USA: Cancellation of union dues blocked

The attempts by state legislators to outlaw union-management deals that allow union dues to be checked off directly from payrolls before salaries are paid, are being frustrated by advocates of the Taft–Hartley Act (LMRA) that cite SeaPak v. Indus., Tech. & Prof’l Emp., Div. of Nat’l Mar. Union, AFL-CIO as relevant case law. In a recent hearing before the federal district court in Wisconsin it was found that the right of an employee to cancel their union checkoff authorization on giving 30 days’ written notice under the state Right to Work Law was preempted by Sec. 302(c)(4) of the LMRA. This expressly permits dues checkoff authorizations so long as the deductions are not “irrevocable [by any employee concerned] for a period of more than one year.” Precedence of the LMRA was judged to be supported by the SeaPak Supreme Court decision.

Return to all news stories