 | 
05-11-2006, 10:02 AM
| | Junior Member | | Join Date: May 2006 Location: Baltimore
Posts: 5
| | | right from unoin
What is the name of your state? Virginia
The company fired my friend, claiming he was unproductive employee. When my friend requested from the union representing his bargaining unit, he was refused- the union claimed that my frind was not dues-paying members of the union. Was the union right? Why?
Thank you |
05-11-2006, 11:52 AM
| | Senior Member | | Join Date: Jan 2001 Location: Washington state
Posts: 10,762
| | | Was he paying union dues? It would be documented in either a dues stamp book or on his pay stubs.
__________________
If you ask a question you don't want an answer to, expect an answer you don't want to hear.
No private messages, I do not reply to them.
|
05-11-2006, 12:16 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 7,366
| | | Virginia is a right to work state. You do not have to pay union dues nor become a member of a union to obtain or maintain employment.
I do not know if the union is required to represent your friend at all. In some states they are and can be charged for that representation.
I have found nothing supporting this position for Virginia as of yet.
Maybe one of the HR folks will catch on and add some info. |
05-11-2006, 02:01 PM
| | Senior Member | | Join Date: Mar 2005 Location: Texas
Posts: 1,919
| | Quote: |
Originally Posted by justalayman Virginia is a right to work state. You do not have to pay union dues nor become a member of a union to obtain or maintain employment.
I do not know if the union is required to represent your friend at all. In some states they are and can be charged for that representation.
I have found nothing supporting this position for Virginia as of yet.
Maybe one of the HR folks will catch on and add some info. | I believe justalayman to be correct. As far as I am aware, Virgina or any other state that is a right to work state (and even those like Colorado), are not obligated to represent a non-union employee not paying union dues.
__________________
"Sometimes you're the windshield; sometimes you're the bug."
|
05-13-2006, 04:00 AM
| | Senior Member | | Join Date: Oct 2005
Posts: 1,289
| | | Arizona is a right to work state and the union MUST represent you, whether you are a member or not. I don't know if it's the same in other right to work states or not. The easiest way to find out is to call the National Labor Relations Board. Look in the blue pages or just Google NLRB and it will take you right to the web site.
__________________
It's not paranoia if someone REALLY IS following you around.  |
05-13-2006, 09:00 AM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 7,366
| | Quote: |
Originally Posted by gawm Arizona is a right to work state and the union MUST represent you, whether you are a member or not. I don't know if it's the same in other right to work states or not. The easiest way to find out is to call the National Labor Relations Board. Look in the blue pages or just Google NLRB and it will take you right to the web site. | but can they charge for this representation. All that I could find concrning this led me to believe this was allowable. |
05-13-2006, 11:35 AM
| | Senior Member | | Join Date: Oct 2005
Posts: 1,289
| | Quote: |
Originally Posted by justalayman but can they charge for this representation. All that I could find concrning this led me to believe this was allowable. | No they cannot charge for this kind of representation. They must represent EVERYONE who falls under the collective bargaining agreement whether they are a paying union member or not.
__________________
It's not paranoia if someone REALLY IS following you around.
Last edited by gawm; 05-13-2006 at 11:39 AM.
|
05-13-2006, 12:10 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 7,366
| | That has been my understanding to a point as well. It seems to be supported by this website:
[url]http://www.ufcw.org/issues_and_actions/state_working_america/rtwlaws.cfm[/url]
It is clear the federal laws do allow the employee to be charged for services rendered. I have seen nothing in any states I have researched so far concerning this point though.
I did find this on a website: Quote:
[url]http://employeeissues.com/right_to_work.htm[/url]
Even if workers choose not to join unions, their rights still entitle them to the same union representation as that received by union members in the same bargaining units. But, under the NLRA and through union-security agreements (or clauses in collective bargaining agreements), nonmembers might have to pay dues for their share of union representation, if state right to work laws don't make it illegal. The dues that nonmembers pay for this purpose are sometimes referred to as agency fees.
|
and this: Quote:
[url]http://www.nrtw.org/a/a_1_p.htm[/url]
The Supreme Court, in Communications Workers v. Beck, 487 U.S. 735 (1988), a lawsuit that was supported by the Foundation, ruled that objecting nonmembers cannot be required to pay union dues. The most that nonmembers can be required to pay is an agency fee that equals their share of what the union can prove is its costs of collective bargaining, contract administration, and grievance adjustment with their employer.
Except in extraordinary cases, the union's costs of collective bargaining, contract administration, and grievance adjustment do not equal the dues amount.
| and understand that the second quote is from the Nat'l Right to Work Organization (read: anti-union)
Last edited by justalayman; 05-13-2006 at 12:13 PM.
| |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
|
