Top Down Organizing (card check) 

News Release

Right to Work Foundation Announces Offer of Free Legal Aid to Alabama Mercedes-Benz Employees

Unions collude to force workers into union ranks

Springfield, VA (October 3, 2014) – Mark Mix, President of the National Right to Work Foundation, has issued the following statement in response to recent media reports regarding United Auto Workers (UAW) union bosses' latest push to unionize Mercedes-Benz workers at the Vance, Alabama plant:

"Recent media reports suggest that UAW union officials are joining forces with foreign union bosses to unionize Mercedes-Benz employees in Alabama.

"The National Right to Work Foundation has seen again and again the UAW union hierarchy cut backroom deals with outside union groups, and even companies, that are designed to push workers into union ranks whether the employees like it or not, most recently in Chattanooga, Tennessee.

"In Chattanooga, Volkswagen workers were subjected to a coercive card check campaign and UAW union officials sought to block workers from the opportunity to vote on their union representation. UAW officials then challenged the results of the workers' vote after the workers rejected unionization.

"As UAW union officials seek to export their Detroit-style forced unionism to southern auto industry facilities, history shows that workers often experience intimidation, harassment, and coercion.

"National Right to Work Foundation attorneys have assisted workers across the country who have suffered from these top-down organizing campaigns orchestrated by UAW union organizers. Workers who feel they are being unfairly pressured when deciding whether or not to associate with the UAW union may request free legal aid from National Right to Work Foundation staff attorneys by calling 1-800-336-3600 or on the Foundation's website at www.nrtw.org."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Labor Day Statement: "Despite Big Victories for Worker Freedom, More Work Remains"

Gains threatened by union bosses' power grabs via government fiat

Washington, DC (August 29, 2014) – 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 workers will enjoy a well-deserved long weekend. But as we celebrate the gains for workplace freedoms workers have made across the country, union officials are working aggressively to protect and expand their forced dues powers through government fiat.

"This year, National Right to Work Foundation staff attorneys have assisted tens of thousands of workers nationwide achieve victories for workplace freedom. In America's newest Right to Work state, a growing number of workers from across Michigan are joining the fight to protect their Right to Work free from union compulsion.

Meanwhile, Volkswagen workers in Chattanooga, Tennessee, when given a chance to vote, staved off unwanted unionization, overcoming a coercive card check campaign, pushed by company management and United Auto Workers union officials.

"And in Illinois, parents and other family members of special needs individuals successfully challenged a government unionization scheme at the U.S. Supreme Court. In that case, now-imprisoned former Illinois Governor Rob Blagojevich and current Governor Pat Quinn issued executive orders forcing home-based personal care providers into SEIU ranks. The effects of that ruling are reverberating across the nation, and thousands of home-based personal care and childcare providers have been freed from forced union dues or fees.

"Despite these big victories for worker freedom, more work remains. Millions of American workers are still compelled to pay dues or fees to union officials as a condition of getting or keeping a job. And millions more workers are required by law to accept a union's so-called 'representation,' even if they would rather negotiate with their employer on their own merits.

"Not satisfied with these unique coercive powers, union officials continue to spend billions of workers’ money on politics and lobbying seeking to expand their reach over American workers.

"That's why the National Right to Work Committee and its 2.8 million members are leading the fight for a National Right to Work Act making union affiliation completely voluntary – a principle supported by three out of four Americans.

"Although union officials have powerful friends in the Obama Administration, the National Right to Work organizations will continue to fight back against government-backed union boss power grabs and the resulting injustices they inflict upon American workers."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Federal Court Hears Challenge to Minnesota Homecare Providers' Unionization

SEIU seeks to push home-based personal care providers into union ranks

Minneapolis, MN (August 19, 2014) – Today, the U.S. District Court for the District of Minnesota will consider a motion brought by a group of home-based personal care providers to immediately halt the unionization of the state's homecare providers.

With free legal aid from National Right to Work Foundation staff attorneys, Teri Bierman and eight other providers from around the state filed a federal lawsuit last month against Governor Mark Dayton and the Service Employees International Union (SEIU).

The suit challenges a law that authorizes the forcible unionization of the state's providers on the grounds that it violates the U.S. Constitution's guarantees of free political expression and association.

Today, the court will consider the homecare providers' motion for a temporary injunction immediately halting implementation of the law intended to designate SEIU officials as the monopoly political representative of thousands of providers in the state. The SEIU seeks to unionize the providers via a mail-in vote that started on August 1.

