UNION UNFAIR PRACTICES; DEFENSES – Internal Union Procedures

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Notwithstanding a “maintenance of membership” clause permitting employees to withdraw from union membership only during the last 30 days before expiration of the contract, union members were entitled to withdraw from membership after expiration of the contract but before the parties entered into a successor agreement. By requiring the parties to continue to abide by the terms of the expired agreement until a new agreement or impasse is reached, Dills Act section 3517.8 effectively imposes the existing contractual terms on the parties on a day-to-day basis. Accordingly, by refusing to honor members’ requests to withdraw from membership after expiration of a collective bargaining agreement, the union violated their rights under Dills Act sections 3513(i), 3515 and 3519.5(b).