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Northwest OH Legal Blog

Wednesday, May 20, 2015

NLRB to Consider Charging Union Fees in Right to Work States

The NLRB has solicited the submission of amicus briefs in the Buckeye Florida Corp. case, 12-CB-109654, presently pending before the Board on the issue of whether unions may charge non-members fees for processing grievances in right to work states. 

The case involves the United Steelworkers Union and a Florida-based subsidiary of Georgia-Pacific LLC in which the Union informed a non-member he would be required to pay the union a fair share fee equal to the dues paid by union members for the remainder of the term of the collective bargaining agreement in order for the union to process his grievance.  This individual, in turn, filed an unfair labor practice with the NLRB, relying upon long-standing precedent finding that unions commit unfair labor practices when they require non-members to pay a fee as a condition for having their grievances processed.  In March 2014, an ALJ ruled that the union’s requirement violated Section 8(b)(1)(A) of the NLRA.  On appeal, the union is asking the Board to adopt a rule allowing it to charge the fee as long as the fee does not exceed the amount the union could charge non-member objectors under other Board decisions on the subject.

The NLRB’s request for briefs on this issue is an indicator of possible interest in overturning the existing law that prohibits unions from charging such fees.  If the law is overturned, it would represent a significant step forward for unions representing employees in right to work states.  Our firm will continue to update you as to developments in this area.


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With offices in Toledo and Lima, OH Allotta Farley Co., L.P.A. serves clients throughout northwest OH with various legal matters. Areas of service include Allen County, Ashland County, Auglaize County, Crawford County, Defiance County, Erie County, Fulton County, Hancock County, Hardin County, Henry County, Huron County, Lucas County, Marion County, Mercer County, Morrow County, Ottawa County, Paulding County, Putnam County, Richland County, Sandusky County, Seneca County, Van Wert County, Williams County, Wood County, Wyandot County.

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