Detroit, MI (October 22, 2010) – With free legal assistance from the National Right to Work Foundation, a Farmington Hills-based nursing home employee has filed a federal unfair labor practice charge against a local Service Employees International Union (SEIU) affiliate.

In October 2009, Donna Smith, a Botsford Common Nursing Home custodian, refrained from formal, full-dues-paying union membership from the SEIU Healthcare Michigan union.

Under Foundation-won precedent in the Supreme Court case Communication Workers v. Beck, the Court held that nonmember employees in states without Right to Work protections for its workers may still be forced to pay certain union fees as a condition of employment, but they do have the right to refrain from paying union dues spent for activities like political activism, lobbying, and member-only events.

Despite her being a nonmember, SEIU union officials continued to collect full union dues from Smith’s paycheck for 10 more months. In September 2010, Smith and SEIU union officials reached a settlement in which she received the difference of full union dues and the union fees that she is forced to pay for the union bosses’ so-called “representation.”

However, Smith later found out that SEIU Healthcare Michigan union bosses and Botsford Common Nursing Home do not have a union monopoly bargaining contract in place, and therefore, she is not forced to pay any union dues or fees at all. Under federal law, workers cannot be forced to pay union dues or fees when a union monopoly bargaining contract is not in effect at their workplace.

“SEIU Healthcare Michigan union bosses apparently are deliberately keeping rank-and-file workers in the dark to keep their forced-dues gravy train going,” said Patrick Semmens, National Right to Work Foundation legal information director. “No worker should be forced to subsidize the very scoundrels whose only goal is to seize forced union dues from their paychecks at all costs.”

“This case highlights why Michigan desperately needs a Right to Work law making union affiliation and dues payments completely voluntary.”

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.