A union security clause is a provision in a collective bargaining agreement that requires employees, as a condition of employment, to join or maintain membership in the certified union. Common forms include the closed shop (only union members may be hired and employees must remain members), the union shop (new hires must join the union within a set period), and maintenance of membership (employees who are members must remain so during the CBA's life). These clauses are generally valid because they strengthen the union and are freely agreed upon in the CBA. An employee who is validly expelled from or refuses to maintain union membership can be dismissed pursuant to a valid union security clause, but the dismissal must observe due process. There are limits: union security clauses generally cannot be enforced against employees who were already members of another union or who are religious objectors (members of religious sects that prohibit union membership), and enforcement must be in good faith and not used to unjustly remove workers.
What a Union Security Clause Is
A union security clause in a CBA requires employees, as a condition of employment, to join or maintain membership in the certified union.
Common Forms
- Closed shop — only union members may be hired, and employees must remain members;
- Union shop — new hires must join within a set period; and
- Maintenance of membership — members must remain members during the CBA.
Validity and Limits
These clauses are generally valid. An employee validly expelled or refusing membership can be dismissed under the clause — but with due process. Limits: they generally cannot be enforced against religious objectors or employees already belonging to another union, and enforcement must be in good faith.
Practical Takeaways
- A union security clause can make union membership a condition of employment;
- Forms include the closed shop, union shop, and maintenance of membership;
- Dismissal under it needs due process, and religious objectors are generally exempt.
Frequently Asked Questions
What is a union security clause? A CBA provision requiring employees, as a condition of employment, to join or maintain membership in the certified union, in forms such as the closed shop, union shop, or maintenance of membership.
Can I be fired for not joining the union? Under a valid union security clause, an employee who is validly expelled from or refuses to maintain union membership can be dismissed, but the dismissal must observe due process.
Are religious objectors covered? Generally no. Union security clauses usually cannot be enforced against members of religious sects that prohibit union membership, who are treated as exempt.
Are union security clauses legal? Yes, generally. They are valid provisions freely agreed upon in the CBA that strengthen the union, subject to due process and the recognized limits.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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