350 Human Resources Management for Public and Nonprofi t Organizations
Union Security
Labor - management relations acts contain provisions for union security
devices that address the degree to which unions can compel union member-
ship or mandate the payment of dues to support their activities. Most contracts
in the nonprofi t and private sectors contain some kind of union security
provision, and union security provisions are articulated in each state ’ s public
employee relations act. Neither the LMRS nor the Postal Reorganization Act
of 1970 permits any form of required membership as a condition of employ-
ment. Federal employees are free not to join unions. The different types of
union security provisions are explained in the following paragraphs.
Most contracts in the nonprofi t and private sectors contain some kind
of union security provision, and union security provisions are articulated
in each state ’ s public employee relations act.Closed Shop Under a closed shop agreement, an employer was not permitted
to hire anyone who was not already a member of the union. Closed shop
arrangements became illegal in the private sector under Section 8(a)(3)
of the Labor - Management Relations Act, 1947, as amended. These
arrangements have always been prohibited in the public sector because they
infringe on the employer ’ s prerogative in determining employment standards,
as well as restrict the selection of new employees.Union Shop Under a union shop provision, all unit employees are required
to join the exclusive bargaining representative after being hired. An employer
operating under this agreement may hire employees who are not members
of the union. However, the nonunion employees must join the union within
the period specifi ed in the agreement, which is usually thirty days, and
remain a member of the union as a condition of continued employment.
Compulsory membership by a certain date after employment prevents
free riders: employees who are not union members but benefi t from union
negotiations without paying their share of the union ’ s operating expenses.
Free riders are a particular problem in the federal government, where
union shops are prohibited.Agency Shop Under an agency shop agreement, all unit employees,
whether or not they are union members, are required to pay a service fee
to the exclusive bargaining representative. The service fee is designed to
make nonmembers pay their share of the expense of representing all of
the unit employees.