If you work primarily in a Right to Work state, except on federal property or for a railway or airline, you have a right to resign from union membership and not pay union dues or
\nfees. Employees who work on federal property may or may not be protected by
\ntheir state’s Right to Work law, depending on specific circumstances. Employees who work for a railway or airline are not protected by Right to Work laws.<\/p>\n
In Pattern Makers Of course, the decision to resign is wholly yours. As a nonmember in a Right If you resign your union membership and revoke your dues check-off authorization, On the other hand, as a nonmember you would not have the right to vote on In a Right to Work state<\/a>, you can resign your union If you have authorized payroll deduction of union dues and you wish to revoke If you decide to resign and revoke your check off authorization, keep copies If your union or employer refuse to allow you to resign, you would be entitled This information is not intended to advocate that you resign from the union
\nv. NLRB<\/em>, 473 U.S. 95 (1985)<\/a>, the United States Supreme Court held
\nthat union members have the right to resign their union membership at any<\/strong>
\ntime. <\/p>\n
\nto Work state<\/a>, you have the right to cut off all payments to the union,
\nand you will not be subject to union rules and internal discipline. For example,
\nnonmembers are not subject to union rules against working during a strike.
\nIf you are a union member, and you work during a strike, the union could potentially
\nfine you and collect that fine in state court. <\/p>\n
\nthe union would have to continue to represent you fairly and without discrimination
\nin all matters subject to collective bargaining, and you could not be denied
\nany benefits under the labor contract with your employer because of nonmembership. <\/p>\n
\nratification of the contract or election of union officers, and there may
\nbe benefits provided under the union’s constitution and bylaws that are not
\navailable to nonmembers. These benefits could include continued participation
\nin a union’s members-only retirement plan. (Your participation in an employer-sponsored
\nor jointly-sponsored pension plan provided as an employee benefit cannot be
\nadversely affected by nonmembership in a union.) <\/p>\n
\nmembership by simply sending your union a written letter stating that you
\nare resigning effective immediately. You should check your union’s constitution
\nand bylaws to see if it has any provision specifying to whom a resignation
\nmust be submitted; such requirements have been upheld by the courts and the
\nNational Labor Relations Board (NLRB). <\/p>\n
\nthat authorization, you should also notify the union and your employer that
\nyou wish to revoke that authorization. The dues check-off authorization form
\nwhich you signed may contain a restriction on the period during which it can
\nbe revoked; whether that restriction is effective after you resign depends
\non the exact language of the form. Even if you resign your membership in a
\nRight to Work state<\/a>, it is possible that you will
\nhave to wait until a designated \u00abwindow period\u00bb arrives in order to revoke
\nthe dues check-off authorization. Carefully check the language of the specific
\ncheck-off authorization that you signed, and contact the Foundation if you
\nhave any questions about its meaning, or your ability to immediately revoke
\nit in a Right to Work state<\/a>. <\/p>\n
\nof your letters for your records. You should send such letters by certified
\nmail, return receipt requested, so that the union and employer cannot claim
\nthat they did not receive them. If your union and\/or employer refuses to honor
\nyour resignation and\/or dues revocation, you should contact the Foundation
\nimmediately if you would like assistance. <\/p>\n
\nto file an unfair labor practice charge against the refusing party(ies) with
\nyour nearest NLRB regional office. However, you should be aware that claims
\nconcerning conduct that occurs more than six months prior to the filing of
\ncharges may be time-barred, so it is important to pursue claims promptly. <\/p>\n
\nor revoke your dues check-off authorization. The intent is simply to explain
\nyour legal rights in this type of situation. <\/p>\n