Union Free America

Public Employees:

Public employees face different situations staying union free depending on the state in which they work.

The National Labor Relations Act covers most workers on private payrolls, except in the railroads and airlines where they are subject to the Railway Labor Act.  National Labor Relations Act doesn't cover any public employees.

It's probably a good thing that it doesn't. If there were a federal law covering public employment you can just bet that it would be as pro union as possible. As it is some states have very pro union laws, while other states have less pro union laws and some states have no law at all for unionism in public employment.

Compulsory unionism isn't as common in public employment. Only 21 states have laws that allow union contracts forcing employees who don't want or need a union to either join the union or pay the union a fee as a condition of employment.  All the state public sector collective bargaining laws grant unions monopoly status.  So, even if you aren't a union member and don't have to pay a fee you still have to accept union representation where a union has been certified as a representative.

Every state public sector unionism law contains provisions for decertifying a union as a representative.  Each law is a bit different. If you are interested in leaning the provisions of the law in your state for decertifying a public sector union, send us an e-mail and we will research them for you.

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