Under settlement, union must post notices informing employees of their rights not to be a full union member or pay for union politics
San Diego, CA (October 15, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, a Viejas Casino and Resort employee has obtained a settlement with United Food and Commercial Workers (UFCW) Local 135 union officials that safeguards her and her coworkers’ right refrain from paying dues for union politics.
In April 2015, Bolin Ama began working at the Viejas Casino and Resort. She received a “welcome packet” from UFCW union officials that indicated that all new employees were required to join the union and pay full union dues as a condition of working at the casino. She was also told to report to union headquarters to fill out the necessary paperwork and receive a lecture about union membership.
Under federal labor law, no employee can be forced to formally join a union to get or keep a job. In California and 24 other states without Right to Work laws, employees can be required to pay union dues or fees as a condition of employment. However, the Foundation-won Communication Workers v. Beck Supreme Court decision established that employees have the right to refrain from paying dues for union activities unrelated to workplace bargaining, such as political activism. Instead of forthrightly informing Ama and other new employees of these rights, UFCW officials required them to attend an indoctrination session that stressed the need to join the union and pay full dues.
When Ama attempted to assert her workplace rights, UFCW officials were uncooperative. In May, union officials agreed to reduce the amount Ama was required to pay to keep her job. However, UFCW officials provided no information about the union’s finances or how they calculated the fee reduction. Longstanding Supreme Court precedent requires union officials to provide employees with an independent audit of union finances to ensure they are not being charged for political activities to which they object.
In late June, Ama’s Foundation attorneys filed unfair labor practice charges for her with the National Labor Relations Board, a federal agency that administers private sector labor law. Union officials have now agreed to a settlement that requires them to send letters to employees explaining that union membership is not a condition of employment, post public notices informing employees of their right not to pay full union dues, and provide nonunion employees with adequate disclosure about the union’s financial expenditures.
“We are pleased to report that as a result of this legal action, UFCW union bosses must stop misleading employees about their workplace rights,” said Patrick Semmens, vice president of the National Right to Work Foundation. “However, even after this settlement is implemented, many Viejas Casino employees will continue to be forced to pay dues to a union they have no interest in joining or supporting.”
“This continued injustice highlights the need for a California Right to Work law, which would ensure that all union dues are completely voluntary,” continued Semmens.
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.
