Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: Union Membership

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A Bad Week for Unions: The NLRB and NLRB GC Focus on Union “Membership” and the Money

Posted in Union Membership, Unions
The NLRA permits employers and unions to agree to “union security” clauses in a collective bargaining agreement.  This clause requires employees to join the union (and pay dues) or lose their job with the employer. Congress imposed this “membership” obligation on employees to eliminate what some call the “free rider” problem.  The NLRA requires a… Continue Reading

Will Nathaniel Ogle Get His Money Back? Defendant Files Motion to Dismiss in Ogle v. Ohio Civil Service Employees Association

Posted in Courts, Union Membership
Janus v. AFSCME has opened the door for nonmember employees to sue unions for collecting fair share fees, and employees are taking action.  As readers of this blog know, Janus holds that requiring employees to pay a fee to a union without the employee’s affirmative consent is a violation of the First Amendment.  As discussed… Continue Reading

Class Actions Filed in Ohio Challenging Public Sector Employee Agency Fees and Union Dues

Posted in Courts, Union Membership
The landmark Supreme Court decision in Janus has now precipitated the filing of two new class actions, right here in Central Ohio.  Last week, public employees working at different public agencies, filed two class actions challenging not only the agency fees they have paid in the past, but also union dues they attempted to halt… Continue Reading

Supreme Court Poised to Potentially Strike Down Mandatory Union Dues in the Public Sector

Posted in Courts, Union Membership
The Supreme Court announced on Thursday that it will re-visit the issue of whether public sector employees can be made to pay mandatory fees to a public sector union despite not being a member of the union. As readers of this blog will recall, this question was at the center of a Supreme Court decision… Continue Reading

Mandatory Union Fees Preserved By Supreme Court’s Deadlock

Posted in Courts, Union Membership
Today the Supreme Court issued a decision in the closely watched case of Friedrichs v. California Teachers Association, which keeps mandatory union fees for public employees alive.  In a one-sentence opinion, an equally divided Supreme Court simply affirmed the Ninth Circuit’s decision in favor of charging school teachers mandatory union fees.  The decision doesn’t apply… Continue Reading

Who Needs a 50-Year-Old Rule? Employers Must Now Continue Dues Deductions Even After Union Contract Expires

Posted in Management, Negotiations, Union Membership, Union Negotiations
Reversing a rule that has been in place for over 50 years, the NLRB has ruled that a “dues checkoff” provision in a union contract outlasts the termination of the contract establishing it. The 3-2 decision, which came out earlier this year, but was overshadowed by the hullabaloo over the joint employer decision, is a… Continue Reading

Supreme Court Deals Blow to Public Sector Unions

Posted in Union Membership
In a close decision earlier this week, the U.S. Supreme Court dealt a blow to unions representing government employees. The case, Harris v. Quinn, dealt with an effort in Illinois to permit unions to organize a group of individuals who provide services to those who are unable to live in their own homes without assistance. Under the… Continue Reading

Union Membership Declines (Again)

Posted in Union Membership
Given the level of union representation petitions at the NLRB, it was in fact no surprise when the Bureau of Labor Statistics issued its report last month revealing further declines in union membership.  The BLS reported that the overall union representation rate fell from 11.8% to 11.3%.  Looking at just private sector employment, the rate is even… Continue Reading

Acting General Counsel Releases Report on FY 2012 Operations

Posted in NLRB, Union Membership
Last week, the NLRB’s Acting General Counsel Lafe Solomon released his annual Summary of Operations (pdf). The memorandum summarizes the activities of the General Counsel’s office, which is responsible for the investigation and prosecution of unfair labor practice charges and the handling of representation cases.  Representation cases are requests from a union, employee, or employer… Continue Reading

Highlights From Acting General Counsel’s Annual Operations Summary

Posted in NLRB, Union Membership
Last week, AGC Lafe Solomon issued his annual summary of operations (pdf) for FY 2011. The summary reviews the various functions of the Acting General Counsel’s office, which include conducting secret ballot union elections and investigating and prosecuting unfair labor practice charges against employers and unions. Of the information reported, perhaps the most interesting given the NLRB’s… Continue Reading

Union Membership Takes Another Blow

Posted in Union Membership
The most recent numbers are in, and they are not pretty for organized labor in the United States.  The Bureau of Labor Statistics (BLS) recently released its annual survey of union membership.  The survey revealed not only a decline in the number of union members, but yet another decline in the percentage of the work… Continue Reading

NYU Graduate Assistants Seek Recognition

Posted in EFCA, NLRB, Union Membership, Union Organizing
Recently, graduate students at New York University who serve as teaching assistants filed a petition with the NLRB seeking a union representation election. Click here for the New York Times story. The Graduate Student Organizing Committee, part of the United Auto Workers Local 2110, submitted union authorization cards reportedly signed by more than half of… Continue Reading

Union Membership Declines

Posted in Union Membership, Union Organizing
The Bureau of Labor Statistics released the results of its annual survey of union membership last Friday. According to the BLS, 12.3% of all wage and salary workers in the United States were members of a union, compared to 12.4% a year earlier. The number of wage and salary workers who were in a union… Continue Reading