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  1. #1
    zook750 Guest

    getting out of union

    What is the name of your state?TN I want to get out of our union but it is a complicated process that no one tells you about, and i get conflicting answers.Its something like 75 days -15 days or something like that .From your anniversery date is the only time they say you can get out. Does anyone know the process? My anniversery date is Jan.13,2000.
    Last edited by zook750; 10-14-2004 at 09:33 AM. Reason: add dates
  2. #2
    Beth3 is offline Senior Member
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    Whether you can get out of the union depends on whether you're working in "closed shop" or an "open shop." In a closed shop, all individuals that are in jobs that comprise the bargaining unit must be a dues paying member. If so, that will be stated in the CBA and will be a condition of employment with the company. Even if you resign the union, they'll still take union dues from your check.

    For more information, see [url]www.nlrb.gov[/url].
  3. #3
    zook750 Guest
    I know that you can get out and they stop taking dues,but the union still have to represent you(even though they didn't in the first place,thats why I'm getting out) But there is a window were you have to submit letter to get out thats only 15 days .
  4. #4
    Beth3 is offline Senior Member
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    Ya got me. That's why I posted the NLRB's web site.
  5. #5
    John/nyc is offline Member
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    Quote Originally Posted by zook750
    I know that you can get out and they stop taking dues,but the union still have to represent you(even though they didn't in the first place,thats why I'm getting out) But there is a window were you have to submit letter to get out thats only 15 days .
    "Closed" shops are against federal law. They existed in the early days of the union movement. Under a "closed" shop proviso workers had to join the union before seeking employment.

    "Opened" shops take 2 forms: the "Agency" shop or the "Free Rider" shop.
    Federal law obligates the union to represent an employee at a job (where the majority of the employees have opted for union representation) whether that employee joins the union or not. All employees on that job get the negotiated raises and fringe benefits (and access to the grievence procedure) whether they join the union or do not join. In the "agency" shop the logic is that since the union has a duty to represent all the employees, then those who do not wish to be members must nonetheless pay the dues since the union must represent this non-member anyway. The "Free Rider" shop is one in which the union must still represent the employee but the State law disallows collection of the fees entitled to any agent. The union is obligated, in any case, to do its utmost to represent the employees of the company.

    The employee in a union represented shop must accept that union representation by federal law. That obligation to accept union representation was created by his/her fellow employees when they voted for the union. Its a case of majority rules.

    Tenn. is one of those states that allow for free riders. The union will still have to represent you as diligently as they represent those that are their members. You have a right to quit the union and consequently to not pay dues.

    The law is mixed as to how and when you may do this. You may inform the union of your desire to quit the union between 65 and 75 days before the expiration of the current contract OR the anniversery date that you signed the form authorizing the company to deduct union dues from your pay. However, in the later case, alot depends on how the authorization form was worded. There may also be contractual language or union-constitutional language that changes the time period (65 to 75 days).

    Go down to the union hall and ask what these time periods are and that they be given to you in writing. If you get no satisfaction then submit your request in writing by registered mail (return receipt requested). If you still get no satisfaction, then go to the local office of the Dept.of Labor.


    May I ask what the original problem was?
  6. #6
    TCB4U2B2B is offline Member
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    The terms and methods for withrawing from a union should be clearly stated in the union contract book. Get one and read the section which applies.

    Withdrawing from the union may still allow a claim to be made once you are in need of defense against the company but will not be looked upon as well.

    Which leaves one to suspect the prior claim that you feel did not go in your favor or was not taken up by the union, was in the unions opinion not valid enough to do so or it more than likely would have been.

    The often misconception made is unions are there to protect individual employees, even if the employee cannot prove their case. Such is not so. Unions are there to protect the masses from the company, bargain on the behalf of members with the company and defend members when a case, issue or matter violates any agreement.

    If said employee cannot prove or provide evidence of innocence to a claim made against them or an employee is not clearly innocent of charges against them, etc. unions may elect to not defend members.

    Union reps, many of them at least, will not file on a members behalf, than attempt to defend member, when the chances are stacked against winning a claim or fair settlement. Makes reps appear poorly to management and does not reflect well on the union.

    Not enough facts noted in your question as to why you are electing to opt out of the union. Worse yet, expect to be represented without paying dues for any services provided other than you being represented for some unmentioned calim made against you to which the union is unwilling to take up on your behalf.

    Case Dismissed.
    Regards and Good Luck.
    TCB4U2B2B
  7. #7
    Iceman1800 Guest
    Quote Originally Posted by John/nyc
    "Closed" shops are against federal law. They existed in the early days of the union movement. Under a "closed" shop proviso workers had to join the union before seeking employment.
    In Michigan, you must join the UAW if you want to work for any of the big three. No other options.
  8. #8
    John/nyc is offline Member
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    29 USC 158(a)(3)
  9. #9
    Iceman1800 Guest
    If you work for the big three in Michigan, you must belong to the UAW, not an optional thing.
  10. #10
    Rae43 is offline Junior Member
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    Exclamation

    Michigan-

    Nothing is more low and dirty than a person who is selfish and wants representation for free. Companies love it when members quit the union that way the Company knows who is in and who is out. Common sense says if you have 100% membership then you are going to get a good contract. If only 60 or 70% stand united your contract will not be as good and the Non Union workers will ignorantly stand back and Complain about it even though they did nothing to help make it better. THE UNION IS THE MEMBERSHIP
  11. #11
    cbg
    cbg is offline Senior Member
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    Sorry, I must have missed the part where any of the posters indicated they wanted the union to represent them when they were not a part of it.

    Rae, clearly you are pro-union. That's fine and it's your right. But a concept you really need to grasp is that not everyone is; that they may have perfectly legitimate reasons why not; and they have as much right NOT to belong to a union as you have to belong to one. Just because it will make things better for YOU if you get a 100% membership, doesn't mean that everyone is going to be happy and supportive of getting YOU a better contract.
  12. #12
    rachelsfx is offline Member
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    Unions are crap

    I belonged to one. If an open-shop state, send a registered letter to your Local resigning. If they refuse, which they probably will until the "anniversary date," file a NLRB complaint with a copy of your registered letter. You can quit anytime you want regardless of what the "union" says. The NLRB will defintely back you on that one. Just download the form, make 3 copies, and send it to the NLRB, the Union Local, and keep your copy. Do it quick! After six months, no recourse with NLRB.

    Oh, and they have to represent you regardless of membership. If they don't, that is an NLRB violation and, guess what, you can then sue them over it! If they settle a case without your approval, that is also an NLRB violation and you can sue them over that too!

    Blue collar Unions USED to be a good idea (some still are but rare). In my personal view, most are a bunch of idiots (was a Union Steward by the way and better than almost everyone in the union) that think companies are stupid when it comes to unions (and are just in it to get paid for doing almost nothing). Companies aren't. Most popular unions nowadays are professional unions.

    The contract is a contract with you. Think of it that way. Read it, know it, and file a grievance if the company violates it. If they disagree, ask the idiot from the company, "where in the contract are your getting that idea?" then cite your contract language.

    The EEOC is far more effective than the union. Union Steward training is pretty much a joke. Even the company thinks most grievances are a joke and treat them as such.

    I don't hate unions just had a lot of problems with their incompetence, selling us out for retiree benes, etc.
  13. #13
    cbg
    cbg is offline Senior Member
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    they have to represent you regardless of membership. If they don't, that is an NLRB violation

    Granted. My point was that I hadn't seen any signs that any of the posters were specifically looking to have union representation while not being a part of it themselves, which is what Rae was accusing them of.

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