Civil Servants Slap Government Union Bosses With Second Federal Suit for Illegal Forced Dues Scheme

Right to Work Foundation attorneys challenge union hierarchy for repeatedly flaunting employees’ constitutional rights

Lancaster, PA (August 3, 2011) – Eight public employees have filed a second federal lawsuit against a local union and the Borough of Ephrata for illegally confiscating union dues payments from their paychecks in unconstitutional amounts and without following federal requirements.

National Right to Work Legal Defense Foundation staff attorneys, who previously provided the employees with free legal aid in their first lawsuit, filed the suit yesterday in the United States District Court for the Eastern District of Pennsylvania, located in Philadelphia.

The borough employees, who have exercised their right to refrain from formal union membership with the International Brotherhood of Electrical Workers (IBEW) Local 1600 union, previously asked the court to protect their National Right to Work Foundation-won rights upheld by the U.S. Supreme Court in Abood v. Detroit Board of Education and other cases.

In Abood, the High Court ruled that although nonmember public employees can be forced to pay some union dues, they cannot be forced to pay for union politics and other union activities unrelated to bargaining. IBEW Local 1600 union officials were compelling the employees to paying a whopping 99.51 percent of full union membership dues before the lawsuit was settled.

Read the entire release here.

Teamster Union Bosses Hit with Federal Charges for Having Coca-Cola Worker Illegally Fired

Incident shows Pennsylvania’s workers desperately need Right to Work protections

Houston, PA (July 5, 2011) – With free legal assistance from the National Right to Work Foundation, a former Coca-Cola employee has filed federal charges against a local Teamster union and the company for discrimination and illegally firing him from his job.

Keith Smiesko of Saxonburg filed the federal charges with the National Labor Relations Board (NLRB) regional office in Pittsburgh on Thursday.

Earlier this year, Teamster Local 585 union officials ordered Smiesko – who had refrained from full union membership and dues payments – to immediately pay full union dues for the previous three years along with additional union initiation fees without ever notifying him that he was being charged for their so-called "representation." Union officials illegally threatened Smiesko with job termination if he did not pay.

Smiesko refused, exercising his rights under the Foundation-won Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership. Teamster Local 585 union officials then demanded that Coca-Cola fire Smiesko and Coca-Cola complied with the union bosses' command.

Read the entire release here.

Citizen Activist Wins Battle to Inform Keystone State Teachers of Their Constitutional Rights

Teacher union bosses aimed to keep Pennsylvania’s teachers in the dark

Harrisburg, PA (September 30, 2010) – With free legal assistance from the National Right to Work Foundation, citizen activist Simon Campbell has bested teacher union bosses in state court over his right to inform Pennsylvania’s nonmember teachers of their constitutional rights regarding union membership and dues payment.

Several years ago, Simon Campbell of Bucks County founded a group dedicated to the goal of making sure all public school children in the state have the legal right to a strike-free education after his own children were forced out of school in the wake of a debilitating union boss-instigated strike.

More recently, Campbell has requested that public school districts disclose the mailing addresses of teachers who have refrained from formal union membership with the Pennsylvania State Education Association (PSEA) union, but are still forced to pay union dues or fees as a condition of employment because Pennsylvania does not have Right to Work protections for its workers.

Campbell wanted to advise the teachers about their rights under National Right to Work Foundation-won U.S. Supreme Court precedent, such as their right not to subsidize union boss activities other than collective bargaining and contract administration and their right to challenge the union hierarchy’s calculations regarding the amount of forced dues charged to nonmember teachers.

Read the full press release here.

Government Union Bosses Face Federal Suit for Illegal Forced Dues Scheme

Right to Work Foundation attorneys challenge union hierarchy for violating employees’ constitutional rights

Philadelphia, PA (May 21, 2010) – Eight public employees have filed a federal lawsuit against a local union and the Borough of Ephrata for illegally confiscating union dues payments from their paychecks without following federal requirements.

