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Legal Definitions - union security agreement

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Definition of union security agreement

A union security agreement is a contract established between a labor union and an employer. This agreement stipulates that, as a condition of employment, employees must provide a specified level of financial support to the union. This typically involves paying union dues or an equivalent fee to cover the costs of collective bargaining and representation, usually within a certain timeframe after being hired (e.g., 30 days).

It's important to understand that federal law prohibits "closed shop" agreements, which would require an employee to be a full union member *before* being hired. Instead, current law allows for agreements that require employees to contribute financially to the union that represents them, even if they choose not to become full members. However, in states with "right-to-work" laws, these types of union security agreements are generally prohibited, meaning employees cannot be compelled to financially support a union as a condition of employment.

Here are some examples to illustrate how union security agreements work:

  • Example 1: Manufacturing Plant

    Imagine a large auto manufacturing plant located in a state that does not have "right-to-work" laws. The company has a union security agreement with the United Auto Workers (UAW). When new employees are hired onto the assembly line, they are informed during their onboarding that, within 30 days of their start date, they must either become a full member of the UAW and pay regular dues, or pay an equivalent "agency fee" to the union. Failure to do so would result in the termination of their employment.

    This example illustrates a union security agreement because it makes financial support for the union (either through membership dues or agency fees) a mandatory condition for new hires to keep their jobs, as agreed upon by the employer and the union.

  • Example 2: Public Transit System

    Consider a major city's public transit authority where bus drivers, subway operators, and maintenance staff are represented by a transit workers' union. In this city's state, union security agreements are permitted. The collective bargaining agreement between the transit authority and the union includes a clause stating that all employees in the bargaining unit must pay monthly union dues or an equivalent service fee. This fee contributes to the union's efforts in negotiating wages, benefits, and working conditions for all employees, regardless of whether an individual employee actively participates in union meetings or votes in union elections.

    This example demonstrates a union security agreement by showing how all employees benefiting from the union's representation are required to contribute financially to its operations as a condition of their ongoing employment, ensuring shared responsibility for the costs of representation.

Simple Definition

A union security agreement is a contract between a labor union and an employer requiring employees to provide a specified level of support to the union as a condition of their employment. While federal law prohibits "closed shops" that demand full union membership, these agreements can still require employees to pay union dues and initiation fees. However, "right-to-work" laws in some states prohibit and invalidate such agreements.

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