Judge Strikes Down Nationwide UAW Union Policy Forcing Employees to Object Annually to Political Expenditures

Federal agency finally rules after sitting on case for five years

Hartford, CT (March 6, 2008) – A National Labor Relations Board (NLRB) administrative law judge has heeded a Colt Manufacturing employee’s request to strike down a nationwide union policy intended to stonewall employees from obtaining a reduction of their forced union dues.

With free legal aid from the National Right to Work Legal Defense Foundation, George Gally, a nearly 50-year veteran Colt employee, originally filed unfair labor practice charges at the NLRB in March 2003. Gally challenged the United Auto Worker (UAW) union’s nationwide policy. The policy forced non-union members to object annually if they did not want to fund union political and other non-bargaining activities.

The ruling requires the UAW union to “cease and desist” from requiring employees to object annually, as well as notify all non-member employees across America that it will not subject them to this burdensome process. The UAW union must also post notices at certain union halls and publish a notice in a forthcoming “Solidarity” newsletter.

In the Foundation-won U.S. Supreme Court CWA v. Beck decision, the court affirmed that workers have the right to refrain from formal union membership but can still be forced to pay a reduced fee for union monopoly bargaining in their workplaces. But UAW officials have tried to hinder employees from getting their dues reduction by requiring them to renew their objections every year.

In issuing the ruling, Administrative Law Judge Joel Biblowitz noted that, “Further, the [union] Respondents do not require yearly renewals of union membership cards, dues authorization checkoff cards or notice of resignation from the union. Yearly renewals are only required of Beck objectors, and the Respondents have not satisfactorily explained this inconsistency.”

“UAW officials have fought tooth and nail to hamstring employees wishing to exercise their legal rights,” said Stefan Gleason, vice president of the National Right to Work Legal Defense Foundation. “This outrageous situation underscores why the best solution to the misuse of compulsory union dues is a Right to Work law. Ending forced unionism would make union affiliation and dues payment strictly voluntary.”

George Gally has endured 17 years of illegal conduct by UAW officials. In December 2003, ALJ Biblowitz awarded Gally nearly $31,000 in compensation plus interest for pay lost after he was illegally fired for non-payment of forced dues at the order of UAW Local 376 union officials in 1991. Subsequent to his damage award, Gally filed this separate unfair labor practice charge challenging the UAW union officials’ annual objection scheme.

U.S. Supreme Court to Re-Examine Scope of Union Dues Compelled from Non-Union Workers

High Court grants certiorari in case involving Maine public employees objecting to union dues spent for activities unrelated to collective bargaining

Washington, D.C. (February 19, 2008) — The U.S. Supreme Court has today granted a petition for a writ of certiorari filed by National Right to Work Foundation attorneys for a group of twenty Maine state employees objecting to the misuse of their compulsory union dues.

The case, Daniel Locke et al. v. Edward Karass et al., will directly address whether non-union employees can be forced to pay for litigation activities far removed from their workplaces. But the U.S. Supreme Court’s ruling may provide much-needed clarity to the criteria it had established previously that determine what union activities employees can be lawfully forced to fund.

Unions spend billions of dollars each year on activities such as politics, organizing, litigation, lobbying, and a wide range of other ideological and non-bargaining activities. Yet, union officials often claim that non-union members must foot the bill for these activities or be fired from their jobs.

“No one should be compelled to pay union dues just to get or keep a job,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “But where union officials have obtained this special privilege from the legislature, they still have no legal authority to make non-union public servants in Maine pay for union activity across America.”

Locke is the 14th case brought by National Right to Work Legal Defense Foundation attorneys to be heard by the U.S. Supreme Court.

Butte-Based Teamsters Union Backs Down After Timber Trucker Files Federal Charges for Illegal Threats to Job

Union officials threatened trucker’s termination in retaliation for his refraining from formal union membership

Butte, MT (January 16, 2008) – To avoid federal prosecution by the National Labor Relations Board (NLRB), a local union had no choice but to withdraw illegal termination threats against a Kalispell-based employee of Hanson Trucking and Resin Haulers Inc. and return all forced dues plus interest to the timber trucker.

The agreement, won by National Right to Work Legal Defense Foundation attorneys, requires Teamsters Local 2 union officials to reimburse Michael Weller full union back dues plus 10 percent interest on all dues paid. Teamsters officials also promised to provide full financial disclosure of the use of Weller’s forced dues, as required by law.