In late June, the U.S. Supreme Court issued a landmark ruling in Harris v. Quinn, a Foundation case challenging whether Illinois homecare providers can be forced into union ranks against their will. The Court held that individuals who indirectly receive state subsidies based on their clientele cannot be forced to pay compulsory union fees. The Court's ruling frees home-based childcare and personal care providers from forced union dues and fees in at least 13 other states.

"In effect Governor Dayton is picking the SEIU as the lobbyists for Minnesota's personal care providers as payback for the union bosses who have been some of his most generous political supporters," said Mark Mix, president of the National Right to Work Foundation. "The court should immediately halt this violation of homecare providers' fundamental right of free association."

The hearing will be held in Courtroom 15E at the Minneapolis Federal Courthouse at 9:30 a.m.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Three Years Later, Workers Ask for Secret Ballot Vote After Obama Labor Board Kills Card Check Protections

NLRB's ruling removing workers' protection against card check unionization exposed as a farce

Houston, TX (August 12, 2014) – Three years after the National Labor Relations Board (NLRB) eliminated workers' right to challenge union card check recognition with a secret ballot vote, the very workers involved in that case have petitioned for an election to remove the unwanted union from their workplace.

In 2007, National Right to Work Foundation staff attorneys secured a new NLRB precedent in Dana Corp. which held that workers may collect signatures to request a secret ballot election during a 45-day window period following notice that their employer has recognized a union based on a card check organizing drive. The ruling was intended to counteract coercive practices frequently associated with card checks, which allow organizers to bully or mislead employees into signing cards that count as "votes" toward unionization.

In 2011, the Obama NLRB overturned the Dana precedent in Lamons Gasket. In that case, the NLRB denied the gasket and bolt manufacturing workers, and thousands of workers nationwide since, the right to challenge union card check recognition with a secret ballot vote. As a result, workers currently must wait up to three years after the date of the first monopoly bargaining agreement between their employer and union officials before they can file a petition for a secret ballot vote.

Now, almost three years to the date since the NLRB overturned Dana, Lamons Gasket workers, with the help of Foundation attorneys, filed for a secret ballot election to remove the United Steelworker union bosses who obtained control over their workplace through a coercive card check campaign. The election is now scheduled for August 20, 2014.

"The Obama NLRB has denied justice for these Lamons Gasket workers for three years," said Mark Mix, president of the National Right to Work Foundation. "Now that these workers finally have the overdue opportunity to determine their own union representation, this case proves once again that the Obama Labor Board's contorted ruling to kill the Dana Corp. precedent is a complete farce designed to further empower union operatives to steamroll workers into union ranks."

"President Obama and his hand-picked bureaucrats, operating under the guise of upholding federal labor law that purports to protect worker rights, are striving to make it next to impossible for independent-minded workers to stand up for their rights or remove an unwanted union hierarchy," added Mix.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Volkswagen Workers Withdraw Lawsuit After Fending Off Imminent Unionization Threat

Workers’ vote quashes UAW unionization threat for one year

Chattanooga, TN (May 23, 2014) – Today, Volkswagen workers voluntarily withdrew their federal lawsuit challenging the United Autoworker (UAW) union officials' backroom organizing deal with company management during the union’s highly-publicized push to unionize the workers at VW's Chattanooga, Tennessee facility. The withdrawal was prompted by VW and UAW's attorneys' concessions in legal papers filed with the court that, having lost the election at the Chattanooga plant and dropped its objections to the result, the UAW cannot seek another election until sometime next year.

The case was initiated in March by the workers with free legal assistance from National Right to Work Foundation staff attorneys.

"Having successfully defended the result of the vote against the UAW, the workers and their Foundation staff attorneys have made the strategic decision to withdraw their federal lawsuit against the UAW and Volkswagen," stated Mark Mix, President of the National Right to Work Foundation. "Foundation staff attorneys stand ready to provide free legal assistance to VW workers if VW and the UAW enter into another organizing deal or if UAW bosses resort to unlawful tactics at the plant again."

"When we filed this lawsuit, we were worried that the UAW union was going to be forced on us," stated plaintiff and Volkswagen team member Mike Jarvis. "Now that the vote has been certified, we want to move on, work with our fellow VW team members, and focus on building our award-winning cars."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Chattanooga Volkswagen Workers Stave off UAW Union Boss Challenge

Foundation staff attorneys help employees preserve their decision to reject unionization

Springfield, VA (April 21, 2014) – The United Auto Worker (UAW) union has withdrawn its challenge of the Chattanooga Volkswagen workers' recent unionization vote with the National Labor Relations Board (NLRB). Mark Mix, President of the National Right to Work Foundation, issued the following statement in response to the recent media reports:

"This is a win for the workers of Volkswagen. The UAW did everything they could to silence opposition. First, Chattanooga VW employees managed to stave off a coercive unionization campaign even though the UAW and Volkswagen's German management colluded for over two years to stack the deck against the workers.

