Los Angeles Times Employees Illegally Threatened with Lawsuit for Refusing to Pay Union Dues
Illegal contract provides pretext for Teamster bosses to sue employees for not joining the union or paying dues
Los Angeles, CA (June 1, 2009) – With free legal assistance from the National Right to Work Foundation, a Los Angeles Times employee has filed unfair labor practice charges against newspaper and union officials for threatening him with an illegal lawsuit.
Over the past six months, union officials from the Graphic Communications Conference of the International Brotherhood of Teamsters (GCC/IBT) Local 140-N have repeatedly ordered Leon Carey, Jr. and similarly situated employees to join the union and pay full dues or face a lawsuit in California civil court, citing a clause in the union’s contract with the Los Angeles Times. Carey’s charges allege that these actions violate the National Labor Relations Act (NLRA), which prohibits union officials from restraining or coercing workers who refrain from formal, full dues-paying union membership.
Because California is not a Right to Work state, employees can be obligated to pay union dues related to collective bargaining as a condition of employment. However, employees are not obligated to formally join a union or pay dues for activities other than workplace negotiations, such as lobbying and electioneering.
Moreover, union officials must provide nonunion workers with an independently-audited breakdown of all union expenditures, which is required to allow nonunion employees to opt out of dues unrelated to collective bargaining. In addition to threatening nonunion employees with an illegal lawsuit, Teamster officials also failed to provide them with sufficient information on the union’s financial outlays.
The charges will now be investigated by the National Labor Relations Board (NLRB).
“It’s bad enough that employees can be forced to pay union dues just to keep a job, but these thuggish tactics are completely uncalled for,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Making union membership and dues-payment completely voluntary is the only way to prevent this type of abuse in the future, which is why California desperately needs a Right to Work law.”
Comments
Card Check
I do not believe in Card Check. It is unreal that Obama and his thugs are for Card Check which gives the Union the right to force all non-salaried employees to belong to a union. There are many companies who pay their employees as much as most management makes,thus why would the employees even need a union. What card check will do is cause intimidation and pressure to be placed on employees who do not want a union in their company. Any employees who are working for a company who does not pay them well, I can see why they would want a union but again this is their choice. If they want a unionized company, fine, but don't use the bully pit.
What happens when you don't
What happens when you don't pay your bills,debts,taxes and dues? You are taken to court! You guys are lucky to have a union and keep making the money you do. Dues are used for operating your local, attorney fees etc. I wish I was getting a lump sum, instead I might get laid-off soon like a lot of my coworkers. Count your blessings and pay your dues, you have alot more to lose.
Union Security
The Union security Language in our contract permits the collection of dues from all employees employed in our shops. There is no language in our contract that makes joining the union or paying dues a condition of employment and Mr. Carey has the option of requesting an "Agency Fee Payer" status and upon approval, would be required to only pay dues germane to representation and negotiations.
No threats were ever made to him or anyone else to join the union, which is their choice. They are none the less required to pay dues in accordance with the CBA.
Our Local has the right to persue the collection of dues that are considered in arrears in small claims court and that is the action that Mr. Carey was made aware of in a letter from our Secretary Treasurer. Again, no threats were made.
There are a number of employees in our bargaining unit that are not interested in joining our Local and that is their right, but they are still obligated to pay "core member" due amounts to our Local and they along with Mr. Carey have also received notification that their dues are in arrears and for them to please remit them to our local.
We are in compliance with the law and our collective bargaining agreement and view Mr. Carey's actions as that of a defiant anti-union minded individual.
We are confident that Mr. Carey's ULP will be dismissed on the same grounds as his attempt to de-authorize the union security clause of our collective bargaining agreement. The Union does not have the authority to request termination of an employee for not joing the union or for not paying union dues.
Lee Carey should request angency fee payer status and he will be rquired to pay the reduced amount as determined under the "Beck" ruling.
Ronnie Pineda
President,
GCC/IBT Local 140-N
If there is no language in
If there is no language in the contract that makes joining the union or paying dues as a condition of employment then the union security agreement would be non binding.Therefore paying dues would be voluntary. The second paragraph of the union security clause negates the first paragraph. That would be up to a small claims judge to decide.
A threat is a threat
Just so we're clear: You admit to sending him a letter saying pay us money or we'll take you to court.
And how is that not a threat?
Help!! Millions of Americans Being Threatened
Millions of Americans are being threatened with civil suits for non-payment of services everyday. Try crying to the courts when the bank sends you a threat of a lawsuit when you don't pay your mortgage or your credit cards. Then again we all know where the Mortgage and Banking Industry has gotten our economy latley.
So now that were clear: It's O.K. for Corparate "THUGS" to threaten but not anyone else that is not getting paied for their services.
Millions of Americans are
Millions of Americans are being threatened with civil suits for non-payment of services everyday.
Los Angeles Times employees threatened for not paying dues
LA Times employees had better working conditions, pay and just as much security before the union was barely voted in (by 6 votes). Half of the employees didn't see this as a position of workplace solidarity or an intelligent base to begin bargaining from. There are currently more than 50% of the employees that DO NOT want a union or to pay dues.
There is a mechanism called a deauthorization petition and vote that is a part of the NLRA. We provided the necessary signatures and filed the petition with the NLRB. The Regional Director of the NLRB found that the absence of a termination threat in the union security clause negated the case for a deauthorization vote. Unfortunately for us as non-union employees, the Teamsters union doesn't believe the absence of a termination threat renders their union security clause unenforceable, as they have threatened us with lawsuits.
This is a case of being allowed due process under the NLRA, either the union security clause is enforceable (which the NLRB has ruled that it is missing a termination component)and if it is enforceable we should be granted a deauthorization vote, or if it is unenforceable we should have the right to voluntary dues payment. This would be more in line with what the NLRA is all about - democracy and workers rights in the workplace.
Workers saddled with an apathetic, abusive, underperforming union should know that the democratic process can work in their favor through a government-sponsored secret-ballot deauthorization election.
Unlike a mortgage or credit card payment, we did not sign a contract or agreement. We are not (formally) and do not want to be part of or represented by the union.
If and when we are granted due process under the law to a deauthorization vote, and IF 50% of employees vote in favor of no deauthorization of the union, then we will be willing to pay our required dues. Until that time we see the union security agreement as unlawful and the payment of dues should be voluntary.
Lee Carey
LA Times Pressman
Lee
Keep at it Lee!
I love these union bots. They all talk to you as if they're doing you a favor. We've never asked to be in their silly union in the first place!
Leave us alone!
http://zero4file.com/
If and when we are granted due process under the law to a deauthorization vote, and IF 50% of employees vote in favor of no deauthorization of the union, then we will be willing to pay our required dues. Until that time we see the union security agreement as unlawful and the payment of dues should be voluntary.
zero4file