Worker Advocate Files Lawsuit to Force Disclosure of Administration’s Big Labor Ties

Despite talk of transparency, Obama Department of Labor has stonewalled the Foundation’s Freedom of Information Act request

Washington, D.C. (November 19, 2009) – Because the Obama Administration has stonewalled a Freedom of Information Act (FOIA) request submitted last April, the National Right to Work Legal Defense Foundation filed a lawsuit today to compel the Department of Labor (DOL) to release information related to high-ranking officials’ contact with union operatives.

“The Administration’s apparent involvement with union officials fatally undermines the integrity of the Department of Labor’s rule-making and administrative oversight,” said Mark Mix, president of the National Right to Work Foundation. “The public deserves to know the extent of the close ties between this Administration and organized labor bosses.”

National Right to Work originally lodged a FOIA request last spring, seeking disclosure on high-ranking DOL officials’ connections to powerful union lobbying interests. The FOIA submission cited concerns about Secretary of Labor Hilda Solis, who previously held a key leadership position at the Big Labor-front group “American Rights at Work,” and Deborah Greenfield, a DOL appointee who previously worked with the AFL-CIO to overturn the same union disclosure guidelines she now oversees.

As of today, the DOL has refused to honor President Obama’s widely touted promise of transparency and has failed to follow federal laws requiring the timely disclosure of public information. As a result, Right to Work attorneys concluded that a federal lawsuit was the only way to compel the level of transparency promised by President Obama and guaranteed under the Freedom of Information Act.

“It’s absolutely vital that this information is made available to the public to dispel real concerns about conflicts of interest at the Department of Labor,” continued Mix. “On the campaign trail, Obama said that ‘the way to hold government accountable is to make it transparent so that the American people can know exactly what decisions are being made [and] how they’re being made.’ We intend to hold him to that promise.”

Employee Lawsuit Pushes Teacher Union Bosses to Refund Dues, Allow Educators to Resign

Despite a partial victory, Right to Work Foundation presses forward with lawsuit to ensure all public educators’ rights are protected

Louisville, KY (November 18, 2009) – Facing an embarrassing legal setback from rank-and-file teachers, Jefferson County Teacher Association (JCTA) union officials announced their intention to refund several educators’ forced dues and allow public school employees to resign from union membership during a new window period and terminate certain forced dues payments.

This announcement comes on the heels of a class-action lawsuit filed by Jefferson County educators with free legal assistance from the National Right to Work Foundation. The lawsuit, filed against the JCTA union and its national affiliate, the National Education Association (NEA) union, in U.S. District Court, seeks the return of illegally seized dues, a modification of the union’s contract to allow employees to resign from union membership at any time, and a regular notice from the union brass informing public school employees of their right to refrain from formal union membership.

Currently, teachers employed in Jefferson County are automatically enrolled as union members and forced to pay full union dues unless they explicitly register an objection to JCTA union officials. Before union officials announced their new policy, teachers were only permitted to resign from formal union membership during a ten day-window period after an individual teacher’s contract was signed or after the union hierarchy agreed to a new contract with the local school board. If a teacher failed to register an objection to union membership within either period, he or she was forced to remain a full dues-paying union member until the expiration of the union’s five-year contract with the local school board.

The suit has already prompted union officials to announce their intention to refund over $1,100 of confiscated union dues to each of the lawsuit’s named plaintiffs, but apparently not to the hundreds of other educators represented in the class action lawsuit. Union officials have also unveiled a new opt-out period for educators seeking to leave the union that lasts until December 31.

However, Foundation attorneys believe that these changes do not address several core concerns raised in the educators’ lawsuit. Under the new policy, Jefferson County educators can still be automatically enrolled in the union without their consent and dissatisfied union members will still be forced to wait for an unconstitutional, union-designated window period to resign. Moreover, JCTA officials retain the option of reversing these policy changes without a binding legal precedent.

“Union bosses know that their illegal policy won’t hold up under the scrutiny of a federal class-action lawsuit, and this belated concession is a desperate attempt to avoid issuing refunds to literally hundreds of educators whose rights have been violated,” said Stefan Gleason, vice president of the National Right to Work Foundation. “JCTA bosses must get rid of their coercive membership policy in its entirety, and we intend to pursue all legal remedies available to the Kentucky educators whose rights are being violated.”

