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April 18, 2014

But Wait! There's More: The 11th Right to Work Misconception

We'll take the liberty of adding an 11th item to Scott Witlin's excellent list of the top-10 most common right to work misconceptions.

11.  Right to work laws do not necessarily allow employees to immediately stop paying dues.

The devil's in the details. In numerous Indiana union shops, workers asked to be freed from their dues-paying obligations after Right to Work was enacted. Michigan employers may be experiencing this already as well. Some Indiana employers stopped deducting their union dues. But it's not the simple. As we have discussed before in this blog, employers must retrieve their employee's dues authorization cards before they can stop taking union dues from their paychecks. As the NLRB has previously held in several cases, the language in the dues authorization cards control as to when and how an employee can revoke his or her consent to the dues deductions.

© 2014 BARNES & THORNBURG LLP

About the Author

Gerald Lutkus, Labor and Employment Attorney, Barnes Thornburg, Law Firm
Partner

Gerald F. (“Jerry”) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where he is a member of the firm’s Labor and Employment Law and Litigation Departments. He practices in the areas of labor and employment law counseling and litigation, arbitration, collective bargaining, media law, including counseling of and defense litigation for media companies and commercial and business litigation.

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