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UNION CONSTITUTIONS: TOOLS FOR CONTROL

WHAT IS A UNION CONSTITUTION?

Federal law allows unions to "establish and enforce rules of membership."  These rules of membership are generally known as the union's constitution.

At the local level, locals will often have supplemental rules called bylaws.  While most union members have heard of bylaws, many have never heard of a union constitution.  Yet, it is the union constitution that, in most cases, is the controlling document of the entire union (and its members).

For union members, these documents (union constitutions and bylaws) are often seen as a contract between the union and the members (at all levels).  This means that they are enforceable.

If, for example, you are a union member and you were to violate a union's constitution (or a local's bylaws), most unions would be able to place you on union trial.  If you were to be found guilty by a union trial board, most unions would have the ability to
fine you money, suspend your membership or kick you out of the union (that's called expulsion).  If you were to refuse to pay a union's fine, the union could take you to a court of law in order to force you to pay.

Union trials happen more than most unions admit and, often, they are a result of a union member not knowing his or her membership responsibility to the union.


To read more about union fines, go here.
WHAT ARE UNION MEMBERS TYPICALLY PUT ON TRIAL FOR?

The most common thing members are put on trial for by their union is for working during a union-called strike.  However, there are other things that members have been put on trial for as well.

By way of example, these would include:


  • Attempting to decertify the union
  • Attempting to replace the member's existing union with another union (this is also called dual unionism)
  • Working for an employer that is on a union's 'unfair list'
  • Working for an employer who's employees are on strike
  • Working non-union (primarily for construction trade union members)
  • Violating any provision within the union's constitution, local bylaws, or other union directives

FOR SPECIFIC EXAMPLES OF WHAT UNIONS CAN PLACE MEMBERS ON TRIAL FOR, GO HERE.
 

IF YOU HAVE BEEN TARGETED FOR UNIONIZATION GO HERE.

 


 
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All information and materials on 1-888-NO-UNION.COM are free. The information and materials on this site are for informational purposes only. Nothing on this website constitutes, nor should it be viewed as legal advice or advice to either employees or employers. Moreover, the information provided on this site should NOT be construed as advice for employees on how to exercise your NLRA Section Seven Rights. If you have a legal question, you are strongly encouraged to consult with your attorney (as an employer) or contact us should you need a referral to legal counsel. Further, should you request an answer to a question, you agree that any answer to any question does not constitute legal advice, or advice of any nature, but is purely for informational purposes.

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