loader
Page is loading...
NLRA

Labor Board: Union’s Attempted Roadblock To Member Resignation Unlawful


Unions, like employers, have various obligations to their members under the National Labor Relations Act (NLRA). While not litigated as frequently as alleged company violations, the National Labor Relations Board (NLRB) does prosecute labor law violations by unions when they are believed to have occurred. A recently released advice memo provides a recent example of such an instance.

At issue in the case was an employee who was working on a construction project where the Laborers union was representing certain workers. The employee joined the union and signed a dues authorization card to permit the union to deduct dues from his paycheck for successive one-year periods with a limited revocation window each year. The authorization further prevented the worker from resigning his union membership as long as his dues authorization remained in effect. The employee worked in Virginia, which is a right-to-work state. In right-to-work states, it is unlawful to require an employee to be or remain a union member as a condition of employment.

The NLRB determined the dues checkoff form was unlawful based on the language that prevented resignation of union membership. The board specifically found that the language placed an undue burden on an employee’s right to voluntarily be a union member or not, noting the agency’s longstanding prohibition against unions placing any “meaningful restrictions” on an employee’s right to resign. The agreement at issue here limited that option to only one short revocation window each year. In other words, it was too restrictive.

This serves as another reminder that union conduct is regulated just like employer conduct under the NLRA and held to strict standards. 


RELATED ARTICLES

How Has COVID-19 Impacted Union Election Results?

October 23, 2020 | Labor Relations, Unions and Union Membership, National Labor Relations Board

Does Labor Law Protect Employees Engaged In Political or Social Advocacy?

October 14, 2020 | Labor Relations, National Labor Relations Board

Zip It: Severance Agreement Confidentiality Provisions Upheld

September 23, 2020 | Labor Relations, National Labor Relations Board

Sixth Circuit Calls NLRB-Ordered Public Notice Reading Into Question

September 11, 2020 | Labor Relations, National Labor Relations Board

Labor Day 2020: State of the U.S. Labor Unions

September 4, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
Union Membership
NLRB NLRA
labor union
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.