Legal Aid 

News Release: Worker Advocate Offers Legal Aid to Charlotte Employees Discriminated Against during Democrat Convention

News Release

Worker Advocate Offers Legal Aid to Charlotte Employees Discriminated Against during Democrat Convention

Media reports suggest nonunion workers may be ordered off their jobs to satisfy demands of Organized Labor

Charlotte, NC (November 9, 2011) – The National Right to Work Legal Defense Foundation, which helps victims of forced unionism, is offering free legal aid to workers who refrain from union membership and may be ordered off their jobs or prevented to work during the 2012 Democratic National Convention scheduled for August 2012 in Charlotte.

In response to media reports, the Right to Work Foundation is offering free legal assistance for nonunion Time Warner Cable Arena, surrounding venue, local hotel, and other area workers who may lose work in favor of unionized workers in the lead up to and during the convention.

Discriminating against workers who exercise their right to refrain from union membership is a clear violation of North Carolina's Right to Work law and the federal National Labor Relations Act.

Read the entire release here.

Florida Employment Commission Files Complaint Against Scofflaw Teacher Union Bosses

Here's an update on the case of Sean Beightol, a veteran Miami chemistry teacher denied access to private counsel at a school disciplinary hearing.

Although union members are allowed to consult with advisers from the United Teachers of Dade (UTD) union during similar proceedings, school administrators prevented Beightol from bringing an adviser from his voluntary teacher association to the meeting, a clear-cut case of workplace discrimination against nonunion teachers.

Foundation attorneys responded by filing charges on Beightol's behalf with the Florida Public Employee Relations Commission, which issued an official complaint last week against the union and the local Miami-Dade school district. The complaints against the union and the school district can be found here and here; the Employee Relations Commission will now investigate the matter to determine school and union officials' culpability.

To paraphrase our press release on the charges, the discriminatory work rule Beightol challenged is nothing more than a tool to discourage teachers from leaving the union and enrolling in a voluntary teachers association.

A victory for Beightol would end this discriminatory practice and stop union officials from undermining Florida's popular Right to Work law.

Teacher Challenges School Policy that Discriminates Against Nonunion Teachers during Professional Hearings

Union members receive access to counsel while nonmember teachers aren’t allowed to bring their own attorneys

Miami, FL (April 1, 2010) – With free legal assistance from the National Right to Work Foundation, a Miami-Dade public school teacher has filed unfair labor practice charges challenging a discriminatory policy that prevents nonunion teachers from using representatives of their own choosing during school investigatory interviews.

Shawn Beightol, a veteran chemistry teacher at Michel Krop Sr. High School, was told to report to the Miami-Dade County Office of Professional Standards (OPS) to discuss a possible violation of the school’s email policy last October.

The United Teachers of Dade (UTD) union is the exclusive bargaining agent for the Miami-Dade School District. However, Beightol is a member of the Professional Educations Network of Florida (PENFL), a nonunion teachers association. Although Beightol brought a representative from the PENFL to the October hearing, school officials refused to allow his advisor to participate.

Click here to read more . . .

Worker Advocate Offers Free Legal Aid to Employees Ordered Off the Job During Fry’s/Safeway Strike

News Release

Worker Advocate Offers Free Legal Aid to Employees Ordered Off the Job During Fry’s/Safeway Strike

National Right to Work Foundation releases legal notice to inform workers of their rights during likely upcoming UFCW-ordered strike

Phoenix and Tucson, Arizona (November 12, 2009) – America’s preeminent workers’ rights advocacy organization which helps victims of union coercion is offering free legal aid to workers whose rights are abused during the United Food & Commercial Workers (UFCW) union-ordered strike scheduled to begin tomorrow.

Union officials apparently intend to impose fines upon union members who wish to continue to go to their jobs in opposition to the union’s militant approach.

The National Right to Work Legal Defense Foundation has received numerous calls from Arizona Safeway Stores, Inc. and Kroger-owned Fry’s Food Stores employees who want to continue providing for themselves and their families during the UFCW union-ordered strike.  The Foundation encourages workers to learn about their rights from independent sources and posted a special legal notice for workers on its website at http://www.nrtw.org.

"Not long ago, UFCW union bosses ordered an unpopular strike in Southern California, and for five months employees were out of work," said Stefan Gleason, vice president of the National Right to Work Foundation.  "Now the union brass wants to replicate that situation in Arizona, and concerned workers are contacting the Foundation seeking help."

(Read the full press release)

Federal Judge Smacks Down Utah's Speech Police, Campaign Finance Law Voided by National Right to Work Foundation Suit

The U.S. District Court has pinned back the ears of the Utah political class, particularly Lieutenant Governor Herbert -- slapping down key provisions of their unconstitutional campaign finance regulations. The law was exploited by political opponents to muzzle -- even criminalize -- certain speech.

When teachers in Utah began complaining to National Right to Work Foundation attorneys in early 2007 that union activists were swarming school property and pressuring them to sign petitions to overturn a school reform measure, the Foundation took quick action by running television and radio ads offering free legal aid.

That did not sit well with union activists who complained to the state's speech regulators. The Lieutenant Governor and staff sent threatening letters to the Foundation demanding contributor information and other private information.

In response, the Foundation -- with the invaluable help of the Madison Center for Free Speech -- filed a lawsuit to challenge parts of Utah's speech regulation laws as unconstitutional violations of the First and Fourteenth Amendments of the United States Constitution.

In a summary judgment ruling issued late yesterday, Federal Judge Dee Benson agreed with the National Right to Work Foundation. Responding to the ruling, Foundation Vice President Stefan Gleason issued the following statement:

Utah's political authorities, especially Lieutenant Governor Herbert, went way overboard, and their unconstitutional law was deservedly smacked down by the U.S. District Court.

Our organization received numerous reports from employees about coercion and other illegal actions during a union petition drive in 2007. What we do is provide free legal aid and information. That's all we do -- it's the Foundation's mission, whether the union militants engaged in the coercion like it or not.

Just because a teacher union activist doesn't like our public service legal-aid advertisements and files a complaint does not justify the state's politicians coming in and harassing us with unconstitutional regulation.

The Utah law at issue is one of the most unconstitutionally overbroad and overvague of all campaign finance laws in the nation. The Judge recognized this and, not surprisingly, ruled in our favor.

Politicians can't just come in and harass charities with draconian regulations that chill their voluntary, non-express-advocacy speech.

In a press release about the case James Bopp of the James Madison Center for Free Speech said:

This case was a perfect example of government overreaching into the very heart of the First Amendment... the Foundation was engaging in the very activities it always has, offering free legal aid to workers affected by coercive union activities, and because they happened to coincide with a ballot measure election, the state claimed that they were regulable.

This is a decisive victory for the First Amendment. Speech surrounding ballot measures is no less protected than speech about candidates, and regulation of political speech must be limited to express advocacy and organizations cannot be forced to register and report as a political committee unless they have the passage or defeat of a ballot measure as their major purpose.

The James Madison Center release can be downloaded here.


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