In some states, an employee organization, or union, can be certified by a state entity, like a labor board or government employer, to be the “exclusive representative” of a group of employees, known as a bargaining unit. While the exact details vary by state law, the exclusive representative gains certain rights, such as being the only entity that can negotiate with the employer over employees’ terms and conditions of employment.

When it comes to grievances, some states allow nonmembers to represent themselves, at least in the first stages, while others permit unions to refuse to represent nonmembers in “individualized” grievances. The rules vary by jurisdiction, and the facts and circumstances of each situation vary.

NOTE: If you have questions about this topic, or think you have a legal issue, consider contacting a lawyer. Fairness Center lawyers represent clients for free and can be reached here or at 844.293.1001. We strongly encourage you to pursue with haste any legal claim you believe you may have, as the mere passage of time may prevent you from exercising possible legal claims.