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

The borough employees, who have exercised their right to refrain from formal union membership with the International Brotherhood of Electrical Workers (IBEW) Local 1600 union, are asking the court to protect their Right to Work Foundation-won rights upheld by the U.S. Supreme Court in Abood v. Detroit Board of Education (1977). The Court ruled in Abood that nonmember public employees can be forced to pay some union dues, but not the part used to pay for union politics and other union activities.

IBEW Local 1600 union officials are compelling the employees into paying a whopping 99.51 percent of full union membership dues.

Click here to read the whole release.

Employees Slap Teamster Union Officials with Federal Charges over Illegal Forced Dues Policy

Union officials fail to provide adequate disclosure to nonunion employees, then threaten the workers with termination

Philadelphia, PA and Baltimore, MD (December 16, 2009) – With free legal assistance from the National Right to Work Foundation, four workers forced to pay fees to a regional Teamsters union council have filed unfair labor practice charges against the union for providing inadequate financial disclosure and illegally threatening to have workers who didn’t pay fired.

Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, nonmember employees can be forced to pay certain union dues as a condition of employment, but they cannot be compelled to pay for politics, lobbying, and member-only events. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently verified audit of chargeable and non-chargeable expenses.

Graphic Communications Conference/International Brotherhood of Teamsters, District Council 9, union bosses have exclusive representation power over employees at Perfecseal, Inc. in Philadelphia, PA, and Standard Register in Salisbury, MD, but have not provided nonmember employees with the level of disclosure Beck requires. Nonmembers’ “agency fees” paid to the union council have increased by a greater percentage than corresponding increases in dues amounts for union members, and union bosses are demanding that the nonmembers pay the increased fees or be fired without providing an adequate breakdown of expenditures.

Click here to read the full release.

Federal Judge Upholds Injunction Against Teamster Union Bosses for Illegal Dues Scheme

Union officials failed to provide Pennsylvania Turnpike employees with an adequate breakdown of expenditures

Pittsburgh, PA (December 8, 2009) – A judge for the United States District Court for the Western District of Pennsylvania ruled in favor of seven Pennsylvania Turnpike Commission (PTC) employees, maintaining a permanent injunction against the Teamsters union and PTC for seizing forced union dues in violation of the employees’ constitutional rights.

With free legal aid from staff attorneys at the National Right to Work Foundation, the seven Turnpike workers filed a federal lawsuit in 2007 against Teamsters Local 250, the International Brotherhood of Teamsters (IBT), and the PTC. Exercising monopoly bargaining power over PTC employees, Local 250 officials may collect forced union dues from nonmembers – but only for expenses which union officials can prove are spent on collective bargaining.

Last year, the District Court levied a permanent injunction against Local 250 from seizing forced dues from nonmembers until it complies with the due-process and adequate disclosure requirements in the Chicago Teachers Union v. Hudson and Lehnert v. Ferris Faculty Association line of U.S. Supreme Court cases. Charges must be verified by an independent auditor, and workers must have the opportunity to challenge the fee’s basis.

Read the rest of the Foundation's press release.

Regular Freedom@Work readers may remember the Foundation's ongoing efforts helping nurses fight back against the California Nurses Association (CNA) union's coercive organizing drives at Houston and Philadelphia-area healthcare facilities.

Now an employee at Hahnemann University Hospital in Philadelphia has again stepped forward, filing unfair labor practice charges against Tenet Healthcare Corporation for giving CNA operatives preferential access to company property for the purposes of union organizing. Previous Foundation unfair labor practice charges also allege union organizers are engaging in illegal prerecognition bargaining: in exchange for company assistance, union officials may have agreed to terms and conditions of employment on behalf of workers they don't even have the power to represent yet.

Here's a copy of the Foundation's unfair labor practice charges (.pdf). And here's a link to the Foundation's video on coercive CNA organizing in Houston. 

Union bosses’ illegal scheme violates employees’ constitutional rights

Harrisburg, PA (February 9, 2009) – Three Centre Area Transportation Authority (CATA) employees filed a federal suit challenging two Pennsylvania laws that unconstitutionally prohibit workers from leaving union ranks.

