In many states, strikes by public employees are illegal. If that is true
\nin your state, then you may have to work during a strike to avoid possible
\npenalties for violating the law. <\/p>\n
If you want to work during a legal strike, you must be certain that
\nyou are not a union member if you wish to avoid union discipline. Many
\ncourts have held that unions have the power to discipline their members.
\nThis discipline can include imposing a significant fine upon and then suing
\nyou to enforce the payment of the fine. If you wish to avoid consequences
\nlike that, you cannot remain a member of the union and cross the picket
\nline. If the strike is illegal, however, it is likely that the courts would
\nrule that the union cannot lawfully fine members who obey the law and work.<\/p>\n
A series of questions and answers about a strike that apply to almost
\nevery public sector employee follow. <\/p>\n
Should you work during the strike? <\/strong>That is a personal decision Can the union fine you if you work during the strike?<\/strong> Probably, Should you resign from membership if you work during the strike?<\/strong><\/p>\n Yes, if public employee strikes are legal in your state. Nonmembers are Can the union constitution prohibit you from resigning during the What about the collective bargaining agreement? Doesn’t it require If you worked during the strike before <\/I>resigning, does resignation If you resign, what rights will you lose?<\/strong> You will not lose any If you resign, can you rejoin the union after the strike is over?<\/strong><\/p>\n This depends upon the union and its constitution and bylaws. The union
\nand none of the Foundation’s business. Whether you have a right to strike
\nas well as a right not to strike depends on the law in your state. If the
\nemployer continues to operate during the strike, you need to decide what
\nto do based on your own needs and the law. Don’t let anyone coerce you
\none way or the other. <\/p>\n
\nif public employees can lawfully strike in your state, and you do not resign
\nfrom membership before going back to work. As a union member, you are bound
\nby the union’s constitution and bylaws, which in most unions provide that
\nmembers who work during a lawfully-called strike can be fined. However,
\nit is likely that the courts will not enforce the union’s constitution
\nand bylaws if public employee strikes are illegal in your state. <\/p>\n
\nnot subject to a union’s constitution and bylaws and cannot be fined or
\notherwise disciplined for working during a strike. If you have not yet
\ncrossed the picket line and wish to avoid all fines, do not cross the picket
\nline until after the union receives your resignation. Once the union is
\non notice that you have resigned, it cannot lawfully impose any form of
\ndiscipline on you for anything you do after you resigned. That does not
\nmean that someone might not try to bring internal union charges against
\nyou for post-resignation conduct; it does mean that the union’s attempts
\nto fine you will be unsuccessful. If public employee strikes are illegal
\nin your state, you probably do not have to resign to avoid union fines
\nfor working, but resignation would make it certain that you could not lawfully
\nbe fined. <\/p>\n
\nstrike?<\/strong> No. A decision of the Supreme Court in Abood
\nv. Detroit Board of Education<\/I>, 431 U.S. 209 (1977)<\/A>, a Foundation-supported
\nlawsuit, makes clear that you cannot constitutionally be prevented from
\nresigning from your union. Some states, but not all, also have statutes
\nthat guarantee public employees the right to resign. <\/p>\n
\nyou to be a member to keep your job?<\/strong> No. Under Abood<\/I>, you do
\nnot have to be an actual member to keep your job, regardless of what the
\ncollective bargaining agreement between your employer and your union says.
\nYou need only pay the amount of the union’s dues or, if you notify the
\nunion that you object to use of your money for other purposes, that portion
\nof the dues that is used for collective bargaining and contract administration.
\nIn right to Work States, and a few other states, any agreement requiring
\nyou to join or pay money to a union is illegal. Click
\nhere<\/A> to see a list of the Right to Work states. <\/p>\n
\nprotect you from all fines?<\/strong> Not where public employee strikes are legal.
\nIn those states, the union can fine a nonmember for pre<\/I>-resignation
\nconduct, but not for anything done after it receives a resignation. Fines
\nusually are based on the number of days that a member works during a strike.
\nThe courts generally hold that a fine cannot be excessive. What is excessive
\nis open to question, but you would have a good argument that the fines
\nare excessive if they exceed the amount earned during the period before
\nyou resigned. If public employee strikes are illegal in your state, you
\nprobably cannot lawfully be fined for working even before you resign. <\/p>\n
\nrights under the collective bargaining agreement, for example, seniority.
\nThe union must represent you fairly in bargaining and grievance handling
\nwhether you are a member or not. You will lose any rights under the union’s
\nconstitution which are available only to members, such as voting in union
\nelections, and may lose the right to vote on ratification of the collective
\nbargaining agreement. You may also lose your right to continue in any union
\npension plans that are based on membership in the union rather than service
\nwith your employer as an employee benefit. <\/p>\n
\nis not required by law to permit you to rejoin. Quite often unions refuse
\nto permit so-called strikebreakers to rejoin. We are aware of situations
\nwhere unions have required strikebreakers to pay large fines to rejoin.
\nYou should assume that, if you resign and cross the picket line, you will
\nnot be allowed to rejoin the union. However, if you do not rejoin, the
\nunion still must continue to represent you fairly in collective bargaining
\nand contract administration, and you will have the same rights as members
\nunder the collective bargaining agreement. <\/p>\n