– Re: THE CEMENT (CONCRETE) LEAGUE & ALJ Greens 5-21-15 Decision & the...
In Reply To
The Union, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 1192, AFL–CIO, CLC and United Steel, Paper and Forestry, Rubber, Energy, Manufacturing, Allied Industrial and Service Workers International Union, AFL–CIO, CLC
III. DISCUSSION AND ANALYSIS
A. Legal Standards
Section 8(b)(1)(A) of the Act prohibits an exclusive bargaining representative from restraining or coercing employees in the exercise of their Section 7 rights, which includes the right to refrain from joining a union. The Board has long held that a union violates Section 8(b)(1)(A) when it makes union membership a condition to processing a grievance. See, e.g., Auto Workers Local 1303 (Jervis Corp. Bolivar), 192 NLRB 966
(1971). In Machinists Local 697 (H.O. Canfield Rubber Co.), 223 NLRB 832 (1976), the Board extended that holding to a case in which the union had made payment of fees by nonmembers a condition of grievance processing. The Board held doing so discriminated against nonmembers and that to “discriminate against nonmembers by charging them for what is due them by right restrains them in the exercise of their statutory rights.” Id. at 835, relying on Hughs Tool Co., 104 NLRB 318 (1953) (in which the Board held that demanding nonmembers pay a fee for grievance and arbitration processing violated the union’s obligations under Section 9(a) of the Act warranting revocation of the union’s certification). Thereafter, the Board has consistently held, absent a valid union-security clause, or in a “right to work” state, a union may not charge nonmembers for processing of grievances or other related services because doing so coerces employees in the exercise of their Section 7 right to refrain from joining a union. Furniture Workers Local 282 (Davis Co.), 291 NLRB 182 (1988); and American Postal Workers (Postal Service), 277 NLRB 541 (1985)