ABA Family Legal Guide

Law and the Workplace

On the Job

Unions in the Workplace

If a union wins the election, must the workers join the union?

No. Just as the National Labor Relations Act (NLRA) gives employees the right to join unions, it also gives employees the right to refuse to join a union. The NLRA prohibits both employers and unions from forcing employees to join a union.

However, employees can be forced to pay for the work that the union performs on their behalf, even if they do not want to join the union. Most collective bargaining agreements contain a union security clause. In effect, this clause requires workers to pay the dues and fees that union members are required to pay. If a worker refuses to pay dues, he or she can be fired.

Because the law requires the union to represent all the workers in the bargaining unit, regardless of whether they are members of the union, the law allows the union to "tax" the workers for the benefits they receive from union representation. Some states prohibit union security clauses.