7 Union Facts You Need To Know
The U.S. Supreme Court released its long-awaited decision in Janus v. AFSCME, signaling the demise of compulsory union fees for public employees.
In its 5-4 decision, the Court found that requiring public employees to provide financial support to the unions that represent them, violates the employees’ rights under the First Amendment. Even if unions cannot use those fees to support their political activities.
As a result, public employees will no longer pay any fees to unions unless they affirmatively elect to do so and cannot face negative consequences if they decline.
The Court overruled the 41-year-old decision in Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977), which had authorized such mandatory fees, declaring that the State’s extraction of agency fees from non-consenting public-sector employees violates the First Amendment by “forcing free and independent individuals to endorse ideas they find objectionable.”
What this means to employers:
- The union “check-off clause” which mandates a union worker, involuntarily paying union fees, will now be, in most cases, gone.
- Under this ruling, the union shop worker can “opt out” or not join from the union if they wish. However, the bargaining unit, for which they belong, can vote to pay the union as a whole. This is option “A” for the union.
- After 40+ years the union must now prove value to the members and not rely on a mandatory garnishment of wages.
- Anticipate an increase in Union management to member tension as union jobs continue to decline nationally.
- The by-product of this tension, historically speaking, will be lower morale and production by the union individual(s). In turn, this will cause a negative impact on the productive output of the group and/or organization. In extreme situations, the possibility does exist that the group may decertify or “vote out” the union all together.
- Unions will be more aggressive in finding other ways to support themselves.
- Expect more competition between unions for new/remaining members and possible consolidation of weaker unions. This means more union organizing campaigns for employers. Employers need to have their collective “house” in order to repel employee desire to organize.
What action should I take?
- Understand your responsibilities and rights. Do initial research, reach out to colleagues and look for an expert to guide you in the decision making.
- Create a plan. There is bound to be a ripple effect, so make sure you know how you and your managers will handle the inevitable situation BEFORE it happens.
Remember the end result is to have a healthy workplace with happy, productive employees.
How do I create a plan?
Designing a plan and training managers and supervisors can be time consuming which is why resources like TSG-HR Help Desk are a good option.
A unicorn in the HR world, they take a unique 3-pronged approach to HR by assisting the: Employer, Employee and Legal side of employment. Their solutions address the needs and compliance tactics of the employer, have a confidential hotline for employees to air their grievances, and include a labor attorney on hand to address those sticky situations.
Their solutions provide the day to day support organizations require. Flexible enough to customize their support to meet the needs of each client, their overall client base experience a decline in employee issues, significant decreases in turnover and employee morale skyrocket.
Of course, if I can help you find the right HR solution for your company, please reach out.