Although federal law allows unions in Connecticut to require all employees to pay dues or fees as a condition of employment—since the state does not have Right to Work protections—union membership itself cannot be mandated. In states with Right to Work laws, both union membership and financial support are voluntary.
Utley described his experience: “Instead of letting me exercise my right to leave the union and go back to work during the strike, IAM union bosses just insulted me and kept stonewalling. It’s almost like they wanted to trap me in the union just so they could subject me to internal discipline and punish me for daring to disagree with them.”
According to Utley’s filing, he called IAM Local Lodge 700 President Wayne McCarthy before the strike began and expressed his intent to resign from the union. Utley says McCarthy responded with insults, refused to explain how resignation could occur, said “good luck with that,” and ended the call. When Utley tried other ways to resign, Vice President Chuck Hermann allegedly told him that he would have to remain a formal member or face termination.
Several months after the strike ended, Utley learned that IAM officials were pursuing disciplinary action against him for working during the strike. His charge asserts that calling him before a union tribunal after he resigned violates his rights under the National Labor Relations Act.
National Right to Work Foundation President Mark Mix commented: “Instead of convincing workers to voluntarily support their agenda, IAM union officials are trying to turn Mr. Utley into an example of what happens when workers defy them.” Mix added: “Federal labor law unambiguously permits workers to decline formal union membership and to continue to work during union-ordered strikes. But IAM bosses misled Mr. Utley about his rights so they could attempt to subject him to their illegal retaliation.”
Mix also stated: “Foundation attorneys stand ready to provide legal aid anywhere in the country to defeat union bosses’ attempts to discipline workers for making decisions about their own livelihoods.”