With help from Foundation attorneys, Weller filed charges in October 2007 at the NLRB against the Teamsters Local 2 union to protect himself from union threats that he would be fired from his job for refusing to join the union. The charges cite that Teamsters Local 2 union officials attempted to collect ongoing and back forced union dues, while failing to provide Weller with a verified audited breakdown of union chargeable and non-chargeable expenses.

After learning of his right to refrain from formal union membership independent of Teamsters Local 2, Weller sent letters to union officials asserting his right not to be forced to pay more than the documented cost of monopoly bargaining. Because the union responded with threats against his job, Weller had no choice but to pay under protest hundreds of dollars in forced union dues – using a money order.

“This legal battle would never have been necessary if the State of Montana did not have an outrageous policy of forced unionism,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Until Montana passes a Right to Work law that ensures that payment of union dues is strictly voluntary, union officials will inevitably continue to victimize and extort money from dissenting employees.”

In the Foundation-won Communications Workers of America v. Beck decision, which applies to forced unionism states, the U.S. Supreme Court ruled that employees working under the National Labor Relations Act are entitled to resign from formal union membership, but can still be forced to pay for activities related to union monopoly bargaining. However, they cannot be compelled to pay for other costs such as union political activities.

Additionally, a union collecting forced dues must have an independent third party audit its expenditures and verify that the percentage of dues that non-members are forced to pay does not include political spending and other non-collective bargaining expenses.

Floridian Spurs Elimination of National Union Policy Requiring Annual Objections to Forced Dues for Politics

Pensacola, FL (December 11, 2007) – After nearly a four-year delay, a Florida worker has prompted an administrative law judge of the National Labor Relations Board (NLRB) to strike down a nationwide policy of a major international union that requires employees to object annually to prevent union officials from spending their compulsory union dues for political activities. The policy is a pervasive tactic used by union officials to prevent dissenting employees from reclaiming forced union dues used to promote political causes they oppose.

National Right to Work Foundation attorneys helped Robert Prime, an employee of L-3 Communications Vertex Aerospace, LLC at the Naval Air Station, file unfair labor practice charges in December 2003 against the International Association of Machinists (IAM) union Local Lodge 2777. The charges alleged that union officials violated Prime’s rights by forcing him to renew his objection to funding union political advocacy every single year.

NLRB administrative law judge Michael A. Marcionese issued a ruling from the bench yesterday at the conclusion of a hearing in Pensacola. Marcionese found that the IAM policy was arbitrary, discriminatory, and bordered on being irrational. Although Foundation attorneys have asked for refunds for any objecting employee nationally within the last four years, the scope of the remedy will remain unclear for the next few weeks until the judge issues a supporting written ruling.

In November 2003, Prime filed an objection with IAM union officials to funding their political activities, as the Foundation-won Communications Workers of America v. Beck decision permits. The Beck decision recognized that workers have the right to refrain from formal union membership and cannot be forced to pay for activities unrelated to collective bargaining. However, when Prime asked union officials to honor his request as a “continuing objection,” IAM officials refused, claiming that Prime and his coworkers must object annually because they are not subject to the Railway Labor Act (RLA).

IAM union officials already accept “continuing objections” from railroad and airline employees covered by the RLA due to favorable rulings in prior Foundation cases. However, union officials arbitrarily refuse to abide by those rulings for employees covered by the National Labor Relations Act.

“America’s workers may have one fewer hoop to jump through to reclaim their forced dues used for politics,” said Stefan Gleason, vice president of the National Right to Work Legal Defense Foundation. “However, this lengthy legal battle underscores why no one should be forced to pay dues to an unwanted union in the first place.”

Florida’s highly-popular Right to Work law, on the books since 1944, is one of 22 state laws that secure the right of employees to decide for themselves whether or not to join or financially support a union. However, because Vertex Aerospace employees work on federal property under “exclusive federal jurisdiction,” the state’s Right to Work law does not protect those workers from being forced to pay union dues to keep their jobs.

Transit Union Slapped With Federal Labor Charges for Muscling Back into a Facility After Employees’ Revolt Forced it Out

**Batavia, IL (November 2, 2007)** – The bus company First Group, Inc. and the Amalgamated Transit Union (ATU) Local 1028 have been hit with federal labor board charges for illegally bargaining over employees who the union does not even represent. First Group employee Russell Haasch filed the charges at the National Labor Relations Board (NLRB) earlier this week with free legal assistance from National Right to Work Legal Defense Foundation attorneys.