National Right to Work Legal Defense Foundation attorneys, providing CATA employees Brenda Hall, Karen Ilgen, and Martha Hoy with free legal aid, filed the suit today in the United States District Court for the Middle District of Pennsylvania.

Union officials rebuffed the employees’ repeated requests to resign from formal union membership in the American Federation of State, County, and Municipal Employees (AFSCME) local affiliate 1203B and District Council 83 unions.

Local 1203B and District Council 83 union officials are using the Pennsylvania Public Employee Forced Unionism Law and the Public Employee Relations Act as justification to compel the employees into continuing formal union membership and require the CATA illegally to extract full union dues from the employees.

As well as challenging the state law, the employees are suing for their right to retroactively object to formal union membership and obtain refunds. The employees are backed by decades of case law and U.S. Supreme Court decisions.

Click here to read the rest of the Foundation's press release.

In Pennsylvania, staff attorneys from the Foundation helped four air traffic controllers reach a settlement with the National Air Traffic Controllers Association (NATCA) union. NATCA union officials were illegally forcing nonmember employees to financially support union activities unrelated to collective bargaining, as well as refusing to provide a legally required independent financial audit of forced-dues union expenditures:

Harrisburg, PA (December 29, 2008) – With free legal assistance from the National Right to Work Foundation, four air traffic controllers have forced National Air Traffic Controllers Association (NATCA) union officials to halt their illegal forced union dues extraction methods.

The settlement is a result of unfair labor practice charges filed with the National Labor Relations Board (NLRB) by Foundation attorneys for the four controllers in September 2008. The unfair labor practice charges challenged the union officials’ confiscatory scheme of forcing nonmember employees to support financially union activities unrelated to collective bargaining, as well as their refusal to provide a legally required independent financial audit of forced-dues union expenditures. The charges also challenged the union hierarchy’s policy that forced nonunion employees to object annually to full, forced-dues paying union membership.

Finalized today, the settlement requires union officials to post public notices informing affected controllers of their right to refrain from formal, full dues-paying membership. The notice also rescinds the union’s onerous annual objection policy – a policy that requires nonunion members annually to inform union officials of their decision not to pay for union activities unrelated to collective bargaining – and commits union officials to providing employees with an audited financial breakdown of all organizational expenditures. The union hierarchy has also agreed to allow nonunion workers to challenge retroactively dues payments unrelated to workplace representation.

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

Speaking of the Wall Street Journal, its editorial on Pennsylvania teacher union bosses' pathetic and disgaceful practice of ordering teachers to abandon schoolchildren during frequent strikes is also quite informative:

Teachers unions routinely claim that the interests of students are their top priority. So we would be interested to hear how the Pennsylvania affiliate of the National Education Association explains the proliferation of teacher walkouts in the middle of the school year.

According to a recent study by the Allegheny Institute, Pennsylvania is once again the worst state in the country for teacher strikes. No less than 42% of all teacher walkouts nationwide occur in the Keystone State, leaving kids sidelined and parents scrambling to juggle work and family, potentially on as little as 48 hours notice required by state
law.

The strikes take place despite the state's ranking in the top 20% nationwide for teacher salaries in 2006-2007 -- the most recent data available -- with an average of $54,970. Those paychecks go even further when adjusted for the state's cost of living compared to top-spending school districts in places like California.

Unsurprisingly, the status quo is perpetuated by the unions' corrupt relationship with local politicians:

Pennsylvania taxpayers aren't pleased. Last year, a bill to prohibit teacher strikes was introduced in the state legislature by Todd Rock and 28 co-sponsors, only to be sidelined thanks to union opposition. According to a group called Stop Teacher Strikes, 75% of state legislators between 2004 and 2006 received teacher union money. The office of Governor Ed Rendell, who received more than $500,000 in teachers union political action committee cash for his 2006 re-election bid, called the strike ban a "radical response" to the problem.

Simon Campbell, president of Stop Teacher Strikes, explained the connection between compulsory unionism and failing schools at this year's Concerned Educators Against Forced Unionism (CEAFU) conference: