Ohio Teachers File Class-Action to Halt Compulsory Union Dues for Political Activism

Union bosses illegally force Ohio’s teachers to pay for electioneering

Columbus, Ohio (August 5, 2011) – With free legal assistance from the National Right to Work Foundation, 15 public school teachers across the state filed a federal class-action lawsuit against the Ohio Education Association (OEA) and nine of its regional affiliates for violating their rights.

The group filed the class-action suit after the OEA union unlawfully overcharged the teachers – who have refrained from full-dues-paying union membership – for union "fees" taken from their paychecks, charging them for costs supporting the union’s political activism and electioneering. Per Foundation-won U.S. Supreme Court precedent in Abood v. Detroit Board of Education, under the First Amendment to the U.S. Constitution nonmember teachers cannot be forced to pay dues or fees for union boss politics and other non-bargaining activities.

Additionally, the OEA union's regional affiliates are collecting compulsory fees from non-members without providing the kind of independently-audited financial statements required by law.

Read the entire release here.

Last week, Mark Mix, President of National Right to Work, pointed out in Investor's Business Daily that the real issue in the ongoing battles between Big Labor and reform-minded public officials in various states across the country is getting lost in the union bosses' self-serving rhetoric.

As Mix notes, given the media coverage of the battle in Wisconsin:

Americans learning about organized labor's battles in Wisconsin, Ohio, Indiana and other states from TV, radio and newspaper reports may understandably be confused about what is at stake, especially if they have no personal experience with unions themselves. From afar, it's easy to draw the conclusion that public employees' right to join a union is at stake.

Of course a worker's right to join a union is not the issue at all. The real issue at stake is that Big Labor enjoys numerous government-granted special privileges at the expense of workers' individual rights:

...What reform-minded elected officials are seeking to curtail, and in
some cases even abolish, is government union chiefs' legal power to
force public servants into a union as a condition of employment.

Under the current labor laws of nearly half of the states, government union officials have been explicitly authorized to force all public employees in a workplace to pay union dues or be fired, as long as a majority of their fellow employees (among those expressing an opinion) support unionization.

Such forced-unionism laws, which Big Labor is now fighting furiously to keep on the books in the face of increasingly intense public opposition, actually trample on, rather than protect, employees' freedom to make personal decisions about unionism.

And that's the point. So next time you hear union bosses like Richard Trumka shouting about "protecting workers' rights," it's important to keep in mind that what he really means is "protecting union bosses' special powers."

Union Bosses, School District Face Federal Suit for Illegal Forced Union Dues Scheme

School employees challenge unconstitutional union dues confiscation

Cincinnati, OH (January 21, 2011) – A group of Cincinnati Public Schools employees today filed a federal lawsuit against a local union and the city school district for illegally confiscating union dues from their paychecks in violation of their constitutional rights.

National Right to Work Foundation attorneys, providing the employees with free legal aid, filed the suit in the United States District Court for the Southern District of Ohio.

The school district carpentry shop employees, who have exercised their right to refrain from formal union membership with the Greater Cincinnati Building & Construction Trades Council union (GCBCTC) and its affiliates, ask the federal court to protect their Right to Work Foundation-won rights upheld by the U.S. Supreme Court in Chicago Teachers Union v. Hudson.

Read the entire release here.

In our latest podcast, Foundation attorney Bruce Cameron sits down with radio host Phil Heimlich to discuss the plight of two Ohio teachers whose religious beliefs compelled them to object to their union's controversial political advocacy.

With free legal aid from National Right to Work Foundation staff attorneys, a fourth grade teacher from Ohio has filed a federal suit against Ohio's largest teacher union for religious discrimination:

Columbus, OH (December 4, 2008) – A fourth grade teacher from the Coldwater Exempted Village School District has filed a federal suit against the state’s largest teacher union for forcing her to pay compulsory union fees to fund the union whose activities violate her religious faith.

National Right to Work Legal Defense Foundation attorneys, providing the teacher with free legal aid, filed the suit this week in the United States District Court for the Southern District of Ohio, Eastern Division.

Kathy Hart, an active member of the Catholic Church, has been a teacher in the Ohio public school system since August 1996. Because the public school she works in is unionized, she works under a collective bargaining agreement which forces her to pay compulsory union fees to the National Education Association (NEA) union and its state and local affiliates - the Ohio Education Association (OEA) union and the Coldwater Teachers Organization (CTO) union. Due to her faith, Hart objects to the unions’ positions on abortion and special rights for homosexuals.

Hart had asked that the union divert her compulsory fees to a charity, thereby accommodating her religious objections to supporting financially unions she believes to be involved in immoral activities.

Read the rest of the Foundation's press release here.

Here's our latest press release on the Foundation's efforts to defend the rights of religious objectors to refrain from supporting union activities that offend their deeply-held beliefs:

Cincinnati, Ohio (September 24, 2008) – National Right to Work Legal Defense Foundation staff attorneys recently obtained settlements with the National Education Association (NEA) union for two teachers whose consciences would not allow them to pay mandatory dues to support a union involved in activities they consider immoral. Geralyn Buening and Tessy Huwer, both practicing Catholics, objected to the NEA’s positions on abortion and special rights for homosexuals.

