Springfield, Va. (April 15, 2005) – The following is a statement of Stefan Gleason, Vice President of the National Right to Work Legal Defense Foundation, in response to the preliminary upholding of the United Auto Workers (UAW) union’s “neutrality agreement” with Dana Corporation by an Administrative Law Judge (ALJ) of the National Labor Relations Board (NLRB). “The ALJ’s wrongheaded ruling will allow us swiftly to bring this case before an NLRB that has already indicated that it has a dim view of ‘card check’ agreements and the attendant violation of the principle of employee free choice. “We are extremely confident our forthcoming appeal will succeed, because the ALJ’s decision ignores 40 years of established Board precedent. It is simply unlawful for UAW officials to bargain over the wages and working conditions of workers when a majority of workers have not selected the union. “In the Dana agreement, the UAW hierarchy made explicit concessions as to workers’ wages and benefits in exchange for active company assistance in coercing employees to unionize. And then they kept the pact secret from the employees those concessions would hurt. “This case presents a classic example of an employer choosing the union it wants to represent its employees, working with union officials to coerce employee support for it, and negotiating basic contract terms in advance. “In their rush to establish the UAW as the monopoly representative of the employees at Dana in St. Johns, Michigan, UAW and Dana officials trampled upon fundamental employee rights guaranteed by federal labor law.”

Santa Monica, Calif. (April 1, 2005) – After National Right to Work Foundation attorneys persuaded National Labor Relations Board (NLRB) prosecutors to file a complaint against a local union and hotel for corralling the workers into unionization, the hotel has been forced to withdraw recognition of the union. After six employees at the Four Points by Sheraton Hotel filed federal unfair labor practice charges in late 2003 to challenge a so-called “card check” unionization drive that resulted in a flood of allegations of workers’ rights violations, the NLRB General Counsel’s office ordered prosecution of the hotel and the union for collusion. The workers alleged that the hotel illegally recognized Hotel Employees and Restaurant Employees (HERE) Union Local 11 as the monopoly bargaining representative of the Hotel’s staff despite a lack of majority support. Under “card check” or so-called “neutrality agreements,” employers are induced to waive their employees’ ability to vote in a secret ballot election and agree to provide other assistance to union organizers in pressuring employees to unionize. These pacts often include unlawful pre-arrangements over substantive terms and conditions of employment, such as health care, wages, or compulsory union dues. Typically the union will agree to limit wage and benefit demands in exchange for company help in coercing workers to unionize. Because many Four Points workers felt harassed into signing union authorization cards, and many revoked signed cards, the employees disputed the union’s claim that a majority of the workers actually support it – and NLRB officials agreed. The employees asked the NLRB to bar HERE officials from bargaining on their behalf. Rather than face a trial, the hotel and union settled. In withdrawing recognition of the HERE union, hotel officials also agreed not to recognize the union in future organizing attempts unless it demonstrates majority support through the less abusive government-supervised secret ballot election process. Hotel workers will also now be free to bargain directly with their employer over their own wages and working conditions. “Despite HERE union officials’ claims of innocence, their decision to settle suggests that union officials recognize that they may not enjoy the support of a majority of workers,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “While this is a meaningful victory for these workers, so long as California workers labor under a system of compulsory unionism, they will continue to face such cynical schemes.”

