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Know Your Rights

Information for Employees

The National Right to Work Legal Defense Foundation is a non-profit organization providing free legal aid to thousands of employees nationwide whose human and civil rights have been violated by compulsory unionism abuses.

About Your Legal Rights

Your Right to Work Rights – In Three Minutes

We know you are busy. If you don’t have time to read through all of the legal information on this site right now, here are the highlights. However, if your job is on the line, be sure to take the time to read the full details about your problem on our web site – or contact us for legal aid!

To learn more about your legal rights, please select the category of employment to which you belong:

NOTICE: This web site is intended to provide general information and is not intended to offer legal advice about specific situations or problems. There is no intention to create an attorney-client relationship by offering this information, and anyone’s review of the information shall not be deemed to create such a relationship. You should contact us if you have a legal matter requiring attention that you believe comes within the scope of our charitable legal aid program. Nothing on this site creates an express or implied contract. Moreover, the results of cases depend upon a variety of factors unique to each matter. Past successes in Foundation-supported cases do not predict or guarantee future success.

Support

How Can I Help?

The Wall Street Journal reports that when some members of Congress refer to "the President," they mean AFL-CIO chieftain John Sweeney.

In the last election cycle, Sweeney and other union bosses spent 800 million dollars, mobilized an army of 100,000 union activists for full-time political work, and threw millions of dollars into TV and radio attack ads.

And almost every single penny went to support far-left, Big Government candidates who can be counted on to bow to union boss demands -- on the full range of political issues -- throughout their terms of office.

That's why it's vital that we redouble our efforts to threaten the forced-dues cash that union bosses pump into their economy-wrecking agenda of workplace compulsion, unproductive work rules, higher taxes, and wasteful government spending.

Please make a tax-deductible contribution now. No other group is battling nationwide in the courts to cut off the source of Big Labor's illegally amassed political power.

Blocking Big Labor's Power Grabs

Precedent-setting court victories are just part of the Foundation's total strategy. We're also defending individual workers who would be crushed by the union bosses without the Foundation's free legal aid.

We're defending teachers like Cindy Omlin and Barb Amidon, who were subjected to a harassing lawsuit for daring to criticize the nation's largest teacher union; or Rod Carter, beaten and stabbed with an ice pick by union toughs for the "crime" of continuing to do his job during the violent UPS strike.

And we're defending employees of religious faith like Fredric Jones, who won the right to pay his dues money to a charity instead of a labor union in spite of vicious attempts by union bosses to smear and harass him.

 

All Contributions are Tax Deductible

Only the Foundation is standing in their way with a proven, focused strategy to deprive Big Labor of millions of dollars in illegally collected forced dues.

No force is inflicting more damage on our economy, citizenry, and cherished democracy than the union bosses. But it's a tough fight when you're up against an entrenched $10 billion-dollar-a-year monster.

Without you, we dare not go forward.

That's why we hope we can count on you to make a tax-deductible contribution to the Foundation to help us prepare for the difficult battles ahead.


MC

The National Right to Work Legal Defense Foundation accepts credit card donations directly through its web site. The online donation process is fast, easy, and provides state-of-the-art transaction security.

  • The National Right to Work Legal Defense and Education Foundation, Inc. is a charitable organization. It operates solely through the generous support of concerned Americans dedicated to the protection of all employees from abuses of compulsory unionism.

  • All contributions to the National Right to Work Legal Defense and Education Foundation, Inc. are tax deductible.

  • Individuals, corporations, companies, associations, and foundations are all eligible to support the work of the Foundation through tax-deductible gifts.

  • The Foundation is a publicly-supported charity granted tax-exemption under Section 501(c)(3) of the Internal Revenue Code.

  • The Foundation has background material available to substantiate the tax deductibility of your contribution.

  • Another gift option to the Foundation can be appreciated stocks or securities. Contact Ginny Smith at (800) 336-3600 Ext. 3303 for more information, or to inform us if you intend to electronically transfer stock.

