NLRB Considers New Rules to Limit Non-Member Grievance Representation

Posted by on Thu, Apr 16, 2015 @ 15:04 PM

 

According to Politico, The National Labor Relations Board’s (NLRB) newest focus might be on limiting the right-to-work movement’s pitch of required representation of non-union workers. In a call for briefs yesterday, the agency said it may allow a union to collect a fee from a non-member in a right-to-work state if that member is not a dues paying member. Under current NLRB rules and regulations, unions are prohibited from collecting any fees from non-members in right-to-work states, regardless of whether those members actually use that union’s resources in a conflict with their employer. That’s what the 1947 Taft-Hartley Act, which created and regulates the circulation of right-to-work laws in the U.S., has always been understood to mean.

Legal analysts say the NLNational_Labor_Relations_Board_logo_-_colorRB should deem it legal for unions to collect fees from non-members using grievance procedures even in right-to-work states. In a blog post last night, Harvard Law Professor Ben Sachs wrote: “There is no seeming rationale for this inequity, and nothing in the federal labor law nor in state right-to-work laws requires it. If unions are prohibited from collecting fair share fees, they should at a minimum be permitted to charge workers for the costs of individual grievance representation.”

Anti-labor groups believe the board will make the change. “When this board is asking for an amicus brief on the reconsideration of a rule, the majority’s already decided that it wants to change the rule,” said Michael Lotito, a management-side attorney at Littler Mendelson. “This is a signal from this board that [says]: ‘we’re going to push back against the expansion of these right-to-work actions.’

Currently, labor unions are the only institutions in the United States that are required to represent non-contributing members.  Anti-Labor groups have used this to mislead non-union workers with the promise of free representation without the requirement of paying dues.

Topics: Labor Unions, Construction Jobs, Union Labor

All data and information provided on this site is for informational purposes only. International Association of Heat and Frost Insulators and Allied Workers makes no representations as to accuracy, completeness, currentness, suitability or validity of any information on this blog, any responses or comments posted on this blog or any information found on any link on this site. International Association of Heat and Frost Insulators and Allied workers will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. International Association of Heat and Frost Insulators and Allied Workers reserves the right, without notice, to edit, delete or refrain from posting any blog responses or comments or portions thereof that International Association of Heat and Frost Insulators and Allied Workers deems to be offensive, derogatory, abusive or threatening in any way. This policy disclaimer is subject to change at any time.