In Pattern
Makers v. NLRB, 473 U.S. 95 (1985), the United States Supreme Court
held that union members have the right to resign their union membership
at any time. Although Pattern Makers was a case arising under the
National Labor
Relations Act, which does not cover railway or airline industry employees,
several lower courts have applied the same rule under the Railway
Labor Act (which does cover railway and airline industry employees)
in cases supported by the Foundation. It is the best legal judgment of Foundation
attorneys that the Supreme Court would reach the same conclusion as these
lower courts that unions under the Railway Labor Act cannot limit the right
of nonmembers to resign at any time.

There is no question that you have the right to resign. In Ellis
v. BRAC, 466 U.S. 435 (1984), a lawsuit that was supported by the
Foundation, the United States Supreme Court held that nonmembers in the
railway industry cannot be required to join the union or pay union
fees equal to union dues. The most that they can be required to pay is a
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.

The decision to resign or not is wholly yours. As a nonmember you not only
have the right to limit your union fees to your share of the costs of collective
bargaining, contract administration, and grievance adjustment, but also
you would not be subject to union rules and discipline. For example, nonmembers
are not subject to union rules against working during a strike. If you are
a union member, and you work during a strike, the union could potentially
fine you and collect that fine in state court.

If you resign, the union would have to continue to represent you fairly
and without discrimination in all matters subject to collective bargaining,
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 and bylaws that are not available
to nonmembers (however, a nonmember cannot be charged a share of the costs
of member-only benefits). These benefits could include continued participation
in a union’s members-only retirement plan. Your participation in an employer-sponsored
or jointly sponsored pension plan provided as an employee benefit cannot
be adversely affected by nonmembership in a union.

You can resign by simply sending your union a written letter stating that
you are resigning effective immediately. Similarly, you can assert your
right not to pay for the union’s political activities by notifying it in
writing that you object to use of your dues for purposes other than collective
bargaining and contract administration. The union may assert that resignations
can be submitted only during a specified time period. That, Foundation attorneys
believe, is untrue, because such limitations on the right to resign were
held unlawful in Pattern Makers.

You should check your union’s constitution and bylaws to see if it has
any provision specifying to whom a resignation must be submitted. You should
also check with the union to see if it has a policy concerning when and
to whom Ellis objections (objections to the amount of the union fees)
should be submitted. For links to union objection policies on the the Internet,
click here.

If you have authorized payroll deduction of full dues, you might also have
to notify your employer that you wish to authorize only the deduction of
the portion of dues that is lawfully chargeable under Ellis. Notifying
your employer of your change to Ellis-objector status should be construed
as simply a change in the authorized amount of the deduction and be accepted
by your employer, for immediate implementation, assuming you have also notified
the union.

If you decide to resign and object, keep copies for your records of both
your resignation and your objection letter. You should send both by certified
mail, return receipt requested, so that the union cannot claim that it did
not receive them. If your union and/or employer refuse to honor your resignation
and/or objection, you should contact the Foundation immediately if you would
like assistance.

Although you may wish to include in your objection letter the line that
says your objection is continuing and permanent, some unions will not honor
this and will make you annually renew your objections. The courts have issued
inconsistent decisions on this point.

This information is not intended to advocate that you resign from the union
and object to the amount of union fees. The intent is simply to explain
your legal rights in this type of situation.

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