Can Unions Discipline Their Own Members?

By L. Spriggs / Question submitted anonymously

Member Question: "I've had to explain to a number of people that the union doesn't work to discipline 'bad' teachers. Maybe you could provide an explainer of why that is and what the options are?"

For one thing, unions are legally forbidden from violating the rights of their members, so taking on the role of punishment risks complicated and expensive court cases when they get it wrong, which often means dolling out punishments is not really worth the risk unless it’s to expel a member for something particularly egregious, such as embezzlement, assault, or abuse of power.

The only other real recourse unions have besides expulsion is fining, and fines have been challenged in the courts time and again, with unions often losing those cases. Again, pursuing fines is not really worth the risk of drawn-out court cases in most situations. Either way, fines are typically reserved for crossing picket lines or other union-related issues.

Regardless, unions exist to empower workers, protect their rights, and improve working conditions, not to add additional layers of management. 

Furthermore, punishing employees is management’s responsibility, and when a union performs that role it lets management off the hook for actually managing the workplace. Instead of asking why unions don’t punish members, it might be better to ask why management isn’t using the many tools at its disposal to motivate, discipline, or fire employees who aren’t passing muster.
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Finally, employers like to argue that they're afraid of dolling out punishments because the union is too powerful, but a well-managed workplace that follows legal precedent and doesn't violate the rights of its employees in the process really has nothing to fear from unions. The real problem is that many workplaces are simply poorly managed...