Can my union force me to walk a picket protest and/or work for a political campaign?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can my union force me to walk a picket protest and/or work for a political campaign?

Per recent union decree: “Every active member of the union must fulfill his or her “Member Participation” requirement by volunteering up to 2 days per calendar year in union sanctioned events. Members will receive written notification of their randomly assigned Participation dates and the Locals will send each member a reminder call at least 2 days before the event. Members assigned specific dates may choose another union member to participate as a stand-in for a particular date and location. However, in the event the stand-in fails to participate in the scheduled activity, the assigned member will be held responsible for making up his/her assigned day. Each member who fails to take part in this program during the calendar year will be charged a dues assessment. The assessments are not meant to be punitive, but are designed to underscore the importance of union members coming out and supporting their union’s activities.”

Asked on October 2, 2011 under Employment Labor Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you are raising here are the underlying Constitutional issues that are just beneath the surface of this decree.  I think that if in fact you had an issue with the "union activity" and it went against your rights under the Constitution that you would have a valid gripe and a valid claim that your rights were being infringed upon.  Interesting.  Now, it does not specifically state that you HAD to o to a particular event and even gives you an out of finding a stand in or re-scheduling. The fine would be an issue as well if assessed because the event that was randomly chosen for you to attend cause this conflict for you.  Cross that bridge when you come to it or discus it with a Con Law attorney.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption