Workers Assert Constitutionally-Protected Rights After Union Officials Demand Personal Information
Right to Work Foundation assists Sacramento healthcare providers coerced into union forced dues ranks
Sacramento, CA (December 20, 2010) – A Sutter Roseville Medical Center healthcare professional has filed federal labor charges against a local union for coercing her and her colleagues into paying forced union dues.
With free legal aid from National Right to Work Foundation attorneys, Mary Massen filed the unfair labor practice charges with the National Labor Relations Board regional office in San Francisco.
Because California does not have Right to Work protections for its workers, Massen, who elects to refrain from formal union membership, is still forced to pay union fees as a condition of employment. However, because of a National Right to Work Foundation-won Supreme Court precedent in Communication Workers v. Beck, she cannot be compelled to pay the portion of union dues used for the union’s political, lobbying, and member-only activities. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently verified audit of chargeable and non-chargeable expenses.
Service Employees International Union (SEIU) United Healthcare Workers – West union officials refuse to provide the Center’s nonmember employees with the disclosure Beck requires. SEIU United Healthcare union officials also require the workers to annually object, a tactic designed to force workers into paying full union dues. Foundation attorneys defeated the annual objection requirement of another union before the NLRB earlier this year.
Additionally, this union requires employees who choose not to join the union to provide their social security numbers to refrain from supporting the union officials’ non-bargaining expenses, further discouraging workers from exercising their rights.
The use of social security numbers by union bosses to retaliate against workers who refuse to toe the union line is not without precedent. In an ongoing case, Foundation attorneys are assisting 16 employees in North Carolina whose social security numbers and other personal information were publicly posted by union officials in apparent retaliation for exercising their right to not join the union.
“It is unconscionable for union officials to require employees to give away sensitive personal information for no other reason than to discourage them from exercising their constitutional rights” said Patrick Semmens, Legal Information Director of the National Right to Work Foundation. “California needs a Right to Work law to protect workers from these forced unionism abuses in the future.”
Comments
A letter to the Governor,
A letter to the Governor, State Senate, and the house of Representatives of Minnesota.
To whom it may concern:
I am a Family Child Care Provider in the great state of Minnesota. I have been proudly serving my community to better the lives of the families I provide for, for several years now. In the early months of this year, I was visited by a nice young woman (Robin Seegers) who would inform me of all of the problems with the current childcare system. I was mostly unaware that the State and local Social Services offices were doing such a poor job, and I was not easily convinced of this either.
Robin entered my home as I was getting afternoon snack for my children, with the promise to make her presentation brief, because as she stated, she knew how difficult my job was and how little support I was receiving. This was the beginning of her argument that the state did not have the best interests of Early Childhood Educators and Providers in mind when legislating. She followed that with questions about how I would like to see things in childcare change. When I explained that I was quite happy with the current state of childcare and the support I was receiving from my local licenser, she seemed miffed at my response. She went on to offer suggestions of things I might consider being dissatisfied with, like low wages (to which I explained I set my own), no medical benefits (to which I answered my wife has better medical than MAYO employees), no voice in the Rule and Decision making process. Robin gave me many examples of things someone else could do to help me and other providers.
I felt I should explain to Robin that I was a private business owner, and I became my own boss so I could make my own decisions about how help myself and the community I provide for. I went on to explain that I am not without a voice and I was a bit displeased with her insistence that I was. I explained that I am a member of the Child Care Resource and Referral, and I have my local licensor for voicing my opinions. I tried only in vain to make Robin understand that this is America, a land built on free enterprise, so if I wanted change I would research, educating myself, and create change for myself. This did not sit well with her. With every ounce of niceness she could muster, she began the onslaught of guilt I should feel, for my fellow providers and the families of Minnesota. Why do I not care to get involved for the “Ones” who have no health care, why will I not speak out to help others get the schooling and other benefits they need and deserve?
At this point, I started to feel something was amiss with these young ladies motives, so I did as any good business owner (researcher) would do; I took over the question and answer session. I wanted to know why she was so interested in family childcare providers (private business owners), and what experience she had as a provider or small business owner. Much to my surprise she had zero experience with children or small business, in fact, she had just graduated college and started up with this company calling themselves Kids First who’s mantra was Strong Voice For Quality Child Care, Making 2011 the Year of the FCC Provider. It was at this point, she presented me with a pamphlet from SEIU, an organization I was unfamiliar with at that time. This pamphlet had statements like, “We need to stand together united as child care providers in order to continue to provide programs that children and parents need and deserve”, sounds good right. The pamphlet also stated, “Providers are building our own organization with SEIU, and getting involved.” You can imagine my surprise when I found out that the majority of providers (personal business owners) were being forced to pay union dues (fair pay).
This person was standing in my home, my business, telling me I should get involved and help fix something I did not feel was broken, offering to take my money and sign me up for a contract that was not drafted. When I refused, she thought I should at the very least, get more information, so I could stay current on the events taking place in my state. She handed me her clipboard and told me I would need to fill out a form for additional information, to which I explained I did not intend to sign anything without reading it first. She re-tracked her clipboard and tried to leave, but I still had some questions about her pamphlet.
