Whether you have to pay union dues depends on three things: whether you work in the public or private sector, which state you work in, and which federal labor law covers your industry. Public employees anywhere in the country can refuse to pay any union fees. Private-sector workers in roughly 25 right-to-work states can also refuse. In the remaining states, a union and employer can make paying fees a condition of keeping your job — but even then, you cannot be forced into full membership or charged for the union’s political activities.
If You Work for the Government, You Don’t Have to Pay
Public employees at the federal, state, and local level cannot be required to pay union dues or fees of any kind. The Supreme Court ruled in Janus v. AFSCME Council 31 (2018) that forcing a public worker to subsidize a union violates the First Amendment, because a public-sector union bargains with the government itself and that bargaining is treated as political speech. 1Supreme Court of the United States. Janus v State, County, and Municipal Employees
Janus also changed how consent works. No money can come out of a nonmember’s paycheck unless the employee has “clearly and affirmatively” agreed in advance. 1Supreme Court of the United States. Janus v State, County, and Municipal Employees Silence is not consent. If a public employer is deducting union fees from your check and you never signed anything authorizing it, the deduction is unlawful no matter what state you live in.
If You Work in a Right-to-Work State, You Don’t Have to Pay
About 25 states have right-to-work laws, which prohibit contracts that make paying a union a condition of employment. In those states, private-sector workers cannot be fired or disciplined for refusing to join a union or pay any fees to one, even if a union represents the entire workplace. This power comes from Section 14(b) of the National Labor Relations Act, which lets each state decide the question for itself. 2Office of the Law Revision Counsel. 29 US Code 164 – Construction of Provisions
The list of right-to-work states isn’t fixed. Michigan repealed its right-to-work law in early 2024, so private employers and unions there can once again negotiate contracts requiring financial contributions. Confirm your state’s current status before assuming you’re covered.
If You Work Private-Sector in a Non-Right-to-Work State
Here your employer and union can enter a “union security” agreement that requires you to pay fees within 30 days of being hired. 3Office of the Law Revision Counsel. 29 US Code 158 – Unfair Labor Practices If your workplace has one of these agreements, refusing to pay anything at all can cost you your job.
But you still have two important rights.
First, you cannot be forced into full union membership. The Supreme Court held in Communications Workers of America v. Beck (1988) that the “membership” required under these contracts is limited to paying your share of the union’s representational costs. 4Justia. Communications Workers of America v Beck, 487 US 735 (1988) You can object to paying for anything else — political lobbying, social causes, organizing at other workplaces — and pay only the portion that covers collective bargaining, contract administration, and grievance handling on your behalf. To exercise this right, notify the union in writing that you object to paying for non-representational activities. The union must give you a breakdown of its spending so you can verify the reduced fee.
How much you save depends on the union. Some spend almost all of their budget on representation, so the reduced fee is close to full dues. Others devote large sums to politics, making the discount for objectors much bigger.
Second, the union still has to represent you. A union owes a duty of fair representation to every worker in the bargaining unit, regardless of membership status or whether you’re paying reduced Beck fees. 5National Labor Relations Board. Right to Fair Representation It cannot refuse to process your grievance because you opted out. If it does, you can file a charge with the National Labor Relations Board.
Unions are also required to tell covered employees about the Beck option. 6National Labor Relations Board. Employer/Union Rights and Obligations Many don’t do so clearly. The right exists whether or not your union publicizes it.
Airline and Railroad Workers Follow a Different Rule
State right-to-work laws don’t apply to airline and railroad employees. The Railway Labor Act has its own union security provision that overrides any conflicting state law, so your employer and union can require all employees to join within 60 days of starting work, even in a right-to-work state. 7GovInfo. US Code Title 45 – Railroads
“Joining” here means the same thing it does under the NLRA: you pay periodic dues, initiation fees, and assessments, but you cannot be fired for anything other than failing to make those payments. 7GovInfo. US Code Title 45 – Railroads You still have the right to object to paying for political activities, but you have to affirmatively tell the union — objection is not presumed the way consent is under Janus.
Religious Objections
Title VII of the Civil Rights Act requires unions and employers to accommodate workers with sincere religious objections to joining or financially supporting a union. 8U.S. Equal Employment Opportunity Commission. Section 12: Religious Discrimination The usual accommodation is to pay an equivalent amount to a mutually acceptable charity instead of the union.
The belief must be genuinely religious. A political or personal dislike of unions doesn’t qualify. You don’t need a letter from clergy or formal church membership to establish sincerity; the EEOC says your own credible explanation is usually enough, though statements from people who know you and examples of how you practice the belief can help. 8U.S. Equal Employment Opportunity Commission. Section 12: Religious Discrimination
How Much Are Union Dues?
Dues are commonly set as a percentage of your gross wages, often between 1% and 2% of pay. For someone earning $50,000 a year, that works out to roughly $40 to $85 per month. Some unions charge a flat monthly rate, and many collect a one-time initiation fee when you first join. The exact figures are set by each union’s bylaws and approved by its members, so amounts vary widely between industries and locals.
If you’re paying reduced Beck fees, your cost drops by whatever percentage the union spends on non-representational activities.
How to Stop Paying
If you have the right to stop (public employee, right-to-work state, or exercising Beck rights for a reduced fee), the process takes deliberate steps. A verbal request is not enough.
- Send a written resignation letter to your union local stating that you resign your membership. Use certified mail so you have a paper trail.
- Separately notify your employer’s payroll department in writing that you revoke any dues check-off authorization. Resigning from the union and revoking payroll authorization are two different actions, and skipping either one can leave the deductions running.
- Watch for window periods. Many contracts restrict when you can revoke your payroll authorization to a short window, sometimes as narrow as 15 days before the anniversary of your authorization or the expiration of the collective bargaining agreement. Miss the window and you may be locked in until the next one opens.9Justia. Barlow v Service Employees International Union, No 21-3096 (3d Cir 2024)
- Check your pay stubs after submitting both notices to confirm the deductions actually stop. Catching an error early is easier than clawing back months of wrongful deductions.
If Deductions Continue After You Resign
If your employer or union keeps taking fees out of your check after you’ve properly resigned and revoked authorization, file an unfair labor practice charge with the NLRB regional office where the violation occurred. 10National Labor Relations Board. How to Enforce Your Rights You don’t need a lawyer, and anyone can file — the charge doesn’t have to come from the affected worker.
The deadline is six months. You must file and serve the charge within six months of the unlawful deduction or the NLRB will not process it. 11National Labor Relations Board. Charge Filing Instructions If deductions keep hitting your paycheck each period, each new one restarts the clock for that payment, but older ones fall out of reach as they age past six months. Keep copies of your resignation letter, your revocation notice, and every pay stub showing a continued deduction. That documentation is what any charge will rest on.