News outlets are reporting that the Service Employees’ International Union (SEIU) officials have ordered more than 75,000 healthcare workers to strike against Kaiser Permanente in California, Colorado, Oregon, Washington, Virginia, and Washington, D.C.

This situation raises serious concerns for healthcare employees who believe there is much to lose from a union boss-ordered strike and who do not want to abandon their jobs and their patients.

Employees have the legal right to rebuff union officials’ strike demands, but it is important for them to be informed before they do so.

If You Would Like To Work During A Strike, Read This Entire Special Notice Before Returning To Work – It Might Save You Thousands Of Dollars!

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. For more than five decades, Foundation attorneys have worked in the courts and labor agencies to protect and expand individual employees’ rights in situations such as strikes. It is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee victims of forced unionism abuses.

Employees of Kaiser Permanente should know they have the following rights and options:

1. If you are not a member of the SEIU, the SEIU cannot lawfully fine or discipline you if you choose to work during a union-ordered strike. The reason is that union officials have no disciplinary power over individuals who are not union members. Union officials cannot fine or discipline nonmembers for crossing a picket line and working during a strike.

2. If you are a member of SEIU and want to work during a strike, you should seriously consider resigning your union membership at least one day before you return to work to avoid potential union fines and other discipline. The reason is that union officials can (and often do) levy heavy fines against union members who work during a strike.

   Employees have a legal right to resign their union membership at any time, simply by providing a letter of resignation to the union. Under current law, a letter of resignation is automatically effective the next day after the letter is postmarked. Although not legally required, a good practice is to send a resignation letter to both the union and employer by certified mail, return receipt requested. If a resignation letter is hand-delivered, the delivery should be witnessed. Keep a copy of the resignation letter. These practices will guard against union officials pretending to have not received a resignation letter.

   The decision whether to resign your membership and/or work during a strike is wholly yours. The Foundation is simply providing this information so that your decision is informed. More information can be found here.

   In sum, if you are a SEIU member who wants to work during a strike and avoid union fines for so doing, you should give the SEIU notice of your resignation at least one day before you cross the picket line so that when you return to work you are not a union member. A sample resignation letter can be found here. If you encounter any difficulties in exercising your right to work during a strike, you can contact the Foundation to request free legal aid here.

3. If you become a nonmember of the SEIU and are fortunate enough to live in a Right to Work State, such as Virginia, you cannot be required to pay any dues or fees to the union as a condition of your employment. A list of Right to Work states can be found here.

   If you become a nonmember of the SEIU and do not live in a Right to Work state, you can be compelled to pay a reduced fee to SEIU when there is a contract in effect that contains a forced-fee clause. More information on individuals’ right to pay reduced fees in non-Right to Work states can be found here.

4. If you and your co-workers no longer want the SEIU to be your exclusive bargaining representative, you have the right to petition for a secret ballot decertification election when the collective bargaining agreement is expired. Information about decertification elections can be found here.

5. If you have any questions about the rights discussed above, or if you believe SEIU may be violating your right to work during a strike or your right to refrain from SEIU membership, you can contact the Foundation for free legal information here or by calling (800) 336-3600.