The four points on the SEIU’s pamphlet where 1. Hosting FCC provider meetings in their homes to which I offered to hold a meeting in my home or attend a meeting at any location. 2. Signing SEIU-KIDS FIRST UNION CARDS, which she had just attempted to deceive me into signing. 3. Talking to their Legislator, which I am doing right now. 4. Planning to attend a FCC Lobby day at the Capitol, which I have had no communication inviting me to attend.
By the time my wife had returned home from work (at 4:00), Robin had heard enough and was ready to run for the hills, but I introduced Jenny to her and explained that she was also a licensed provider in the Olmsted County area. Robin made no attempt to communicate to my wife her purpose for being in our home; instead, she beat a hasty retreat. After Robin had gone, Jenny began questioning what this woman was doing at our home, due to the fact that Robin had no distinguishing markings on her clothes or vehicle. Robin wore no nametag, or company insignia on her jacket or sweater, she offered no visual indication of who she represented. Furthermore, we had no prior notification that we would be receiving a visit of any kind from this organization. After my wife and I had time to talk about what had just gone on, I began to search the internet for any information I could find on the SEIU. What I found was very disturbing!
I found that in Michigan they had thrown this Union out for unfair signing practices and deception, as well as, not making good on their promises. I know several business owners who were tricked into signing these information request forms, only to find out they had joined a union, and the union would not give their card back. I am asking you to respect the rights of the small business owners of Minnesota, and say, no to signing an Executive Order stripping Private Business Owners of their rights to run their business the way they see fit.
I am a provider who is educated, I do research on the most Appropriate Practices in Early Childhood Education, I am a member of the National Association for the Education of Young Children (NAEYC), I took 135 hours of training last year alone, in order to learn better ways to service my community, and become a stronger professional. I belong to the Child Care Resource and Referral Food Care Program (approved by the FDA), and attended college last year to prepare myself for my application for the CDA (Child Development Associates/ Council for Professional Recognition), and am currently enrolled in an Undergraduate study for my Child Development BA at Concordia University St. Paul. Without the support of agencies like the CCR&R, I could have not gotten grant money to further my education. All of this schooling is made possible through Government grants and agencies (already in place) that are already in place for providers ambitious enough to better themselves. I am a big believer in the system of free enterprise and this SEUI threatens to destroy that for Providers and Early Childhood educators, a divided sector of very valuable role models of our community. This union thinks that these stay at home parents are easy pickings, but I know different.
If the Governor signs this Executive order he will be going against everything our Founding fathers believed in, and worse yet he will be single handedly selling the future of our youth to a bunch of money mongering lawyers and politicians. Please Help Us!
If you won’t listen to me, than listen to the words of the man on your street address!
A genuine leader is not a searcher for consensus but a molder of consensus.
All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence.
Martin Luther King, Jr.
The labor of love and childcare and education, is just such a labor.
Martin Luther King, Jr.
The labor of love, childcare, and education, is just such a labor.
Very Concerned,
Duane Mulholland
SzfBEMEvuITGIAbE
ThatÂs more than sneibsle! ThatÂs a great post!
SEIU dues are they obligatory?
I provide independant adult-care for a family memember that is funded by CA state. The family member is my offcial employer, although the state cuts my check.
SEIU deducts monthly dues and I have been tried in vain to understand the authority they have to do so.
Maybe someone could help me here.
Thank you.
gizRDPekOlR
Haha. I woke up down today. YouÂve chreeed me up!
Union demands for personal information
The union that represents me (not by my choice) also asks for my social security number when I object to paying these fees and challenge the calculations and allocations in state labor board mandated hearings. This is not the only demand that they make. They also demand that I give them my employee identification number, department and work location among other things. This of course would leave me vulnerable to identity theft and once it is given to the union, they can sell this information to anyone.
I do not give the union (UPTE local 9119) this information and I always advise everyone (including the nearly 1,000 others represented by this union who object to paying the fees) never to give out this information to the union. The end result of this is that this union refunds money to all of those who object and challenge according to legal requirements.
Do not be fooled or intimidated by any union's declarations, the union's do not write, interpret or enforce the laws. They just send you letters that make it seem that that they can make you do what they want. It took me several years to understand the issues involved. Reading the law, setting up an organization (http://www.justvoteuc.org/) to fight back against the union and contacting various people and organizations that were willing to help.
The bottom line is that we have forced the union to return over a half a million dollars to us. The NRTWF legal defense foundation was instrumental in many legal actions and I praise them for their help. But theNRTWF is badly underfunded and they cannot compete with the massive amount of union money that they use for union lawyers to oppress those who oppose them.
If you want to fight back against the forced extraction of union fees, you'll have to rely mostly on yourself, just like I did. Read the law, set up an organization to fight back against the union and contact me for help (wwitke@san.rr.com). Remember the old adage-"God helps those who help themselves".
Werner
Good for you. We too have a
Good for you. We too have a Constitutional right to work free from compulsory membership.
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