School Bus Drivers Force AFSCME Union Officials to Respect Their Rights

Lack of Hoosier State Right to Work Law Leads to Employee Abuse

Indianapolis, IN (September 16, 2009) – With free legal aid from the National Right to Work Foundation, three bus drivers have forced union officials to halt their unfair labor practices after union officials rebuffed the workers’ attempts to opt out of union membership and forced them to pay fees spent for union electioneering and other objectionable activities.

In the Foundation-won Communication Workers of America v. Beck (1988) decision, 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 activities like political activism, lobbying, and member-only events. However, these limited rights have been difficult to enforce, which adds further strength to the case for a state Right to Work law to end the abusive practice of forcing workers to pay dues or be fired.

American Federation of State, County and Municipal Employees (AFSCME) Local 3826 union bosses failed to provide First Student school bus drivers with a notification of their rights under Beck. In March and April 2008, Barry and Connie Hickman sent two letters each to AFSCME Council 62, the regional body which handles the local’s objection policy, objecting to paying for non-bargaining costs they cannot be required to support financially. Thomas Spencer II sent a similar objection letter in May.

But in September, AFSCME union officials deducted forced dues from the paychecks of the Hickmans, Spencer, and other similarly situated employees, even though the employees never authorized dues deduction. Two months later, union bosses threatened that the employees would be fired by First Student if they did not join the union and sign dues deduction authorization cards.

In mid-January, AFSCME union brass finally provided the Hickmans with a notice of the union’s objection policy but informed them that they would need to send new objection letters by January 31, even though they had already each formally objected twice in the last year. Union officials never provided Spencer with such a notice at all and deducted full union dues from his paycheck without his consent.

The settlement requires union officials to post notices informing employees of their right to refrain from formal, full dues-paying membership. Spencer will be reimbursed for the union fees that union officials now admit funded non-chargeable activities.

AFSCME union officials will also provide the employees with an audited breakdown of chargeable expenses, and the workers will have the opportunity to challenge the amount of the reduced fees they will still be forced to pay. To date, 22 states have passed Right to Work protections that ensure employees are not forced to pay any union dues as a condition of employment, but Indiana remains a forced unionism state.

“Only a Right to Work law in Indiana will protect workers from power-hungry union bosses who trick, mislead, and threaten employees to pay union dues to fund their agenda,” said Stefan Gleason, vice president of the National Right to Work Foundation. “No worker should be forced to associate with a union as a condition of getting or keeping a job.”

National Worker Advocates Issue Labor Day Statement: “Big Labor’s Political Ambitions are Unprecedented”

Leading union watchdog groups warn of looming power grabs and resulting damage to employee rights and America’s fragile economy

Washington, DC (September 4, 2009) – Mark Mix, President of the National Right to Work Legal Defense Foundation and National Right to Work Committee, released the following statement regarding this year’s Labor Day holiday.

“This Labor Day, many Americans will enjoy a well-deserved long weekend. But as we celebrate the free-enterprise system and the value of hard work, union officials are mounting an unprecedented effort to grab more coercive power. At its core, their basic goal is simple: expand the number of workers forced to pay union dues and accept mandatory union representation just to keep their jobs.

“Unfortunately, the union hierarchy’s ambitions go well beyond the scope of previous years. Now that union operatives have helped install a President who in his own words says ‘he owes these unions,’ Big Labor is focused on a series of unprecedented power grabs.

"Their first priority is coercive ‘card check’ legislation, which would shove millions of unwilling workers into unions, disenfranchising workers from the process, and forcing struggling job-providers to knuckle-under to government-imposed contracts. Other legislative plans include the newly-revived Police and Firefighter Monopoly Bargaining Bill, which threatens America’s first responders with federally-mandated unionization. The National Right to Work Committee is mobilizing its 2.2 million members to combat these and other bills designed to force even more unwilling workers into unions.

“Throughout the United States, more than 12 million American workers are already compelled to pay union dues as a condition of keeping their jobs. And millions more are required by law to accept a union’s so-called ‘representation,’ even if they never asked or voted for it.

