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Public Employee Rights: Hudson Notices


<p>Public Employees' freedom form compelled speech safeguards were set
forth by the Supreme Court in 1986 in the Hudson decision [Teachers
Local No. 1 v. Hudson, 475 U.S. 292 (1986)]. These safeguards include
advance reduction; that is, if an employee objects to the use of his
money for purposes other than collective bargaining, the union is
supposed to collect from him only the amount that the union concedes
goes towards collective bargaining costs, and not collect full dues and
then later give the employee a rebate. The second safeguard Hudson put
in place is a notice requirement for the basis of the calculation of the
reduced amount, including verification by an independent auditor. There
also is supposed to be an opportunity for prompt review, if anyone
wants to challenge the calculation, before an impartial decision-maker,
and the money is supposed to be held in escrow while such challenges are
pending.<br /><br />Current NRTW case at the Supreme Court is Knox v. SEIU; a ruling is expected Spring of 2012</p>