Union boss suit pushes theory that could jeopardize all 26 state Right to Work laws and create “right” to collect forced union dues from unwilling workers
Boise, ID (May 26, 2016) – The National Right to Work Foundation, a non-profit organization that provides free legal assistance to union-abused employees nationwide, will file an amicus curiae brief in International Union of Operating Engineers (IUOE) Local 370 v Wasden, a federal lawsuit that challenges Idaho’s Right to Work law. The brief in support of the state’s motion to dismiss will be filed in United States District Court for the District of Idaho.
The brief notes that Right to Work laws have withstood intense legal scrutiny for over 60 years, having never been struck down by a federal court or a state appellate court. Responding to IUOE union lawyers’ dubious claim that Right to Work laws unconstitutionally force union officials to “represent” nonunion employees without compensation, the brief notes that the National Labor Relations Act grants unions immense workplace power by allowing them to impose a one-size-fits-all union contract on all employees – union and nonunion alike – in a union-controlled bargaining unit.
“IUOE bosses are asking a United States District Court to reject over 60 years of legal precedent,” said Mark Mix, president of the National Right to Work Foundation. “Idaho’s longstanding and popular Right to Work law should not be overturned on the basis of an outrageous legal theory advanced by union lawyers, who are attempting to create a constitutional ‘right’ for union bosses to extort money from workers forced to accept unions’ so-called representation.”
Foundation staff attorneys have also defended newly-enacted Right to Work laws in Indiana, Michigan, and Wisconsin from various union legal challenges, most recently in a brief submitted to the Wisconsin Court of Appeals.