I thought I remember reading that it is illegal to fire a worker that fails to join or require one to join the union in places that are “union shops.”
Could not get the search feature to work - may have been here where I was doing the reading.
I have friends that swear that they will be fired if they quit the union or stop paying dues claiming that there are only two choices at a union shop: Do Not Work or Join the Union.
So what’s TSD?
Thanks!
I can’t offer much on the legality of this, but the term you are looking for is “closed shop”.
I used to work in an “open shop” (USPS) ie, workers were free to join the union or not, and the non-union workers were treated poorly by their union coworkers.
Capn
Former NALC member
Depends entirely on the laws of your jurisdiction. Closed shop agreements are permitted in most Canadian jurisdictions.
A few years back I taught night classes to adults through a program set up by a local school district here in California. As a public school teacher I was required to join the California Teachers Association’s local for that district. As I was teaching part time (teaching >=7.5 units/semester) and it was a second job, I had no interest whatsoever in joining the union. (Come to think of it, even if I was teaching full time and it was my only job, I’d have no interest in joining the union. But I digress.)
Instead of full membership, under California law I had the option to become an “agency fee payer.” This limited how much the union could extor–…er, withhold from my paycheck to only funds used for non-political purposes. In exchange I received no union benefits or representation.
That’s how it works in California. Your state may have a different system in place.
Even if you are forced to join under a closed shop, in a 1988 Supreme Court opinion (Communication Workers of America v. Beck), the Court declared that employees forced to pay union dues under the National Labor Relations Act do not have to contribute to a union’s partisan political activities. Unfortunately, this law has not be enforced to any serious degree. (See http://www.cato.org/pubs/pas/pa-174.html for more info.) If you plan to pursue this tack with your local, all I can say is “good luck.”
I work in a closed union shop. Those that object to union membership do not have to pay dues but must donate the money to a charity of their choice. If you live in a right to work state you cannot be forced to join a union. But then you can be fired from that job for no reason too.
I found this:
Maryland is not a right-to-work state. It seems that there are lots of different situations. My friend is a boiler mechanic, employed by a private firm that is contracted by the Federal Government (FDA). It looks like he should not have to join, but would still be required to pay most, but not all, of the dues.
He tells me it is join Local 99 or leave - period. I think he is being lied to, and that alone seems wrong even if it would be a better idea to go with the flow
Anyone applying to a union shop with no intention of joining the union only weakens the bargaining unit within the shop.
The attraction a potential employee has to a union shop may be based on the benifits and security offered by the labor agreement.
Why would you want to weaken the very thing that makes the company worth working for? Why would anyone want to be a Scab?
If you don’t want to join a union don’t apply at union shops.
In Missouri, at a major aerospace manufacturer, you do not have to join the union, but you do have to pay dues.
The general rule in the U.S. is that union membership is never mandatory – there’s no such thing as a traditional “closed shop” in the U.S. This is a matter of federal law, and individual states cannot overrule it, although I’m sure there are exceptions of which I’m not aware. Depending on your industry and your state, the union may be able to force non-members to pay an “agency fee” or other fee in lieu of union dues. If so, the cost to the employee may or may not be similar to the cost of dues to a union employee, but the non-union employee will not have a voice in union elections or decisions, may not be entitled to union representation during employment disputes with management, and may forfeit other union protections. Nonetheless, he probably does have the right to refuse to join, and he’ll still be covered by the Collective Baragaining Agreement negotiated between management and the union, at least in some instances.
While I am in general wary about websites that strongly advocate a position, the NRWLDF’s looks pretty reliable – they cite to actual law and they link to their sources.
Blown, it sounds like your friend should contact a labor attorney licensed in his jurisdiction. It may be that there is a miscommunication about the requirement of the agency fee. There are probably also exceptions to the no-closed-shops rule of which I’m not aware. Your friend should also think seriously about why he doesn’t want to join the union, especially if the agency fee is similar to the dues he would otherwise pay.
Soisi, take it to GD or the Pit. Blown asked a factual question about his friend’s rights under the law, and your statement that the friend should not exercise what rights he may have is neither on point nor appropriate in this forum. If you don’t like U.S. labor relations law, take it up with your congressman, not those interested in exercising their legal rights.
–Cliffy
P.S. The foregoing should not be taken as legal advice. I am not familiar with the facts of the case, I am not licenesed in your jurisdiction, and I am by no means well-educated in labor and employment law. I am not competent to advise you in this matter. You need to contact an attorney experienced in this area of the law, licensed in your jurisdiction, and fully conversant with all the related facts. You are not my client; I am not your lawyer.
[QUOTE=MrWhipple]
A few years back I taught night classes to adults through a program set up by a local school district here in California. As a public school teacher I was required to join the California Teachers Association’s local for that district…
QUOTE]
I’m doing the same thing, MrWhipple, athough it’s in the CSU system. The current rules allow me NOT to be a member of CTA, while still being covered by the terms of the CTA contract. So I’m not paying dues and not receiving CTA H&R benifits, but last year when the CTA bargained for seniority and job security for part time lecturers, I received the same protection as a member in good standing. (The scuttlebutt is that the state negotiated for this type of open shop as a way to weaken the CTA)
BTW I am a member of a union in my other job, where it is a closed shop & I’m a member with full benies.
So they can’t fire you for refusing to be a part of the union… but they can fire you for no reason at all.
Am I the only one who sees a bit of a hole in the logic here?
Thanks for the insight on this subject!
My friend really does not care much except that Local 99 does nothing for him but take, I think he said, $46 per month.
I am just pissed that he, and all his coworkers are seemingly being lied to.
[QUOTE=Qburn]
I’m in the CA community college system and teaching on two campuses. I am covered by the CTA contract at one and by the AFT contract at the other. I chose to become a member of both in order to take full advantage of voting rights and membership privileges. I am part-time, too.
I actually handle the membership for the PTS’ AFT chapter. Those who choose to pay the reduced fair share fee do not get all the privileges but they are covered by the contract and can therefore take advantage of the office hours pay program, the medical premiums reimbursement program, and all the rest–and get increased salary and equity money when we finish negotiating it. Out of more than 200 unit members, only about 18 have chosen fair share. Our little union for adjuncts has only existed for a couple of years.
One could also request arbitration (a hearing) if objecting to the fair share fee, but nobody has chosen this option.
Just my take on things.
Perhaps I know of you, Qburn…
Addendum:
New hires are given ample time to decide what they want to do. Otherwise, they have to pay the full freight. They do not get fired. Adjunct profs are rarely fired, anyway. They are sometimes not rehired, but that is the management’s decision.