Independent Union

If your current union is overly expensive, unhelpful, or misaligned with you and your coworkers’ views and value—but you want to maintain some kind of union representation—replacing your corporate union with an independent union may be the way to go.

As the name implies, an independent union is self-governing and unaffiliated with any other state or national corporate unions. Independent unions are just as “real” as any other; once certified, they can collectively bargain with the employer, represent employees in grievances or disciplinary matters, and otherwise retain all the same legal rights and obligations as corporate unions, just without the cost and baggage that comes along with affiliation with a national, corporate union.

Independent unions often consist only of the employees in a specific workplace and are run by the members and elected officers, though they may hire staff or retain an attorney depending on the size and needs of the union. Because independent unions don’t answer to anyone but their local members, employees can exercise more control over their workplace representation and better ensure that their interests—and not those of a D.C.-based union—are prioritized.

Also, because they don’t owe anything to state, regional, or national affiliates, many independent unions find they can charge lower dues and still have more money to spend locally on representational work than under the corporate union model. And, just like any other union, independent unions may choose to provide member benefits such as professional liability insurance through third-party vendors.

The process of switching from a corporate union to an independent union generally looks much like decertification: If at least 30 percent of the employees in the “bargaining unit” petition to be represented by a new, independent union, the state labor board will hold a secret-ballot election in which employees can vote on whether to keep the incumbent union or switch to the independent challenger.

• Forming an independent union generally requires a core group of employee leaders to create a new non-profit entity, serve as the initial officers, write bylaws, and otherwise develop the infrastructure needed to ensure the new union can adequately represent employees in negotiations and other matters.
• Changing from a corporate union to an independent union may or may not be adversarial. In some cases, existing local union leaders may decide to lead the effort to switch to an independent union as a way to cut ties with state, regional, and national affiliates, though these affiliates will generally oppose such efforts.
• Switching to a new, independent union may involve forfeiting any funds or assets held by the previous local affiliate.
• As with decertification petitions, petitions to change unions are governed by state law, processed by independent state labor boards, and can generally be filed only within certain time parameters. Further, all employees in the bargaining unit can participate in the election, including those who are not members of either union.