With news reports indicating that Teamsters union officials have issued a nationwide strike order against Amazon and Amazon Delivery Service Partners (DSP), the National Right to Work Legal Defense Foundation has issued the following Special Legal Notice for the tens of thousands of impacted Amazon and DSP employees.
The Foundation is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee victims of forced unionism abuse, and frequently provides free legal aid and information to workers who wish to resist union officials’ strike orders. Foundation staff attorneys have directly assisted Teamster-represented workers in numerous cases over the years, including multiple recent victories challenging illegal coercion from Teamsters officials. In fact, Foundation attorneys represented UPS employees during previous national Teamsters walkouts.
All Amazon and DSP employees should know they have the right to resign their membership in the Teamsters union and continue to do their jobs. However, because federal law regarding union membership is complex and because union officials often threaten workers who refuse to strike with ruinous fines or other punishments, we recommend you read this entire legal notice before taking action. We also recommend you reach out to Foundation attorneys for free legal advice regarding your specific situation.
We especially urge workers to reach out to Foundation staff attorneys if they experience violence or intimidation from Teamsters union officials at any point during the strike. Teamsters union militants have resorted to violence during previous strikes against UPS and other warehouse employers. Following one such a case, union officials were forced to pay out a monetary settlement in response to a Foundation lawsuit.
The Foundation wants you to learn about your legal rights from independent sources. You should not rely on what self-interested union officials tell you. Amazon and DSP employees who oppose union control in their workplace should know they have the following rights:
- You have the right to resign your membership in the union. If you don’t support the union, you can send the union a letter resigning your membership at any time. Visit this page for an explanation of your rights regarding union membership resignation. NOTE: While not legally required, a good practice is to send your written resignation to the union by certified mail, with tracking number, and save a copy of the letter and the tracking number to prove delivery. If you hand-deliver a resignation, make sure that you have a reliable witness to the delivery. Consider sending multiple copies to different union officials so the Teamsters’ officials cannot deny receipt.
- Employees who resign their membership (or are already nonmembers) have the right to go to work even if the union bosses order a strike. Union officials can (and often do) fine union members thousands of dollars for working during a strike. So, you should seriously consider resigning your union membership BEFORE you return to work during a strike, which is the only way to avoid fines and discipline. Your resignation letter must be postmarked THE DAY BEFORE you return to work or hand-delivered BEFORE you actually return to work.
Due to the complicated and often legally suspect claims Teamsters officials have made regarding which Amazon and Amazon Delivery Service Partner employees the union purports to “represent,” workers are highly encouraged to directly contact the National Right to Work Foundation for free legal aid to evaluate their specific situation.
If there is no union monopoly bargaining contract in effect, you cannot be forced to pay any union dues or fees. If you find that union dues or fees have been demanded or seized from your pay without a contract being in place, please seek free legal aid from the Foundation. If you signed a dues authorization form allowing Amazon to extract dues directly from your paycheck, Foundation attorneys can assist you in trying to revoke that form.
If you work in a state that lacks Right to Work protections AND union officials have finalized a monopoly bargaining contract with a valid forced-dues clause, Teamsters bosses can unfortunately force you to pay some union fees in order to keep your job, even as a nonmember. However, there are still limitations on how much and under what circumstances you can legally be required to pay.
In non-Right to Work jurisdictions, you have the right to cut off dues payments for union politics and other expenses unrelated to the union’s bargaining functions, as per the Foundation-won Communications Workers v. Beck (1988) Supreme Court decision. A sample letter 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 is available here.
We know you are busy, and we know that strikes can create tension within a workplace and a lot of confusion regarding your legal rights. If you have any questions about the rights listed above or any of your other rights, do not hesitate to contact Foundation staff attorneys for free legal help at 1-800-336-3600 or at https://www.nrtw.org/free-legal-aid/. It is wise to consult with one of our attorneys before you act.
