Is Nonpayment of Union Dues Grounds for Termination?

[Omaha Steve]

http://hr.blr.com/display.cfm/id/18750



News

08/11/2006
Is Nonpayment of Union Dues Grounds for Termination?

A collective bargaining agreement (CBA) between a hospital and a union included a union-security provision requiring registered nurses (RNs) to pay union dues. When 14 RNs refused to pay, the union sought to have them fired, but the employer refused.

What happened. St. John's Mercy Medical Center, a not-for-profit corporation based in St. Louis County, Missouri, employs 1,400 RNs at an acute, tertiary care hospital. On behalf of the RNs, the United Food & Commercial Workers Union Local 655, AFL-CIO, CIC, entered into a CBA with St. John's on October 23, 2001. The CBA was in effect until October 22, 2004.

Under the terms of the CBA, all RNs were required to become union members and pay dues. The agreement also specified that St. John's was obligated to discharge any RN who failed to pay dues.

The union sent written notification to 14 RNs that they had 2 weeks to pay the required dues and, later, submitted a letter to St. John's, asking that the RNs be discharged for failure to do so. Consistent with its responses to similar requests in the past, St. John's refused. In fact, in April 2003 and April 2004, the organization sent letters to RNs who had failed to pay dues stating that no one would be fired for not paying dues.

The union filed an unfair labor practice charge with the National Labor Relations Board (NLRB) and asked that the 14 RNs be discharged for failure to pay dues for 4 months. An administrative law judge ordered that the RNs be discharged, and the order was upheld by an NLRB panel. St. John's challenged the order before the U.S. Court of Appeals for the 8th Circuit, which covers North Dakota, South Dakota, Minnesota, Nebraska, Iowa, Missouri, and Arkansas.

What the court said. St. John's argued that discharging the RNs would violate Missouri public policy and that healthcare institutions should be treated differently from other companies.

The appeals court affirmed the NLRB order, explaining "here is no Missouri statute that prohibits the enforcement of a union-security provision or the discharge of nurses," and that while nursing shortages may make it more difficult for St. John's to replace the nurses, the task was not impossible, according to the court. In addition, the court found no evidence that Congress intended to exempt hospitals from avoiding their duties under union-security provisions in CBAs. St. John's Mercy Health Systems v. NLRB, No. 05-2306/2392, U.S. Court of Appeals, 8th Cir. (2006).

What to remember. Just because you disagree with a contract provision doesn't mean you can ignore it. Unless the union agrees to a change, you are bound by the terms of the agreement until it expires.


I believe it is fair to ask for dues from those that work under a union contract. The union has to negotiate on your behalf. It has to run an office and pay it's employees. Offices need supplies and utilities. It has to have a lawyer on retainer. There are year round costs for being able to enjoy union benefits. As for me, I work in a right to work (for less) state. That means it is an open shop and union membership is not a condition of employment. I get tired of seeing people that don't belong bad mouth everything the local does for them while not paying dues or partaking in the work required to negotiate and so on. Even worse, public employees are not governed by the NLRB. A state commission enforces negotiations etc.

[rzemanfl]

1. Don't know about Missouri but I think in Florida they make you

Employee of the Month.

[displacedtexan]

2. My favorite part of being a teachers' union rep...

... was when non-union members passed me their secret
wishlists right before negotiations.

They didn't want to pay their fair shares, but they
sure did want the perks.

[cmd]

8. I remember those teachers

They were the ones at my door complaining that the principal wasn't living up to the contract. They were also the first to break the contract when it suited them.
We ended up being a fair share district when the school board tried to take our insurance away. Enough of them finally saw the light and joined the union.

[Canuckistanian]

3. What's the story with these nurses?

They seem to be enjoying the benefits of a collective agreement, but they don't want to contribute to the organization that negociated it.

Yet I'll bet that the union is the first place they'd run to in case of a grievance or an unfair dismissal.

[Nay]

4. Those nurses are deadbeats, and if they don't want to work in a

union shop, there are plenty of other nurse jobs out there. They need to go apply elsewhere.

[madrchsod]

5. yes it is

the steelworkers and the iam unions i belonged to one would be terminated if you refused to pay. since the deduction was done by the employer for the employee and the union by contract rules,the company would be in violation as would the employee. if the employee insisted he would be terminated or promoted to a manager position.
amazing how some people are not willing to pay a little money to be guaranteed a decent job,pay,and working conditions...dam i wish i was back in a union

[cmd]

6. Under the terms of the contract, it is

The hospital agreed to it, now they must live up to their agreement.

[KKKarl is an idiot]

7. I am union member

in a right to work (for less) state. Generally union companies like mine have employees pay a very low amount for health care benefits. What the union should do in these circumstances is advocate that the people who do not want to be a part of the Union pay the average rate of insurance costs of non-union companies in their area. At least 10 companies figures should be used to make an unbiased decision. It is obviously going to be much higher that their health care costs + union dues currently. That will easily make them change their minds.