Independent-Minded Employees Slap Teamster Bosses with Federal Labor Charges For Illegal Threats

Right to Work Foundation aids courageous employees who union bosses threatened to have fired

Auburn, Washington (November 17, 2009) – Two Alan Ritchey Incorporated employees have hit local Teamster union officials with unfair labor practice charges after the union brass illegally threatened them with imminent termination.

Gayle May and Patricia Allen, employees of the transportation, storage, and mail delivery manufacturer and supplier, contacted the National Right to Work Foundation after they received a letter from Teamster Local 117 union officials giving them only days to exercise their legal rights to refrain from paying union dues spent for non-bargaining activities like political activism, lobbying, and member-only events, even though they had already exercised these rights.

With help from Foundation attorneys, the employees – on behalf of dozens of other similarly-situated Alan Ritchey employees – filed the charges with the National Labor Relations Board regional office in Seattle.

May and Allen held a clear and longstanding objection to formal, dues paying union membership exercising their rights under the Foundation-won Communication Workers of America v. Beck (1988) U.S. Supreme Court victory. In Beck, the Court held that union officials can lawfully compel nonmembers to pay some union dues as a job condition, but they cannot forcibly extract dues spent for union electioneering and other non-bargaining activities.

Over the years, May and Allen have filed several charges against Teamsters 117 over its campaign of retaliation and harassment against independent-minded employees who exercise their Beck rights.

In a new twist, Teamster Local 117 union bosses – citing a new contract between the union and the employer – bullied May and Allen with threats of fines and termination unless they “reiterate” their intentions to exercise their rights under Beck. Employees who exercise their right to refrain from full dues paying union membership are not required to “reiterate” or “renew” their status. Regardless, Local 117 officials sent the employees the letter giving them only a few days to do so (without detailing how) or they would be fired from their jobs.

"It is clear that Local 117 union bosses are employing a new form of illegal harassment aimed at purging independent-minded employees from the workplace," said Stefan Gleason, vice president of the National Right to Work Foundation. "Incidents like this reinforces why Washington needs to pass a state Right to Work law to protect independent-minded employees from shameful union boss threats and intimidation."

Teamster Bosses Face Federal Charges After Blocking Workers from Stopping Dues Payments

Unwilling UPS employees forced to continue paying union dues

Orlando, FL (November 4, 2009) – With free legal assistance from the National Right to Work Foundation, a local worker is challenging Teamster officials’ efforts to block several UPS employees from opting out of union dues.

Dean Alamo, a Kissimmee resident and UPS freight employee, filed federal unfair labor practice charges at the National Labor Relations Board (NLRB) against the International Brotherhood of Teamsters Local 385 union and UPS on behalf of himself and similarly situated workers.

In August 2009, Alamo and several other UPS employees resigned from the Teamsters union and attempted to revoke their dues deduction authorizations, which are used by union officials to automatically withhold dues from employee paychecks. Despite employees’ best efforts, union operatives continue to collect full dues from workers who previously resigned from the union. Moreover, Teamster officials have not registered an objection to Alamo’s or any other worker’s dues deduction revocations.

Alamo also requested that UPS and the union notify him if there was a designated window period to opt out of union dues. Both UPS and the Teamsters failed to respond to Alamo’s inquiry.

Alamo’s charges will now be investigated by the NLRB, which can prosecute the union for violating the legal rights of the employees they claim to represent.

“Despite repeated requests, the local Teamster union and the company have ignored workers’ attempts to stop paying union dues” said Stefan Gleason, vice president of the National Right to Work Foundation. “We intend to make sure that Teamster operatives play by the rules and stop extorting union dues from unwilling workers.”

Employee Hits Newspaper Guild Union with Federal Charges for Illegal Forced Dues Policy

Annual “opt-out” scheme forces nonmember employees to pay full union dues

New York, NY (November 2, 2009) – With free legal assistance from the National Right to Work Foundation, a local employee has filed federal unfair labor practice charges against the Newspaper Guild of New York Local 3 Union.

