Abood v. Detroit Board of Education
E755434
Abood v. Detroit Board of Education was a 1977 U.S. Supreme Court decision that upheld the constitutionality of mandatory public-sector union agency fees from nonmembers under the First Amendment.
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
United States Supreme Court case
ⓘ
labor law case ⓘ |
| areaOfLaw |
constitutional law
ⓘ
public-sector labor law ⓘ union security agreements ⓘ |
| arguedDate | 1976-11-09 ⓘ |
| citation | 431 U.S. 209 ⓘ |
| concurrenceBy |
John Paul Stevens
NERFINISHED
ⓘ
Lewis F. Powell Jr. NERFINISHED ⓘ William H. Rehnquist NERFINISHED ⓘ |
| constitutionalProvisionInterpreted | U.S. Constitution, First Amendment NERFINISHED ⓘ |
| court | Supreme Court of the United States ⓘ |
| decisionDate | 1977-05-23 ⓘ |
| decisionType | opinion of the Court ⓘ |
| docketNumber | 75-1153 ⓘ |
| employmentContext | public school teachers ⓘ |
| firstPage | 209 ⓘ |
| fullName | Abood et al. v. Detroit Board of Education et al. NERFINISHED ⓘ |
| geographicalContext | Detroit, Michigan NERFINISHED ⓘ |
| holding |
The First Amendment permits a public employer and a union to require nonunion employees to pay agency fees for collective-bargaining, contract-administration, and grievance-adjustment purposes.
NERFINISHED
ⓘ
The First Amendment prohibits compelling nonunion employees to fund a union’s political or ideological activities unrelated to collective bargaining. ⓘ |
| joinedByInMajority |
Byron R. White
NERFINISHED
ⓘ
Harry A. Blackmun NERFINISHED ⓘ Lewis F. Powell Jr. NERFINISHED ⓘ Thurgood Marshall NERFINISHED ⓘ Warren E. Burger NERFINISHED ⓘ William H. Rehnquist NERFINISHED ⓘ William J. Brennan Jr. NERFINISHED ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| legalIssue |
First Amendment freedom of association
ⓘ
First Amendment freedom of speech NERFINISHED ⓘ constitutionality of agency shop arrangements in the public sector ⓘ |
| majorityOpinionBy | Potter Stewart NERFINISHED ⓘ |
| overruledBy | Janus v. American Federation of State, County, and Municipal Employees, Council 31 NERFINISHED ⓘ |
| overruledByCitation | Janus v. AFSCME, Council 31, 585 U.S. ___ (2018) NERFINISHED ⓘ |
| parties |
D. Louis Abood and other public school teachers
ⓘ
Detroit Board of Education NERFINISHED ⓘ |
| precedentFor | constitutionality of public-sector agency shop arrangements prior to 2018 ⓘ |
| rearguedDate | 1977-03-30 ⓘ |
| relatedCase |
International Association of Machinists v. Street
NERFINISHED
ⓘ
Railway Employes’ Dept. v. Hanson NERFINISHED ⓘ |
| reporter | United States Reports ⓘ |
| result | Judgment of the Michigan courts affirmed in part and reversed in part ⓘ |
| subjectMatter | mandatory agency fees for nonunion public employees ⓘ |
| subsequentTreatment |
criticized in Harris v. Quinn
ⓘ
criticized in Knox v. Service Employees International Union, Local 1000 ⓘ |
| volume | 431 ⓘ |
| yearDecided | 1977 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.