Copyright © 2010 National Right to Work Legal Defense Foundation
National Right to Work Legal Defense and Education Foundation, Inc.
8001 Braddock Road / Springfield, Virginia 22160
(703) 321-8510 | (800) 336-3600 / (703) 321-9613 fax - general
(703) 321-9319 fax - legal department
Union Security
The Union security Language in our contract permits the collection of dues from all employees employed in our shops. There is no language in our contract that makes joining the union or paying dues a condition of employment and Mr. Carey has the option of requesting an "Agency Fee Payer" status and upon approval, would be required to only pay dues germane to representation and negotiations.
No threats were ever made to him or anyone else to join the union, which is their choice. They are none the less required to pay dues in accordance with the CBA.
Our Local has the right to persue the collection of dues that are considered in arrears in small claims court and that is the action that Mr. Carey was made aware of in a letter from our Secretary Treasurer. Again, no threats were made.
There are a number of employees in our bargaining unit that are not interested in joining our Local and that is their right, but they are still obligated to pay "core member" due amounts to our Local and they along with Mr. Carey have also received notification that their dues are in arrears and for them to please remit them to our local.
We are in compliance with the law and our collective bargaining agreement and view Mr. Carey's actions as that of a defiant anti-union minded individual.
We are confident that Mr. Carey's ULP will be dismissed on the same grounds as his attempt to de-authorize the union security clause of our collective bargaining agreement. The Union does not have the authority to request termination of an employee for not joing the union or for not paying union dues.
Lee Carey should request angency fee payer status and he will be rquired to pay the reduced amount as determined under the "Beck" ruling.
Ronnie Pineda
President,
GCC/IBT Local 140-N