"Despite all of this, UAW union officials' still lost the vote. The result of the election came after the NLRB unprecedentedly fast-tracked the unionization process, further tilting the playing field in favor of UAW union officials.

"Second, the UAW attempted to exclude workers from protecting the outcome of the election. But, once UAW officials realized both sides of the case would be presented at the hearing, they withdrew rather than have their allegations disproved. We are pleased that the workers' vote will now stand.

"This case demonstrates once again the unreliability of union officials' 'card check' method of unionization, as the UAW continued to claim on the basis of cards that it had the support of a majority of Volkswagen team members and that no election was needed.

With free legal assistance from National Right to Work Foundation staff attorneys, Volkswagen employees filed a brief defending their right to have a say in the high-profile unionization dispute.

National Right to Work Foundation staff attorneys helped several VW workers file charges citing improprieties in the UAW union hierarchy's unionization campaign, including getting workers to sign union authorization cards by coercion and misrepresentation and using cards signed too long ago to be legally valid. Some of those workers also filed a federal charge against the company stating that comments made by German VW officials illegally attempted to intimidate their fellow workers into accepting UAW monopoly bargaining power over their workplace.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

NLRB Rejects UAW's Attempts to Silence Chattanooga VW Workers' in Unionization Vote Hearing

UAW union bosses move to eject workers from process

Washington, DC (April 16, 2014) –The United Auto Workers (UAW) union officials' request to exclude Chattanooga, Tennessee Volkswagen workers seeking to defend the recent unionization vote in their workplace has been rejected by the National Labor Relations Board (NLRB).

The VW employees filed the motion to intervene with free legal assistance from National Right to Work Foundation staff attorneys after the UAW union filed objections to the recent highly-publicized election in their workplace.

UAW union officials filed the objections with the NLRB after Chattanooga VW workers voted against giving the UAW monopoly bargaining control over the plant via a rapid-fire unionization election.

In response, the workers filed a motion to intervene in the objection process to defend the election results. The NLRB Acting Regional Director in Atlanta ruled to allow the workers to defend the vote during the proceedings. UAW union officials then appealed the Regional Director's decision to the Board in Washington, D.C.

Mark Mix, President of National Right to Work, issued the following statement in the wake of the NRLB's ruling:

"The NLRB Acting Regional Director ruled that the workers are entitled to defend the election results. The decision over whether or not to unionize is supposed to lie with the workers, which makes the attempt by the UAW to shut them out of this process all the more shameful.

"And based on Volkswagen management's actions leading up to this point, these workers are concerned that VW will not actively defend their vote to remain free from union boss control and the workers' intervention ensures that at least one party to the process is fully invested in upholding the election results.

"The real question here is: Why are UAW officials so afraid of workers and their National Right to Work Foundation-provided attorneys being part of this process?"

Foundation staff attorneys representing the VW employees will attend the NLRB hearing on Monday, April 21.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Volkswagen Workers' Brief Blasts UAW Bosses' Desperate and Delusional Attempt to Silence Dissenting Employees

Foundation staff attorneys help employees preserve their decision to reject unionization

Springfield, VA (April 3, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, five Volkswagen employees filed a brief defending their right to have a say in the high-profile unionization dispute at Volkswagen's Chattanooga, Tennessee facility.

The brief was filed after the United Auto Worker (UAW) union asked the National Labor Relations Board (NLRB) to reverse a Regional Director’s ruling allowing the workers to intervene in the union's challenge to the outcome of the recent unionization election, which the UAW lost.

The brief opposes further delays to the NLRB's hearing on the union's challenge, and accuses the UAW of using false evidence to prompt the Board to remove the workers from the process. The brief also calls for a Department of Justice investigation to consider a prosecution of the UAW's "witness" for filing demonstrably false statements under oath.

The brief states, "That the UAW resorted to filing a false declaration that could be so easily disproved to attempt to show the existence of a grand and secret conspiracy being waged against it smacks of the desperation and paranoia increasingly gripping the union following its rejection by Volkswagen employees in the election."