As Haasch details in his charges, ATU union officials have been negotiating a contract with First Group, despite the fact that Haasch and his coworkers had successfully ousted the union earlier this year. According to First Group’s website, on October 1 the UK-based transit company completed the purchase of Haasch’s employer, Laidlaw Transit.

In Spring 2007, Haasch collected signatures from an overwhelming majority of his co-workers and in June presented the petition to their employer Laidlaw Transit, which legally and properly ended its recognition of the ATU union as the monopoly bargaining agent for the approximately 160 employees. Only recently did Haasch and his co-workers realize that their new employer, First Group, was negotiating a contract with ATU officials, despite the fact that the employees had successfully shown that the union did not have their support.

According to the National Labor Relations Act, by bargaining over the contracts of employees that the union does not legally represent, the union and First Group are engaging in illegal “pre-recognition” bargaining. As part of their negotiations, the union is once again seeking a forced-dues clause in the contract that makes payment of union dues a job requirement. Indeed, union officials have been given access to First Group facilities and are now demanding that employees pay union dues or be fired.

“Union officials and First Group management are illegally attempting to force this unpopular union down employees’ throats,” said Stefan Gleason, vice president of the National Right to Work Foundation. “With the lack of respect these union officials have for the employees, it is not surprising that workers rejected the union last June.”

The unfair labor practice charges ask the NLRB to seek an injunction to immediately stop First Group from continuing to negotiate a contract with the rogue ATU union and to cease all demands for union dues. The NLRB Regional Director will now investigate the charges and decide whether to prosecute the charges and seek injunctive relief.

Union Officials at Pomona Valley Hospital Illegally Threaten Non-striking Nurses with Arrest, Jail, and Fines

**Pomona, CA (October 31, 2007)** – A nurse at the Pomona Valley Hospital Medical Center has filed unfair labor practice charges against the Service Employees International Union (SEIU) Local 121RN after SEIU union officials illegally threatened her and her coworkers with jail and fines. The nurses wished to resign from formal union membership, cut off union dues, and continue working during any union-ordered strike.

The charges come after the collective bargaining contract at the hospital expired and after union officials ordered a five day strike during October.

In response to the intimidation, nurse Carole Jean Badertscher filed the class action charges at the National Labor Relations Board (NLRB) with free legal assistance from National Right to Work Legal Defense Foundation attorneys. The charges detail how union officials misled and threatened employees in violation of the nurses’ rights under federal labor law. The charges also cite that union officials violated their so-called “duty of fair representation,” which is intended to prevent union discrimination against employees.

In a particularly egregious violation of the employees’ rights, a top local union official threatened that nurses who defied the union’s strike order could be subject to fines and criminal penalties, including 90 days in jail. The California law referenced by union officials is clearly pre-empted by federal labor law establishing that workers can remain at their jobs and avoid all union disciplinary fines if they first resign from formal union membership.

Union officials also distributed a flier illegally misleading the nurses, claiming that the NLRB requires employees to continue paying compulsory union dues after the expiration of a contract. The flier told nurses that, when a new contract goes into effect, union officials could require all employees to pay “back dues,” implying that they could be fired if they didn’t pay.

“Union officials are shamelessly flouting federal law in an effort to intimidate these nurses into heeding the union’s unpopular demands to turn their backs on their patients,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Unfortunately, in states like California where there is no Right to Work law prohibiting compulsory unionism, union officials face little accountability.”

The NLRB’s Regional Office will now investigate the charges and decide whether to issue a formal complaint and prosecute the union for unfair labor practices.

Hanson Trucking Driver Hits Butte-Based Teamsters Union with Federal Charges for Illegal Threats to Job

**Butte, MT (October 29, 2007)** – A Kalispell-based employee of Hanson Trucking and Resin Haulers Inc. filed federal charges against the Teamsters Local 2 union to protect himself from illegal threats to his job.

Michael Weller, a timber trucker for the resin hauling company, filed the charges at the National Labor Relations Board (NLRB) with help from attorneys at the National Right to Work Legal Defense Foundation. The charges cite that Teamsters Local 2 union officials are attempting to collect ongoing and back forced union dues, and have failed to provide Weller with a verified audited breakdown of union chargeable and non-chargeable expenses, as required by law.

