Employees File Federal Class Action Suit to Halt Abusive Mandatory Union Dues Scheme

Right to Work Foundation helps employees challenge national union’s illegal “annual objection” policy

Aberdeen, MD (September 21, 2009) – Today, two employees filed a class action federal suit challenging the International Association of Machinist and Aerospace Workers (IAM) union’s nationwide policy requiring employees to object year after year to paying union dues they cannot be lawfully forced to pay.

With free legal aid from the National Right to Work Foundation, Jacobs Technology Incorporated employees Rick Gorham and Robert Negosta are challenging the IAM union officials’ scheme intended to thwart non-union members’ legal rights to refrain from paying union dues for union electioneering and other non-bargaining activities. Foundation attorneys filed the complaint in Maryland’s U.S. District Court on behalf of the two employees and all of Jacobs Technology’s other similarly-situated employees.

In the Foundation-won Communication Workers of America v. Beck (1988), the U.S. Supreme Court held that union officials can lawfully compel nonmembers to pay union dues as a job condition, but not the part of dues spent for non-bargaining activities like political activism, lobbying, and member-only events. However, these limited rights have been difficult to enforce, as union officials often concoct illegal schemes such as these “annual objection” policies to burden or thwart employees from exercising their rights.

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When hard-working employees object to paying forced dues for politics, they mean it.

But despite such opposition, union officials will try to find every way possible to demoralize and hamstring employees so that their forced dues money continues to follow into union political coffers.

Take a look at Robert Prime from Pensacola, Florida. Mr. Prime works at the Naval Air Station. In December 2003, he filed charges with help from attorneys at the National Right to Work Foundation after IAM union officials told him he had to object every single year to paying for union political advocacy.

IAM union officials refused to acknowledge that his objection should apply continuously. And while Mr. Prime fights for his objection to be honored, he and his coworkers are forced to oblige to a burdensome and discriminatory policy until a decision is issued after a hearing scheduled for the end of this year.

It took nearly four years for him just to get that far. But Mr. Prime and his coworkers in Florida are not alone.

Just months ago, the NLRB delayed another ruling where George Gally, a 40-year veteran at Colt Firearms, requested that the federal board rule on his case under similar circumstances.

Right to Work attorneys helped Mr. Gally of Connecticut originally file unfair labor practice charges in 2003. His charges challenged the United Auto Worker (UAW) union’s nationwide policy of requiring employees to object annually in order to receive refunds of forced union dues spent for union political activities.

But the NLRB, with its reputation for dragging its feet, refused to rule on Mr. Gally’s precedent-setting case and punted the decision back to a Regional Director for further review.

As a result, Mr. Gally has no choice, like Mr. Prime, to wait longer for a ruling as union officials continue to enforce bogus hurdles designed solely to keep rank-and-file workers in line.

Union officials do not require the same of their members. So why do they require those employees – who do not want to pay for union political activities – to object every year?

The answer can surely be heard in the “cha-ching” of union bosses’ coffers.