In many states, strikes by public-sector employees are illegal. If that is true in your state, then you may have to work during a strike to avoid possible penalties for violating the law. However, many strikes under the NLRA, which applies to private-sector employees, are legal.
NOTE: Charter school employees may be classified differently depending on whether they are employed by a charter school or an independent management company. The law and protected rights may differ accordingly. Please read About Your Legal Rights: Charter School Employees for an explanation of the differences between public-sector and private-sector charter school employees.
NOTE: Charter school employees may be classified differently depending on whether they are employed by a charter school or an independent management company. The law and protected rights may differ accordingly. Please read About Your Legal Rights: Charter School Employees for an explanation of the differences between public-sector and private-sector charter school employees.
NOTE: You must be a nonmember to possess the rights discussed in this section. If you are currently a union member, you must first become a nonmember, and then object to receive the dues rebate or reduction. To learn how to resign your membership, click here.
SAMPLE LETTER TO UNION:
[NOTE: It is recommended to send this letter by certified mail, return receipt.]
[insert your Name]
[insert your Mailing address]
[Date]
[insert Name of appropriate union officer]
[insert Name of union]
[insert Address of union]
Dear [insert Name of appropriate union officer]:
I object to the collection and expenditure by the union of a fee for any purpose other than my pro rata share of the union's costs of collective bargaining, contract administration, and grievance adjustment, as is my right under Abood v. Detroit Board of Education, 431 U.S. 209 (1977), and if applicable, my statutory right under Communications Workers v. Beck, 487 U.S. 735 (1988).
Determine whether the union's constitution and bylaws specify to whom a resignation must be sent.
SAMPLE LETTER TO UNION:
[NOTE: It is recommended to send this letter by certified mail, return receipt.]
[insert your Name]
[insert your Mailing address]
[insert Date]
[insert Name of appropriate union officer]
[insert Name of union]
[insert Address of union]
Dear [insert Name of appropriate union officer]:
I hereby resign as a member of [Name of union]. My resignation is effective immediately. I will continue to meet my lawful obligation of paying a representation fee to the union under its “union security” agreement with [Name of employer].
If There Is a Union in My Charter School Workplace, Can I Be Required to Be a Union Member or Pay Dues to a Union?
No. You cannot be required to be a union member in any state. But, depending upon in which state you work, you may be required to pay monies to a union.
NOTE: Charter school employees may be classified differently depending on whether they are employed by a charter school or an independent management company. The law and protected rights may differ accordingly. Please read About Your Legal Rights: Charter School Employees for an explanation of the differences between public-sector and private-sector charter school employees.
On May 14, 2012, the U.S. District Court for the District of Columbia declared invalid the National Labor Relations Board’s (NLRB) Representation Case Procedures Rule, better known as the “quickie election” or “ambush election” rule.
The Board had published the final Rule on December 22, 2011, to be effective April 30, 2012. However, the Court invalidated the Rule because the statutorily required quorum of three Board members did not participate in the adoption of the final Rule changing the procedures for union representation elections.
Honolulu, HI (May 10, 2012) – With free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, a Hyatt Regency employee has filed another round of federal unfair labor practice charges against the UNITE HERE Local 5 union.
Steven Taono doesn’t belong to Local 5 but can still be forced to pay union dues as a condition of employment because Hawaii lacks a Right to Work law. However, the Foundation-won Supreme Court precedent Communication Workers v. Beck holds that nonunion employees cannot be forced to pay for union activities unrelated to workplace bargaining, such as political lobbying or members-only activities.
In December 2011, Taono received a breakdown of union financial expenditures from Local 5. According to the union’s books, he was forced to contribute to a variety of activities outside the scope of workplace negotiations, including UNITE HERE political lobbying and a union strike fund.
