Tyson Foods Worker Slaps Union with Federal Charges for Threats and Intimidation

Wisconsin needs full Right to Work law to protect workers from forced unionism abuses

Jefferson, Wisconsin (August 25, 2011) – A meat processing worker has filed federal charges against a local union and Tyson Foods, Inc. officials after union officials illegally threatened to retaliate against him for exercising his rights.

With free legal assistance from the National Right to Work Foundation, Tyson employee Gregory Langron of Janesville filed the charges with the National Labor Relations Board (NLRB) last week.

United Food & Commercial Workers (UFCW) Local 538 union officials enjoy monopoly bargaining privileges over Tyson Foods employees in the Jefferson plant. Langron recently exercised his right under National Right to Work Foundation-won Supreme Court precedent in Communication Workers v. Beck to refrain from full-dues-paying union membership.

However, because Wisconsin does not have a Right to Work law, most workers who refrain from formal union membership can still be forced to pay a part of union dues as a condition of employment, but cannot be compelled to pay the portion used for the union's political, lobbying, and member-only activities.

UFCW Local 538 union officials recently threatened to prosecute Langron with internal union kangaroo court proceedings for allegedly initiating a petition to remove the union hierarchy from the workplace. Union officials also illegally told Langron that they would not represent him despite the fact that he is forced to pay union dues and accept UFCW union boss "representation" because Wisconsin lacks a Right to Work law for private sector workers.

Read the entire release here.

Union Member Seeks to Block Obama Labor Department’s Efforts to Roll Back Union Disclosure Rules

Department guts disclosure rule that has exposed numerous corrupt union boss schemes, let rank-and-file members know how dues are spent

Washington, DC (May 23, 2011) – With free legal aid from the National Right to Work Legal Defense Foundation, a Maryland county government employee is asking a federal court to stop the Obama Administration from allowing union bosses to conceal lavish and corrupt union expenditures from workers.

Chris Mosquera, a member of a Municipal County Government Employee Local of the United Food and Commercial Worker (UFCW) union, filed the lawsuit against Secretary of Labor Hilda Solis in the U.S. District Court for the District of Columbia for rescinding a union boss disclosure rule which would make it less difficult for workers to hold union officials accountable.

Unions covered by the Labor Management Reporting and Disclosure Act (LMRDA) with total annual receipts of $250,000 or more are currently required to submit annual financial statements to the U.S. Department of Labor. LM-2 forms are the public disclosure documents for these larger unions and are available online on the U.S. Department of Labor’s (DOL) website.

These forms have helped workers and citizen activists expose many unscrupulous union boss schemes, including lavish benefits to high-ranking union officials and loyalists, superfluous spending on union boss transportation (including private jets), and shady political spending (such as the Service Employees International Union bosses’ links to the disgraced political organization ACORN).

Read the entire release here.

Federal Prosecution Against Grocery Union Bosses for Widespread Rights Abuses to Proceed as Class-Action

Union officials’ illegal forced-dues scheme violated possibly thousands of workers’ rights

Phoenix, AZ (October 22, 2010) – A federal prosecution initiated by several Fry’s Food Stores workers, whose rights were abused by local union bosses during a looming strike last year, will proceed as a “class action” and will potentially affect thousands of similarly-situated employees statewide.

With free legal assistance from the National Right to Work Foundation, employees from several Fry’s locations in Arizona filed federal unfair labor practice charges against the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry’s management after union and company officials continued to seize union dues from their paychecks despite repeated requests to stop.

Upset by a UFCW Local 99 boss-initiated strike threat last November, the employees resigned formal union membership and revoked their dues deduction authorizations – used by union officials to automatically withhold dues from employee paychecks – during a time in which the union did not have a contract at their workplaces.

The charges, filed by Shirley Jones of Mesa, Karen Medley and Elaine Brown of Apache Junction, Kimberly Stewart and Saloomeh Hardy of Queen Creek, and Tommy and Janette Fuentes of Florence – acting for other similarly situated employees – spurred the NLRB Regional Director in Phoenix to find that the dues deduction authorizations used by UFCW Local 99 union officials at all Arizona Fry’s Food Stores locations were illegal because they do not allow employees to revoke them once a contract terminates, as required by federal law.

Subsequently, the NLRB’s Regional Director initiated a statewide prosecution against UFCW Local 99 union bosses. However, an NLRB administrative law judge refused to uphold a subpoena of the union’s statewide records that would indicate how widespread the union’s practice of failing to honor Fry’s employees’ dues revocations really is. This week, the NLRB in Washington, D.C. overruled the judge’s decision and ordered the union to comply with the subpoena.

Read the entire release here.

Labor Board Slaps Grocery Union Bosses with Federal Complaint for Statewide Illegal Forced-Dues Scheme

Suspecting widespread abuse, Right to Work Foundation gears up legal aid program to assist any of the tens of thousands of employees affected

Phoenix, AZ (April 1, 2010) – The National Labor Relations Board (NLRB) regional office in Phoenix has issued a statewide complaint alleging that local union bosses and Fry’s Food Stores are illegally blocking independent-minded workers from stopping union dues payments.

The prosecution is the result of a four month long investigation of charges filed by Fry’s employees with free legal assistance from National Right to Work Foundation attorneys. Employees from several Fry’s locations filed the federal charges challenging the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry’s management, after union and company officials refused to honor the employees’ legal rights to revoke their dues deduction authorizations and continued to illegally seize union dues from their paychecks.