Jeremy Rosenbaum, a financial analyst at Standard & Poor’s, is not a union member and had previously exercised his right to opt-out of certain union dues. In July of 2009, Rosenbaum discovered that union officials arbitrarily stripped him of his objector status, forcing him to pay full dues.

Although employees can be required to pay union dues as a condition of employment, the Foundation-won Supreme Court decision Communication Workers v. Beck guarantees the right of workers to opt-out of dues intended for purposes other than union bargaining, including lobbying, political activism, and members-only activities.

However, local union bosses maintain a controversial policy that requires employees to annually renew their objection to paying forced union dues unrelated to bargaining. If an employee fails to register an objection within a window period designated by union officials, they are automatically re-enrolled as full dues-payers.

In response, Rosenbaum filed charges with the National Labor Relations Board (NLRB), seeking union recognition of his right to opt-out of dues for ideological activities and a rescission of the union’s annual objection policy. The charges will now be investigated by NLRB officials. Several courts and NLRB administrative law judges have ruled similar policies unlawful.

“We intend to make the union hierarchy pay for their violations of employee rights,” said Stefan Gleason, vice president of the National Right to Work Foundation. “However, the best way to protect all workers from similar mistreatment would be for New York to adopt a Right to Work law, making the payment of union dues purely voluntary.”

Fort Jackson Security Guard Takes Courageous Stand Against Repeated Union Boss Threats and Abuses

National Labor Relations Board agents investigate charges after Right to Work Foundation attorneys join worker’s efforts

Columbia, South Carolina (October 30, 2009) – A local employee of Wackenhut Services, Inc, a security service provider contracted with Fort Jackson, is fighting back against compulsory unionism after union officials illegally attempted to have him fired from his job for refusing to pay forced union dues.

In September 2008, Ronald I. Paul filed unfair labor practice charges with the National Labor Relations Board (NLRB) challenging Wackenhut and International Union, Security, Police and Fire Professionals of America (SPFPA) and its affiliated Local 339 union bosses after Wackenhut fired him in August 2008 for refraining from formal, dues paying union membership.  The charges were eventually settled in December of 2008 and Paul continued his employment.

Starting in May 2009, in violation of the settlement, the employer and SPFPA union officials issued new threats against Paul’s job. Claiming that Paul’s workplace is on an “exclusive federal enclave” not protected by South Carolina’s popular Right to Work law, SPFPA union officials compelled Paul to attend a meeting and coerced him to apply for union membership as a condition to keep his job.  In response, Paul filed another round of unfair labor practice charges against the union – pointing out that the union’s own contract explicitly states that formal union membership is not a condition of employment. In September, the NLRB notified Mr. Paul that his charges would be dismissed.

Attorneys from the National Right to Work Foundation contacted Mr. Paul offering free legal aid (which Paul eagerly accepted), and the regional NLRB office in Winston-Salem, North Carolina is now investigating Paul’s charges and additional charges filed by Foundation attorneys. Related charges against Wackenhut are also pending.

In the Foundation-won Communication Workers of America v. Beck (1988), the U.S. Supreme Court held that union officials can lawfully compel nonmembers to pay union dues as a job condition, but not the part of dues spent for non-bargaining activities like political activism, lobbying, and member-only events.  Under Beck, unions must also provide such employees with an audited breakdown of chargeable expenses.

SPFPA union officials continue to threaten Paul despite the fact that they did not provide him with an adequate explanation as required under Beck for the basis of their claims against a portion of his earnings.  Additionally, SPFPA union bosses are requiring employees who refrain from formal, dues paying union membership to partake in an overly burdensome process of specifying the amount of non-bargaining dues they do not wish to pay without providing them with sufficient information to make such a decision.  And finally, Paul is challenging the SPFPA union’s nationwide policy of requiring employees to object every single year to paying union dues they cannot be lawfully forced to pay – rather than objecting just once.

“SPFPA union bosses have repeatedly reneged on their own word and we hope the NLRB will now hold them accountable for their thuggery,” said Stefan Gleason, vice president of the National Right to Work Foundation.   “Right to Work litigators stand guard with Mr. Paul to protect him from union bosses who will stop at nothing to seize hard earned money for their own purposes.”