The brief then points out that the UAW's false accusations against the Foundation are not reason enough to exclude the workers even if the accusations were true. The brief states "The UAW's case proceeds from the misguided premise that it is objectionable if any entity campaigned or spoke against the union in the election. While this belief may reflect how elections are conducted in Venezuela or North Korea, it does not reflect how elections are conducted in this free nation."

Patrick Semmens, Vice President of the National Right to Work Foundation, issued the following statement:

"The NLRB Regional Director has ruled that the workers are entitled to defend their vote to keep the UAW out of their workplace. The decision over whether or not to unionize is supposed to lie with the workers, which makes the attempt by the UAW to shut them out of this process all the more shameful.

"The UAW's latest claims are both desperate and delusional. Nothing UAW bosses are claiming changes the fact that VW employees should have the right to defend their vote to keep the UAW out of their workplace. The real question the brief raises is: Why are UAW officials so afraid of workers and their National Right to Work Foundation-provided attorneys being part of this process?"

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Chattanooga Volkswagen Workers File Federal Suit to Block Further Company and UAW Collusion

Workers rely on Foundation-won precedent establishing that union demands for organizing assistance can violate federal labor law

Washington, DC (March 13, 2014) – Employees at Volkswagen's Chattanooga, Tennessee facility have filed a federal lawsuit seeking to block further collusion between the company and the United Auto Workers (UAW) union should the National Labor Relations Board (NLRB) order a new unionization election at VW's Chattanooga plant.

With free legal assistance from National Right to Work Foundation staff attorneys, the workers filed the lawsuit in the U.S. District Court for the Eastern District of Tennessee.

After losing last month's unionization election, UAW union officials filed objections with the NLRB seeking to overturn the election results. Five VW workers represented by Right to Work Foundation attorneys then successfully moved to intervene in the UAW's challenge of the election results.

The new suit relies on Foundation-won precedent upheld by a federal appeals court that a Florida casino company's assistance to union officials during a card check unionization campaign could constitute "thing[s] of value" under the Labor Management Relations Act (LMRA). Under the LMRA, employers are prohibited from handing over "any money or other thing of value" to union officials, a provision that is supposed to prevent them from selling out workers' rights in exchange for corporate concessions.

Late last year, the U.S. Supreme Court heard oral arguments and then "dismissed as improvidently granted" a union appeal of a federal court ruling that these neutrality schemes could violate federal law, thus leaving the lower court's ruling intact.

The suit contends that the neutrality arrangement between VW and UAW union organizers contain numerous such prohibited provisions, including mandatory pro-union meetings, use of company property by outside UAW organizers, and clauses preventing VW and its managers from opposing unionization, all of which were implemented in the lead up to the vote that UAW lost 712-626.

In exchange for that valuable organizing assistance, the UAW promised the company that, once workers were unionized, UAW officials would delegate many of the union's duties to a German-style Works Council, limit bargaining demands to ensure company "cost advantages," and not go on strike. Further, the UAW promised not to make negative comments about VW or to conduct organizing activity for one year if the union lost the election.

"UAW union officials and Volkswagen management have colluded to deprive these workers of a fair vote from the start," said Mark Mix, President of the National Right to Work Foundation. "Enough is enough, which is why these workers are seeking to prevent further VW assistance to the UAW's organizing efforts."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

NLRB Agrees to Allow VW Workers to Intervene to Defend Union Election Results

Foundation staff attorneys help employees defend their secret-ballot vote to keep the UAW out of their workplace

Springfield, VA (March 10, 2014) – The National Labor Relations Board (NLRB) has just granted a motion to intervene filed by five Volkswagen employees in the United Auto Worker union’s legal challenge to the outcome of the recent unionization election at VW’s Chattanooga plant. All five employees are receiving free legal assistance from the National Right to Work Foundation.

Patrick Semmens, Vice President of the National Right to Work Foundation, issued the following statement:

“We are very pleased that, despite attempts by Volkswagen and UAW officials to keep workers out of this process, the acting Regional Director has ruled that the workers are entitled to defend their vote to keep the UAW out of their workplace. The decision over whether or not to unionize is supposed to lie with the workers, which makes the attempt by VW and the UAW to shut them out of this process all the more shameful.”

Foundation staff attorneys earlier helped several VW workers file charges citing improprieties in the UAW's unionization campaign in Chattanooga, including union attempts to get workers to sign union authorization cards through coercion and misrepresentation and the UAW’s use of cards signed too long ago to be legally valid. Some of those workers also filed a federal charge against Volkswagen after company officials made comments linking unionization to increased production at the Chattanooga facility.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.

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