Generally, a company can't require a worker to become a full union member as a condition of employment, but the worker may have to pay at least some portion of union dues, depending on the basis of his or her objection to the union and the laws of the state where the employer is located. Unionized work situations generally are either open shop or agency shop. The type of shop that exists within a unionized bargaining unit will be spelled out in the contract between the union representing that unit and the employer.
Ask the union representative for a copy of the contract governing your job before you sign up for union membership. The NLRA allows a union and an employer to enter into a contract called a "union security agreement. An employer that enters into one of these agreements is required to fire workers who don't either join the union or make the payments called for in the contract.
Employers with this type of contract are called "agency shops. However, the NLRA also allows states to prohibit these agreements, and many states have done so. In these states, workers who decide not to join the union cannot be required to pay any fees to the union, nor can they be fired or otherwise penalized for failing to do so.
These statutes, called "right to work" laws, basically require that every unionized workplace be an "open shop," in which workers are free to choose whether or not to join or support the union. Because this is a perennially hot topic, states take up right to work legislation and consider changing their status frequently. Check in with your state's labor department to find out the current rules. Workers who object to paying union dues either on religious grounds or because they don't support the union's political or other activities usually those that are unrelated to representing the workers in the bargaining unit are also entitled to alternative arrangements, even in states that allow union security agreements.
A worker who refuses to join a union or pay union dues for religious reasons may be exempt from paying dues or fees.
However, these workers can be required to make a similar contribution to a nonlabor, nonreligious charity organization. And the union can require them to pay the reasonable cost of any grievances the union handles on their behalf. In states that allow union security agreements, nonmember workers who object to the union's use of fees for political or other nonrepresentational activities are entitled to get that money back.
The NLRA allows unions and employers to enter into union-security agreements which require the payment of dues or dues equivalents as a condition of employment. Federal law allows unions and employers to enter into "union-security" agreements which require all employees in a bargaining unit to become union members and begin paying union dues and fees within 30 days of being hired. Employees may choose not to become union members and pay dues, or opt to pay only that share of dues used directly for representation, such as collective bargaining and contract administration.
Known as objectors, they are no longer union members, but are still protected by the contract. There may be some workplace tension between workers who support the union and those who opt not to pay fees. Thus, employers need to pay close attention to employee morale issues that this ruling might generate, Neuberger said.
HR should get out in front of the issues and have open communication with employees, Broderick said. Pay raises in the U. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. By Lisa Nagele-Piazza, J. Reuse Permissions. Image Caption. Here's what affected employers should be doing in light of the decision: Obtain Written Consent HR professionals in unionized workplaces are familiar with the dues checkoff—an employee's voluntary authorization to automatically deduct union dues from paychecks.
Address Morale Issues There may be some workplace tension between workers who support the union and those who opt not to pay fees. You have successfully saved this page as a bookmark. OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark. Delete Cancel. You have successfully removed bookmark. Delete canceled. Please log in as a SHRM member before saving bookmarks. OK Proceed. Your session has expired. Please log in as a SHRM member.
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