Employees Slap Teamster Bosses with Federal Charges for Blocking Their Attempt to Stop Paying Full Union Dues

National Labor Relations Board to investigate Teamsters officials’ scheme to force workers to pay union dues

Jackson, MI (October 28, 2009) – With free legal assistance from the National Right to Work Foundation, three local employees have filed unfair labor practice charges against the International Brotherhood of Teamsters Local 164 union for obstructing their attempts to opt-out of forced union dues.

Michael Vetrovec, Robert Harris, and Larry Kunk are employed by Perfection Associates L.L.C. in Jackson, Michigan. All three employees object to Teamster membership and attempted to opt-out of paying full union dues.

Because Michigan lacks a Right to Work law, employees can be forced to pay certain union dues as a condition of employment. But the Foundation-won Supreme Court decision Communication Workers v. Beck guarantees the right of workers to opt-out of forced dues intended for purposes other than workplace bargaining, including lobbying, political activism, and members-only activities.

However, Teamsters officials have not stopped collecting forced dues from Vetrovec, Harris, and Kunk earmarked for non-chargeable activities. Union officials have also failed to provide them with an independently audited breakdown of union expenditures, which is required by law to ensure that workers are not being compelled to pay for objectionable activities.

Moreover, union officials told Vetrovec that he would have to sign another check-off form authorizing the automatic payroll deduction of union dues if he wanted to opt-out of dues unrelated to collective bargaining. Previous Foundation-won precedents have also established that non-members cannot be required to authorize automatic dues deduction.

The charges will now be investigated by the National Labor Relations Board.

“While we’re confident that this dispute will be resolved in favor of the workers, no one should have to file federal charges just to keep their hard-earned salary from being diverted to fund a union’s radical politics,” said Stefan Gleason, vice president of the National Right to Work Foundation. “The best way to end this type of abuse would be for Michigan to adopt a Right to Work law, making the payment of union dues strictly voluntary.”

Union Bosses Block Worker’s Attempt to Stop Paying Forced Dues When Resigning from Union Membership

CWA union officials refuse to stop union dues seizures without legal basis

Albion, Nebraska (October 1, 2009) – With free legal assistance from the National Right to Work Foundation, a local worker has filed unfair labor practice charges against the Communication Workers of America (CWA) Local 7476 union for blocking his attempt to stop paying union dues after resigning from union membership.

James Getzfred, an employee of Source Gas, resigned from the union and attempted to revoke authorization for union dues deduction on September 9, 2009. Instead of complying with his request, CWA bosses told Getzfred that he’d have to wait for a union-designated “window period” before he could opt out of union dues.

Nebraska is a Right to Work state, which means workers cannot be forced to pay union dues as a condition of employment. Prior Supreme Court precedents have also established that employees have the right to resign from union membership at any time. However, CWA bosses now argue that an obscure legal technicality prevents workers who have resigned from union membership from ending dues payments until they explicitly opt-out during a union-prescribed window period.

Under federal law, this window period requirement can only be enforced if an employee explicitly agrees to it when he or she first authorizes the payroll deduction of union dues. So far, CWA bosses have been unable to produce Getzfred’s original authorization to demonstrate that he agreed to the CWA’s window period.

Moreover, the CWA local’s current dues authorization form includes no language that obligates union members to adhere to a window period if they resign from union membership and wish to stop paying union dues.

Getzfred’s charges seek an immediate end to further forced dues collection and a retroactive reimbursement of union dues from the date of his resignation. The charges also demand that CWA officials notify all Source Gas employees of their right to resign from union membership and stop paying union dues at any time.

“CWA union bosses seem more interested in exploiting rank-and-file workers and extracting union dues than respecting their rights,” said Stefan Gleason, vice president of the National Right to Work Foundation. “James Getzfred wants nothing to do with this union, but these union bosses are thumbing their noses at Nebraska’s popular, job-creating Right to Work law with the hope of preventing other workers from exercising their rights as well.”

Nurse Hits Union Brass with Unfair Labor Practice Charges for Illegal Forced Dues Scheme

Nurses campaigning to strip union officials of their power to get nurses fired for refusing to pay union dues

Warwick, RI (September 23, 2009) – With free legal aid from the National Right to Work Foundation, a Kent Hospital nurse has filed federal unfair labor practice charges against a local nursing union for illegally attempting to coerce her and other employees into formal, full-dues paying membership.

