To Unionize or Not to Unionize?

An employer’s obligation is only to bargain in good faith. One issue that may be confusing to employees is the concept of “good faith.” Employers do not have to accept the union’s terms. The only obligation that an employer has is to bargain in good faith (i.e., to listen and consider the union’s proposals). The employer is free to offer counterproposals or offer different terms. As a result, employees could end up with terms that are the same, better, or worse after collective bargaining is concluded. The potential for strikes. If an employer and union do not reach an agreement, the only recourse for the union is to strike. During the strike, an employee loses his wages and generally cannot collect unemployment benefits. In addition, in certain circumstances, an employer can permanently replace a striking employee. In light of the severity of strikes, employees should research how many strikes the union has required. Union dues, fees, and fines. When a union is hired to represent employees, all employees (even those who voted not to join) usually have to pay fees, dues, and possible fines to the union. These charges are commonly non-negotiable. Because the amount of such fees, dues, and fines can be substantial, employees should inquire about these issues and other union rules before the union election. Issues surrounding union elections are legally and factually complex. Therefore, both employers and employees should seek legal counsel when faced with such tough questions. An attorney at Mitchell Silberberg & Knupp LLP, Emma Luevano represents management in a variety of labor and employment matters, including sexual harassment and other forms of discrimination, public policy violations, wrongful termination, wage and hour issues, and retaliation.