{"id":2143,"date":"2012-06-14T15:58:18","date_gmt":"2012-06-14T15:58:18","guid":{"rendered":""},"modified":"2022-03-14T10:34:51","modified_gmt":"2022-03-14T14:34:51","slug":"required-join-pay-charter","status":"publish","type":"page","link":"https:\/\/nrtw.org\/es\/required-join-pay-charter\/","title":{"rendered":"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?"},"content":{"rendered":"

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\nIf There Is a Union in My Charter School Workplace, Can I Be Required to Be a Union Member or Pay Dues to a Union?<\/b>\n<\/p>\n

\nNo. 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.<\/b><\/i>\n<\/p>\n

\nNOTE:<\/b> 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<\/a> for an explanation of the differences between public-sector and private-sector charter school employees.\n<\/p>\n

\nAs recognized by the United States Supreme Court in the Foundation-supported cases of Abood v. Detroit Board of Education<\/i>, 431 U.S. 209 (1977)<\/a>, and Communications Workers v. Beck<\/i>, 487 U.S. 735 (1998)<\/a>, you cannot be required to be a union member or pay full union dues to keep your job in any state. If you work in a Right to Work state<\/a>, you cannot be required to join the union as a member or be required to pay anything to the union unless you choose to become a voluntary union member.\n<\/p>\n

\nHowever, in a non-Right to Work state, as a condition of employment (keeping your job), you can be required to pay a fee equal to the union\u2019s proven expenses related to collective bargaining, contract administration, and grievance adjustment. This forced fee cannot lawfully include the union\u2019s expenses for things such as political and ideological activities, lobbying, public relations, illegal strikes, etc. Therefore, if the collective bargaining agreement says you must be a union member or pay full union dues to keep your job, it is unenforceable, as written. As an objecting nonmember of the union, you can only be required to pay the reduced fee amount that represents the union\u2019s bargaining costs. Except in extraordinary cases, the union\u2019s costs of collective bargaining, contract administration, and grievance adjustment do not equal the amount of full union dues.\n<\/p>\n

\nIn the Foundation-supported case of Chicago Teachers Union v. Hudson<\/i>, 475 U.S. 292 (1986)<\/a>, the United States Supreme Court held that a public employer and union that agree to a compulsory unionism requirement must establish procedural safeguards to protect your right as a nonmember to only pay a reduced fee that covers the union\u2019s bargaining costs. These mandatory safeguards include all of the following:\n<\/p>\n