Special Notice to Public Employees: How to Protect Your Rights in Advance of Ruling in Janus v. AFSCME Supreme Court Case
National Right to Work Foundation offers free legal aid to public sector employees ahead of court case that could end forced union fees
Washington, DC (October 24, 2017) – On September 28, the United States Supreme Court agreed to hear Janus v. AFSCME, which challenges mandatory union fees for public employees as a violation of the First Amendment. If the High Court agrees with Janus and his Foundation staff attorneys, the ruling would create a precedent protecting every public employee from being forced to subsidize union activities, including teachers, police officers and firefighters who currently pay mandatory dues or fees.
Mark Janus, an Illinois civil servant childcare worker, filed the case with free legal aid from the National Right to Work Legal Defense Foundation and the Illinois-based Liberty Justice Center. Oral arguments in the case are expected to occur in January 2018 with a ruling most likely in June 2018. National Right to Work Foundation staff attorney William Messenger will argue for Janus at the U.S. Supreme Court.
Fearing a ruling against forced union dues, union officials nationwide are already responding with schemes designed to limit the ability of workers to utilize a ruling that they can no longer be required to pay union dues or fees. In some instances union organizers are pushing workers to sign cards that authorize dues payments in perpetuity “irrespective of union membership” unless the worker revokes the authorization in a union-determined two week period.
Although Foundation staff attorneys question the legality of such cards, the special legal notice reminds workers that signing such a card could limit their legal options later. Workers should be very cautious about signing anything from a union, no matter the reason union officials give. In many documented instances, especially during coercive union card check campaigns, union organizers have solicited signatures under misleading or false pretenses.
The full notice can be found online at: http://www.nrtw.org/Janus-Legal-Notice
Mark Mix, President of the National Right to Work Legal Defense Foundation released the following statement regarding the notice and offer of free legal aid.
“Unfortunately, there is a long history of union officials refusing to accept limits on their forced dues powers. Rather than respect the decisions of workers who do not want to subsidize union activities, invariably after Foundation-won legal precedents or enactment of state Right to Work laws, union officials attempt to block the very workers they claim to represent from exercising their rights.
“Given that a Foundation win in the Janus case could free 5.2 million teachers and other public employees from forced union payments, it is not surprising to see that Big Labor is already working overtime to prevent workers from escaping forced dues. In response, Foundation staff attorneys have issued a special legal notice, warning workers against signing any new dues authorizations that could later limit their options. Every worker should know they can turn to the National Right to Work Legal Defense Foundation for free legal assistance and advice in their battle against Big Labor.”
Special Legal Notice: What Mountain State Workers Need to Know Now That West Virginia’s Right to Work Law is in Full Effect
National Right to Work Foundation offers free legal aid to West Virginia workers seeking to exercise right to end forced union payments
Morgantown, West Virginia (October 18, 2017) – Recently, West Virginia’s Supreme Court ruled in favor of the State’s Right to Work law which protects workers from being forced to join or fund a union they do not support. This law is now in full effect.
With the ruling, National Right to Work Legal Defense Foundation staff attorneys have issued a special legal notice for all West Virginia employees. Under the state’s Right to Work law, union membership and payment of union dues or fees are strictly voluntary. However, union officials frequently use underhanded or illegal tactics to block workers from cutting off union payments. The special notice is designed to help workers overcome such tactics.
The notice can be found here: http://www.nrtw.org/WVSpecialLegalNotice/
Mark Mix, President of the National Right to Work Legal Defense Foundation released the following statement regarding the notice and offer of free legal aid:
“Union officials across America continue to waste tax dollars and workers’ money by making outlandish legal claims in their attempts to hold onto their power to have a worker fired for refusing to pay money to the union. Right to Work laws have long been upheld by appellate courts, including the U.S. Supreme Court, so it is not a surprise that the West Virginia Supreme Court rejected the arguments against the Mountain State’s Right to Work law.
“Still, it is important that all workers in West Virginia understand their rights and protections under West Virginia’s Right to Work law, as union officials frequently attempt to block workers from using the protections established by Right to Work laws. Any worker seeking to exercise their rights under West Virginia’s Right to Work law should know they can turn to the National Right to Work Legal Defense Foundation for free legal assistance. ”
Employees seeking more information about their rights under the law, or in need of assistance in exercising those rights, can call the Foundation’s legal hotline toll-free at 1-800-336-3600, e-mail firstname.lastname@example.org, or contact the Foundation online at www.nrtw.org/free-legal-aid to request free legal assistance.
