Union Must Treat All Bargaining Unit Members The Same-Even Non-Members

Puget Sound Area Local, 352 NLRB No. 98 (June 30, 2008), is an important NLRB decision because it reminds us that unions must treat all unit members the same-even non-member unit members. This is because the union represents the entire unit.  Thus, the Board held that the union violated Section 8(b)(1)(A) when it distributed settlement proceeds to union members only. The Board reasoned:

“It is well settled that Section 8(b)(1)(A) of the Act prohibits unions, when
acting in a statutory representative capacity, from taking
action against any employee upon consideration or upon
the basis of classifications that are irrelevant, invidious,
or unfair.” See Steelworkers Local Union No. 2869 (Kaiser
Steel Corp.), 239 NLRB 982, 982–983 (1978). Consistent
with this principle, the Board has found that a
union violates Section 8(b)(1)(A) when it discriminates
against unit employees solely on the basis of their nonmembership
status as such discrimination necessarily
coerces employees in the exercise of their Section 7
rights to join or refrain from joining a labor organization.
See, e.g., Stagehands Referral Service, 347 NLRB No.
101, slip op. at 4 (2006) (finding that union violated Section
8(b)(1)(A) by refusing to refer hiring-hall registrant
based on his nonmembership status); United States
Postal Service, 345 NLRB 1203 (2005) . . .

Mitchell H. Rubinstein