Union Dues During a Strike: Common Practices and Legal Considerations

When a union goes on strike, a question often arises regarding union dues: do union members still need to pay their dues during this time? The answer to this question can vary widely based on the specific union, its bylaws, and the circumstances of the strike. Here, we explore the general practices and legal considerations surrounding union dues during strikes.

The Variability of Union Dues During a Strike

The decision on whether union members are required to pay their dues during a strike can depend on several factors. One key factor is whether the union provides strike pay. Many unions provide this pay to members who are out on strike, which can affect the requirement to pay dues. If the union provides strike pay, then members are often still obligated to pay dues. However, some unions may choose to suspend dues collection during the strike, either by explicit provision in the bylaws or through a vote by the members. Thus, it is crucial to understand the specific rules and conditions within your union to determine if dues are required during a strike.

Understanding Union Bylaws and Constitutions

The specific stipulations regarding union dues during a strike can be found in the union's bylaws and constitution. These documents outline the rules and procedures the union follows, including how dues are managed during strikes. For instance, if the bylaws state that dues are a percentage of a member's pay, and usually that percentage is 1 to 2 percent, then it is likely that members are still required to pay during the strike period. However, if the bylaws or a recent decision of the union's members allow for the suspension of dues during the strike, then members may not be required to pay.

It is important for union members to familiarize themselves with their local union's bylaws and constitutions. This can be done by contacting the union's local representatives, such as shop stewards, or by reviewing these documents directly. By doing so, members can better understand their rights and obligations during a strike, including whether they are required to pay dues.

Union Contract and Good Faith Bargaining

Union contracts often include provisions that address the issue of dues during strikes. These provisions may provide for the suspension of dues during a strike, particularly if the company is engaging in unfair labor practices or intentionally prolonging the strike. The contract may also stipulate that the union must provide strike pay to its members, which can influence the requirement to pay dues.

From a legal standpoint, unions are typically very understanding of the financial hardships that members face during a strike, especially if the company is not negotiating in good faith. This added understanding may lead to the temporary suspension of dues collection during the strike. However, this is not a universal practice and can vary greatly between different unions and situations.

Historical Practices and Expert Opinions

Over the years, most unions have not typically collected union dues from members during a strike. This practice has been supported by the experience and expertise of many long-time union members. According to Michael, who has held union membership and/or worked for labor unions for more than 40 years, one of the key resources to consult is the union's constitution. The constitution often contains the necessary information to determine the answer to the question of dues collection during a strike.

Conclusion

Whether union members are required to pay dues during a strike can be a complex issue, influenced by a variety of factors, including the union's bylaws, the contract, and the specific circumstances of the strike. To determine the answer for your specific situation, it is essential to consult the union's constitution, bylaws, and local representatives. Understanding these details can help union members make informed decisions about their membership obligations during a strike.