Withdrawing from union, can I stop the fees?

[gmcgann]

What is the name of your state (only U.S. law)? North Carolina

I work in a very specialized industry with (now) less than 1000 people nationwide. Several years ago we were taken over by a large corporation who knew nothing about our job. The results have been nothing short of disastrous. The problem now is that the workforce has become divided into two camps. The first is a group of around 10 facilities with 50 people or less. Most of these people have 20+ year of experience. The second group are three new "hubs" with 150 or more employees each, most with less than 3 years experience and who never worked for the previous owner.

A major union attempted to organize us, and on the second attempt the union was voted in by 1 vote, with the yes/no votes split almost entirely between "legacy" facilities (voting yes) and the new hubs (voting no.) Our main concern was job security, since the company plans to close almost all the legacy sites and lay everyone off. (When they took us over we had 58 sites, now down to 10.)

After the vote the union assured us that job protection was a key issue. Our concern was that we were slightly outnumbered by the new employees but the union promised us that they would not allow the hubs to dictate to the rest of the facilities.

So now we have a contract - and the union threw us under the bus. No job protection. No bump rights. No seniority. Pay guarantees for the hubs, but the company may slash the pay at the legacy sites at will. One of the bargaining reps said the union knew they couldn't stop the company from closing the legacy sites and laying off all the long term employees, so they wanted to curry favor with the new hires to boost long term membership.

Obviously, virtually everyone at the legacy sites wants to withdraw from the union and stop paying dues. Actually, we don't want to start paying, since the union said they wouldn't start charging us until we had a contract. Dues are scheduled to start being withheld in September. Every site including mine (North Carolina) is in a right to work state, so we can resign anytime we want. My question is if we can stop the dues withholding, or must that continue through the rest of the year and stop on our anniversary join date?

I'm not talking about representational fees, which appear to be prohibited in NC:
§ 95.82. Payment of dues as condition of employment prohibited.
No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of any kind to any labor union or labor organization.

It appears that no one here could be forced to join or pay any fee whatsoever. My case is different - I voluntarily joined the union, and now I want to resign over what I feel is fraud and bad faith bargaining.

Thanks.

[Erudition]

The main concern I would have is that you probably signed a piece of paper allowing the union to have these dues witheld out of your check. The paper probably says something like you authorize the union to withold these dues unless you state otherwise in writing, and even so they may withold these dues for 12 months afterwords. You'll need to know what you signed when you joined.

Also, withdrawl cards are for people who are laid off or terminated from employment. They allow a member to leave a union in good standing so that they can rejoin at a later date without having accumulated a bunch of back dues. It's like telling the union that you aren't working and can't pay, but when you can pay - you'll resume membership. Most unions will drop you for "non-payment of dues" after a certain time period.
For example, a friend of mine was off work due to a hip replacement, he took a withdrawl card from his hall. The withdrawl card cost him $50. When he returned to work, he had to pay $184 to come back. I don't know if he had to pay to come back (reinitiation fee) or if that was his first months dues, I just know he was confused about why he got the withdrawl card in the first place.

[JennK2009]

I don't think an honorary withdrawal card is appropriate here.

It's late and I'm tired, but let me look into an "agency fee pay" something. You pay your dues, but you can request reimbursement at the end of the year.

(I absolutely hate it when unions favor membership numbers over actual representation. That is not what we should be about.)

[gmcgann]

Thanks. I'm trying to find a copy of the membership application I signed to see what it says.

[JennK2009]

Originally Posted by Erudition

The main concern I would have is that you probably signed a piece of paper allowing the union to have these dues witheld out of your check. The paper probably says something like you authorize the union to withold these dues unless you state otherwise in writing, and even so they may withold these dues for 12 months afterwords. You'll need to know what you signed when you joined.

This is the important part. Keep diligent notes.

[JennK2009]

It's the company that withholds your dues, not the union.

This may be important later on. Hopefully, you won't get there...

[JennK2009]

I called my buddy and of course, we talked about our local business stuff, and I completely forgot to ask about your question.

I'll call her again tomorrow and will hopefully have a better answer for you then.

[JennK2009]

North Carolina is a right to work state, so you do not have to pay dues, and the union must still represent you. Obviously, they will not go to any great lengths to do so.

Also, if you don't pay dues, you are not a member of the union, so you have no "voice." You cannot go to meetings, you cannot vote on any changes of any sort (union business or your contract).

It may be worth it to stick around and go to meetings and maintain your right to vote on whatever issues that come up. You (legacy workers) need to stick together, and be sure your company is not aware of the lack of moral.

Unfortunately, you already are under a new contract and there is little you can do, but get ready for the next one. Offer your services to be a steward and definitely get on the next negotiating committee. Good luck.

[gmcgann]

Originally Posted by JennK2009

North Carolina is a right to work state, so you do not have to pay dues, and the union must still represent you. Obviously, they will not go to any great lengths to do so.

There isn't much to represent me for - the contract is silent on working conditions. There is virtually nothing that can be done at the facility level that is a violation of the contract.

It may be worth it to stick around and go to meetings and maintain your right to vote on whatever issues that come up. You (legacy workers) need to stick together, and be sure your company is not aware of the lack of moral.

There are no issues that can come up - the contract is silent on everything but layoff policies and grievance procedures. Us legacy workers cannot stick together because the company plans to lay us off within 12 months and we have no bump rights. The vast majority of those who voted this union in will be out of a job by Christmas.

Unfortunately, you already are under a new contract and there is little you can do, but get ready for the next one. Offer your services to be a steward and definitely get on the next negotiating committee. Good luck.

70% of us will be gone before the contract is up. That's why the union sacrificed our jobs and gave everything t5o the new employees at the hubs - why waste time on us? They'll take our duies until we get laid off and then move on.

The problem is that we joined the union. We can withdraw, but it looks like we still have to pay dues for a year. It would cost us more than that to file a lawsuit to try to stop the fees unless ther eis something we are overlooking.

[JennK2009]

Okay, that sucks. This raises my anti-union hackles up.

I have a couple of ideas, but give me a day or two before I offer any other suggestions. In the meantime, find out everything you can about your union. Membership numbers, history, mission statement, constitution, and local bylaws, etc.

I'm thinking you deserve a really FAT severance package, or (give me a day or two).

How large is your union? Is it International, State or Nation wide?

[justalayman]

North Carolina statute:

§ 95-80. Membership in labor organization as condition of employment prohibited.

No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer. (Enacted March 18, 1947.)

a contract mandating a prescribed period of enrollment would be in contrast to the law cited above.

[Tallrat]

You don't have a "Fair Share" clause do you? Union I am in you can with drawl from the union but Share Fair is 90% of Union Dues.

[gmcgann]

Originally Posted by justalayman

North Carolina statute:



a contract mandating a prescribed period of enrollment would be in contrast to the law cited above.

Interesting, if true. I know it means you can't be forced to join, but does it mean they can't limit your withdrawal to a specific period?

[gmcgann]

Originally Posted by Tallrat

You don't have a "Fair Share" clause do you? Union I am in you can with drawl from the union but Share Fair is 90% of Union Dues.

I would still have to pay agency fees if I withdraw, although I can't be forced to pay if I don't join. The sticky point here is that I did join, although I joined because the union organizer gave me a specific promise that the union reneged on.

[justalayman]

or remain a member of any labor union

but does it mean they can't limit your withdrawal to a specific period?

well, the plain language of the law states that they cannot force you to remain a member of any labor union.