Regardless of what kind of shop your business is, knowing what you can and can’t include in your collective bargaining agreement (CBA) is critical when a union is involved. And yes, that includes requiring employees to join the union fully—which depends on the type of union security agreement and state labor laws.
Unfortunately, we’ve seen many employers and labor organizations make mistakes in this area, often because they are unaware of crucial employer obligations and union rights, like Beck rights. So, let’s take a straightforward, non-sugar-coated look at what you can, cannot, and must do regarding union agreements.
What is a Collective Bargaining Agreement?
When a workplace unionizes, the CBA is an essential early step. Typically, leadership, HR, and legal counsel negotiate with the union representatives to develop this contract, which outlines requirements and protections for both parties. It usually includes terms and conditions of employment, including:
- Wages
- Hours and breaks
- Benefits
- Dispute resolution and disciplinary action procedures
- Anti-discrimination laws
The CBA should be as clear and specific as possible and note the agreement’s validity period. Learn more about labor union agreements.
Types of Union Security Agreements
Whether your employees want to unionize or have already done so, you probably already know that unions are anything but black and white. For instance, there are several types of union security agreements.
A union security agreement is typically part of a CBA. It is a contract between an employer and a labor union that outlines the extent to which the union can require employees to join the union and/or pay union dues as a condition of employment. These agreements aim to help ensure stable union membership and funding, supporting the union’s ability to represent and negotiate on behalf of the workforce. The specifics of these agreements vary and are subject to state laws, particularly in right-to-work states where such mandatory provisions are restricted.
The most common types of union security agreements are:
- Closed shop: Employers may only hire union members, which means new employees must already be union members before being hired. Closed shops have been illegal since the Taft-Hartley Act of 1947.
- Union shop: Employees don’t need to be union members to be hired but must join the union within a specified period after starting their job. This is common in industries with a strong union presence but is subject to legal limitations, especially in right-to-work states.
- Agency shop: Employees aren’t required to join the union but must pay a fee (often called an agency fee) to cover the costs of collective bargaining and other representational activities.
- Open shop: Employees are free to join or not join the union without any impact on their employment—meaning union dues and fees are entirely voluntary. This is predominant in right-to-work states.
- Maintenance of membership: This clause requires employees who join the union to remain members for the duration of the collective bargaining agreement, although new employees are not required to join.
Right-to-Work vs. Non-Right-to-Work States
Currently, 27 states have right-to-work laws, meaning employers cannot require employees to join a union or pay union dues as a condition of employment, even if their workplace is unionized. However, the CBA still protects all workers.
In a non-right-to-work state, on the other hand, employees may be required to join a union and pay union dues or fees as a condition of employment if their workplace has a union security agreement.
Note that exceptions may apply to public service employees. For example, although New Hampshire is a non-right-to-work state, public service employees can’t be required to join a union. So be sure to check your state’s union laws regarding public service workers and other specifics.
Today, it’s common to find companies where management employees are not union members but floor workers are. Whatever type of agreement you establish, you must understand what you can and can’t include in a CBA and require of employees.
A good rule of thumb? You can add clauses to the CBA that provide additional benefits to union workers, but you may NOT attempt to supersede labor laws and take legal benefits away. For example, employers can’t state that certain employees are not eligible for overtime pay when they would be entitled to it according to wage and hour laws.
Beck Rights: How Do They Impact Union Rights & CBAs?
As explained earlier, unions entail regular dues, which go toward two broad expense categories: 1) collective bargaining and representational activities and 2) additional tasks and services (e.g., political activities).
So, what are Beck rights, and how do they impact labor laws and CBAs? Thanks to the 1988 case Communications Workers of America v. Beck, the National Labor Relations Act (NLRA) prevents unions from requiring employees to become full union members. Employees can object and become “core” members, paying specifically for representation costs. The union contract still protects these workers.
Beck rights vary between states and unions, but generally, employers:
- Can require staff to pay partial dues (if located in a non-right-to-work state)
- Must notify employees of this choice and explain how union dues work if they opt out
- May NOT require workers to join the union fully
- May only use core members’ dues for representational costs, NOT political activities (if located in a non-right-to-work state)
Remember, if your business is located in a right-to-work state, employees can choose to either pay partial dues or not join the union at all.
Understanding Union Rights & Employer Obligations
Navigating CBAs and union security arrangements can be tricky, but understanding the basics is vital for any employer with unionized staff. Different types of union security agreements affect how unions operate and what’s required from employees.
In right-to-work states, employees can choose whether or not to join a union or pay dues, while union membership and dues might be required in non-right-to-work states. Plus, Beck rights also allow employees to opt for partial union membership, covering only representational costs.
Staying informed about these rules helps employers create fair and effective agreements that respect everyone’s rights. By doing so, you’ll foster a positive workplace and ensure compliance with labor laws.
If you need guidance from HR consultants with a significant understanding of union rights, contact BlueLion today at 603-818-4131 or info@bluelionllc.com. We’re happy to help you in this complex area!
The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.
