3.28 - B. Scope Of Prohibition On Union Misconduct

• Jurisdiction: New York

b. Scope of Prohibition on Union Misconduct

The Taylor Law arguably applies to any type of conduct by a union that prejudices an employee in the exercise of his or her statutory rights.²⁰⁹¹ Accordingly, threats or misrepresentations by the union that tend to coerce employees into joining a union are prohibited.²⁰⁹² So too are other actions by a union that otherwise interfere with employee choice. In Westchester County Civil Service Employees Association,²⁰⁹³ for example, the Board affirmed the decision of an ALJ holding that a union, which was not the representative of the unit employees, violated the Taylor Law when it negotiated a sick-leave benefit for those employees with their employer. The negotiation of terms and conditions of employment of the unit employees by a union that was not their representative per se interfered with the unit employees’ right to be represented by the union chosen by them.

Prohibited conduct is not protected simply because it is in accordance with a collective bargaining agreement if such conduct effectuates a prohibited result.²⁰⁹⁴ For example, a violation of the Act was found where a provision in a collective bargaining agreement denied employees the right to discontinue a dues deduction authorization except within a specified time.²⁰⁹⁵

In County of Suffolk (Glasheen),²⁰⁹⁶ the Board held that even if a communication between the union and the employer...