Maintenance of membership agreements are a type of union security agreement in which employees that are union members at the signing of a collective bargaining agreement (CBA) must remain union members until they are no longer part of the bargaining unit or the CBA expires. Under a maintenance of membership clause, employees that join a union after the CBA is formed must likewise maintain their union membership for the duration of the CBA. However, nonmembers do not need to join the union, and current members may renounce membership within a time period specified in the agreement or in between agreements. Failure to comply with a valid maintenance of membership clause may result in termination of employment. Maintenance of membership clauses are usually not as strong as agency shop clauses in ensuring union security.
In Janus v. AFSCME, 585 U.S. (2018) the Supreme Court ruled that collecting these fees from non-consenting public sector employees was a violation of the First Amendment.
[Last updated in July of 2023 by the Wex Definitions Team]