Legal Definitions - open union

An open union refers to a labor organization that represents employees in a workplace or industry, but does not require individuals to become members as a condition of employment. In an open union environment, employees are free to choose whether or not to join the union. However, the union typically still has a legal obligation to represent all employees within the bargaining unit (both members and non-members) in matters such as collective bargaining for wages, benefits, and working conditions, and in grievance procedures.

Here are some examples to illustrate the concept of an open union:

• Example 1: Manufacturing Plant

  Imagine a large automotive parts manufacturing plant where the production workers are represented by a union. When new employees are hired, they are informed about the union and its role in negotiating their pay, health benefits, and retirement plans. However, these new hires are explicitly told that joining the union is entirely their choice. Some choose to become full members, paying dues and participating in union meetings, while others opt not to join. Regardless of their membership status, all production workers at the plant receive the same wages, benefits, and protections outlined in the collective bargaining agreement negotiated by the union.

  This illustrates an open union because employees are not compelled to join the union to work at the plant, yet the union's negotiated terms apply to everyone in the bargaining unit.

• Example 2: Public School District

  Consider a public school district where teachers are represented by a teachers' union. When a new teacher is hired, they receive information about the union, its history, and the benefits of membership, such as legal representation and professional development opportunities. However, the district's policy, often dictated by state law in "right-to-work" states, ensures that union membership is voluntary. A teacher can choose to be a non-member, pay no dues, and still benefit from the salary schedules, class size limits, and grievance procedures that the union has successfully negotiated with the school board on behalf of all teachers.

  This demonstrates an open union because teachers have the freedom to decide whether to join the union or not, even though the union acts as the collective bargaining agent for all teachers in the district.

• Example 3: Hospital Staff

  At a large metropolitan hospital, the nursing staff recently voted to unionize. The newly formed union now represents all registered nurses (RNs) in collective bargaining with hospital management. While the union actively recruits new members and encourages participation, it operates as an open union. This means that an RN can be hired and work at the hospital without ever joining the union. They will still receive the same hourly wages, shift differentials, vacation time, and health insurance benefits that the union negotiates for all RNs, and the union is still obligated to represent them if they have a workplace grievance.

  This exemplifies an open union because the hospital's RNs are not required to become union members to be employed or to receive the benefits of the union's collective bargaining efforts.