Union Corruption, Violence and Intimidation Syndicate content

Majority Leader DeLay’s Accusers Ignored Federal “Conflict of Interest” Disclosure Rules

Washington, DC (April 13, 2005) ¯ The National Right to Work Legal Defense Foundation’s president today filed a request with the Department of Labor (DOL) asking the agency to investigate and prosecute a top AFL-CIO official for violating a federal disclosure law intended to reveal potential conflicts of interest by union officials. Foundation attorneys have discovered that the AFL-CIO’s Director of International Affairs, Barbara Shailor, has never filed the mandatory union disclosure forms on which she must disclose compensation received by her husband, Robert Borosage, from the "Campaign for America's Future" (CAF), an organization which he founded and leads. She also must disclose that her husband’s organization has received at least $130,000 in payments from the AFL-CIO in recent years. Aside from exposure to potential criminal prosecution, the apparent failure to follow federal disclosure law opens up Shailor, Borosage, and CAF to charges of hypocrisy in light of the national notoriety Borosage and CAF recently received in vehemently denouncing Representative Tom DeLay (R-TX) for alleged unethical behavior. Under the Labor-Management Reporting and Disclosure Act (LMRDA), union officers like Shailor must file annually an “LM-30” form to disclose potential conflicts of interest. “The workers – whose dues collected in many cases as a condition of employment, pay Ms. Shailor’s salary and the AFL-CIO’s contributions to her husband’s organization – are entitled, by law, to know how their money is being spent and whether there has been any self-dealing by union officials,” said Mark Mix, president of the Foundation. Responding to an extensive wave of union corruption, the U.S. Congress held extensive hearings in 1959, which resulted in passage of the LMRDA. Also known as the Landrum-Griffin Act, the LMRDA requires that among other things, unions, their officers, and key employees must annually disclose certain financial information. Penalties for willful violation of the LMRDA include up to a $100,000 fine and up to one year in jail. Union officials may also be barred from holding office or even being a union employee for up to 13 years for violating the LMRDA.

24-Hour Security Detail Hired to Protect Thomas Built Bus Worker’s Family Against UAW Union Reprisals

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

Connecticut CWA Union Forced to Cease Unlawful Retaliation Against Nonunion Worker

Old Saybrook, Connecticut (February 15, 2005) – Communications Workers of America (CWA) local 1298 officials have agreed to drop their illegal attempts to seize the wages of a local nonunion employee who continued to go to his job during a strike. The agreement settles an unfair labor practice case filed at the Hartford-based National Labor Relations Board (NLRB) office by National Right to Work Foundation attorneys on behalf of Michael Beda, an employee of SBC Communications in Old Saybrook, Connecticut. On April 5, 2004, Beda sent a letter to CWA union officials revoking his formal union membership. By resigning from formal union membership, non-union employees such as Beda are not subject to union rules and internal union discipline. In May 2004, union officials ordered a strike at SBC Communications. Beda, not bound by union membership rules, continued going to work during the four day work stoppage. Beda later received a letter from CWA union officials stating that they were filing internal charges against him, and that he faced surrendering his wages earned during the strike despite the fact he was not a union member. Beda then filed the unfair labor practice charges. In the settlement agreement, CWA union officials agree to rescind portions of their bylaws restricting employees’ right to resign their union membership, and retroactively recognize all resignations submitted by other workers to union officials since April 8, 2004. “CWA union officials tried to make an example of Michael Beda just for going to work and doing his job,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “How dare they try to abscond his wages simply because he honored his commitments to his employer.” The action of the union hierarchy clearly violated rights recognized by the U.S. Supreme Court in NLRB v. Textile Workers and Pattern Makers v. NLRB. Under Textile Workers, it is an unfair labor practice for a union to fine employees who had been union members in good standing but who resigned during a lawful strike and thereafter returned to work during that strike. Under Pattern Makers and subsequent NLRB rulings, union officials are obligated to honor employees’ resignations from formal union membership. “This union hierarchy’s disdain for workers’ freedom and economic security shows that, contrary to their claims, they do not have employees’ best interests at heart,” said Gleason.


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