“Meanwhile, many workers feel they have no choice but to pay for organized labor’s extensive political activities, while others are still unaware of their right to object. That’s why the National Right to Work Legal Defense Foundation is providing free legal aid to thousands of employees nationwide.

“This Labor Day, we commend all workers brave enough to stand up to union intimidation, harassment, and even violence as they defend their cherished freedoms. While we look forward to the day when no American is forced to pay tribute to an unwanted union, we must steel ourselves for the legislative and judicial battles ahead to defend employee freedom.”

To download Mark Mix's statement as an MP3: Click here.

Postal Worker Files FEC Complaint for Illegal Union PAC Money Laundering Scheme

Granite State union bosses illegally diverted postal employee's membership dues to fund political coffers

Nashua, New Hampshire (July 28, 2009) – The National Right to Work Legal Defense Foundation has filed a formal complaint with the Federal Election Commission (FEC) asking it to investigate charges made by a Nashua-area postal worker who discovered his annual union membership dues were illegally diverted into the union’s political action committee (PAC).

In July 2006, United States Postal Service employee Philip Wakeman paid $429 in membership dues to join the National Postal Mail Handlers Union (NPMHU), a division of the Laborers’ International Union.  On the “Memo” line at the bottom of the check, he wrote “Union Dues.”  A union official later acknowledged receipt of the union dues.

In October 2008, over two years after submitting the check to the NPMHU union, a stranger called Wakeman on an unrelated matter and informed him that she found his information on the Internet.  The stranger then suggested that he do a “Google” Internet search of his name.   After doing so, Mr. Wakeman was astounded to find his name disclosed as making a contribution to the NPMHU PAC in the exact amount of his annual NPMHU union membership dues – all without his knowledge.

Apparently NPMHU union bosses had illegally diverted his dues payment to the union’s PAC.   Mr. Wakeman contacted the National Right to Work Legal Defense Foundation, and Foundation attorneys filed a complaint with the Federal Election Commission for him and the Foundation.

It is illegal for union officials to fund union PACs using “dues, fees, or other moneys required as a condition of membership in a labor organization.”  NPMHU union bosses are also accused of violating federal election law by making a political campaign contribution in another person’s name and soliciting political contributions under false pretenses while failing to inform Mr. Wakeman that his membership dues would be used for political purposes.

“This union money laundering scheme makes a mockery of the right to political autonomy,” said Stefan Gleason, vice president of the National Right to Work Foundation.   “Foundation attorneys intend to trigger prosecution of this NPMHU union boss political fundraising fraud and an investigation into whether there is a larger scheme afoot. We urge the FEC to take decisive action.”

AT&T Worker Hits Union Bosses With Federal Charges for Illegal Forced Dues Demands

Union officials attempted to illegally force worker to pay dues after the union’s contract expired

Mayville, WI (July 28, 2009) – With free legal assistance from the National Right to Work Foundation, a Mayville-based AT&T employee has filed federal unfair labor practice charges against a local union for a series of illegal demands.

In charges filed last Friday at the National Labor Relations Board (NLRB), John Scott of Campbellsport, Wisconsin details a litany of abuses involving the Communications Workers of America (CWA) Local 4622 union and its national affiliate, including an illegal attempt to force workers to continue to pay dues after the union’s contract with their employer expired. Union officials’ previous agreement with AT&T contained a provision requiring nonmember employees to pay certain union dues or be fired from their jobs, but now that the agreement has lapsed, nonunion workers cannot be compelled to pay any dues whatsoever.

These allegations follow several other reports of unlawful coercion of AT&T workers at the hands of CWA operatives. AT&T employees in St. Louis recently filed similar charges, indicating that CWA officials forced them to pay dues after their contract with AT&T expired.

Scott also alleges that CWA officials refused to recognize his right to refrain from paying union dues unrelated to collective bargaining. Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, nonunion workers can be forced to pay certain dues as a condition of employment, but they cannot be compelled to fund any union activities unrelated to bargaining, such as political activism, lobbying, and public relations.

Although union officials never formally acknowledged Scott’s right not to pay certain dues, they also insisted that any worker who opted-out of fees unrelated to workplace bargaining must annually renew their objections. Despite several adverse rulings from administrative law judges, CWA officials continue to force workers to annually renew their objections to union dues.

