Legally, the answer is yes. Under federal law, once a union is certified as the exclusive bargaining representative, it must represent all employees in the unit fairly, in good faith, and without discrimination—regardless of union membership or whether they pay dues. (FLRA Statute § 7114)
So, if the union refused to represent you solely because you are not a dues-paying member, that may be a violation of their duty of fair representation. You can file a charge with the National Labor Relations Board (NLRB).
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In Florida, is a union required to represent an employee that is not paying dues?
I understand your concern. Is the employee in question part of a union contract or agreement?
The employee is covered by a union contract.
Have there been any specific issues or disputes between the employee and the union regarding dues payment?
No, not until representation was requested.
Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with your representation request.
Yes.
Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts. Are you the employee in question here?
Yes.
I'm so sorry about that! Did they not represent you? Did they ever explain why?
They refused to represent me, saying I’m not a dues-paying member.
Understood! So you're just wondering what your rights are here, correct?
I’m in Florida, which is a right-to-work state, and my understanding was that I receive representation regardless of dues status.
Legally, the answer is yes. Under federal law, once a union is certified as the exclusive bargaining representative, it must represent all employees in the unit fairly, in good faith, and without discrimination—regardless of union membership or whether they pay dues. (FLRA Statute § 7114)
So, if the union refused to represent you solely because you are not a dues-paying member, that may be a violation of their duty of fair representation. You can file a charge with the National Labor Relations Board (NLRB).
Ok. Great. I appreciate your time.