After learning of his right to refrain from formal union membership independent of Teamsters Local 2, Weller sent letters to union officials asserting his right not to be forced to pay more than the documented cost of monopoly bargaining. In response, Teamsters union officials acknowledged Weller’s request, but calculated that the mandatory dues requirement would be reduced by only 69 cents.

Moreover, although union officials failed to provide Weller with any of the legally-mandated financial disclosures, union officials sent Weller written notice that his position would be terminated if he failed to pay the reduced fees. Under duress, Weller had no choice but to pay hundreds of dollars in forced union dues by money order, just to keep his job.

“Union officials are making an example of Michael Weller in order to stifle dissent,” said Stefan Gleason, vice president of the National Right to Work Foundation. “In states like Montana where there is no Right to Work law to ensure payment of union dues is strictly voluntary, union officials commonly trample the rights of employees to keep their coffers filled.”

In the Foundation-won U.S. Supreme Court decision Communications Workers v. Beck, the Court affirmed workers have the right to refrain from formal union membership and halt and reclaim the portion of forced union dues spent on activities unrelated to collective bargaining, such as union political activities. Unfortunately, they can still be forced to pay for monopoly bargaining costs, even if they do not want union “representation.” However, employees have the right to have an independent third party audit the union expenditures and verify that the percentage of dues that non-members are forced to pay does not include political spending and other non-collective bargaining expenses.

The NLRB’s Regional Office will now investigate the charges and decide whether to issue a formal complaint and prosecute the union.

Safeway Employees Win Settlement Against Union After Illegal Threats and Dues Seizures

**Butte, MT (October 10, 2007)** – In order to avoid federal prosecution by the National Labor Relations Board (NLRB), a local union had no choice but to ink a settlement with several Safeway employees after union officials tried unlawfully to keep them from exercising their rights.

The settlement, secured by National Right to Work Legal Defense Foundation attorneys, requires the United Food and Commercial Workers (UFCW) Local 4 union to reimburse Safeway Inc. (NYSE: SWY) employees’ forced union dues seizures plus interest, to stop threatening their jobs, and to honor employees’ resignations from formal union membership.

UFCW Local 4 officials must also stop “requiring employees’ resignation letters be notarized, mailed by certified mail, set forth case law citations, and be individually submitted.” UFCW union officials had previously rejected the grocery workers’ requests to resign from formal union membership after union officials said the requests did not meet the union’s bogus and illegal rules for resigning.

With help from National Right to Work attorneys, Safeway employees Gerald Rasmussen and Carla Crandall originally filed federal charges against the UFCW Local 4 union in April and May, respectively. After an initial investigation, the NLRB combined the complaints into one case. A hearing was scheduled for September 18, but in an eleventh-hour decision, union officials signed a settlement in order to avoid embarrassing federal prosecution.

“This is a victory for this group of courageous workers,” said Stefan Gleason, vice president of the National Right to Work Foundation. “But this ugly union intimidation and abuse will continue to plague workers in Montana because there is no Right to Work law to ensure that payment of union dues is strictly voluntary.”

The employees’ original charges cite that UFCW Local 4 union officials were attempting to enforce a compulsory unionism clause requiring employees to join or pay dues to the union or be fired from their jobs, despite a formal deauthorization election held in late April where a large majority of employees voted to strip union bosses of their forced unionism privileges. UFCW Local 4 union officials continue to challenge the election results.

After learning of their right to resign from formal union membership from sources independent of UFCW Local 4, Rasmussen, Crandall and other employees sent letters to union officials resigning from formal union membership. Union officials rejected their requests and never provided any of the legally-mandated financial disclosure statements to the Safeway employees.

In the Foundation-won *Communications Workers of America v. Beck* decision, the U.S. Supreme Court ruled that employees laboring under the National Labor Relations Act are entitled to resign from formal union membership but can still be forced to pay for activities related to union monopoly bargaining. However, they cannot be compelled to pay for other costs such as union political activities.

Federal Labor Board to Prosecute Union for Requiring Annual Objections to Forced Union Dues for Politics

**Pensacola, FL (October 2, 2007)** – After nearly a four year delay, the National Labor Relations Board (NLRB) has agreed to prosecute the International Association of Machinists (IAM) union for requiring employees at Vertex Aerospace, LLC to object annually to prevent union officials from spending their compulsory union dues for political activities.

