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State Employee Commission Rubber Stamps Union Boss Retaliation Against Employee Who Won Case against Union
Case highlights need to roll back union boss powers in the Garden State
Trenton, NJ (May 10, 2011) – Despite his previous legal successes, a New Jersey Department of Environmental Protection (DEP) employee is learning firsthand how difficult it is to obtain justice in the face of union retaliation.
With free legal assistance from the National Right to Work Foundation, DEP employee Gary Lipsius filed charges against the DEP for reversing a promotion and pay raise allegedly in retaliation for his previous filing of a successful lawsuit against Communications Workers of America (CWA) Local 1034 union bosses and the agency.
Lipsius successfully challenged the illegal deduction of compulsory dues from the paychecks of thousands of nonunion New Jersey employees in a 2004 class-action lawsuit against the CWA union. With free legal aid from the Foundation, Lipsius and two of his colleagues charged the CWA union with collecting compulsory dues for non-chargeable activities, such as politics, without properly disclosing the union’s expenditures. The suit forced CWA union officials to cease and desist their illegal actions.
Lipsius’ unfair labor practice charges against the DEP – which prompted the New Jersey Public Employment Relations Commission (PERC) to investigate and conduct a trial – sought back pay and a reinstatement of his raise and promotion.