In light of the U.S. Supreme Court’s decision in Janus v. AFSCME, the information below may be outdated. Please visit MyJanusRights.org to learn more.
Question: Can I be required to be a union member or pay dues to a union?
Answer: You cannot be required to be a union member in any state.
A number of states have passed laws which either require, or authorize public employers and labor unions to negotiate agreements which require, all employees to either join the union or pay the equivalent of union dues as a condition of employment.
However, as a result of Abood v. Detroit Board of Education, 431 U.S. 209 (1977), a First Amendment lawsuit that was supported by the Foundation, public employees cannot be required to do more than pay a union fee (typically called an "agency fee") that equals their share of what the union can prove is its costs of collective bargaining, contract administration, and grievance adjustment.
Except in extraordinary cases, the union’s costs of collective bargaining, contract administration, and grievance adjustment do not equal the dues amount.
You have a right to object and obtain a reduction of your compulsory agency fee payments so they do not include the part of dues that is used for purposes other than collective bargaining, contract administration, and grievance adjustment.
The employer and the union must establish certain procedures to safeguard your right to pay only a limited fee to the union. These safeguards include giving you:
- Audited financial information about how the amount of the agency fee was calculated;
- An opportunity to challenge the amount of the agency fee before an impartial decisionmaker; and,
- The right to place the contested amount of the agency fee in escrow so that the union will not be able to illegally use your money while a decision on the proper amount of the agency fee is pending.
Your right to proper safeguards is based upon Chicago Teachers Union v. Hudson, 475 U.S. 292 (1986), another lawsuit that was supported by the Foundation.
If you work in a Right to Work state, you not only have the right to refrain from becoming a union member, you cannot be required to pay anything to the union unless you choose to join the union.
If you would like to see a list of the 28 Right to Work states, click here.
If you would like to learn more about your rights as a state or local government employee, click on the appropriate question below:
- Can I be required to be a union member or pay dues to a union?
- How can I resign my union membership?
- How do I cut off the use of my dues for politics and other nonbargaining activities?
- What if I have religious objections to joining or financially supporting a union?
- What if I am a victim of union violence?
- What if I want to work during a strike?