The case puts in the spotlight a common union tactic used to raise hundreds of millions of dollars in forced union dues spent on Big Labor’s political agenda.

National Right to Work Foundation attorneys helped Robert Prime, an employee at the Naval Air Station, originally file unfair labor practice charges in December 2003 against the IAM union, as well as District Lodge 75 and Local Lodge 2777. The charges allege that union officials violated his rights by forcing him to renew every single year his objection to funding union political advocacy. The NLRB has scheduled a hearing that will take place before an Administrative Law Judge on December 10.

In November 2003, Prime had filed an objection with IAM union officials to funding their political activities, as the Foundation-won Communications Workers of America v. Beck decision permits. The Beck decision recognized that workers have the right to refrain from formal union membership and cannot be forced to pay for activities unrelated to collective bargaining. However, when Prime asked union officials to honor his request as a “continuing objection,” IAM officials refused, claiming that Prime and his coworkers must object annually because they are not subject to the Railway Labor Act (RLA).

In 2000, a U.S. District Court struck down the IAM union’s nationwide policy requiring annual objections from employees seeking a rebate of dues spent for activities unrelated to collective bargaining. However, the ruling technically only applied to employees covered by the RLA. IAM union officials maintain that employees working under the National Labor Relations Act are, therefore, still required to object annually even though the policy is discriminatory and arbitrary, as three federal courts have held.

“Thumbing their noses at a federal court ruling, IAM union officials are forcing employees to jump over hurdles to stymie them from reclaiming their forced union dues,” said Stefan Gleason, vice president of the National Right to Work Legal Defense Foundation.

Florida’s highly-popular Right to Work law, on the books since 1944, is one of 22 state laws that secure the right of employees to decide for themselves whether or not to join or financially support a union. However, because Vertex Aerospace employees work on federal property under “exclusive federal jurisdiction,” the state’s Right to Work law does not protect those workers from being forced to pay union dues in order to keep their jobs.

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Another Corpus Christi Security Guard Files Charges After Illegal ‘Pay Union Dues or Be Fired’ Threat

**Corpus Christi, TX (September 5, 2007)** – For the second time in six months, National Right to Work Legal Defense Foundation attorneys have helped a security guard employed by Asset Protection and Security Services file unfair labor practice charges after union officials threatened workers with termination if they failed to pay union dues.

Under Texas’ Right to Work law, on the books since 1947, no employee can be required to pay dues or fees to a union as a condition of employment.

Ramona Trevino joined fellow employee Carlos Banuelos in filing charges with help from Foundation attorneys challenging the enforcement of the illegal forced dues clause in the employment contract between Security, Police and Fire Professionals of America (SPFPA) union officials and their employer. Trevino also filed charges against Asset for enforcing the unlawful forced dues clause.

Banuelos’ earlier charges have already triggered a prosecution by the National Labor Relations Board. SPFPA union officials claim, with no basis whatsoever, that Banuelos, Trevino, and their coworkers work on an “exclusive federal enclave” that is not protected by the Right to Work law – and therefore can be forced to pay union fees as a condition of employment.

Under similar circumstances, Foundation attorneys successfully secured the reinstatement of Juan Vielma, a security guard for AKAL Security in El Paso, whom union officials had illegally suspended without pay for over a year for refusal to pay dues. Agreeing with Foundation attorneys, a federal Administrative Law Judge ruled that SPFPA union officials had no legal authority to compel Vielma to pay dues.

Trevino’s charge further emphasizes what is likely a widespread violation of Texas’ Right to Work law. In oral argument in Vielma’s case, an attorney for another security company with a contract with the SPFPA union even boasted that they require employees to pay dues “across the country in Right to Work states.” Evidence shows that union officials have established these forced dues requirements at multiple worksites under apparently fraudulent agreements.

Responding to demands of Texas citizens, Texas Attorney General Greg Abbott took long-awaited legal action in July to enforce the Right to Work law in the Vielma and Banuelos cases. However, Texans await further action by the Attorney General to address the statewide pattern of Right to Work law violations.

“Union officials are trampling Texas’ long standing freedom to earn a living without paying money to union bosses for the privilege,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Union officials need to learn that the Lone Star state takes its Right to Work law very seriously.”