On March 1,, 2019, in United Nurses & Allied Professionals (Kent Hospital), the National Labor Relations Board set a new standard for non-member objectors often referred to as “Beck Objectors.” The Board held that unions can no longer compel objectors to pay a union’s lobbying fees.
The Board based its decision on Communications Workers of America v. Beck and Ellis v. Railway Clerks. In Beck, the Supreme Court held that an objecting employee could not be compelled to pay beyond “the expenses necessary to perform the duties of an exclusive representative.” In Ellis, the court referred to this as “the statutory functions” of the union. The Board held that Ellis limits “unions’ use of exacted funds to direct representative functions,” and that “lobbying activity is not part of the union’s statutory collective-bargaining obligation and, therefore, is nonchargeable.” The Board further argued that lobbying is a political expense and therefore prohibited under Machinists v. Street, which held that non-members could not be compelled to pay for political causes to which they object.
In Kent, the Board also ruled that a union must provide independent verification to objecting non-members and show that its compilation of chargeable and nonchargeable expenses has been appropriately audited. Failure to do so constitutes a violation of the union’s duty of fair representation.
 https://www.nlrb.gov/news-outreach/news-story/nlrb-sets-standards-affecting-beck-objectors-union-lobbying-expenses-are-0 United Nurses and Allied Professionals (Kent Hospital), 367 NLRB No. 94 (March 1, 2019)The Board decision can be found here. https://drive.google.com/file/d/115ZbQKmyur9QOyE95vb2Etba9DiUxAVN/view?usp=sharing
 Beck, 487 U.S. 735 (1988), Ellis, 466 U.S. 435 (1984).
 Beck, at 762.
 Ellis, at 447.
 Decision Page 6.
 Id. Machinists v. Street, 367 U.S. 740,767,768 (1961). The court held that unions do not have the power to use an employee’s “exacted funds to support political causes which he opposes.”
 Decision Page 2. The Board held this violates §8(b)(1)(A) of the NLRA.