How To Switch Labor Unions

Belonging to a labor union has many benefits. However, if you are dissatisfied with your union membership, you may wonder if it's possible to switch to a different union.

The National Labor Relations Act (NLRA) and state labor laws protect employee rights, including the right to join labor organizations. In right-to-work states, your employer and any unions in the company cannot require you to sign a union contract, but union bargaining agreements still protect you.

You have the legal right to change or leave your union. Read on to learn more about switching labor unions.

Deciding To Change Your Union

There are many reasons why you may choose to change your union membership. You may feel that the union leadership isn't accountable, that union representatives are not listening to you, or that the current union does not meet your needs.

The Supreme Court has held that workers have a constitutional right to withdraw or resign from union membership at any time. Union membership is voluntary, and you can withdraw from a union by submitting a written request to your union.

In many states, if you work for a private sector employer covered by a collective bargaining agreement, you must pay an agency fee to cover the union's costs of collective bargaining, contract administration, and grievance adjustment. You will not have to pay the portion of the union dues that goes to union activities like political campaigning. Employees in right-to-work states or the public sector do not have to pay union dues once they resign their union membership.

Joining a Different Union

Once you have withdrawn from your local union, you may wish to join a different one. There are some practical considerations. If your employer is a signatory to a collective bargaining agreement with your previous union, that agreement governs the terms and conditions of your employment, no matter what other union you join. Unless you are exempt from paying agency fees to your previous union, you will also pay them to your new union. You may wind up paying double union dues.

If you belonged to a union affiliated with the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the "no raiding" rule applies. No AFL-CIO union can take on a member of another AFL-CIO union for at least a year after the worker leaves their previous union. This rule may significantly reduce the number of other unions you can join.

Because of these practical considerations, while it may make sense for an individual employee to resign their union membership, it may not be beneficial for the employee to join another union. If enough members of the union wish to replace their existing union with another one, they can do so.

Decertifying Your Union

If you're part of a group of workers seeking to change your union representation, an option known as decertification may be available to you. A group of workers with a majority vote can vote a union out and replace the union with a different one.

Decertification requires a petition signed by at least 30% of your coworkers. You then submit the petition to the National Labor Relations Board (NLRB) to qualify for a decertification election. If a majority of workers vote in favor, the NLRB decertifies the union.

There are some limitations on decertification. The NLRB will not decertify a union for one year after its first certification. If the union and the employer have a collective bargaining agreement, you can't seek a decertification election during the first three years of the agreement. After that, workers can file a decertification petition at any time.

Workers' Rights if You Leave Your Union

If you leave your union and are unable or unwilling to join another union, does that leave you out in the cold? No. The NLRB still gives you the protections you would have if you stayed with the union. Union membership may have perks, but it cannot punish you if you choose not to join. Some examples of unfair labor practices by unions include:

• Threatening or coercing unaligned workers into joining a union
• Threatening workers for participation in union activities
• Refusing to file a grievance or assist with a complaint made by a nonunion worker
• Picket line misconduct, such as harassing or assaulting nonunion workers or preventing them from entering the building

Public employees will not lose their pensions, tenure, and other benefits if they resign. Those benefits belong to the employee by law.

In right-to-work states, unions and employers may not engage in concerted activities to create "union shops" and prevent nonunion workers from employment. Bargaining representatives must negotiate in good faith for all workers, union members or not. The terms of the collective bargaining agreement apply to all employees at the job site.

Get Legal Help Switching Labor Unions

Resigning from your union or switching unions is a major decision. Because the union has a vested interest in keeping you as a member, union officers may not give you all the facts. If you are considering making such a move by yourself or with other employees, speak with an experienced labor lawyer in your area.