Effective January 7, 2017, the Kentucky Right to Work Act became the topic of strong debate between the business and union community. Below are answers to Frequently Asked Questions regarding the legislation.
What is a right-to-work state and why does it matter to me? A right-to-work state is a state that has enacted a law that makes it unlawful for an employer or union to force an employee to join a union or pay dues or fees to the union in order to keep their job. The Kentucky Right to Work Act allows employees the freedom to choose whether to join a union and whether to pay union dues and fees. Provisions in existing labor contracts requiring employees to pay dues or fees will remain in effect until the contract expires.
Now that Kentucky is a right-to-work state, does this mean the union no longer represents the employees and that the employer is now non-union? No. The union will continue to represent the employees as it did before the law was passed and employers must continue to recognize and bargain with existing unions.
Does this mean the labor contract is no longer in effect? No. The labor contract will remain in effect until the contract expires or until new contract terms are negotiated by the union and the employer.
Can union members just resign their union membership now that the right-to-work law has passed? Yes, if a member chooses to do so. Even if the labor contract contains a union security clause requiring an employee to join and remain a union member to keep his or her job, the employee may resign the union membership at any time by notifying the union in writing that he or she has elected to resign the union membership effective immediately. If the employee decides to resign the union membership, he or she should read the union’s Constitution and determine to whom the written resignation should be sent. After resigning, the employee is no longer subject to union rules, discipline, fines, special assessments, and the like.
If members resign their union membership, will they still have to pay union dues? No, a resigned member is not required to pay union dues. However, if the labor contract has a union security clause, the member must pay to the union an “agency fee” as long as the current labor contract is in effect. An agency fee is the member’s share of the amount that the union can prove it spends as costs of collective bargaining, contract administration, and grievance adjustment. The member must notify the union and the employer in writing that he or she chooses to exercise the right to pay only an agency fee, that he or she will not pay for the union’s political activities and that he or she objects to the use of the payment for purposes other than collective bargaining, contract administration, and grievance adjustment. If the member decides to pay only an agency fee, he or she should review the union’s Constitution and determine to whom at the union should be notified of the decision.
When the current labor contract expires, will employees still have to pay an agency fee? No. After the current labor contract expires, employees will not be required to pay any monies whatsoever to a union to get a job or keep their job.
Can employees be required to join a union after the current labor contract expires? No.
If an employee voluntarily remains a union member, can he or she stop paying dues to the union? As long as an employee is a union member, he or she must continue to pay all dues, fees, assessments, and the like that are required by the union’s Constitution. If employees have other questions or would like more information, who can they call? They can contact the National Right to Work Legal Defense Foundation and obtain free information at (800) 336-3600. The Foundation has established a task force to assist employees who have questions and to defend their rights under the new law.
Paycheck Protection Act Passed Effective January 7, 2017, the Paycheck Protection Act prohibits employees from being enrolled in a union without their written request. It also requires that employees authorize in writing or electronically the deduction of any union dues or fees.
Update/FAQ compliments of HR Service, Inc.