In a December 16, 2019 decision, the National Labor Relations Board (Board) held that employers’ statutory obligation to checkoff union dues pursuant to their union contracts ends when said contracts expire. Overruling relatively recent precedent, the Board based its decision on the principle that there is no independent statutory obligation to check off and remit dues […]
A recent Memorandum issued by the General Counsel (GC) of the National Labor Relations Board (NLRB) (GC 19-04, February 22, 2019), discusses issues of importance to all employers and in particular to employers that have union contracts that provide for union dues-checkoff. In the Memorandum, the GC reminds the NLRB Regions that the Labor Management […]
In the 27 right to work states, currently in the country, union nonmembers may not be required to pay fees to private sector unions as a condition to obtain or retain employment. In the rest of the states – union security states – private sector unions and employers may enter into agreements that require nonmembers to […]
In Janus v AFSCME , U.S. No. 16-1466, the Supreme Court held on June 27, 2018 that States and public sector unions may no longer extract agency fees from non-consenting employees. Such extractions violate the employees’ First Amendment right to free speech. The decision, delivered by Justice Alito and joined by Justices Roberts, Kennedy, Thomas […]
On May 8, 2018, the D.C. Circuit Court of Appeals, by a unanimous panel, upheld the NLRB decision that restrictions imposed unilaterally by an IBEW local union on employees right to revoke union dues checkoff authorizations were unlawful. See Local 58 v. NLRB, No. 17-1058 (D.C. Cir.2018) Section 302(c)(4) of the National Labor Relations Act […]
Check out the latest edition of Snell & Wilmer’s Workplace Word – see here. This edition explores the recent oral argument before the U.S. Supreme Court concerning whether nonunion employees working in the public sector should have to pay partial union dues. The decision could severely impact the status of unions, and the deciding vote […]
