Union Membership

Our company has a union contract and I have only recently been involved in union-related issues. We recently hired an employee who has refused to join the union even though he is part of the bargaining unit? Can an employee opt out of the union? Will he be required to pay any dues to the union even though he isn't a member?

Comments

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  • I'm sure if this can vary from State to State and by bargaining group.  We are in Maine and I can tell you how it works at our organization.  We have 3 bargaining groups in our company.  The bargaining group membership is administered by that group not our company.  We do give them the option of payroll deduction and the check for dues goes to the bargaining group.  This is a separate entity from our company.  Employees can choose or not choose to join and pay dues.  Even if they do not join, their pay and benefits follow the bargaining agreement if their position or class of employee is covered under the barg. agreement. 

    I am not sure what the definition difference is between Union and Bargaining Unit.

     Sue

  • Sue is right, as far as I know, an employee has the right to opt out of the union, but still has the same benefits/pay as the members of the union.  I think a bargaining unit is a group of union/non-union employees that has a union rep.  An employee doesn't have to be a member, but still could be considered as part of the bargaining unit.
  • The National Labor Relations Act gives employees the right to join or not join a union. The NLRA covers most employers, but some states also have their own "right-to-work" laws that prohibit compulsory union membership.

    Hope this helps!

  • The answer to your question it depends on a couple of things.  What the state law says and whether or not it is an "open" or "closed" shop.  In a closed shop, the employee must join or can't be employed.  The collective bargaining agreement will spell out which kind of shop it is.  Where an employee must join, they can refuse to have their dues going into the political portion of the union and have that portion donated to charities which have been specified (such as The American Cancer Society, etc.).  Certain states such as Florida, have open shops.  You can join and pay dues if you choose.  However, the union has a legal obligation to represent you even if you do not pay dues.

     A "Bargaining Unit" is the specific classifications that are represented by the Union.  That is decided by the original petition to the NLRB.  The "Union" is the organization that represents the employee's, such as the Internation Brotherhood of Electrical Workers.  They would represent many bargaining units from many different companies.

    Hope this helps you.

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