Labor Board to Prosecute CWA Officials for Over $38,000 in Illegal Retaliatory Strike Fines Against Verizon Workers
NLRB: Union officials are violating federal law by continuing to illegally fine workers for exercising right to resign from the union and return to work during 2016 strike
Brooklyn, NY (October 16, 2017) – The National Labor Relations Board (NLRB) has issued a complaint against Communications Workers of America Local 1109 union officials after they attempted to illegally fine two Verizon workers nearly $40,000. The complaint was issued after NLRB investigators found merit to charges filed against the CWA Local 1109 officials by National Right to Work Legal Defense Foundation staff attorneys for Verizon employees Pamela Ivy and Cheryl Allison.
In April 2016, International Brotherhood of Electrical Workers (IBEW) and CWA union officials announced a coordinated work stoppage at Verizon facilities and ordered workers up and down the East Coast, from Massachusetts to Virginia, to abandon their jobs. CWA Local 1109, which is the subject of the NLRB complaint, participated in the multi-state strike.
Soon after CWA union officials ordered the strike, the two workers who filed the charges chose to resign from the union and returned to work. Under federal law, workers cannot be compelled to join a union-boss ordered strike action. However, under a 1972 National Labor Relations Board (NLRB) ruling, workers must resign their formal union membership before to returning to work to protect themselves from union-issued fines.
In 2016, both Pamela Ivy and Cheryl Allison resigned their union membership on April 19 and April 25 respectively. Despite this, CWA union brass is attempting to fine these two Verizon employees for working during the strike through the end of May 2016. Ivy is being charged $21,918.16 while Allison is being charged $16,791.14.
Understanding their legal rights were in jeopardy, Ivy and Allison turned to National Right to Work Foundation staff attorney for free legal assistance in defending their legal rights. As such, Foundation staff attorneys filed separate federal unfair labor practice charges against CWA union officials for violating federal labor law with these corrupt fines.
In response to those ULP charges, the NLRB Brooklyn Region Director issued a consolidated complaint against CWA union officials on September 28, 2017. This is the second complaint that the Brooklyn Region Director has issued in recent weeks against CWA union officials for illegal strike fines against Verizon workers as a result of Unfair Labor Practice charges filed with free legal aid from the National Right to Work Foundation.
Foundation staff attorneys have already defended fifteen Verizon workers from retaliation by union officials as a result of the April 2016 East Coast strike. In prior cases seven of those workers were fined up to $14,000 each for exercising their federally protected rights. The remaining eight were threatened by union bosses with “union discipline” that would have resulted in similar fines. In eleven of those cases, union officials have already been forced to settle with the workers and rescind the illegal strike fines and threats.
“It is outrageous that CWA union officials threatened workers with thousands of dollars in fines for simply exercising their right to resign from a union so they could work to support themselves and their families,” said National Right to Work Foundation President Mark Mix. “As the numerous cases that have come after threats and illegal fines in the wake of the Verizon strike demonstrate, union officials habitually violate the rights of the very workers they claim to ‘represent.’ New York workers need Right to Work protections to help defend workers from this type of abuse.”
Union officials violated Michigan’s Right to Work law by extending requirement that teachers pay fees or be fired
Detroit, MI (October 12, 2017) – The Michigan Employment Relations Commission (MERC) has ruled that the Clarkston Education Association (CEA) and Michigan Education Association (MEA) violated Michigan’s Right to Work protections for public employees by illegally extending a forced dues clause in the monopoly bargaining agreement after the law took effect. The Commission also found that Clarkston Community Schools officials violated the law by agreeing to union officials’ demands for the illegal extension. Both the school district and the unions were fined making this the first case of its kind to monetarily penalize violators of the Right to Work law.
The ruling stems from State charges filed with MERC by Ron Conwell, a Michigan public school teacher, with free legal assistance from National Right to Work Legal Defense Foundation staff attorneys. In August 2015, Conwell resigned his union membership. Later in August, teacher union officials informed Conwell that he was still required to pay union fees or be fired.
Michigan’s Right to Work Law provides that contracts or agreements entered into after the law went into effect must respect workers’ right to refrain from the payment of any union dues or fees as a condition of employment. Union bosses illegally extended the forced dues clause after the law went into effect on March 28, 2013. Therefore, Conwell could not legally be required to pay union dues or fees.
MERC ordered that Clarkston Community Schools, CEA, and MEA cease and desist from interfering with employees who exercise their rights under Michigan’s Right to Work Law. The decision also orders the CEA and MEA to stop threatening employees with termination based on an unlawful monopoly bargaining agreement provision that they have challenged.
“In their desperate attempt to keep their forced dues money stream flowing, Michigan union bosses repeatedly have violated the protections for workers under Michigan’s Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “Foundation staff attorneys continue to assist dozens of independent minded workers in fighting back against Big Labor’s orchestrated campaign to undermine Right to Work in Michigan.”
