Question

3. Do you think it is right for a union and an employer to agree in a collective bargaining agreement that all of the workers subject to the collective bargaining agreement have to join the union in order to keep their job?

Union Discipline Facts: Local 100 of the CL & G Union represented employees at the Kaiser Cement Corporation. The CL & G merged with the International Brotherhood of Boilermakers, and the Local became Local D-100 of the Boilermakers. The local president, both before and after the merger, and three other union members, had not favored the merger. They were also angered by how the Boilermakers had treated some long- term local union representatives. The four union members began actively opposing the Boilermakers. They met with management and proposed that 37 or 38 jobs covered by the contract be changed to nonunion positions; they began the process for a decertification election, and they presented management's proposals on eliminating union positions to the employees. A union member filed charges against the four with the Boilermakers, and the union found them guilty. The discipline imposed was to suspend them from holding any local union office, bar them from holding office in the future, and prohibit them from attending union meetings, except when a vote on a contract was to be held. The four informed the union that because they had been "suspended" from the union they would no longer pay union dues. The union warned them that if they failed to pay union dues, the union would ask the employer to discharge them. Under the collective bargaining agreement, a "union security" clause required employees to be members of the union in order to stay employed. However, under the NLRA, paying dues directly related to the collective bargaining activity is the only obligation a union can impose on the workers subject to such a union security clause. The four disciplined union members filed a grievance charging that the union had violated the Labor Management Relations Act (LMRA). The LMRA gave employees the right not to be discriminated against if they chose not to engage in union activities. Both the discipline and the threat of being discharged amounted to discrimination, they contended. The union's position was that their discipline was an internal union matter protected under the Labor- Management Reporting and Disclosure Act of 1959 and that the LMRA allows for union security clauses in collective bargaining agreements so long as the employee is required to pay only those union dues that actually reflect the collective bargaining service provided by the union. Decision: The court ruled in the favor of the Boilermakers' Union stating that it had the right to discipline the members and call for their dismissal if they failed to pay their dues (1)

Answer 1

Union Security clause is the part of collective bargaining agreement added to protect and ensure union safety. This clause gives the power to the union that in case of default of the payment of dues by the employee the union can ask management to discharge them.

The Supreme Court has given clarity on this clause as : The employee who does not wish to become the member of the union or wants to resign from this union need to pay dues and final fees which are used for the purpose of collective Bargaining.

A employee who does not wish to be a part of union is called financial core member and therefore is not subject to fines for any violation.

In the given case the four employees do not wish to be a part of union, however need to pay final settled amount to be freed from the due of union.

In 1988 the Supreme Court ordered in Beck case that union shall notify that employees have right to refuse the union membership and pay only financial cores. If the union has violated this rule than it has violated National labor Relation Act.

Hence, in the above case as well the four members needs to pay only the financial core dues and not the union membership amount.

Therefore, No, it is not correct by the union and, the employer to compel the employee to join the union if they want to keep their job.

Although union work for the benefits of the employees, and where there is a income inequality or any grievance arises between the employer and employee then union come into place and, fights for the employee.

However, opting this service should be in hands of employee, and he or she should not be compelled to be a part of the union.

For this Right-to-work-laws was initiated which states that : employees who work at unionized workplace and do not wish to be a part of union may opt out of paying dues.