UNITE-HERE officials refusing to comply with Supreme Court protections for nonunion employees wanting to refrain subsidizing union politics
New Haven, CT (November 20, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, two Yale University employees have filed unfair labor practice charges with the National Labor Relations Board (NLRB) against the UNITE HERE Local 34 union. The charges state that Local 34 union officials failed to comply with United States Supreme Court-mandated procedures regarding union financial disclosures for forced fees charged to nonmembers.
Christopher Fiorillo and Gennifer Baker, through their Foundation staff attorney, filed the charges with the NLRB on Monday. They both work in the Yale University library, and had been full dues-paying union members of Local 34 since 1999, when both workers were first employed at Yale. However, in October of 2015, Fiorillo and Baker resigned their union membership and informed union officials that they would pay the reduced “agency fee” that only covers activities related to workplace bargaining.
In Connecticut and other states without Right to Work laws, nonunion employees can be forced to pay union dues or fees to keep their jobs. However, applying the Foundation-won Supreme Court precedent Beck v. Communication Workers of America, the NLRB has ruled that nonunion, private sector employees are due certain procedural protections of their right to refrain from paying dues or fees for activities unrelated to workplace bargaining, such as union political activism.
One of the Beck procedures requires that union officials provide independently audited financial disclosure to all nonunion workers paying the reduced fee. Local 34 officials provided a breakdown for Local 34; however, they failed to provide a breakdown for any of three affiliated unions: UNITE HERE International, the Connecticut State AFL-CIO and the New Haven Labor Council.
The charges will now be investigated by the NLRB’s regional office in Hartford, Connecticut.
“It’s bad enough that Fiorillo and Baker can be forced to pay a fee to Local 34 to keep their jobs, but it adds insult to injury when union bosses cannot even comply with longstanding Supreme Court precedent before seizing forced dues from nonmember employees.,” said Mark Mix, President of the National Right to Work Foundation.
“Of course, if Connecticut had a Right to Work law, these charges would never have had to be filed in the first place because union dues would be completely voluntary. That’s why it is long past time for Connecticut workers to have Right to Work protections so that no worker can ever be forced to pay dues or fees just to get or keep a job,” continued Mix.
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.