The Labor Union and Employment Law
When it comes to collective bargaining, there are certain rules that employers may not break and also certain rules applicable to the Labor Union. This blog will focus on conduct of the Labor Unions.
Rules Applicable to Labor Unions
A Labor Organization may not threaten employees that they will lose their jobs if they choose not to support the Labor Union. They may not seek the suspension, discharge or otherwise punish employees for choosing to not be part of the Union. A Union may not refuse to go forth with a grievance due to the employee criticizing Union officials. A Labor Union may not fine an employee who has resigned from the Union and subsequently acts in protected concerted action or crosses an unlawful picket line. A Union may not engage in pick line misconduct, such as threatening, assaulting or barring non-strikers from the employer’s premises. Finally, a Union may not strike over issues unrelated to the employees’ employment terms and conditions and/or coerce or entangle neutral employees into a labor dispute.
Further, there are certain rights a Union has with regard to requiring Union Members to pay fees to the Labor Union. For instance, where there is an agreement between an employer and a Labor Union, all employees in a bargaining unit may be required to pay Labor Union dues and fees within thirty (30) days of being hired. In this case, employees who object to full Union Membership may continue as ‘core’ members and pay only a portion of the dues. An employee may object to Union Membership based on personal religious grounds, however, still must pay a certain amount of dues. The amount of dues allowed to be charged by Unions is subject to federal and state laws and court rulings. Finally, Unions are obligated to tell all covered employees that the option to opt out of Union Membership exists.
If you or someone you know has a potential employment law claim and/or questions regarding your rights, contact the attorneys of The Ticktin Law Group for a complimentary consultation.