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FAQ
If the union wins, can I drop out later if I decide that it
isn't worth the cost? Can I be forced to be a member of the
union?
The answer depends on where you live. In the 28 states that
haven't passed Right To Work laws, employees working under a
"union shop" contract must either join the union and pay dues,
or decide not to join the union and be forced to pay an "agency
fee" (which is usually just slightly less than full dues). For
employees in the 22 states with Right To Work laws, they are not
required to pay either fee. Even then, the union remains the
exclusive representative for all workers, even those who are not
members, and employees who refuse to become members have no
voting rights in union matters. Bottom line: Unionization is not
like joining a club or trying out a new Internet service
provider, where you can easily quit or stop paying if you aren't
satisfied.
If the union wins, will I still be able to negotiate for myself
or represent myself if I have a grievance?
No. By law, the union becomes the exclusive representative for
all of the employees in the bargaining unit, including those who
did not want it. Therefore, individuals are prevented from
attempting to negotiate for themselves if they think they can
get a better schedule or payscale. They may not pursue a
grievance or complaint on their own -- the union representative
has the right to be present even if the employee does not want
them there.
Is there a contract between the union and the workers?
No. The union is not contractually liable to the workers. Its
promises are not legally enforceable.
Who sets the level of
union dues?
The union sets the dues, according to the terms of the union
constitution and by-laws. In general, union locals are part of
the international union (such as the International Brotherhood
of Teamsters), the international can require dues increases of
all locals if delegates to a meeting of the international
approve of a dues increase.
Can the union spend dues money on politics that I either don't
care about or oppose?
Yes. In one case decided by the Supreme Court,
Communication Workers v. Beck, the union was found to
be spending almost 80 percent of its dues money on matters
unrelated to collective bargaining, such as campaign
contributions.
What if
there is a strike and I need to work?
The union can legally fine members who return to work during a
strike. Non-members cannot be fined or threatened under the law,
but unions have been found guilty of doing so anyway.
If the union wins, when will there be another election?
Union elections aren't like political elections, where regular
elections are held to see if the voters want to keep someone in
office. Once a union is certified as the exclusive
representative of the employees, it remains so indefinitely.
Isn't there any way of getting rid of a union if the workers
become dissatisfied with it?
Yes. Workers can petition a government agency, the National
Labor Relations Board, for a decertification election. That
requires getting at least 30 percent of the employees to sign
cards calling for such an election. The union will, of course,
actively oppose decertification, and the people who support it
often face harassment.
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