Case Study:
William Lowary was a geography teacher in the Lexington, Ohio, local school system. The Lexington Teachers Association (LTA) was the exclusive bargaining representative for all teachers employed by the Lexington Board of Education. Lowary was not a member of the LTA or any teachers union organization. Lowary’s employment contract contained a provision that incorporated an agency shop section of the LTA collective bargaining agreement. The contract stated that money would be deducted from his paycheck and provided to the LTA as a fair-share fee. Lowary never specifically authorized any deductions from his salary, however, and he did not receive any information concerning the ultimate use of deducted funds or the procedure for obtaining a rebate. When the school board began deducting $29.65 (an amount equal to the union dues paid by LTA members) from each of his paychecks, Lowary objected. He went to U.S. district court to seek an injunction against the deducting of further monies from his salary on the grounds that his constitutional rights had been violated. May a public school system constitutionally deduct union dues from a nonunion teacher’s salary? If so, have the LTA and the Lexington Board of Education acted properly in this case? Decide. [Lowary v. Lexington Board of Education, 124 LRRM 2516 (N.D. Ohio)]
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.