High Point, North Carolina (March 15, 2005) – Responding to threats against an employee who led a successful legal challenge to the United Auto Workers (UAW) union’s forced unionization of the Thomas Built Bus facility, the National Right to Work Foundation today commissioned a 24-hour security detail at the employee’s home. Meanwhile, the Foundation called upon two local district attorneys and police chiefs to open an investigation into the UAW union’s possible role in encouraging reprisals against workers opposing unionization. The Foundation hired the security firm, Corporate Security International, Inc. which is staffed by former United States Army Delta Force counter-terrorism experts, after menacing flyers were circulated throughout the plant containing Jeff Ward’s phone number and detailed driving directions to his personal residence. A call to arms on the flyer reads “Jeff Ward lives here. Go tell him how you really feel about the union.” The threat came as Ward successfully settled federal labor charges filed on behalf of his coworkers against the UAW union, Thomas Built, and Freightliner who federal labor prosecutors found had struck a sweetheart deal resulting in the unlawful coercing of employees into union ranks. In a letter dated today, Foundation staff attorney Bill Messenger called upon the district attorneys for Guilford and Davidson counties, as well as the Thomasville and High Point police chiefs to investigate the harassment in order to protect Ward and his family, who have already begun to receive harassing phone calls late at night. Referencing the flyer, Messenger urged, “This map constitutes a threat. It is an inducement for individuals to harass or do violence to Mr. Ward's person, family, and/or property, based on his legal cause of action against the UAW. I urge that a thorough investigation be conducted as to the origin of this unlawful threat, and that the perpetrators of this action be prosecuted to the fullest extent of the law.” “Given the documented role of UAW militants in union violence, it’d be unwise to take chances when it comes to the safety of Jeff Ward, his wife, and his children,” said Foundation Vice President Stefan Gleason. “Union violence is a harsh reality, and Mr. Ward and his family should not have to live in fear simply because he came forward to assert his rights and the rights of his fellow employees.” Facing prosecution by the National Labor Relations Board (NLRB), UAW union and Freightliner officials were forced to agree last week to cancel outright a company-wide sweetheart deal in which union officials had unlawfully bargained to cap workers’ wages and made other major concessions in exchange for Freightliner’s active assistance in coercing workers to unionize. Based on evidence provided by Foundation attorneys, the NLRB’s General Counsel found that Freightliner officials at Thomas Built provided unlawful assistance to the union and held unlawful “captive audience” speeches jointly with union officials to coerce employees to sign union authorization cards that were treated as “votes” in favor of unionization.Read the Foundation's Letter to the High Point District Attorney

High Point, North Carolina (March 10, 2005) – Facing prosecution by the National Labor Relations Board (NLRB), United Auto Workers (UAW) union and Freightliner officials today agreed to cancel outright a company-wide sweetheart deal in which union officials had unlawfully bargained to limit workers’ wage demands and made other major concessions in exchange for Freightliner’s active assistance in coercing workers to unionize. Based on evidence provided by National Right to Work Foundation attorneys for Thomas Built Bus employee Jeff Ward, the NLRB’s General Counsel found that Freightliner officials at Thomas Built provided unlawful assistance to the union and held unlawful “captive audience” speeches jointly with union officials to coerce employees to sign union authorization cards that were treated as “votes” in favor of unionization. Even more significantly, the General Counsel issued an unfair labor practice complaint challenging a secret agreement between Freightliner and the UAW union titled “Agreement on Preconditions to a Card Check Procedure” as constituting unlawful “premature bargaining” over substantive terms and conditions of employment before the union had achieved majority support among the employees. The unlawful agreement spelled out what provisions would be contained in future collective bargaining agreements and would ensure a compliant company union that would not aggressively advocate for the employees. The new settlement reached today came after Ward objected to an earlier settlement proposal in which UAW officials had agreed not to act as the employees’ bargaining representative, but were allowed to use the coercive arrangement at other Freightliner facilities. Like the previous proposed settlement, the new settlement cancels the union’s recognition at Thomas Built and stipulates that it cannot act as the employees’ representative unless it wins uncoerced majority support through a secret ballot election conducted by the NLRB. “Jeff Ward’s principled stance in the face of a shameless UAW hierarchy has won relief for countless thousands of Freightliner employees,” said Foundation Vice President Stefan Gleason. “The UAW hierarchy initially tried to cut its losses at Thomas Built in the hopes of keeping their illegal agreement alive at other Freightliner facilities. They have now been forced to cease and desist company wide.” “The sweetheart deal shows how eager union officials are to sell out the employees’ interests simply to get more union dues paying members.” Bowing to pressure brought by UAW union operatives, Freightliner-Daimler Chrysler signed a so-called “neutrality agreement” that prohibited the traditional and less-abusive secret ballot election process. The company instead agreed to recognize the union on the basis of a majority of employees signing union authorization cards. Under the agreement, union organizers were given access to company facilities to browbeat workers into signing the cards.