Southwest Flight Attendant Files Lawsuit for Union Retaliation for Criticizing Union Boss Political Stances
EEOC Charges say union officials and Southwest violated flight attendant’s civil rights when they fired her for voicing her beliefs
Dallas, TX (October 3, 2017) – With free legal aid from National Right to Work Legal Defense Foundation staff attorneys, a fired Southwest Airlines flight attendant sued her ex-employer and union officials on September 14, 2017, after voicing her views on abortion, supporting a National Right to Work law, and opposing union officials’ leadership. Charlene Carter has filed a court complaint against Transport Union Workers of America (TWUA) Local 556 and Southwest Airlines as well as Equal Opportunity Employment Commission employment discrimination charges against Southwest Airlines and Local 556.
Charlene Carter is a Christian who believes her faith requires that she spread her pro-life message. As a Southwest employee, Carter joined Local 556 in September 1996. She resigned her membership in September 2013 after learning that her union dues were going towards causes that violate her conscience.
As is her right, Carter dropped union membership but was still forced to pay fees to Local 556 as a condition of her employment. State Right to Work laws do not protect her from forced union fees because airline and railway employees are covered by the federal Railway Labor Act (RLA). The RLA allows union officials to have a worker fired for refusing to pay union dues or fees.
Carter often directly messaged the president of Local 556 with criticisms of the union’s leadership and political stances. Carter never had any communication from Southwest, from the union, or the union president that such speech was contrary to the terms of her employment. That changed in 2017, when after several years of dissatisfaction with union officials, Carter criticized the union for supporting abortion and voiced support for National Right to Work legislation that would end the requirement that she pay forced union fees to a union that advocates against positions about which she feels strongly.
A labor dispute amongst Local 556 members began in 2012 and lasted more than five years concerning the legitimacy of the Local 556 Executive board. Two members of the board were removed after their opponents filed misconduct claims against them. Under union bylaws, two candidates from the losing party were nominated to fill the vacant positions. Audrey Stone of the losing party was elected president by the newly installed executive board.
Over the next two years, more than 90 employees opted out of union membership in response to what they saw as an improper power grab. The election was again contested via a Department of Labor complaint, but that complaint was eventually dismissed by Labor Department officials. Through 2016, over 7,000 signatures were collected for a recall of Stone but the union executive board dismissed this petition as well.
In January 2017, Carter found out that Stone and other Local 556 officials probably used union dues to attend the “Women’s March on Washington DC” which showed support for several political positions she opposed, including abortion and funding for the abortion provider, Planned Parenthood.
Carter posted in various Facebook groups for Southwest flight attendants and sent a personal message to President Stone, explaining why she was upset her money was going towards causes she did not support. These complaints garnered no response from either the union or Southwest. But then, Carter sent Stone another e-mail exclaiming her support for a National Right to Work bill.
Only six days after sending Stone that e-mail, Carter received notification from Southwest managers that they needed to have a mandatory meeting as soon as possible in regards to “Facebook posts they had seen.” During this meeting, Southwest presented Carter screen shots of her pro-life postings. Southwest bosses questioned why she sent these messages, despite Carter explaining her beliefs. Southwest authorities said that Stone claimed to be harassed by these messages.
A week after this meeting, Carter was fired from her job. Southwest said she violated its “Workplace Bullying and Hazing Policy” and its “Social Media Policy” by sharing her pro-life beliefs because her message was “highly offensive in nature.” Carter had never previously received any discipline in her 20 year career with Southwest.
As Carter’s legal filings document, this explanation lacks any credulity. Throughout the five year labor dispute over the TWUA Local 556 executive board, supporters of Stone routinely encouraged violence, used vulgarities, and even sent death threats towards their fellow Southwest employees and union members who opposed Stone. Yet none of them have been fired for their offensive language, apparently because they had the right politics and supported the union brass.
“This case shows the extent to which union officials will wield their power over employers to violate the rights’ of the workers they claim to represent,” said Mark Mix president of the National Right to Work Foundation. “Charlene Carter did nothing wrong. She merely voiced her opinion and opposition to her money being used for causes she opposes, expressing her protected religious beliefs. Southwest and TWUA union officials need to be held accountable for violating Charlene’s rights and the National Right to Work Foundation is pleased to help her stand up to this campaign of harassment.”
