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Union Resignation Sample Letter

The following information reprinted with the permission of the National Right to Work Legal Defense Foundation. Such information is not intended to provide legal advice about specific situations. There is no intention to create an attorney-client relationship by offering this information, and anyone’s review of the information shall not be deemed to create such a relationship. For free legal aid about these matters, it is highly recommended that you contact the legal experts at the National Right to Work Legal Defense Foundation.


Sample Union Resignation Letter
for Public Sector Employees in a non-Right to Work State

Below is a sample union resignation letter. You should check your union's constitution and bylaws to see if it is specific to whom a resignation must be sent. Send the original to the union, send a copy to your employer, and save a copy for your files.

*Religious Objectors should not use this letter to resign their union membership.

LETTER TO UNION:


CERTIFIED MAIL, RETURN RECEIPT REQUESTED


_______________________ (Appropriate Union Officer)

_______________________ (Union Name)

_______________________ (Union Address)


Dear Sir or Madam:


I hereby resign as a member of _______(union)_______. My resignation is effective immediately. I will continue to meet my lawful obligation of paying a representation fee to the union under its "union security" agreement with _______(employer)_______.

Furthermore, I object to collection and expenditure of a fee for any purpose other than my pro rata share of the union's costs of collective bargaining, contract administration, and grievance adjustment, as is my constitutional right under Abood v. Detroit Board of Education, 431 U.S. 209 (1977). Pursuant to Chicago Teachers Union v. Hudson, 475 U.S. 292 (1986), I request that you provide me with my First Amendment procedural rights, including: reduction of my fees to an amount that includes only constitutionally chargeable costs; notice of the calculation of that amount, verified by an independent certified public accountant; and notice of the procedure that you have adopted to hold my fees in an interest-bearing escrow account and give me an opportunity to challenge your calculation and have it reviewed by an impartial decision-maker.

[If you pay dues by payroll deduction, include the following: Accordingly, I also hereby notify you that I wish to authorize only the deduction from my wages of representation fees limited to those costs that are lawfully chargeable under the First Amendment to the United States Constitution. If I am required to sign a form to make that change, please provide me with the necessary form.]

Please reply promptly. Any further collection or expenditure of dues or fees from me made without the procedural safeguards required by the First Amendment to the United States Constitution will violate my civil rights under the Federal Civil Rights Act of 1871, 42 U.S. Code § 1983, and the U.S. Constitution.

Finally, please consider this objection to be permanent and continuing in nature.


Sincerely,

__________________________________ (Name printed)

__________________________________ (Signature)

__________________________________ (Street Address)

__________________________________ (City, State and Zip Code)

__________________________________ (Date)


cc: [Name of employer]


LETTER TO EMPLOYER:


CERTIFIED MAIL, RETURN RECEIPT REQUESTED


_______________________ (Employer department responsible for payroll deductions)

_______________________ (Department Address)


To [appropriate payroll department management employee]:


Today I submitted my resignation from _______(union)_______. A copy of my letter to the union is enclosed. I will continue to meet my lawful obligation of paying a representation fee to the union under its "union shop" or "agency shop" agreement with _______(employer)_______.

Furthermore, I object to the collection and expenditure by the union of a fee for any purpose other than my pro rata share of the union's costs of collective bargaining, contract administration, and grievance adjustment, as is my right under Ellis v. BRAC, 466 U.S. 435 (1984). Pursuant to Chicago Teachers Union v. Hudson, 475 U.S. 292 (1986), I request that you ensure that the union provides me with my procedural rights, including those outlined in my letter to the union. If it does not, I ask that [name of employer] provide them.

[If you pay dues by payroll deduction, include the following: Accordingly, I also hereby notify you that I wish to authorize only the deduction from my wages of representation fees limited to those costs that are lawfully chargeable under the First Amendment to the United States Constitution. If I am required to sign a form to make that change, please provide me with the necessary form.]

Please reply promptly to my request. Any further collection or expenditure of dues or fees from me made without the procedural safeguards required by law will violate my rights under the Federal Civil Rights Act of 1871, 42 U.S. Code § 1983, and/or U.S. Constitution.


Sincerely,

__________________________________ (Name printed)

__________________________________ (Signature)

__________________________________ (Street Address)

__________________________________ (City, State and Zip Code)

__________________________________ (Date)

© 2008 National Right to Work Legal Defense Foundation




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