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Education Policy Institute

EPI Series

Agency Fees: How Fair Are "Fair Share" Fees?

Executive Summary

"State legislators should repeal the statutes that require or allow agency fees," concludes Myron Lieberman in the first in a new series of publications now available through the Education Policy Institute. Agency fees are the amounts that nonmembers of a union must pay to the unions for representation services. In Agency Fees: How Fair Are "Fair Share" Fees?, Lieberman dispels a number of popular cliches with evidence that:

  • the closer the agency shop fees are to dues, the more teachers will opt for membership and payment of full dues instead of agency fees;
  • the contention that everyone benefits from union representation is fallacious on its face;
  • a decisive objection to agency fees is that fee payers are forced to subsidize political causes to which they are opposed;
  • the National Education Association and the American Federation of Teachers are utilizing agency fees (and dues as well) to support political candidates as well as political causes;
  • because the agency fee comes out of the pockets of the teachers, not school district budgets, school boards are not as careful to protect teacher rights as they should be;
  • the unions do not notify unit members of their agency fee rights unless required to do so by court order or the threat of one.

Even on the most benign view of the matter, agency fees constitute taking money from employees for purposes they do not wish to support, and for activities that may be against their interests. Furthermore, "union determination to take advantage of teachers' lack of information about teacher rights is hardly consistent with the ideal of a union or professional organization devoted to protecting them," writes Lieberman.


Dr. Myron Lieberman is Senior Research Scholar, Social Philosophy and Policy Center, Bowling Green State University, Bowling Green, Ohio; and chairman of the Education Policy Institute.

Publications in the EPI Series on Teacher Unions are available at a cost of $6.00 each through the Education Policy Institute, PMB 294, 4401-A Connecticut Ave., NW, Washington, DC 20008-2322 202/244-7535, Fax 202/244-7584 http://www.educationpolicy.org

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