{"id":1977,"date":"2008-02-06T00:00:00","date_gmt":"2008-02-06T05:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"-0001-11-30T04:00:00","slug":"how-can-i-resign-my-union-membership-8","status":"publish","type":"page","link":"https:\/\/www.nrtw.org\/es\/how-can-i-resign-my-union-membership-8\/","title":{"rendered":"How can I resign my union membership?"},"content":{"rendered":"

In Pattern
\nMakers v. NLRB<\/I>, 473 U.S. 95 (1985)<\/A>, the United States Supreme Court
\nheld that union members have the right to resign their union membership
\nat any<\/strong> time. <\/p>\n

Of course, the decision to resign is wholly yours. If the contract between
\nyour employer and the union contains no provision requiring you to join
\nthe union or pay union fees, after resigning you would have no obligations
\nwhatsoever to the union. If the contract does contain such a provision,
\nas a nonmember you would have the right to limit your union fees to your
\nshare of the costs of collective bargaining, contract administration, and
\ngrievance adjustment, and you also would not be subject to union rules and
\ndiscipline. For example, nonmembers are not subject to union rules against
\nworking during a strike. If you are a union member, and you work during
\na strike, the union could potentially fine you and collect that fine in
\nstate court. <\/p>\n

If you resign, the union would have to continue to represent you fairly
\nand without discrimination in all matters subject to collective bargaining,
\nand you could not be denied any benefits under the labor contract with your
\nemployer because of nonmembership. <\/p>\n

On the other hand, you would not have the right to vote on ratification
\nof the contract or election of union officers, and there may be benefits
\nprovided under the union’s constitution and bylaws that are not available
\nto nonmembers (however, a nonmember cannot be charged a share of the costs
\nof member-only benefits). 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
\nbe adversely affected by nonmembership in a union.) <\/p>\n

You can resign by simply sending your union a written letter stating that
\nyou are resigning effective immediately. Similarly, you can assert your
\nright not to pay for the union’s political activities by notifying it in
\nwriting that you object to use of your dues for purposes other than collective
\nbargaining and contract administration. The union may assert that resignations
\ncan be submitted only during a specified time period. That is untrue, because
\nsuch limitations on the right to resign were held unlawful in Pattern
\nMakers<\/I>. <\/p>\n

You should check your union’s constitution and bylaws to see if it has
\nany provision specifying to whom a resignation must be submitted; such requirements
\nhave been upheld by the courts and the National Labor Relations Board (NLRB).
\nYou should also check with the union to see if it has a policy concerning
\nwhen and to whom Beck<\/I> objections (objections to the amount of the
\nunion fees) should be submitted. For links to union objection policies on the Internet,
\nclick here<\/a>. <\/p>\n

If you have authorized payroll deduction of full dues, you might also have
\nto notify your employer that you wish to authorize only the deduction of
\nthe portion of dues that is lawfully chargeable under Beck<\/I>. Notifying
\nyour employer of your change to Beck<\/I>-objector status should be construed
\nas simply a change in the authorized amount of the deduction and be accepted
\nby your employer, for immediate implementation, assuming you have also notified
\nthe union. <\/p>\n

If you decide to resign and object, keep copies for your records of both
\nyour resignation and your objection letter. You should send both by certified
\nmail, return receipt requested, so that the union cannot claim that it did
\nnot receive them. If your union and\/or employer refuses to honor your resignation
\nand\/or objection, you should contact the Foundation immediately if you would
\nlike assistance. <\/p>\n

If your union or your employer refuses to allow you to resign, you would
\nbe entitled to file an unfair labor practice charge against the refusing
\nparty(ies) with your nearest NLRB regional office. However, you should be
\naware that claims concerning conduct that occurs more than six months prior
\nto the filing of charges may be time barred, so it is important to pursue
\nclaims promptly. <\/p>\n

In addition to the rights discussed above (concerning ways to limit your association with the union), you should also remember that private sector employees covered by the NLRA have the right to seek a \u00abdeauthorization\u00bb election, which completely nullifies the compulsory unionism clause in the collective bargaining contract and eliminates ALL dues requirements. For more information on this option, click here<\/a>.<\/p>\n

This information is not intended to advocate that you resign from the union
\nand object to the amount of union fees. The intent is simply to explain
\nyour legal rights in this type of situation. <\/p>\n

Click here<\/A> if you would like to see a sample
\nunion resignation letter.<\/p>\n","protected":false},"excerpt":{"rendered":"

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. Of course, the decision to resign is wholly yours. If the contract between your employer and the union contains no provision requiring you to join the […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"class_list":["post-1977","page","type-page","status-publish","hentry"],"yoast_head":"\nHow can I resign my union membership? - National Right to Work Foundation<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.nrtw.org\/how-can-i-resign-my-union-membership-8\/\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"How can I resign my union membership? - National Right to Work Foundation\" \/>\n<meta property=\"og:description\" content=\"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. Of course, the decision to resign is wholly yours. 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