Question: I work retail and the local union is calling for a strike. I'm not in the union, but I'm covered under the healthcare and the union rep is telling me I can be fined if I cross a picket line to work. Is this true?
Answer:
To find out information on the laws, rights and responsibilities of employers, employees and unions, you may want to look at the National Labor Relations Board website. The National Labor Relations Board is a federal agency created to administer the National Labor Relations Act, which is the primary law governing relations between unions, employees and employers in the private sector. In addition to the Act itself, there are also cases that apply the language of the Act to specific situa. To find out how the law applies to your specific situation you may want to contact an attorney. The following answer is provided as general information only.
Generally, if an individual is represented by a union but not a union member, the individual may not be fined for crossing a picket line and going to work. Union members who do so may be fined by the union. Federal law, however, gives a union member the right to deliver a written resignation to the union before crossing the picket line without exposure to a union fine. Resignation does not cancel any union membership dues obligations which, typically, can be canceled only during an annual window period or when no labor contract is in effect.
Again, to find out how the law applies to your specific situation you may want to contact an attorney.
September 21, 2009
Legal Services Corporation