High Point, North Carolina (February 25, 2005) – Facing intense employee opposition and pending unfair labor practice charges, United Auto Workers (UAW) union officials have agreed to pull up stakes at the massive Thomas Built Bus facility after having obtained recognition through the coercive “card check” process. National Right to Work Foundation attorneys helped Thomas Built worker Jeff Ward file unfair labor practice charges early last year that led to issuance of a National Labor Relations Board (NLRB) complaint against the company and union. The complaint alleged unlawful coercion during a “card check” drive and unlawful premature bargaining when a majority of employees had not yet chosen to unionize. Although union and company officials are eager to sign a settlement agreement stipulating that UAW disclaims representation power over employees at the Thomas Built Bus facility, Ward is objecting to the settlement. He is asking the NLRB to void the entire “neutrality” or “card check” agreement negotiated by parent company Freightliner. The UAW union’s controversial recognition as the monopoly representative of the facility’s workers has been in dispute since last year. NLRB prosecutors, based in Winston-Salem, agreed with employees’ contentions that union and company officials jointly conducted unlawful mandatory pro-union “captive audience speeches” to coerce the plant’s workers to sign union recognition cards. They also found that the “card check” agreement involved unlawful premature bargaining over substantive terms of employment. “This victory is an encouraging step towards holding union officials across the country accountable for trampling workers’ rights under abusive ‘card check’ schemes,” said Foundation Vice President Stefan Gleason. “But the UAW hierarchy is only cutting its losses at Thomas Built in the hopes of keeping their illegal ‘neutrality’ and ‘card check’ agreement alive so that they can continue to coerce workers at other Freightliner facilities into union ranks.” Bowing to pressure brought by UAW union operatives, Freightliner-Daimler Chrysler signed the so-called “neutrality agreement” that includes a prohibition of the traditional and less-abusive secret ballot election process. The company instead agreed to recognize the union on the basis of a majority of employees signing union authorization cards. Under the agreement, union organizers were given full access to employees’ private personal information (including home addresses) and access to company facilities to browbeat workers into signing the cards.

Denver, Colo. (January 26, 2005) - Qwest Communications (Qwest) announced late yesterday that it and the Communications Workers of America (CWA) union will drop their recent attempt to force mandatory union affiliation on approximately 1,000 Qwest employees nationwide. The announcement comes after attorneys with the National Right to Work Legal Defense Foundation helped roughly a dozen Qwest employees file unfair labor practice charges with the National Labor Relations Board (NLRB) opposing their forced unionization. In October 2004, Qwest unlawfully recognized the CWA union as the monopoly bargaining representative of Qwest’s National Network Service employees simply by “accreting” them into a previously existing unionized bargaining unit. Foundation attorneys aided National Network Service workers from across the country in filing unfair labor practice charges in December 2004, citing that these workers had historically been excluded from the bargaining unit, and that union officials had never proven that the union enjoyed a majority of support among those workers as required by law. Despite these facts, Qwest ceded CWA union officials monopoly bargaining power over the terms and conditions of employment of National Network Service workers. And, Qwest also gave them authorization to seize forced union dues from the paychecks of workers in states that do not have Right to Work laws. A Right to Work law secures the right of employees to decide for themselves whether or not to join or financially support a union. So far, 22 states have enacted such protections. The workers also charged their employer and the union with unlawfully imposing a wage cut on them as a result of the CWA union’s unlawful recognition. “No one should be forced to join or pay dues to a union, especially when union officials abuse that government-granted special privilege,” stated Stefan Gleason, Vice President of the National Right to Work Foundation. “While this is an encouraging victory for Qwest workers, it’s an outrage that their employer conspired with CWA officials to deny them the freedom to decide their own representation in the first place.” Although Qwest’s National Network Service workers are spread throughout the country, most of the workers that filed charges hail from the Northeast and Northwest regions.

San Diego, Calif. (January 26, 2005) - The California Public Employment Relations Board (PERB) has ordered San Diego government union officials to “cease and desist” discriminating against non-union employees by withholding benefits. The dental and eye-care benefits scheme, part of a “Memorandum of Understanding” between the San Diego Municipal Employees Association (MEA) union and the City, was designed to pressure employees into signing up as formal union members, thereby causing them to give up certain rights, including the ability to refrain from funding union political activities. The case originated in March 2002, when police criminalist Tanya DuLaney, with free legal aid from National Right to Work Legal Defense Foundation attorneys, filed a formal charge with the PERB challenging the legality of the discriminatory policy. Union officials told DuLaney that she was ineligible to receive the city-funded benefits unless she joined the union. Not wanting to waive her constitutional rights in order to enroll in a benefits plan paid for by the city, DuLaney filed the unfair labor practice charges. “Rather than look after employees’ interests, MEA union officials withheld workers’ benefits to force them into union ranks,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Without this type of coercion, union officials know that many employees have little use for the union and would therefore resign and withhold financial support.” The PERB agreed with Foundation attorneys’ arguments and ruled that denying the benefit opportunity was an “adverse action” discriminating against non-union employees. The Board additionally recognized that DuLaney was engaging in a “protected activity” of exercising her right not to join a union, and that union officials violated their own duty to represent fairly the interests of all employees.