With AT&T contracts expiring nationwide, union bosses appear to be ramping up their efforts to keep unwilling employees in line. Other charges filed with the assistance of National Right to Work Foundation attorneys in St. Louis and New Jersey allege that CWA operatives attempted to force nonunion workers to abandon their jobs at the drop of a hat in the event of a CWA strike.

“It’s absurd that AT&T employees are forced to jump through this many hoops just to reclaim their forced union dues,” said Stefan Gleason, vice president of the National Right to Work Foundation. “No worker should be forced to pay tribute to a union boss just to get or keep a job.”

Workers Slap Communications Union Bosses With Federal Charges for Illegal Forced Dues Demands

Union officials attempted to force one St. Louis-based employee to abandon his job during union-ordered strike

St. Louis, MO (July 23, 2009) – With free legal assistance from National Right to Work Legal Defense Foundation attorneys, two St. Louis-based AT&T employees have filed federal unfair labor practice charges against union officials for illegal coercion.

The charges outline a series of abuses involving Communication Workers of America (CWA) Local 6300 union and its national affiliate, including an illegal attempt to force one worker to participate in a general strike. These allegations come on the heels of similar charges filed by AT&T employees in New Jersey, who also report that CWA militants attempted to force them to participate in an upcoming work stoppage.

David McBride of Granite City, Illinois and Jeanette Burton of Imperial, Missouri allege that union officials engaged in a series of abusive and illegal practices. In addition to attempting to force McBride to participate in a strike, union operatives refused to recognize either workers’ right to refrain from paying forced union dues unrelated to collective bargaining. Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, nonunion workers can be forced to pay certain dues or lose their jobs, but they cannot be compelled to fund any union activities unconnected to workplace bargaining, including political activism, lobbying, and public relations.

After union officials finally acknowledged the employees’ rights to opt-out of certain dues, they continued to insist that both workers had to renew their objections annually. Moreover, CWA Local 6300 also failed to provide both workers with an independently-verified breakdown of union expenditures. An audited disclosure of union finances is required by Foundation-won legal precedents to ensure nonunion workers are not being compelled to pay for non-bargaining activities.

Finally, union officials continued to force both workers to pay dues after the union’s contract with AT&T expired in April 2009. The union hierarchy’s previous agreement with AT&T contained a provision requiring nonmember employees to pay union dues for collective bargaining, but now that the agreement has lapsed, neither employee can be compelled to pay any dues to CWA officials.

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

“It’s absurd that AT&T employees are forced to jump through this many hoops just to reclaim their forced union dues, and the union’s efforts to force one worker off the job is even worse” said Stefan Gleason, vice president of the National Right to Work Foundation. “No worker should be forced to pay tribute to a union boss just to get or keep a job.”

Los Angeles Times Employees Illegally Threatened with Lawsuit for Refusing to Pay Union Dues

Illegal contract provides pretext for Teamster bosses to sue employees for not joining the union or paying dues

Los Angeles, CA (June 1, 2009) – With free legal assistance from the National Right to Work Foundation, a Los Angeles Times employee has filed unfair labor practice charges against newspaper and union officials for threatening him with an illegal lawsuit.

Over the past six months, union officials from the Graphic Communications Conference of the International Brotherhood of Teamsters (GCC/IBT) Local 140-N have repeatedly ordered Leon Carey, Jr. and similarly situated employees to join the union and pay full dues or face a lawsuit in California civil court, citing a clause in the union’s contract with the Los Angeles Times. Carey’s charges allege that these actions violate the National Labor Relations Act (NLRA), which prohibits union officials from restraining or coercing workers who refrain from formal, full dues-paying union membership.

Because California is not a Right to Work state, employees can be obligated to pay union dues related to collective bargaining as a condition of employment. However, employees are not obligated to formally join a union or pay dues for activities other than workplace negotiations, such as lobbying and electioneering.