The charges come just as the nurses are seeking an election to strip the United Nurses and Allied Professionals (UNAP) Local 5008 union hierarchy of all power to compel dues payments as a job condition.

In the 22 states with Right to Work protections, employees cannot be forced to pay any union dues. The U.S. Supreme Court held in the Foundation-won Communication Workers of America v. Beck (1988) that union officials in states like Rhode Island, which do not have Right to Work laws, can lawfully compel nonmembers to pay union dues as a job condition, but not the part of dues spent for activities like political activism, lobbying, and member-only events. Union officials must also provide nonmembers with an independently audited breakdown of union expenditures, and nonmembers may challenge the calculation of the reduced fees.

Local 5008 recently disseminated a “Fact Sheet on Union Dues” to Jeanette Geary and other nurses at Kent Hospital. In the document, union officials told the employees that if they wish to exercise their right to refrain from union membership, they will pay only one dollar less per pay period than union members. But union officials never provided the nurses with the required independent audit of union expenditures necessary to determine whether they are being forced to pay more than allowed under law.

Foundation attorneys argue that Local 5008 union bosses have also implemented an illegal policy designed to force employees into “choosing” automatic deduction of monthly dues over the burdensome alternative of two lump sums paid semi-annually. Union officials have also informed the nurses that dues will be deducted automatically, even if they never authorized the deduction.

The National Labor Relations Board regional director in Boston will now investigate the charges and determine whether to prosecute Local 5008 before an administrative law judge. Geary is also spearheading a campaign to collect signatures from her fellow nurses to conduct a deauthorization election, which would remove the forced-dues clause from the contract.

“Sadly, skirting financial disclosure requirements and trying to coerce nurses like Jeanette Geary into union membership has become standard operating procedure for these union officials,” said Stefan Gleason, vice president of the National Right to Work Foundation.

Employees File Federal Class Action Suit to Halt Abusive Mandatory Union Dues Scheme

Right to Work Foundation helps employees challenge national union’s illegal “annual objection” policy

Aberdeen, Maryland (September 21, 2009) – Today, two employees filed a class action federal suit challenging the International Association of Machinist and Aerospace Workers (IAM) union’s nationwide policy requiring employees to object year after year to paying union dues they cannot be lawfully forced to pay.

With free legal aid from the National Right to Work Foundation, Jacobs Technology Incorporated employees Rick Gorham and Robert Negosta are challenging the IAM union officials’ scheme intended to thwart non-union members’ legal rights to refrain from paying union dues for union electioneering and other non-bargaining activities. Foundation attorneys filed the complaint in Maryland’s U.S. District Court on behalf of the two employees and all of Jacobs Technology’s other similarly-situated employees.

In the Foundation-won Communication Workers of America v. Beck (1988), the U.S. Supreme Court held that union officials can lawfully compel nonmembers to pay union dues as a job condition, but not the part of dues spent for non-bargaining activities like political activism, lobbying, and member-only events. However, these limited rights have been difficult to enforce, as union officials often concoct illegal schemes such as these “annual objection” policies to burden or thwart employees from exercising their rights.

While the IAM union hierarchy’s annual objection policy should not apply to employees who have refrained from IAM union membership, IAM union officials still illegally require nonmember employees nationwide to file formal objections every year. Additionally, IAM union bosses regularly change the dates for the annual thirty-day window period ostensibly to create additional confusion.

Foundation attorneys won a similar case challenging the IAM’s annual objection policy under the Railway Labor Act in a U.S. District Court in Virginia. The court forced the union to abandon the policy, but the union lawyers are trying to keep the policy in force in all workplaces not governed by that statute. Foundation attorneys are now challenging the policy that applies to employees covered by the National Labor Relations Act (NLRA).

“These workers are taking a courageous stand against funding the Machinist union bosses’ radical political agenda and fat-cat lifestyles,” said Stefan Gleason, vice president of the National Right to Work Foundation. “No worker should be compelled to hand over their hard earned dollars so that IAM union bosses can play politics or take vacations with the union’s $2 million private jet.”