Can employees, members of a union, participate in their employer's profit sharing/401(k) plan? There is no collective bargaining agreement between the employer and these union members. Any advice will be helpful. Thanks.

I don't see a problem with them being eligible for the employer's plan. Their benefits are not subject to a "good faith" bargaining agreement, so they are not a statutory exclusion and therefore should be by definition an eligible employee in the plan document.

Thank you jaemmons. That's what I thought but wanted someone else to confirm it.