Moreover, union officials must provide nonunion workers with an independently-audited breakdown of all union expenditures, which is required to allow nonunion employees to opt out of dues unrelated to collective bargaining. In addition to threatening nonunion employees with an illegal lawsuit, Teamster officials also failed to provide them with sufficient information on the union’s financial outlays.

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

“It’s bad enough that employees can be forced to pay union dues just to keep a job, but these thuggish tactics are completely uncalled for,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Making union membership and dues-payment completely voluntary is the only way to prevent this type of abuse in the future, which is why California desperately needs a Right to Work law.”

Studio Teacher Hits Union with Federal Labor Board Charges After Being Fired for Not Paying Union Dues

Union bosses retaliated against studio teacher for non-membership despite her efforts to join the union

Los Angeles, California (May 13, 2009) – With free legal assistance from the National Right to Work Foundation, a Venice-based employee of Hesher Productions, LLC has filed unfair labor practice charges against the company and the International Association of Theatrical Stage Employees (IATSE) Local 884 union for her illegal termination.

Mandy Diassellis was formerly employed as a studio teacher by Hesher Productions in Santa Monica. Thinking she had an obligation to do so, she tried to join IATSE Local 884, but she was refused membership and subsequently fired for not joining the union. The charges will now be investigated by the National Labor Relations Board.

Because California does not have a Right to Work law making union membership and dues payment voluntary, workers are routinely forced to pay union dues or lose their jobs. However, federal labor statutes do not impose a forced dues requirement until workers have been employed in the same bargaining unit for at least 30 days. Further, under federal law, when an employee is barred from union membership for a reason unrelated to nonpayment of dues, the union loses its special legal privilege to compel any dues payment whatsoever.

Diassellis was not a member of IATSE Local 884 and had not been employed by Hesher Productions for more than 30 days, and therefore could not yet be legally forced to pay union dues or join the union. However, Diassellis did attempt to join the union, not understanding that formal membership was not required by law, but was then rebuffed by IATSE union officials anyway. After rejecting her attempt to join the union, union officials ordered her employer to fire her for not having joined the union or paid dues.

The charges filed by Foundation attorneys seek the immediate reinstatement of Diassellis to her job, as well as payment of back pay owed her since the day she was fired.

“For whatever reasons, union bosses wanted Mandy Diassellis fired, and they flagrantly broke the law in doing so,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Union bosses in the entertainment industry have routinely ignored federal labor laws in an effort to maintain monopoly control of who is hired and who is fired. We intend to challenge and stop this flagrant violation of employee rights.”

Taxi Drivers Force Union to End Illegal Union-Dues Scheme

Union bosses illegally refused to allow drivers out of union membership, despite Nevada’s popular Right to Work law

Las Vegas, Nevada (May 13, 2009) – With free legal aid from the National Right to Work Legal Defense Foundation, a cab driver working for the largest taxi business in Las Vegas forced a local union’s bosses to back down after they refused to allow him and his coworkers to exercise their right to refrain from formal, dues-paying union membership.

Late last year, Fred Haeberle and some of his colleagues at the Nevada Yellow, Checker and Star Cab Corporations attempted to resign from formal, dues-paying union membership with the Industrial, Technical, and Professional Employees (ITPE) union – a local union of the Office and Professional Employees International Union (OPEIU), an AFL-CIO affiliate.

ITPE union bosses maliciously refused Haeberle’s request – saying he had “no standing” to assert his rights. Haeberle then turned to the National Right to Work Foundation for free legal aid.

In the Foundation-assisted Pattern Makers v. National Labor Relations Board (NLRB) United States Supreme Court case, the Court held that employees have the right to resign from union membership at any time. And Nevada’s Right to Work law prohibits union officials from compelling employees to join or pay dues to a union.

After Foundation attorneys filed a federal charge with the NLRB for Haeberle (and others similarly situated), the ITPE union acknowledged that Haeberle’s request indeed had standing, but still wrongly claimed that he had to wait until a designated “window period” of time in order to resign from union membership.

