What does it mean when employees don't pay their fair share? What is their message to other employees who do pay?

Under the National Labor Relations Act, unions elected to represent employees on wages, hours, and conditions of employment have a responsibility to represent all covered employees, regardless of their membership status. Unions undertake comprehensive representation regardless of membership as a matter of course, since only through strong and consistent representation of all covered employees can the union build and maintain a strong contract and a strong work place presence.

Article 6 of the ANA/ASU contract requires that all employees covered by the contract will either "become or remain members of WBNG-ASU" and pay membership dues as required by the Guild or instead of becoming a member, pay a service charge in the same amount as the dues. It is a condition of employment at ANA that employees in the bargaining unit covered by WBNG-ASU must pay the agency fee or join the union as a member. It is entirely the employee's decision about joining the union or paying the agency fee. Agency fee payers are not union members, and therefore cannot vote at contract ratification or on union business. But employees who refuse to pay even the agency fee are subject to discharge by the ANA.

This structure is referred to as the "Agency shop". An agency shop assures that all covered employees are contributing to the costs of representation and bargaining. The union goes to the table to strengthen all ASU unit members' rights and economic benefits-wage increases, progressive benefits such as parental and educational leave, layoff protection and a safety net in the event of layoff. After the contract is ratified, the union polices and enforces it every day, and represents the interests of employees in discipline, discharge, discrimination, and other actions. The union expends tremendous resources in these activities, and prepares, as well, for the possibility of membership-approved strikes or other job actions that require economic and legal support to unit members.

The union, therefore, relies upon agency fees and union dues to carry out all of these activities on behalf of the covered employees, member and non-member alike. Non- members get the wage increases, the grievance arbitration (costs borne by the union), and all the benefits of the negotiated contract. Thus, all employees who benefit contribute to the costs of a strong union. It's only fair.

Fortunately at ASU, where employees were almost forced out on strike last winter, nearly all unit members are members or paying their agency fee. Free riders who refuse to meet their financial obligations will not be tolerated, and the Guild, after appropriate notification to the employee, will direct ANA to meet its contractual requirement "to discharge the employee upon the written request of WBNG-ASU" (Article 6, section 6.4).

Harassment, Discrimination? Where Do You Go at ANA?

The Guild contract prohibits discrimination on the basis of race, gender, religion, national origin, age, political affiliation, marital status, veteran status, disability, sexual orientation, and participation in union activities. Federal law also prohibits discrimination on the basis of a number of these factors. But what's an ANA employee to do when he or she believes himself or herself to be a victim of discrimination?

Currently, there is no ANA policy or process for the Employer to receive and investigate an employee's allegations. While the contract does provide that charges of discrimination may be grieved, this is hardly the best first step for addressing such sensitive issues.

Many employers of ANA's size have recognized the importance of an Equal Employment Opportunity Compliance office, or some similar department, which exists as a place for employees-including managers-to bring concerns regarding discriminatory practices. Such concerns are heard, and investigated, in a confidential manner by the Employer's representative, and appropriate action taken to correct problems once documented. In concert with mandatory training programs for all staff on discrimination and harassment issues in the workplace, an EEO office can be an effective start to ending such work place abuses.

The Guild continues to encourage ANA to establish, in concert with the Guild, a clear mechanism for receiving and responding to employee charges in a manner, which is confidential, non-retaliatory, responsive, and corrects the problem. The current chasm in this area adversely affects all employees, and remains a potential area of liability for ANA.

Discipline and Discharge and the Just Cause Standard

The Guild-ANA contract provides that "ANA has the right to discharge, suspend, or otherwise discipline any employee for just cause" (Article 31.1). This is a high standard that protects Guild covered employees by assuring that discipline is not arbitrary or capricious, and that work rules and policy are enforced even handedly.

The just cause standard as interpreted by an arbitrator (and the Guild has the right under the grievance procedure to take any unresolved grievance to binding arbitration) means that the employer must meet several tests:

1) Was the rule or policy for which the employee was disciplined known to the employee? The employer has the duty to inform employees of work rules, and of the consequences of violations.

2) Was the rule reasonably related to the efficient operation of the workplace?

3) Did the employer conduct a full and fair investigation?

4) Did the investigation produce substantial evidence of guilt?

5) Does the employer enforce the work rule in an even-handed way, without discrimination?

6) Was the penalty reasonably related to the seriousness of the offense and the employee's past record? A suspension for a first time late arrival is too harsh, for example.

7) Was the discipline progressive? Arbitrators often agree that the lowest level of discipline that corrects a problem should be applied. For instance, a first offense may call for a verbal warning, with subsequent violations resulting in written warnings or suspension.

In discipline/discharge cases, the employer ALWAYS meet this just cause standard if discipline is to withstand union challenge.