Upset by the UFCW Local 99 strike threat last November, the employees resigned from the union and revoked their dues deduction authorizations – used by union officials to automatically withhold dues from employee paychecks – during a time in which the union did not have a contract at their workplaces. Under Arizona’s popular Right to Work law, no worker can be required to join or pay any money to a union; and under federal labor law, employees can revoke their dues deduction authorizations once a contract terminates.

The Phoenix NLRB regional director found that the dues deduction authorizations used by UFCW Local 99 union officials at all Fry’s locations are illegal because the dues deduction authorizations do not allow employees to revoke them during contract hiatus periods, as required by federal law.

Suspecting that the illegal dues deduction forms are used in all workplaces in Arizona where UFCW union bosses enjoy monopoly bargaining privileges, Foundation attorneys are now offering free legal aid to all employees affected by the illegal UFCW dues deduction authorizations.

View the full press release and the list of UFCW Local 99 union organized employers in Arizona here.

UFCW Operatives Misled Worker into
Signing Union Card, Ordered Him Fired for Exercising Rights

Vons grocer repeatedly told UFCW union officials he objected to formal union membership

Escondido, CA (March 22, 2010) – With free legal assistance from the National Right to Work Foundation, a former Vons Grocery employee has filed unfair labor practice charges against United Food and Commercial Workers (UFCW) Local 135 union officials for misleading him into signing a union card, illegally seizing full union dues from his paycheck, and eventually ordering him fired for attempting to exercise his rights.

In September 2007, Nestor Mendez was told by union officials that he could opt out of union membership and full dues payments by filling out a union membership card and writing “Beck Decision” on top of it. Mendez followed these instructions and wrote a letter in January 2008 informing UFCW officials of his decision not to become a union member.

Under the Foundation-won Supreme Court decision Communications Workers v. Beck, employees can only be forced to pay union dues related to workplace bargaining as a condition of employment. Moreover, union officials are obligated to provide employees with a breakdown of union expenditures to determine how much objecting employees must pay.

Read the full press release for more information.

Yesterday, The National Right to Work Foundation announced an offer of free legal aid to workers forced to go on strike by UFCW union bosses in Arizona. Now it seems that employee discontent has forced the union hierarchy to back-off its strike threats and bargain with Safeway and Fry's.

However, reports are that union officials has still not agreed to a new contract, so workers dissatisfied with union representation can:

1) Resign from union membership and revoke their union check-off forms to stop paying union dues. Here's a link to a sample dues cancellation letter for Arizona UCFW members. If you want to stop paying union dues, all you have to do is fill in your personal information and send it to the address provided on the form. For more information on opting out of union dues if you've signed a check-off form and live in a Right to Work state, click here. 

2) Independent-minded workers can also initiate a decertification petition to kick the union out of the workplace entirely. For more information on decertification petitions and elections, click here. 

As always, Right to Work attorneys stand ready to help workers who are tired of putting up with union boss antics, threats of crippling strikes, and excessive union dues. 

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)

Tragedy struck on Black Friday at a Wal-Mart on Long Island when impatient customers trampled an employee as they rushed into the store at 5 a.m., leading to his death.

But union bosses -- long engaged in a vicious corporate campaign against the retailer in an effort to force Wal-Mart employees into their forced dues rank -- are trying to exploit the tragedy for their self-serving ends:

"This incident was avoidable," said Bruce Both, president of the United Food and Commercial Workers Union Local 1500, the state of New York's largest grocery worker's union.

"Where were the safety barriers? Where was security? How did store management not see dangerous numbers of customers barreling down on the store in such an unsafe manner?

"This is not just tragic; it rises to a level of blatant irresponsibility by Wal-Mart," he said.

(Via Reason)

Danielle Cookson made the news in San Diego last year when then 16-year-old girl (she's now 17) took on UFCW union officials who were illegally demanding that she join the union or lose her part-time job. Danielle told a local news reporter:

"I don't want to join because I don't want to have to pay the fees since I'm saving up money for college... [The union is] not going to do anything for me. I'm sixteen with a part-time job and they just want my money."

Refusing to be bullied, Foundation attorneys helped Cookson file unfair labor practice charges at the National Labor Relations Board against the UFCW Local 135 union officials. Many of the issues of the case have already been settled, with UFCW bosses having backed off some of their illegal demands.

But UFCW officials persist in demanding that Cookson pay more than can be legally required under the Foundation-won Beck U.S. Supreme Court case.

Cookson's case recently had a positive development when the Office of the General Counsel of the NLRB ordered its regional officials to further investigate union bosses' improper attempts to force Cookson to pay for overhead expenses for activities not related to collective bargaining. (The letter asking for more information can be downloaded here [pdf].)

Here's video of Cookson talking about her case:

In Wisconsin today, a local newspaper reported that employees at Woodman’s Food Stores in Janesville and Beloit will likely be granted a decertification vote to oust the unwanted United Food and Commercial Workers Local 1473 union.

The GazetteXtra reported:

“We’re going to do what the employees tell us to do,” [company president Phil] Woodman said. “We’re going to do what’s in the best interests of the employees.”

The secret ballot election (scheduled for next week) comes after the National Labor Relations Board held hearings on the validity of the employees’ decertification petition.

UFCW Local 1473 officials delayed the workers’ vote after they asked the grocery store chain for records and files on over 2,100 employees at the 11 Woodman’s stores.

Such “blocking” tactics are not unusual for UFCW union officials to use, as recently witnessed by grocery employees in Illinois.

There, National Right to Work Foundation attorneys helped over 300 Treasure Island grocery workers win a vote to oust the unwanted UFCW union from their workplace, after UFCW union lawyers blocked a decertification election for nearly three years.