Note: Charter school employees may be classified as public or private, depending on how they are employed, and how their employer is created, operates, and governed. The protected rights available to an employee varies based on this classification. For an explanation of how charter school employees may be classified for purposes of compulsory unionism, please read the section, “Public or Private—Why Does It Matter?”
Sometimes unions, in their constitution and bylaws or in collective bargaining agreements, attempt to impose limits on the right of members to resign. However, under Abood v. Detroit Board of Education., 431 U.S. 209 (1977), it necessarily follows from the U.S. Supreme Court’s decision that public-sector employees cannot constitutionally be prevented from resigning from their union at any time. In addition, the National Labor Relations Act and some state laws guarantee employees the right to resign. If you are unsure about whether you can resign or if a union is preventing you from resigning, contact a Foundation staff attorney at (800) 336-3600 or by email or click here to fill out a legal aid request form.
The decision whether to resign is yours alone. As a nonmember you are not subject to union rules and discipline. However, the union must continue to represent you and all union nonmembers fairly, without discrimination, in all collective bargaining matters. If you are a nonmember, you cannot be denied any benefits under the collective bargaining agreement with the employer because of nonmembership.
On the other hand, as a nonmember you probably could not vote on ratification of the contract or election of union officers, and there may be member-only benefits under the union’s constitution or bylaws that are not available to nonmembers.
Public Sector Employees:
If you work for a public employer, you have no obligations whatsoever to the union after resigning even if a state law or contract between your employer and the union contains a provision requiring you to join the union or pay union fees because that state law or forced fee contractual provision is unconstitutional as a result of Janus v. AFSCME.
However, if as a union member you signed a dues deduction authorization card, that authorization may contain a limitation on when you can revoke authorization payroll deduction of union dues. In that event, you should request the advice of a Foundation attorney as to whether the limitation can lawfully be enforced.
If you would like to see a sample union resignation and dues check-off authorization letter for public employees, click here. You should check whether your union’s constitution or bylaws specifies to whom a resignation must be sent.
If you decide to resign and revoke your check-off authorization, keep copies of your letters for your records. You should send such letters by certified mail, return receipt requested so that the union and employer cannot claim that they did not receive them.
If the union and/or employer do not honor your resignation and/or dues deduction revocation, you should contact the Foundation immediately if you want assistance. There may be a time limit on when claims of violation of your rights may be filed, so it is important to pursue claims promptly.
This information is not intended to advocate that you resign from the union or revoke your dues check-off authorization. It simply explains your legal rights.
Private Sector Employees:
If you are a nonmember private sector employee working in a non-Right to Work state and state law or the collective bargaining agreement includes a provision that requires charter school employees to join the union or pay union fees, you have the right to object to paying a forced fee equal to membership dues. After objecting, you should only pay a reduced fee that is the portion of union dues covering collective bargaining, contract administration, and grievance adjustment. As an objecting nonmember, you cannot be required to pay for members-only benefits. Stated differently, after you have resigned your union membership, you only are legally required to pay the reduced fee. For a sample union resignation and objection letter that can be used in a non-Right to Work state where state law or the contract requires you to join the union or pay union fees, click here.
If you work in a Right to Work state or where state law or the collective bargaining agreement do not contain a forced unionism clause, you have no financial or other obligations to the union once you resign. For a sample resignation letter in these two scenarios, click here. You should check whether your union’s constitution or bylaws specifies to whom a resignation must be sent.
However, if as a union member you signed a dues deduction authorization card, that authorization may contain a limitation on when you can revoke authorization payroll deduction of union dues. Therefore, even though you submit a valid resignation letter, it may not automatically revoke your dues deduction authorization. You may have to wait and resubmit a separate revocation letter during the actual time-frame for revocation listed on the authorization card.
If you decide to resign and revoke your check-off authorization, keep copies of your letters for your records. You should send such letters by certified mail, return receipt requested so that the union and employer cannot claim that they did not receive them.
If the union and/or employer do not honor your resignation and/or dues deduction revocation, you should contact the Foundation immediately if you want assistance. There may be a time limit on when claims of violation of your rights may be filed, so it is important to pursue claims promptly.
Although the sample resignation/objection letter says that your objection is continuing and permanent, some unions do not honor this provision and require you to annually renew your objection. The courts are inconsistent on whether this annual objection requirement is legal. To determine whether you need to annually renew your objection, contact a Foundation staff attorney at (800) 336-3600 or by email or click here to fill out a legal aid request form.
