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Union Shop Provision Ordered Stricken from Collective Bargaining Agreement
Description Bargaining agreement contained mandatory union membership as condition of employment. NLRB holding that non-enforcement of the clause was sufficient was rejected by appeals court which ordered the union shop provision stricken and employees to be informed of rights under NLRB.
Topic Labor Law
Key Words Condition of Employment, Union Shop
C A S E   S U M M A R Y
Facts Bloom worked for Group Health, Inc, which placed him within a collective bargaining unit represented by a union. The bargaining agreement states that "All Employees of the Employer subject to the terms of this Agreement shall, as a condition of continued employment, become and remain members in good standing in the Union...." He was told that if he did not join the union and pay dues, he would be fired. Bloom filed an unfair labor practice charge against the union and his employer with the NLRB, which dismissed his complaint after the other parties stated they would not enforce the agreement. Bloom appealed.
Decision The assertion that the term in the bargaining agreement would not be enforced was insufficient. The bargaining agreement violated the NLRBs fundamental tenet of voluntary unionism. The agreement created a union shop. The offending clause shall be deleted and replaced with "No employee shall be required to become or remain a member of the union as a condition of employment" and other language that makes clear the right of membership and alternative payment of agency fees.
Citation Bloom v. NLRB, F.3d (1998 WL 455632, 8th Cir.)

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