C. Union Workers

A labor union is an organization of working people who collectively negotiate (or attempt to negotiate) benefits, better working conditions, grievances, and employment contracts for its members. The federal Taft-Hartley Act allows certain classes of workers to band together, form, and join unions. Supervisors, managers, executives, and some government employees cannot be union members because "blue-collar" (non-management) working-class status is often required for membership.

If you belong to a union, much of your protection as a union member derives from the powers and actions of the National Labor Relations Board (NLRB) together with the U.S. Department of Labor and state law. For example, if you believe that your union is not zealously representing your interests, or has engaged in an unfair or illegal labor practice, it may be necessary to file a grievance against your union through a local office of the NLRB.

Under the federal National Labor Relations Act and state laws, employers are forbidden from penalizing workers who decide collectively to discuss common grievances and form and participate in a labor union. Workers cannot be disciplined, demoted, reassigned, fired, threatened, or treated poorly as a result of union involvement. Neither can employers offer nonunion workers more benefits or better working conditions than union workers. Speak to a labor lawyer to protect your rights if this is the case.

In certain situations, such as when an employer has entered into a comprehensive collective bargaining agreement with a union permitting the union to act as spokesperson for all workers of the company, you may be forced to belong to a union even if you do not want to participate in union activities. This means that union dues may be automatically deducted from your paycheck and there is little you can legally do about it. However, in some right-to-work states, people are permitted to work at companies without being required to participate in union activities or be affiliated with a union.

There are several advantages and disadvantages in belonging to a union. For example, employers are bound to follow rules concerning discharge procedures in collective bargaining agreements previously negotiated and ratified by a union. In such agreements, employers are sometimes forbidden from terminating union workers except in situations involving worker misconduct or serious offenses. If a union worker is fired wrongly or under circumstances suggesting that the employer acted improperly, the union should schedule an arbitration proceeding or grievance procedure without delay so that an impartial arbitrator can hear the case and hopefully reinstate the terminated worker (and order back pay and other lost benefits in appropriate circumstances).

Counsel Comments:If you are a union member and are treated unfairly while working, denied expected benefits, or fired from a job, speak to a lawyer hired by the union or a private lawyer immediately to discuss your rights. The specifics of your work relationship are spelled out in the collective bargaining agreement. Most agreements allow you to discuss a problem with a designated union representative, who will then communicate the matter to union officials. If the union determines that your grievance is sound, the union should guide you through the complaint process.

Most collective bargaining agreements provide little or no severance pay and other post-termination benefits for terminated union workers. This differs from nonunion employees, who may be able to receive large severance packages after having worked for an employer for many years and been discharged through no fault of their own, such as for a job elimination or company reorganization.

Also, when a union is organizing a strike, an employer may be able to keep workers off the premises legally (known as a "lockout") in an attempt to force the union to back down. Union workers may not receive any pay during a lockout, and sometimes the employer does not have to rehire workers if they were permanently replaced while on strike. Some unions provide short-term strike funds to workers who are forced to go out on strike. Under federal law, the obligation to rehire union workers who were replaced often depends on whether the employer acted properly before the strike. For example, if the employer engaged in an unfair labor practice that caused the strike (e.g., failing to provide a safe work environment), the employer may be legally required to rehire its original union workers. Rules concerning the circumstances permitting union workers to legally strike (e.g., to protest unsafe working conditions) are spelled out in the National Labor Relations Act.