Union Unlawfully Disciplined / Fined Member After He Resigned

An Evansville, Indiana electrician submitted a notarized resignation from the IBEW and soon after purchased a non-union electrical company. The union claimed his resignation would not take effect for six months and charged him internally for refusing to sign a Letter of Assent that would have made his new company union-signatory. IBEW Local 16 then found him guilty of violating union rules and issued a $1.29 million fine.

The electrician, represented by the National Right to Work Legal Foundation, filed charges with the NLRB. The case was decided in his favor: the NLRB ruled the fine was retaliatory and that the union cannot discipline someone who has already resigned membership. The union was required to drop the fine, inform workers of their right to resign without a waiting period, and post the settlement on its website.