U.S. Supreme Court Agrees to Hear First Amendment Challenge to Forced Union Fees for Government Workers
Worker Advocate: Injustice to the Free Speech rights of public school teachers, public safety officials, and other government workers close to coming to an end
Washington, DC (September 28, 2017 ) – In response to the U.S. Supreme Court’s announcement today that it is granting a writ of certiorari in Janus v. AFSCME, National Right to Work Legal Defense Foundation President Mark Mix issued the following statement:
“With the Supreme Court agreeing to hear the Janus case, we are now one step closer to freeing over 5 million public sector teachers, police officers, firefighters, and other employees from the injustice of being forced to subsidize a union as a condition of working for their own government.
“As the Court noted in the National Right to Work Foundation’s landmark Knox v. SEIU victory, compelled speech under the guise of forced union dues is an ‘anomaly’ under the First Amendment. We are hopeful that by the end of this Supreme Court term, the High Court will finally end this anomaly and fully protect the First Amendment rights of public sector workers against an injustice that has existed for over half a century.”
National Right to Work Foundation staff attorneys, along with attorneys with the Illinois-based Liberty Justice Center, are providing free legal representation to plaintiff Mark Janus, a child support specialist at the Illinois Department of Healthcare and Family Service.
Jacob Huebert, director of litigation at the Liberty Justice Center, issued the following statement:
“We are pleased the Supreme Court has agreed to take up this case and revisit a 40-year-old precedent that has allowed governments to violate the First Amendment rights of millions of workers. People shouldn’t be forced to surrender their First Amendment right to decide for themselves what organizations they support just because they decide to work for the state, their local government or a public school.
“Right now, public sector employees in Illinois and many other states aren’t given a choice: They’re automatically forced to give their money to a union. Janus v. AFSCME presents an opportunity to restore fairness and First Amendment rights to millions of American workers by giving them the right to choose whether to support a union with their money.”
The case will likely be argued in early 2018 with a decision issued before the Court adjourns at the end of its term in June.
More information, including legal briefs in the case, can be found at www.nrtw.org/janus.
Obama NLRB’s “successor bar” rule blocks decertification vote, even though majority of workers want union removed
Washington, DC (September 27, 2017) – With free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, an Alaskan worker has asked the National Labor Relations Board (NLRB) to review a case in which she and her co-workers were denied the right to vote to remove a union claiming to represent them, despite the fact that a majority of the employees in the bargaining unit signed a petition to remove the union as their representative.
Elizabeth Chase, an employee of Apple Bus Company near Anchorage, Alaska, wants to decertify Teamsters Local 559 union officials as her monopoly bargaining agent. Under the National Labor Relations Act (NLRA), if a decertification petition garners signatures from at least 30% of the employees in a bargaining unit, the NLRB is supposed to conduct a secret-ballot election to determine whether a majority of the employees wish to decertify the union. Chase’s petition was signed by the majority of workers in the bargaining unit, far more than necessary.
However, citing the so-called “successor bar” doctrine reinstituted by the Obama Labor Board in 2011, the NLRB Regional Director blocked Chase and her coworkers from voting to remove the union. Chase had previously worked for First Student, until the school district replaced it with Apple Bus, with whom she is currently employed.
Although there is no mention of a successor bar anywhere in the NLRA itself, and the Act ostensibly is designed to give employees a choice in their representative, pro-forced unionism Labor Board members from the Clinton and Obama administrations have used the successor bar doctrine to prevent workers from removing an unwanted union after changes in ownership of the employer.
Due to the successor bar and other election bars, such as the “contract bar” and “recognition bar,” workers are regularly blocked from being able to decertify an unwanted union for up to three years. Because the successor bar can be triggered at any time, workers could be blocked for indefinite periods, and perhaps as long as four years from holding a decertification vote. This, despite the fact that workers may have only supported unionization for dealing with the previous employer. Furthermore, because Chase and her co-workers work in Alaska, a state that does not provide Right to Work protections, the NLRB Regional Director’s decision allows Teamsters officials to seek a forced fees contract that would require the payment of dues as a condition of employment.
Chase’s petition points out that so-called “successor bars” are in conflict with precedents from the Sixth and Seventh Circuit U.S. Appeals Courts and the U.S. Supreme Court, all of which hold that a union’s presumption of majority support can be overcome by proof that a majority of employees do not support the union, as happened in this case.
“The successor bar doctrine has been used for too long to trap workers, like Elizabeth Chase, into paying forced dues to a union opposed by a majority of workers. The new Trump National Labor Relations Board should move quickly to end this arbitrary barrier to workers seeking a decertification vote,” said Mark Mix President of the National Right to Work Legal Defense Foundation. “For almost a decade, the Obama NLRB stacked the deck in favor of union bosses’ forced dues powers. The new NLRB majority should move quickly to roll back those one-sided rulings, starting by supporting the petition of Elizabeth Chase and a majority of her co-workers to hold a vote to decertify an unwanted Teamsters union.”
