Abstract
The variety of themes and messaging in a union campaign are as wide as the imagination can travel. Some themes, however, are more common than others. One recurring theme is that of union discipline. The constitution and by‐laws of a labor organization often contain language about “trials” of and “fines” against members found to have been disloyal to the union cause. This is usually located somewhere in the fine print of documents that can span a hundred or more pages which very few voters will read. Management, however, should be prepared to inform employees of the very real threat that they could find themselves tried and fined by a union should they decide to vote one in. A real world example of such union punishment was recently highlighted by a U.S. Court of Appeals decision in Barger v. United Brotherhood of Carpenters and Joiners of America, Index No. 19‐3852 (6th Cir, June 25, 2021).
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