UAW officials recently took a significant step towards ordering a strike affecting thousands of employees at Volkswagen’s Chattanooga Assembly Plant.
The situation presents serious concerns for employees who believe there is much to lose from a union-ordered strike. That is why workers confronted with strike demands frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and union discipline for continuing to work during a strike to support themselves and their families.
The National Right to Work Legal Defense Foundation is the nation’s premier organization exclusively dedicated to providing free legal assistance to employees victimized by forced-unionism abuse. The Foundation has a long history of defending workers against unlawful actions by UAW union officials, including in cases involving threats related to UAW boss-ordered strikes. Foundation staff attorneys have represented Volkswagen employees at Chattanooga before, challenging union organizers’ attempts to bypass a secret ballot election and impose the union through an unreliable and abuse-prone Card Check.
In short, Volkswagen employees who want to work during a union-ordered strike should ensure that they are not members of the union before they work during a strike. The fact is, employees have a legal right not to be a member of the UAW or any other union, but unions can fine their members who work during a strike. To avoid getting fined for working during a strike, it is critical that employees resign their union membership before returning to work. Unions cannot fine non-members for post-resignation conduct, and union members can resign their membership at any time. Despite often-misleading claims by union organizers, no employee can be required to be a member of a union. If an employee is not a member of a union, union officials have no power to fine or discipline him or her. In this way, employees have the right to rebuff union strike demands.
Volkswagen Chattanooga employees should know they have the following rights:
- You have the right not to be a union member. If you’re currently a union member, you can resign your union membership by sending the union a letter resigning your membership. If possible, use certified mail, return receipt requested, and save copies of your resignation letters and the return receipt to prove delivery. If you hand deliver a resignation and/or dues deduction revocation, make sure that you have a reliable witness to the delivery. In our experience, it is not uncommon for angry and dishonest union officials to pretend they did not actually receive resignations and initiate proceedings against non-striking workers anyway.
- You have the right to go to work during a strike. Union officials can (and often do) fine union members who work during a strike. So, you should seriously consider resigning BEFORE you return to work during a strike, to avoid these union fines and discipline. See Union Discipline and Employee Rights.
- You can exercise your rights under Tennessee’s Right to Work law, and revoke any authorization for union dues to be deducted from your paycheck in the future. Under a union contract, if the UAW ever enters into one with VW, union officials will likely seek to have union dues deducted from your paycheck. Dues authorizations are often hidden in paperwork that unions want you to fill out, and they often limit your ability to stop dues deductions. Thus, read carefully any documents that the union asks you to sign and reach out to the Foundation if you have any questions. Because Tennessee is a Right to Work state, UAW union bosses legally can’t require you to pay any union dues or fees just to keep your job. You can learn how to exercise this freedom here.
- If you wish to eject the UAW from your workplace, you have the right to circulate or sign a decertification petition to obtain a secret ballot election to do so. Like the NLRB-supervised elections held at Volkswagen Chattanooga in 2014, 2019, and 2024, a decertification election would give Volkswagen employees the ability to vote in a secret ballot election on whether they want UAW officials to exclusively represent them. See Decertification Election.
Go to About Your Legal Rights: Private Sector Employee to learn more about your rights, and contact the NRTW Foundation at https://www.nrtw.org/free-legal-aid, legal@nrtw.org, or 800-336-3600 with any questions.
