How to opt out of your union contract

Original post from the National Employee Freedom Week movement http://employeefreedomweek.com/state/delaware/

National Employee Freedom Week takes place every August; this year workers’ rights to not be forced to pay union dues as a condition of employment takes place August 10-16.

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Because Delaware is not a Right-to-Work state, your freedom to leave your union is restricted, but you still have options to leave or reduce your union membership.

The first option is to become an agency fee payer, which means you only pay dues for the union’s cost of collective bargaining, contract administration and grievance adjustment. As an agency fee payer, you do not pay for any other activities, including the union’s political activities.

As an agency fee payer, you are not a member of the union, but since you continue to pay the “representative” portion of your dues, the union must continue to represent you fairly and without discrimination in all matters subject to collective bargaining.

As an agency fee payer you are still entitled to every benefit under the labor contract with your employer, including health care, pension, step increases, etc.

A generic letter to become an agency fee payer is here. You will need your union’s address and contact information. We recommend that you make a copy of your letter and either deliver it in person and receive a stamped copy or mail it with Certified Mail Return Receipt Requested Signature. This protects you in case, a union boss “loses” your letter. We also recommend sending a copy of the letter to your employer’s payroll department.

Although the generic agency fee payer letter includes text noting that your objection is continuing and permanent, some unions will not respect this and will make you annually resubmit your refund request.

For a smooth exit, you may have to leave during specific opt-out timeframe or “window.” Ask your union for a copy of your signed enrollment form to determine when your window is.

Download a generic agency fee payer letter.

The second option is to become a religious or conscientious objector. If you would like to become a religious or conscientious objector, go to ChooseCharity.org. ChooseCharity.org includes a simple application process that requires no additional out-of-pocket costs.

Once the application is submitted, the ChooseCharity legal staff will take care of the rest of the process.

If you become a religious or conscientious objector, your full dues equivalent will be deducted but made payable a charitable fund exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code. You will not be a member of the union, but are still entitled to every benefit under the labor contract with your employer, including health care, pension, step increases, etc.

If you think you may want to become a religious or conscientious objector, it is important that you do not request to be an agency fee payer.

State laws can differ depending on your profession, please consult with an employee rights organization if you have questions about your specific situation.

More Information About Your Rights

All Employees:

National Right to Work Legal Defense Foundation

Workplace Fairness Institute

Your Rights (Center for Union Facts)

Unions and Union Dues (American Center for Law and Justice)

For Teachers:

Teacher Rights (AAE)

Coalition of Educators Against Forced Unionism

 

The bottom line is you, as an employee, should not be forced to pay dues to any entity you do not choose to without your consent. There is a reason private sector unionism is down: while pro-union proponents blame entities like CRI for being “anti-union” the reality is that the biggest push to end forced unionization comes from the employees themselves who are unionized and who see hundreds or thousands of union dues dollars taken from worker’s paychecks, especially at a time when household incomes are shrinking, to support political causes or union activities the rank and file do not agree with.

If you are interested in learning more about how you can legally leave your union and not pay union dues but still keep your job, please click on the links or call us at (302) 273-0080 or e-mail us at [email protected]

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