Solon, Ohio (January 5, 2005) – A Regional Director of the National Labor Relations Board (NLRB) has decided to prosecute Bakery and Confectionary Workers (BCW) Union Local 19 and Schwebel Baking Company, Inc. for causing the unlawful firing of a worker who exercised his right not to subsidize union political activities, and refused to join the union and sign a dues “check-off” card. The NLRB complaint originated when Steven Taday, a former Schwebel employee, obtained free legal assistance from attorneys with the National Right to Work Legal Defense Foundation and filed separate unfair labor practice charges with the NLRB against Schwebel and the BCW union, respectively. Taday filed the charges after union officials pressured the company into firing him for refusing to sign a card authorizing automatic dues deductions from his paychecks. The Regional Director consolidated the charges in issuing the formal complaint. The case will be heard by an Administrative Law Judge of the NLRB in March. Taday alleges that, beginning in February 2004, union officials misrepresented his rights by telling him he had to maintain full union membership and sign a dues check-off authorization allowing the automatic deduction of union dues from his paycheck as a condition of employment. “Union officials want workers like Steven Taday to simply shut up and pay up,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Rather than respect the rights of workers they represent, union officials are bullying workers to pay for their political electioneering.” Taday’s firing from Schwebel, which employs more than 300 people, violated his rights recognized by the Foundation-won U.S. Supreme Court Communications Workers v. Beck decision. Under Beck and subsequent NLRB rulings, union officials must specifically inform employees of their right to refrain from formal union membership and their right not to be forced to pay for costs unrelated to collective bargaining, such as union political activity. “Unfortunately, as long as Ohio workers labor under a system of compulsory unionism, these sorts of abuses will continue to plague workers across the state,” said Gleason.

Asheboro, North Carolina (January 5, 2005) – United Steel Workers of America (USWA) union officials have dropped their bid to unionize the local Goodyear Tires (Goodyear) facility in order to settle a federal prosecution for unfair labor practices committed during a coercive organizing drive last year. Goodyear’s controversial recognition of the union as the “exclusive bargaining agent” of the facility’s workers has been in dispute since last year. Numerous employees contend that union and company officials failed to honor employee revocations of previously signed union “authorization” cards and jointly imposed union representation on a dissenting majority of workers. Receiving free legal aid from National Right to Work Foundation attorneys, three workers at the Goodyear facility filed unfair labor practice charges with the National Labor Relations Board (NLRB) in July 2004 after USWA officials claimed that a majority of workers had signed union “authorization” cards and thus “voted” in favor of unionization. Goodyear subsequently installed the USWA union as the monopoly representative of the approximately 340 workers at the plant based on this dubious claim. Many workers gave Goodyear, and the arbitrator who counted the cards, letters revoking their previously signed cards. USWA officials, Goodyear, and the arbitrator unlawfully ignored the revocations. The workers’ unfair labor practice charges simply asked the NLRB to recount the cards and recognize the revocations. The NLRB Regional Director in Winston-Salem, North Carolina, ultimately sided with the three employees, and in December filed a formal complaint – ordered by the NLRB’s General Counsel – against Goodyear and the union. At the center of the NLRB’s settlement agreement is a mandate that union officials walk away. “This victory is a step towards holding union officials across the country to account for trampling workers’ rights under abusive ‘card check’ schemes,” said Foundation Vice President Stefan Gleason. “While encouraging, it’s an outrage that Goodyear struck a backroom deal with USWA officials in the first place to deny these workers the freedom to decide their own representation through the less abusive secret ballot election process.” Bowing to pressure from USWA union operatives, Goodyear had signed a so-called “neutrality agreement” that prohibits a traditional and less-abusive secret ballot election process in favor of a coercive “card check” campaign. Under the agreement, union organizers were given full access to employees’ personal information and company facilities to browbeat workers into signing union “authorization” cards. Under the terms of the settlement, USWA union officials may not use the “card check” unionization scheme in any future organization attempts at the Asheboro Goodyear facility.