Beck rights and abstention: The ways around a toxic union
A recent Google Consumer Surveys poll shows that a third of union household members would quit their union if it weren’t for the fact that doing so would cost them their jobs. Because Illinois lacks a Right-to-Work law, thousands of workers are forced to pay dues or fees to a union that they don’t believe...
A recent Google Consumer Surveys poll shows that a third of union household members would quit their union if it weren’t for the fact that doing so would cost them their jobs.
Because Illinois lacks a Right-to-Work law, thousands of workers are forced to pay dues or fees to a union that they don’t believe in. Sometimes those same unions make outrageous demands that cost workers their jobs anyway.
But there are ways that workers can take a stand against union extremism and limit the damage that forced unionism does in their communities.
First, workers in a unionized workplace cannot be forced to formally join a union, and may quit the union at any time. However, a non-member is still required to pay an “agency fee” in place of regular dues, so there is no immediate relief for his or her finances; but a non-member is not required to join in strikes or any other union activity. Simply quitting the union provides a measure of freedom and a way to make a statement.
Ordinarily, agency fees are set at the same amount as regular union dues, but a series of U.S. Supreme Court decisions allows agency feepayers to limit their agency fee to their share of the cost of workplace representation. That includes core union responsibilities such as collective bargaining, administering a contract and pursuing grievances. This legal principle, known as “Beck Rights,” (or sometimes “Hudson Rights,” especially in the government sector) allows workers to opt out of paying for extraneous union activity – especially union politics.
Beck Rights are not a panacea. Enforcing them has proved difficult, and there is reason to believe that many unions underestimate their political activism. Workers are still obligated to pay for workplace “representation” that they do not want and that does not always work to their advantage. But the Beck and Hudson decisions do allow workers a means to limit the dues that go to a union they do not support.
It is possible to take both steps – quit the union and invoke Beck rights – simultaneously. Sample letters are available at the bottom of this page for workers who want to follow this option.
Finally, workers whose objection to their union is based on religious convictions may invoke their rights under Title VII of the Civil Rights Act of 1964. To do so does not require that your particular religious tradition have an explicit prohibition against union membership, but the worker who wants to take this route must be ready to explain his or her reasons for opposing the union in detail. The law calls for the accommodation of sincere religious beliefs, which, depending on the circumstances may involve the full amount of union dues being redirected to a charity that is agreeable to both the union and the worker. A worker with religious objections to the union is advised to examine his or her conscience closely, and then to reach out to the union and employer before contacting the government for assistance.
Illinois puts workers in a precarious position where they can be forced to pay for a union that doesn’t represent their beliefs and interests well. But the law does give workers some options. Union workers who want more information are welcome to call the Illinois Policy Institute for more information.
Sample letter to private union