  • If you would like to contribute offline to the Foundation's efforts to combat compulsory unionism by check, money order, or credit card, please click here for a mail-in form.

Click here to learn about the many advantages of planned giving and estate planning strategies.


Authors

Mark Mix is President of the National Right to Work Legal Defense Foundation and National Right to Work Committee.

 

 

 

 

Stefan Gleason is Vice President of the National Right to Work Legal Defense Foundation. He is editor-in-chief of Freedom @ Work.

 

 

 

 

Patrick Semmens is Legal Information Director for the National Right to Work Legal Defense Foundation.

Will Collins is Deputy Legal Information Director for the National Right to Work Legal Defense Foundation.

Nick Cote is Deputy Legal Information Director for the National Right to Work Legal Defense Foundation.

Anthony Riedel is Deputy Legal Information Director for the National Right to Work Legal Defense Foundation.

 

Do I live in a Right to Work state?

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Can I be required to be a union member or pay dues to a union?

All employees of the Federal Government, including Postal Service employees, by law are guaranteed the right to refrain from union membership. See 5 U.S.C. § 7102 (federal employees generally); 39 U.S.C. § 1209(c) (postal employees). (U.S.C. stands for "United States Code.") That means that you cannot be required to remain a member or pay dues or fees to your union, no matter where you work.

Employees of the Federal Government by law are also guaranteed the right to refrain from assisting a union. See 5 U.S.C. § 7102 (federal employees generally); 39 U.S.C. § 1209(c) (postal employees). This means that you cannot be required to pay dues or fees to the union unless you have voluntarily joined the union.

If you are not a member, you are still fully covered by the collective bargaining agreement that was negotiated between your employer and the union, and the union is obligated to represent you. Any benefits that are provided to you by your employer pursuant to the collective bargaining agreement (e.g., wages, seniority, vacations, pensions, health insurance) are not affected by your nonmembership. (If the union offers some "members-only" benefits, you might be excluded from receiving those.)

If you are not a member, you may not be able to participate in union elections or meetings, vote in collective bargaining ratification elections, or participate in other "internal" union activities. However, you cannot be disciplined by the union for anything you do while not a member.

If you are currently a union member, you have the right to resign. If you have authorized payroll deduction of your dues, you would also have to notify your employer that you wish to revoke that authorization. If you signed the authorization less than a year ago, or if it renews automatically each year, revocation may not be effective until the end of the current authorization year. It is advisable to obtain a copy of your payroll authorization and review it.

How can I resign my union membership?

Employees of the federal government by law are guaranteed the right to refrain from joining or assisting a union. See 5 U.S.C. § 7102 (federal employees generally); 39 U.S.C. § 1209(c) (postal employees). (U.S.C. stands for "United States Code.") This means that you have the right to resign from union membership, and stop paying dues.

The decision to resign or not is wholly yours. As a nonmember you would not be subject to union rules and discipline. The union would have to continue to represent you fairly and without discrimination in all matters subject to collective bargaining, contract administration, and grievance adjustment, and you could not be denied any benefits under the labor contract with your employer because of nonmembership. On the other hand, you would not have the right to vote on ratification of the contract or election of union officers, and there may be benefits provided under the union's constitution that are not available to nonmembers.

You can resign by simply submitting to your union a written letter stating that you are doing so. If you have authorized payroll deduction of your dues, you would also have to notify your employer that you wish to revoke that authorization. If you signed the authorization less than a year ago, or if it renews automatically each year, revocation may not be effective until the end of the current authorization year. It is advisable to obtain a copy of your payroll authorization and review it.

If you decide to resign, and your union or employer refuses to honor
your resignation, you would be entitled to file unfair labor practice charges against them with the Federal Labor Relations Authority (federal employees generally) or the National Labor Relations Board (postal employees only). However, you should be aware that claims concerning conduct that occurs more than six months prior to the filing of charges may be time barred, so it is important to pursue claims promptly.

Click here if you would like to see a sample resignation letter.


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 National Right to Work Legal Defense and Education Foundation, Inc.
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