Title VII of the Civil Rights Act forbids discrimination against religious employees and requires companies and unions to attempt to reasonably accommodate employees’ sincerely-held religious beliefs. The obligation to accommodate includes the payment of compulsory union fees, as no employee should be forced to fund a union that engages in activities that offend their religious convictions.

The Ohio teachers originally filed charges against the NEA teacher union with the Ohio Equal Employment Opportunity Commission (EEOC), alleging that the union was in violation of their rights as religious objectors. In return for withdrawing the charges, the settlement allows the teachers to redirect their mandatory agency fees to the Make-A-Wish Foundation, rather than pay any funds whatsoever to a union hierarchy steeped in objectionable social activism.

Read the rest of the press release here. For more on the Foundation's efforts to ensure unwilling Ohio teachers aren't forced to fund morally objectionable causes, check out here and here.

Today, the Foundation issued a news release announcing parallel federal lawsuits concerning illegal forced dues:

With free legal aid from the National Right to Work Foundation, three UPS employees in Kentucky and two UPS employees in Ohio filed federal lawsuits Friday and Monday, respectively, against national and local Teamsters officials for illegal extraction of forced union dues.

In the lawsuits, the nonmember employees claim that the national and local unions breached their duty of fair representation and violated the employees’ First and Fifth Amendment rights by charging and collecting fees used for organizing nonunion workers throughout the United States and financing a members-only “Strike and Defense Fund.”

Read the rest of the Foundation's news release here.

A few Right to Work-related updates from around the web:

1.) The Toledo Blade has a great editorial up on one city official's attempt to strong arm private contractors into blackballing non-union workers. Money quote:

Mr. Szollosi argues that because public money was spent on the property, the principles that apply to public construction should hold sway even after the property is sold to the private sector. But the only thing that would be accomplished by restricting development on the site to union workers would be to limit Mr. Dillin's ability to negotiate the best deal he can with local trade unions, raising labor costs and potentially putting the project in jeopardy.

And if that worst-case scenario were to be realized, there would be no jobs for anyone, union or nonunion. If that's what the grandstanding Mr. Szollosi wants, he's the wrong person to represent Toledo's workers in the current economic climate.

Big Labor has a sad history of discriminating against nonunion workers and contractors, while taxpayers foot the bill.

2.) The Seattle Times posted a surprisingly thorough investigation into Washington Governor Christine Gregoire's extensive financial connections to union PACs. Excerpting the piece really doesn't do it justice, but here's a quick preview. The SEIU donated $418,000 (!) to Gregoire's 2004 campaign, and by all accounts their investment paid off handsomely:

Another big donor, the SEIU, had some major setbacks in the Legislature this year, but the union has benefited from the Democrats' efforts to increase human-services spending.

Gregoire and the Legislature raised reimbursement rates for nursing homes, money that helped SEIU win new contracts with 20 homes and add 2,000 new members. And they passed legislation that enabled the union to organize more than 10,000 child-care providers.

3.) The Communist Party of America has apparently decided to throw its considerable political heft behind the erroneously-titled "Employee Free Choice Act." From a recent op-ed by the Chair of Communist Party USA's Political Action Commission:

As AFL-CIO Executive Vice President Arlene Holt Baker told the Coalition of Black Trade Unionists convention, “This election cannot be only about John McCain’s failings. It must be about working people’s vision — our vision of a new direction for our country. A vision that includes . . . the passage of the Employee Free Choice Act … [W]e are going to spark a movement of those who are ready to make their voices heard in shaping the new America we must build together — and we are going collect our debt this November.”

The Communist Party USA’s emergency program to repair, renew and rebuild America is a contribution toward this effort.

News today of more squabbling between SEIU and CNA union officials. A dispute over reigning roughly 8,000 Ohio nurses, and their forced union dues, into compulsory unionism led to a fight at a banquet.

As you can watch described below, not only did union operatives throw punches, hit people with signs, and link arms to block out the arriving police, but an elderly woman was also knocked to the ground.

A top official – Steven T. Thomas – at the Laborer’s International Union of North America (LIUNA) Local 500 in Ohio was fired for spending thousands of dollars on personal entertainment using the union’s credit card.

Of course, the credit card debts are paid by forced dues-paying workers the union local supposedly “represents.” And according to this union boss, there’s apparently no better way to represent the working interests of those employees than to spend the money in multiple gentlemen’s clubs.

The Toledo Blade reports:

[Steven T. Thomas] charged the union $17,414 for 96 separate visits in 2004 to Scarlett’s in Toledo and Kahoots Gentlemen's Club in Columbus, according to report obtained by The Blade.

Thomas, the business manager of the union local, was removed in May 2007 for the misuse of funds.

But in an ironic twist, Judge Nadine S. Pettiford of the Ohio Unemployment Compensation Review Commission recently ruled that Thomas was not fired with just cause from his job and ordered that Thomas’ unemployment benefits be reinstated.

The outcome of this story is entirely amazing, as it highlights yet another reason why compulsory unionism and corruption go hand-in-hand and why labor bosses often barely receive a slap on the wrist when they misuse union dues.