Over Labor Day weekend in Investor’s Business Daily, National Right to Work Foundation President Mark Mix made the moral and economic case for ensuring that no worker should be required to join or pay dues or “fees” to a labor organization as a condition of employment:
The case for Right to Work has always centered on the freedom it provides workers, but there is also overwhelming evidence that freeing workers from forced dues gives Right to Work states an economic leg up.
From 2005-2015, private-sector job growth was 15.4% in Right to Work states compared to just 10.4% in forced-unionism states, according to government statistics compiled by the National Institute for Labor Relations Research. The same research shows that once you adjust for the cost of living, workers in Right to Work states had on average $2,500 more to spend in disposable personal income than their forced-unionism counterparts.
Read the full column by clicking here, and stay tuned to our blog for more Labor Day media appearances.
National Right to Work Labor Day Statement: 2017 Has Makings of Banner Year in Fight Against Forced Unionism
Government employees challenging union boss forced dues powers at the Supreme Court, while states continue to pass Right to Work laws
Springfield, VA (September 4, 2017) – Mark Mix, president of the National Right to Work Legal Defense Foundation and the National Right to Work Committee, issued the following statement on the occasion of Labor Day 2017:
“This Labor Day, many Americans will enjoy a well-deserved three day weekend. After the festivities, vacations, and beach trips have ended, however many critical fights for employee freedom loom on the horizon.
“Even though polls consistently show that 8 in 10 Americans support Right to Work laws, which makes union membership and financial support strictly voluntary, every day millions of workers are forced to fund a labor union as a condition of employment. These workers are forced to face an ugly choice: pay dues to union officials they may not support or be fired.
“On this Labor Day, every American should pause to consider these victims of compulsory unionism which is embedded in many state and federal laws. Fortunately, help is on the way and they don’t stand alone.
“In over 250 cases over the past year National Right to Work Foundation staff attorneys have provided free legal representation to workers who have had their rights violated. These cases show the desperate need for additional protections against Big Labor’s forced dues powers.
“One individual standing up for his rights is Illinois state worker Mark Janus. In June, he asked the U.S. Supreme Court to hear his case challenging mandatory union payments as a violation of the First Amendment. The Supreme Court could agree to take the case this September with a ruling coming by the end of June 2018.
“If Janus’ Foundation-provided staff attorneys are successful, 2017 may be the last Labor Day that teachers, police officers, firefighters and millions of other government employees are forced by law to fund union activities as a condition of working for their own government.
“Meanwhile, Right to Work laws continue to expand with Missouri and Kentucky being added to the list of 28 states with laws to protect workers from being fired for not paying money to a labor union. Kentucky is already seeing unprecedented levels of job creation and investment specifically because of its new Right to Work status. Unfortunately for Missouri, union bosses there have launched a campaign to block the law, meaning workers may have to wait until November 2018 to be free of forced union dues.
“Despite these big victories for worker freedom, more work remains. In addition to pushing for state Right to Work laws the National Right to Work Committee is building support in Congress for a National Right to Work Act that would eliminate portions of federal law which authorize forced dues. And even where Right to Work protections exist, workers are frequently required by law to accept a union’s so-called ‘representation,’ even if they would rather negotiate with their employer on their own merits.
“Not satisfied with these unique coercive powers, union officials continue to spend billions of dollars – much of it from the paychecks of workers who would be fired for not paying – on politics and lobbying seeking to expand their powers even further. This reminds us that even as we make historic strides, there is much work is left to do.
“On Labor Day, we should celebrate the hard-working men and women that make America the great nation it is. Properly celebrating America’s workers must include respecting each worker’s individual right to decide for themselves if joining and financially supporting a labor union is right for them. Here at the National Right to Work Committee and National Right to Work Foundation we will not rest until that freedom is fully protected.”
A video version of this statement is available here: https://youtu.be/X_7ctAhhjvE
Yesterday in the Washington Times, National Right to Work Foundation President Mark Mix discussed one of Big Labor’s special legal privileges, the exemption from federal prosecution for acts of violence:
The recent acquittal of four Boston Teamsters charged with attempting to extort the producers of the popular “Top Chef” television show is the latest illustration of a loophole in federal law that permits organized labor to engage in acts of extortion that would be illegal if anyone else tried it.
Since a 1973 Supreme Court decision exempted union extortion and racketeering actions from the Hobbs Act, so long as the object being extorted constituted a legitimate union objective, union thugs have been getting a free pass on violence and threats such as what occurred in June 2014.