Only when the NLRB Regional Office seemed poised to prosecute the violations did ITPE union officials back away from this illegal “window period” policy. The threat of prosecution forced ITPE union officials to admit Haeberle’s original union membership resignation letter was indeed effective, and they agreed to settle. ITPE union bosses must also now post a notice stating that they will no longer deny workers of their right to refrain from union membership or use “window periods” to prevent workers from exercising their right to resign from formal union membership.

“Union bosses are interested in one thing, and one thing only: money,” said Stefan Gleason, vice president of National Right to Work. “Workers should not have to get an attorney, nor face ugly union intimidation and stonewalling tactics, when they try to exercise their legal rights under Nevada’s popular Right to Work law.”

AT&T Worker Files Federal Charges Over Forced Union Dues

Union officials refused to allow workers to opt-out of paying for union politics and other activities

St. Louis, Missouri (April 29), 2009) – With free legal assistance from the National Right to Work Foundation, a St. Louis-based AT&T employee has filed unfair labor practice charges challenging a local area union’s compulsory dues requirements.

Despite resigning her union membership in 2004, Jeanette Burton of Imperial, Missouri was never informed of her right to opt-out of union dues used for politics and other non-bargaining activities. When Burton attempted to exercise her right to stop paying dues, Communication Workers of America (CWA) Local 6300 union officials ignored her objections and continued to collect full union dues from her paycheck.

Moreover, union officials continued to force Burton to pay dues after the union’s contract with AT&T expired in April 2009. The union’s previous agreement with AT&T contained a provision requiring nonmember employees to pay union dues for collective bargaining, but after the agreement lapsed, Burton could no longer be compelled to pay any dues to CWA officials.

CWA Local 6300 also failed to provide Burton with a federally-mandated audit of union financial expenditures, which is necessary to allow workers to determine whether they are being forced to pay more than can be required as a condition of employment.

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, public relations, and other non-bargaining activities. Union officials are also legally obligated to inform workers of these rights.

The Foundation’s unfair labor practice charges seek an end to all unlawful union deductions and guarantees that the union hierarchy will comply with its Beck obligations and reimburse nonunion workers’ forced dues. The case will now be investigated by the National Labor Relations Board.

“Workers shouldn’t have to jump through legal hoops just to protect their hard-earned paychecks,” said Stefan Gleason, vice president of the National Right to Work Foundation. “The only way to stop future abuse is to pass a Missouri Right to Work law, making all union dues strictly voluntary.”

Right to Work Foundation Files Lawsuit for Nonunion Worker Forced to Pay Teamster Dues

Employee seeks injunctive relief and financial damages in District Court

Wilkes-Barre, Pennsylvania (April 28, 2009) – National Right to Work Foundation attorneys today filed suit in United States District Court for an employee forced to pay agency fees by Teamsters officials at a Luzerne County government office.

The plaintiff, Jeffrey McCabe, is currently employed by the Luzerne County Office of Children and Youth Services. Although International Brotherhood of Teamsters Local Union 401 is the monopoly bargaining agent for McCabe’s office, McCabe never joined the union or consented to pay union dues.

Despite McCabe’s nonunion status, Teamsters officials failed to provide him with a federally-mandated breakdown of union expenditures and forced him to pay for union activities unrelated to collective bargaining. Teamsters officials also failed to give McCabe adequate notice of payroll deductions for forced agency fees, preventing him from challenging the Teamsters’ dues collections.

Under the Foundation-won Supreme Court precedent Chicago Teachers Union v. Hudson, union officials are obligated to provide workers with an independent audit of union financial expenditures. Although employees may be forced to pay certain union dues as a condition of employment, they cannot be compelled to fund union activities unrelated to workplace bargaining. An independently-verified financial audit is required by law to ensure nonunion employees are not compelled to pay for non-bargaining activities.

The Foundation’s lawsuit seeks an immediate, court-ordered injunction to prevent further union paycheck deductions, a court order requiring the union to ensure workers have access to information on union expenditures, an order preventing the union from collecting dues unrelated to collective bargaining, and monetary damages for McCabe.

“Giving union officials free reign to deduct money from workers’ paychecks is an open invitation to abuse,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Enacting a Pennsylvania Right to Work law to make union dues fully voluntary is the only way to ensure employees are protected from avaricious union bosses.”