1. Jimmy Ryan is a nonunion employee. As a condition of his employment with Sun

Question

1. Jimmy Ryan is a nonunion employee. As a condition of his employment with Sun Aerospace, he is required to pay union dues. Ryan claims Sun Aerospace does not have the right to assess the collective bargaining unit’s service fee. Do you believe Ryan’s assessment is correct?

2. Tanya Gilbert and 12 of her co-workers were terminated by Asteroid Enterprises after signing union authorization forms. They claim that Asteroid’s action was antiunion and thus constituted an unfair labor practice. How would you advise Gilbert to proceed?

Explanation / Answer

2. Tanya Gilbert needs to check whether her state comes under the right to work law.

Right to work state does not discriminate or compel employees to join or not to join any labor union. Any employee can’t be denied employment based on his being or not being a member of any kind of labor union.

Around 28 states have the right to work law. Some of those states are Arizona, Texas, Michigan, etc. The basic advantages of this right are:

If the state is indeed a state with right to work law, then Tanya and her colleagues have full rights to sue Asteroid enterprises. Also in general, it is the basic right of the employee to decide whether he wants to be a part of trade union or not. The company can have no involvement in such a decision and the company cannot conduct any kind of discrimination, based on union registration of employees. Asteroid Enterprise can be sued in either case.

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