Old Saybrook, Connecticut (February 15, 2005) – Communications Workers of America (CWA) local 1298 officials have agreed to drop their illegal attempts to seize the wages of a local nonunion employee who continued to go to his job during a strike.
The agreement settles an unfair labor practice case filed at the Hartford-based National Labor Relations Board (NLRB) office by National Right to Work Foundation attorneys on behalf of Michael Beda, an employee of SBC Communications in Old Saybrook, Connecticut.
On April 5, 2004, Beda sent a letter to CWA union officials revoking his formal union membership. By resigning from formal union membership, non-union employees such as Beda are not subject to union rules and internal union discipline.
In May 2004, union officials ordered a strike at SBC Communications. Beda, not bound by union membership rules, continued going to work during the four day work stoppage. Beda later received a letter from CWA union officials stating that they were filing internal charges against him, and that he faced surrendering his wages earned during the strike despite the fact he was not a union member. Beda then filed the unfair labor practice charges.
In the settlement agreement, CWA union officials agree to rescind portions of their bylaws restricting employees’ right to resign their union membership, and retroactively recognize all resignations submitted by other workers to union officials since April 8, 2004.
“CWA union officials tried to make an example of Michael Beda just for going to work and doing his job,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “How dare they try to abscond his wages simply because he honored his commitments to his employer.”
The action of the union hierarchy clearly violated rights recognized by the U.S. Supreme Court in NLRB v. Textile Workers and Pattern Makers v. NLRB. Under Textile Workers, it is an unfair labor practice for a union to fine employees who had been union members in good standing but who resigned during a lawful strike and thereafter returned to work during that strike. Under Pattern Makers and subsequent NLRB rulings, union officials are obligated to honor employees’ resignations from formal union membership.
“This union hierarchy’s disdain for workers’ freedom and economic security shows that, contrary to their claims, they do not have employees’ best interests at heart,” said Gleason.
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.