The NLRA (National Labor Relations Act) permits a union and an employer to enter into a contract requiring a non-union worker to pay the union, often called agency fees. This agreement aims to stop a worker from benefiting from the union's collective bargaining without paying any associated costs.

The National Labor Relations Act does not stop states from barring union agreements. However, about 25 states have done so. These statutes are called right-to-work statutes because they generally safeguard non-union members' right to employment without paying an agency fee. Many of these states have gone a step further by adding a constitutional provision regarding these laws. Is California among these states? This blog answers this question.

How Right-to-Work Statutes Work

These laws prevent unions and employers from requiring workers to pay agency fees or union dues to keep their jobs. These laws address one issue: whether an employer can require an employee to pay fees or become a union member to keep their jobs. In states that have implemented these laws, dues and membership are voluntary.

The federal government governs union formation and membership. The NLRA is the primary federal statute governing unions in the private sector. Per this law, workers are entitled to form or join a trade union. If workers vote to form or join a union, the employer should negotiate specific employment conditions with that union, including wages, benefits, working conditions, job security, job discipline, and grievance procedures. The contract is called a CBA (collective bargaining agreement).

Essentially, collective bargaining agreements are employment contracts between the bargaining unit (a selected group of employees) and the employer, instead of between a single worker and the employer.

California and Right-to-Work Statutes

California has no right-to-work regulation. That means California labor laws allow trade unions and state employers to form security agreements. Therefore, a California private employer and union can still require a non-union private-sector employee to pay labor union dues or an agency fee as an employment condition (different rules govern public-sector workers).

California strongly safeguards an employee's freedom to form, join, or manage a trade union without interference from employers or the government. California labor policy states that every employee has the legal right to organize and select their representatives without employer pressure. California even criminalizes forcing any employee to promise never to join a union as a prerequisite for keeping or securing a job. Doing so is a misdemeanor offense.

Membership Rules and Union Dues for California Employees

Because California permits the formation of security agreements, employment contracts with private-sector labor unions may require employees to pay union dues. However, limits apply. For agricultural employees, Section 1153 of the Labor Code permits union-security contracts only after five days have passed from the employment date, and membership must meet the same requirements as for other members.

An employee's obligations to pay dues generally depend on the following:

  • Whether a union's agreement covers your employment
  • The industry in which you work, for example, the public or agricultural sector
  • The particular requirements listed in the union's collective bargaining contract

What Are Union-Security Agreements

A union security contract is a stipulation in the CBA requiring that workers in the established bargaining unit pay trade union dues or become members of the union to remain employed.

States with right-to-work regulations do not allow union security contracts. In states without these laws, such as California, these contracts are permitted. Union security agreements for private workers in California can impact their jobs. When a CBA includes a legitimate union security contract, and the worker declines to remit agency fees or union dues, the union may demand that the employer fire the worker. In many cases, the employer terminates them.

In California and other states without these laws, the NLRA permits a private employer and employee to negotiate a union security contract. The 3 types of contracts are as follows:

  • Agency shop. Under this arrangement, employees are not required to be union members. The union represents all employees (members and non-members) in union-employer negotiations. Therefore, a nonmember must contribute their share, called an agency fee. The fee covers the bargaining work the union does on the nonmember’s behalf. But it does not cover other union-related activities, like government lobbying or political activity.
  • Union shop. This means compulsory union membership. An employee must sign up as a trade union member, often within thirty days of being hired, and pay their union dues.
  • Due checkoff. Here, employers automatically deduct agency fees or union dues from workers’ paychecks and channel them to the labor union. This applies both to union shops and agency shops. The workers must submit written authorization.

How the Laws Affect Public-Sector Workers

Different laws for private workers and public employees. Under Section 3502 of the Government Code, public employees are entitled to enroll in or form a workers' union. They also have the right to decline to join a trade union and advocate for themselves. Generally, the Supreme Court's Janus decision reinforced public employees' right to refrain from paying union dues. Therefore, although California allows the formation of union security contracts, public employees need not pay an agency fee or union dues.

California At-Will Employment vs. Right-to-Work

Many people in California mix up these two aspects of the law. However, they are different. Right-to-work addresses union dues and membership. At-will employment addresses how employment can end. In other words, your employment security and union rights originate from two distinct types of rules. With at-will employment, an employer can terminate the employment relationship with an employee at virtually any moment, and vice versa. California is among the at-will states.

Find an Experienced Employment Law Attorney Near Me

Union laws can be complex and confusing; many California employees assume that all states work the same way. Whether your employer can demand that you pay labor union dues, agency fees, or become a member depends on rules that are usually misunderstood. Knowing the law helps you safeguard your workplace choices and paycheck.

At Stop Unpaid Wages, our knowledgeable employment law attorneys can help you understand your rights regarding union membership and your legal options. We can help if you were coerced into union membership, have a union dispute, or your employer has violated your rights, as we have helped other employees throughout California. Call us at 424-781-8411 to share your case.