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].
Furthermore, I object to the collection and expenditure 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 constitutional 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).
Pursuant to Chicago Teachers Union v. Hudson, 475 U.S. 292 (1986), I request that you provide me with my First Amendment and duty of fair representation procedural rights, including: reduction of my fees to an amount that includes only constitutionally chargeable costs; notice of the calculation of that amount, verified by an independent certified public accountant; and notice of the procedure that you have adopted to hold my fees in an interest-bearing escrow account and give me an opportunity to challenge your calculation and have it reviewed by an impartial decision-maker.
[If you pay dues by payroll deduction, include the following: Accordingly, I also hereby notify you that I wish to authorize only the deduction from my wages of representation fees limited to those costs that are lawfully chargeable under the First Amendment to the United States Constitution. If I am required to sign a form to make that change, please provide me with the necessary form.]
Please reply promptly to my request. Any further collection or expenditure of dues or fees from me made without the procedural safeguards required by the First Amendment to the United States Constitution will violate my civil rights under the Federal Civil Rights Act of 1871, 42 U.S. Code § 1983, or if applicable, under the National Labor Relations Act, and the U.S. Constitution.
Finally, this objection is permanent and continuing in nature.
Sincerely,
[Name]
Also send a copy of the union resignation and object letter to your employer.
SAMPLE LETTER TO EMPLOYER:
[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 payroll department management employee]
[insert Name of department responsible for payroll deductions]
[insert Address of department responsible for payroll deductions]
Dear [insert Name of appropriate payroll department management employee]:
Today I submitted my resignation from [Name of the union]. A copy of my letter to the union is enclosed. I will continue to meet my lawful obligation of paying a representation fee to the union under its “union shop” or “agency shop” agreement with [Name of employer].
Furthermore, 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/or Communications Workers v. Beck, 487 U.S. 735 (1988).
Pursuant to Chicago Teachers Union v. Hudson, 475 U.S. 292 (1986), I request that you ensure that the union provides me with my procedural rights, as outlined in my letter to the union. If it does not, I ask that [Name of employer] provide them.
[If you pay dues by payroll deduction, include the following: Accordingly, I also hereby notify you that I wish to authorize only the deduction from my wages of representation fees limited to those costs that are lawfully chargeable under the First Amendment to the United States Constitution. If I am required to sign a form to make that change, please provide me with the necessary form.]
Please reply promptly to my request. Any further collection or expenditure of dues or fees from me made without the procedural safeguards required by law will violate my rights under the Federal Civil Rights Act of 1871, 42 U.S. Code § 1983, or if applicable, under the National Labor Relations Act and/or U.S. Constitution.
Sincerely,
[Name]
