"Beck's Law" Needs To Be Enforced With Unions

Supreme Court, National Labor Relations Board | 11/24/2004 | NDJeep

[NDJeep]

This research was initiated by my girlffriend taking a new job (hospital represented by UAW). I mentioned to her there was a law that required unions to discount their dues to members that did not want to support the unions political agenda.

After she as told by the Human Resources Dep't they were unaware of any such law and she would have to take it up with the union leaders.

I guarantee that many locals are not fulfilling their legal requirement of the "Beck Law" notification. Weneed to tke this fight to them. We are researching the issue currently where I live.

There are three citations/references below for (1) the 1988 Supreme Court Case, (2) NLRB case (199) ruling in favor of the union worker (refunding that part of the dues) PLUS interest, and finally, (3) the NLRB memo to all directors in response to President Bush's (2001) crack down on illegal union political contributions.

(1) Supreme Court

COMMUNICATIONS WORKERS v. BECK, 487 U.S. 735 (1988)

(http://www.campaignfinancesite.org/court/communication1.html)

(2) Weekly Summary of NLRB Cases, April 9, 1999

(http://www.nlrb.gov/nlrb/shared_files/decisions/327/327-180.pdf)

(3) MEMORANDUM FROM OFFICE OF THE NLRB GENERAL COUNSEL

April 6, 2001

Guidelines for Response to Beck-Related Public Inquiries

(http://www.nlrb.gov/nlrb/shared_files/gcmemo/gcmemo/gc01-04.asp)

[CONSERVE]

bump for later read

[gbchriste]

The NLRB General Counsel memo seems to say that an employee does not have to be a member of the union but must pay the dues to the union if they wish to be covered under certain provisions of the union contract that everyone else works under. I believe the memo calls these employee's dues paying non-members. The Beck provision that says money can't be used for purposes against the employees wishes seem to apply only to these dues paying nonmembers.

In Communications Workers of America v. Beck, 487 U.S. 735 (1988), the Supreme Court held that the proviso to Section 8(a)(3) of the Act, which allows employers and unions to enter into union-security agreements, does not “permit a union, over the objections of dues-paying nonmember employees, to expend funds so collected [pursuant to a union-security clause] on activities unrelated to collective bargaining, contract administration or grievance adjustment.” The Court also concluded that “such expenditures violate the union’s duty of fair representation.”

In order to be eligible for Beck rights, an employee (1) must be a nonmember and (2) must be covered by a union-security clause in a collective-bargaining agreement. In general terms, a union’s obligations under Beck are to provide notice to nonmember employees of their Beck rights; to refrain from charging objectors for nonrepresentational expenses; to provide objectors with a financial disclosure; and to establish procedures for objectors to challenge the accuracy of the union’s disclosure.

[lepton]

The Beck provision that says money can't be used for purposes against the employees wishes seem to apply only to these dues paying nonmembers.

The SCOTUS injuctions were much stronger.

[lepton]

The Beck provision that says money can't be used for purposes against the employees wishes seem to apply only to these dues paying nonmembers.

The SCOTUS injunctions were much stronger.

[HiTech RedNeck]

President Bush (alas) yawned.

[DaGman]

I believe Beck only applies in right to work states. In closed shop states, it is the law to pay full dues.

At least that's the way I understand it.

[doug from upland]

I have helped a few teacher friends get back hundreds of dollars. We need a big time effort to stop the NEA.

[job]

Beck's Law: "I've got two turntables and a microphone."

[Ziva]

ping

[GUIDO]

Please keep me on your list for this info. I am an airline employee in TEXAS and would like to keep up with this.

Amazing how much money these crooks give to the DNC. Thanks in advance for all you do.

[GUIDO]

Please keep me on your list for this info. I am an airline employee in TEXAS and would like to keep up with this.

Amazing how much money these crooks give to the DNC. Thanks in advance for all you do.

[26lemoncharlie]

Bump for later read

[skinkinthegrass]

BTTT

thanks, for the good post. :))

[NDJeep]

I believe Beck only applies in right to work states. In closed shop states, it is the law to pay full dues.

This is one of the factors that we are researching currently in Ohio.

[jaydubya2]

DaGman wrote :"I believe Beck only applies in right to work states. In closed shop states, it is the law to pay full dues."

You are correct. During the last election I was upset that my dues were going towards supporting Kerry and every other democrat on the ticket. In Indiana, there is nothing we can do about it since it's not a right to work state.

[flim-flam]

Beck applies to non-right to work states because of union security clauses in collective bargaining agreements. If one decides to resign one's membership, one pays for activities which are germane to collective bargaining, contract administration and grievance adjustment, i.e. - representational activities. In right to work states, under the National Labor Relations Act, union security is a moot issue and no dues are paid as a condition of employment, if one chooses to be a non-member of the union. I am a Beck objector myself residing in a non-right to work state. For more information check out National Right to Work Legal Defense Foundation.

[DaGman]

You will likely find in your research that unions have reworded the standard language on the membership card that is signed and that you signature gives the union express permission to use union dues for political purposes (i.e. those political activities allowed by law such as get out the vote or contributions to political parties, but not individual candidates or PAC's. as is prohibited by law.) Most unions did this almost immediately after Beck which was quite a few years ago now.