Union Dues (maintenance Fees)

[tennesseeflyboy]

What is the name of your state? TENNESSEE****************************.....
I am currently a NON MEMBER of a large national Union. I originally was paying my dues by DUES CHECKOFF process (automatic deduction by employer). About two years ago, I decided not to use this process and elected to use monthly invoice process. A long time went by, I did not receive invoices either by mail or electronically, so I then decided to contact the Union National Office and get this sorted out and paid it up. Again, after some time going by, I have not received any invoices to date !!! I am now getting phone calls from the Local Union Shop and I am sure they want to collect the monies but I have no invoice !!! I have still not received any communication from the Union National Offices.
I am currently a non-member and was placed in this status by the Union National when I notified them that I had not received any invoices from the first time around, but I did in fact pay the amount due once they arrived at a figure and e-mailed it to me. Then I was placed into EXPELLED status and once they received the monies, I was placed into NON MEMBER status and given a form to fill out and re-apply to become a Union Member !!!
I want to also make clear, that by our current Collective Bargaining Agreement, there were other NON MEMBERS on the rolls that had not paid one penney to the Union, and they were allowed to remain as NON MEMBERS and NOT required to pay any maintenance fees (dues) because I was told the Company was afraid of being sued over the matter of making them pay, even though they were NON MEMBERS. Now here I am, a NON MEMBER, being told that I have to PAY the maintenance fees (dues) or possibly be terminated from my employement, all of which was agreed to by the Company and the Union in a side letter, when the CBA was ratified, and no one knew about this dirty little deal until after the CBA had become ratified. In fact, during the DOG and PONY SHOW, the Union Local was bragging about how everyone was going to be required to pay the maintenance fees (dues) because the Company had agreed to a AGENCY SHOP Rules, which the Union wanted very badly. I live in a RIGHT TO WORK STATE. Do I have any recourse in this matter or do I have to do as the Union is demanding of me ???
Do I have any recourse against the Union or the Company or BOTH ???
Thank You for listening **********************************************************************...What is the name of your state?What is the name of your state?

[justalayman]

sorry but through all that, I didn't see what the union is demanding of you.

since Tennesse is a right to work state, I'm not sure what they are after or what you are concerned about.

State law does not require you to be a union member nor pay union dues or more correctly, state law allows you to not be a menber nor pay dues and they cannot fire you because of it.

[tennesseeflyboy]

OK, I will have to take this matter to Labor Attorney ********************************************************

Thank You

[tennesseeflyboy]

Talked to Labor Attorney **********************************************************************... Service FEES (DUES) are collectible on demand from the Union because of a side letter of agreement between the Union and the Company ********************************************************..... So, what happened here is that the Non Union Members that existed prior to the Collective Bargaining Agreement being signed, DO NOT HAVE TO PAY A SERVICE FEE (DUES) AND ARE NOT REQUIRED TO JOIN THE UNION !!!
PLUS ******************************************..... anyone that became a NON MEMBER AFTER THE CBA was signed into law, is now required to pay the SERVICE FEES (DUES) ********************************************************....
Great way to get AGENCY SHOP into your Contract !!! The Company got the work rules continued as they wanted them, the Union got the Agency Shop agreement from the Company **************************************************************************************************** ************ the Non Members prior to the CBA are still NON MEMBERS AND NOT PAYING ANYTHING BUT ALSO GETTING REPRESENTATION.

Dazed in Tennessee

[justalayman]

well, unless Tenn laws have changed, they cannot make such a contract and enforce it.

50-1-203. Exclusion from employment for payment of or failure to pay union or employee organization dues. —

It is unlawful for any person, firm, corporation or association of any kind to exclude from employment any person by reason of such person's payment of or failure to pay dues, fees, assessments or other charges to any labor union or employee organization of any kind.

[Acts 1947, ch. 36, § 3; C. Supp. 1950, § 11366.4 (Williams, § 11412.10); T.C.A. (orig. ed.), § 50-210.]

50-1-201. Denial of employment because of affiliation or nonaffiliation with labor union or employee organization. —

It is unlawful for any person, firm, corporation or association of any kind to deny or attempt to deny employment to any person by reason of such person's membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind.

[Acts 1947, ch. 36, § 1; C. Supp. 1950, § 11366.2 (Williams, § 11412.8); T.C.A. (orig. ed.), § 50-208.]

50-1-202. Contracting for exclusion from employment because of affiliation or nonaffiliation with labor union or employee organization. —

It is unlawful for any person, firm, corporation or association of any kind to enter into any contract, combination or agreement, written or oral, providing for exclusion from employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind.

[Acts 1947, ch. 36, § 2; C. Supp. 1950, § 11366.3 (Williams, § 11412.9); T.C.A. (orig. ed.), § 50-209.]

50-1-204. Penalty. —

(a) Any person, firm, corporation or association of any kind violating any of the provisions of this part commits a Class A misdemeanor.

(b) Each day that any person, firm, corporation or association of any kind remains in violation of any of the provisions of this part is deemed to be a separate and distinct offense, punishable in accordance with the provisions of this section.

[Acts 1947, ch. 36, § 5; C. Supp. 1950, § 11366.6 (Williams, § 11412.12); T.C.A. (orig. ed.), § 50-212; Acts 1989, ch. 591, § 111.]

Not only does the law state they cannot do what you are claiming they are, it is a criminal offense to do what they are doing.

I do not see any references to other statutes and I do not see any exceptions to these laws.

Unless there are other laws that modify these laws, I do not see how they can do what you state they are doing.

You might try contacting your states attorneys general office.

Oh, and please do not do all the periods. They come across as asterisks and make reading your post very difficult.

Thanks.