Recent news reports indicate that Teamsters union bosses have issued a strike order affecting many hundreds of drivers for 10 Roads Express across the country. A legal dispute now exists between 10 Roads Express management and Teamsters bosses on whether bargaining to end the strike should take place on a national or local level, which increases the likelihood this will be a continuing situation. Further, should the Teamsters union officials prevail, it could undermine 10 Roads Express employees’ ability in the future to exercise their rights under federal law.

The situation presents serious concerns for employees who believe there is much to lose from a union-ordered strike. That is why workers confronted with strike demands frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other union discipline for continuing to work to support themselves and their families.

The fact is, employees do not have to become or remain members of the Teamsters or any other union to get or keep their jobs. Despite often-misleading language in collective bargaining contracts, no employee is actually required to be a member of a union. And if an employee is not a member of a union, union officials have no power to fine or discipline him or her. In this way, employees have the right to rebuff union strike demands under federal labor law. However, it is important you read the following before you do so.

You should learn about your rights from independent sources and should not rely on what self-interested union officials tell you.

For five decades, the National Right to Work Legal Defense Foundation has worked in the courts to expand and protect the rights of individual employees in such situations. It is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee victims of forced unionism abuse, and has successfully litigated many cases for truck drivers, warehouse workers, and other employees subject to coercive and illegal actions from Teamsters officials.

10 Roads Express employees should know they have the following rights:

(1) You have the right not to be a union member. If you’re currently a union member, you can resign your union membership by sending the union a letter resigning your membership. Sample letters for various 10 Roads Express facilities are here.

(2) You have the right to go to work during a strike. Union officials can (and often do) fine union members who work during a strike. So, you should seriously consider resigning BEFORE you return to work during a strike, to avoid union fines and discipline. See Union Discipline and Employee Rights

(3) You also have the right to revoke your dues check-off and stop allowing the union hierarchy to collect money from your paycheck. You can send letters to the union and your employer revoking your authorization to have union fees deducted from your paycheck during periods when there is no collective bargaining agreement in effect.

Once the strike concludes, Teamsters officials may be able to require you to pay union dues or fees as a condition of keeping your job depending on what state you work in. If you work in a non-Right to Work state (click here for a full list), you will likely be subjected to this forced-dues requirement.

However, union nonmembers have a right under the Foundation-won Communications Workers v. Beck (1988) Supreme Court decision to refuse dues payments for union boss political expenses and other expenses not related to collective bargaining and contract administration. Sample letters for employees who wish to resign their union membership, revoke their dues check-off, and exercise their right under Beck to opt-out of dues deductions for union politics and other non-bargaining expenses can be found here, tailored to different 10 Roads Express locations.

However, if you work in a Right to Work state (click here for a full list), Teamsters union bosses legally can’t require you to pay any union dues or fees just to keep your job. You can learn how to exercise this freedom here.

(4) If you wish to eject an unaccountable union hierarchy from your workplace, you have the right to circulate or sign a decertification petition to obtain a secret ballot election to do so. See Decertification Election.

 NOTE: If you decide to resign your membership and return to work, send in your resignation using U.S. Mail and email, and save copies of your letters and any receipts to prove delivery. If you hand deliver a resignation and/or dues deduction revocation, make sure that you have a reliable witness to the delivery. In our experience, it is not uncommon for angry and dishonest union officials to pretend they did not actually receive resignations and initiate proceedings against non-striking workers anyway.

Go to About Your Legal Rights: Private Sector Employee to learn more about your rights, and contact the NRTW Foundation at https://www.nrtw.org/free-legal-aid, [email protected], or 800-336-3600 with any questions.