Ft. Rucker, Alabama (May 26, 2004) – Responding to federal charges filed by National Right to Work Foundation attorneys on behalf of a Shaw Infrastructure engineer at Ft. Rucker, union officials have agreed to pay $12,000 in damages after unlawfully having him fired for refusal to pay union dues.

As part of a settlement agreement finalized today, union officials must also post a notice informing workers of the settlement, as well as their right to refrain from full-dues-paying union membership.

In August 2003, Danny McDuffie filed unfair labor practice charges at the National Labor Relations Board (NLRB) against Wire Metal Trades Council (WMTC) union officials for unlawfully having him fired for refusal to pay full union dues and sign a dues check-off form authorizing the automatic deduction of union dues from his paycheck.

While Alabama’s highly popular Right to Work law, on the books since 1953, normally prevents workers from having to pay dues to an unwanted union, much of Ft. Rucker is an “exclusive federal enclave” that instead falls under the jurisdiction of federal labor laws that authorize compulsory unionism. Nevertheless, Foundation-won U.S. Supreme Court victories establish that employees laboring under compulsory unionism have certain due process rights.

Prior to having McDuffie fired, WMTC union officials failed to inform Shaw Infrastructure employees of their right to refrain from formal union membership and their right not to be forced to pay more than a union’s collective bargaining costs.

“WMTC officials were so bent on crushing any dissent that they drove Danny McDuffie from his job, while trying to keep workers in the dark about their rights,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Union officials seem to care much more about stuffing their coffers with workers’ dues rather than treating the rank-and-file employees they claim to represent with respect.”

While McDuffie has decided not to accept re-instatement, union officials must pay him $12,000 in lost pay plus interest and immediately post notices conspicuously in the workplace to inform current Shaw Infrastructure workers of their rights.

The actions of WMTC union officials violated the Foundation-won Communications Workers v. Beck U.S. Supreme Court decision. Under Beck, workers may resign from formal union membership and halt and reclaim the portion of forced union dues spent on activities unrelated to collective bargaining, such as union electoral politics. Union officials must also provide workers with an independent audit of union expenditures to verify that forced union dues are not spent on non-collective bargaining activities.

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, assists thousands of employees in about 200 cases nationwide per year.