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Belhumeur v. Labor Relations Commission

Though teacher's union was entitled to agency fee from nonmember teachers who benefitted from union's collective bargaining activities, union should have deducted portion of fee related to costs for statewide strike discussions and university demonstrations that were unrelated to collective bargaining activities; accounting expenses and salaries for union officers could be charged as part of nonmembers' fee.

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The full case caption appears at the end of this opinion.

IRELAND, J. James J. Belhumeur and 118 other public school teachers throughout the Commonwealth[FOOTNOTE 1] (collectively charging parties), filed multiple prohibited labor practice charges with the Labor Relations Commission (commission), challenging the amount of the agency fee [FOOTNOTE 2] demanded by their collective bargaining representative, the Massachusetts Teachers Association (MTA)/National Education Association (NEA) and its local affiliates (collectively unions), over five fiscal years, 1987-1992. [FOOTNOTE 3] After hearings on the MTA portion of the agency fee, the commission issued a decision concluding that the MTA had demanded an excessive agency fee. See Matter of Springfield Educ. Ass’n, Mass. Teachers Ass’n, Nat’l Educ. Ass’n & Belhumeur, 23 M.L.C. 233 (1997). Both the charging parties and the unions appealed. We granted their joint application for direct appellate review and now, with three modifications, remand the case to the commission for the entry of an order consistent with this opinion.

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