Hospital employee filed unfair labor practice charges with the help of National Right to Work Foundation staff attorneys

Sacramento, CA (October 8, 2015) – The National Labor Relations Board (NLRB) has issued a formal complaint against the SEIU United Healthcare Workers West union for violating the workplace rights of a nurse at Dignity Health Mercy General Hospital.

In June of 2015, SEIU officials informed Amy Kelsey that she was automatically enrolled as a union member after she started working at Mercy General and would be expected to pay full union dues to “remain a member in good standing.” SEIU officials gave inadequate information to Kelsey about her rights to refrain from formal union membership and opt out of paying full dues.

In California and other states that lack Right to Work laws, employees can be required to pay union dues or fees as a condition of employment. However, they cannot be forced to pay for activities such as political activism. Moreover, federal labor law provides that no employee can be forced to formally join a union. Union officials have a legal duty to inform employees of these rights.

SEIU officials never informed Kelsey of her workplace rights and failed to give other employees adequate information about how to opt out of paying dues for union politics.

With free legal aid from National Right to Work Foundation staff attorneys, Kelsey filed unfair labor practice charges with the NLRB on July 13, 2015. The NLRB Regional Director has now issued a formal complaint, seeking to require union officials to inform employees of their right to refrain from full union membership and object to paying for union politics. The case will be tried before an Administrative Law Judge.

“SEIU officials are eager to force new employees into full dues-paying union ranks,” said Mark Mix, president of the National Right to Work Legal Defense Foundation. “This illegal ploy is unfortunately all too common from Big Labor union bosses desperate to add to their ranks of forced unionism.”

“This case demonstrates the immediate need for a California Right to Work Law so that every Golden State worker can no longer be forced to pay dues or fees to a union as a condition of getting or keeping a job,” added Mix.

Union officials face lawsuit for violating civil servants’ workplace rights

Jefferson County, KY (October 2, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, 11 Jefferson County public school employees have filed a class-action lawsuit in United States District Court against the Jefferson County School Board, District Superintendent Donna Hargens, the AFSCME union, and a regional and a local AFSCME affiliate.

The lawsuit has already prompted union officials to agree to stop collecting union dues from nonunion employees, pending the implementation of certain procedural safeguards to protect workplace rights.

The plaintiffs contend that the school district lacks the constitutional authority to force county public school employees who oppose the union’s presence to pay any union dues. Even if union officials are authorized to collect mandatory dues from nonunion public employees, they are still obligated to abide by Foundation-won Supreme Court precedents that safeguard civil servants’ workplace rights. Employees who refrain from joining a union cannot be forced to pay union dues for activities unrelated to workplace bargaining, such as political activism, and are entitled to certain procedural safeguards to ensure they are not subsidizing union politics.

In the second part of the lawsuit, the plaintiffs seek class-action status for all similarly-situated school district employees to uphold their right to refrain from paying for union political activism. If the courts determine that union officials are entitled to collect forced dues from unwilling public school employees, the lawsuit seeks to ensure that union officials are at least required to abide by these procedural protections.

On September 29, union officials agreed to stop collecting dues from nonunion employees until they implement certain procedural safeguards. The lawsuit challenging the collection of all union dues will continue to proceed in the United States District Court for the Western District of Kentucky.

“We applaud these Jefferson County civil servants for standing up for their workplace rights,” said Mark Mix, president of the National Right to Work Foundation. “We hope that these public school employees will soon be free from the burden of paying mandatory union dues.”

Teachers at Children of Promise Preparatory Academy in legal battle with union filed an application for joinder to protect right to refrain from unionization

Inglewood, CA (October 2, 2015) – On September 23, 2015 Stephanie Moore, Chidozie Ollawa, and Colbey Waggoner, all teachers from Children of Promise Preparatory Academy, a charter school in Inglewood, California filed a motion to join a legal battle as respondents against the Inglewood Teachers’ Association labor union. The teachers are receiving free legal aid from National Right to Work Foundation staff attorneys.

The legal battle began after Moore filed a decertification petition to remove the union from the workplace with the California Public Employment Relations Board (PERB) on January 29, 2015. On March 16, a PERB agent approved the decertification petition, and informed the appropriate parties that a decertification election would be scheduled.

However, less than two weeks later, the union filed an unfair practice charge against Children of Promise, which included a request to stop the election. The charge alleged that Children of Promise failed to provide the union with employee contact information and had refused to negotiate with the union in good faith.

On June 12, the PERB General Counsel issued a complaint against Children of Promise, and on June 29, PERB affirmed a May 12 decision granting the union’s request to stop the election.

The hearing for the case is set to begin on February 8, 2016 before a PERB administrative law judge. The teachers have filed the application for joinder so that as full parties to the case, they may fully protect their rights and interests in the ongoing litigation.

Currently, the application for joinder is still pending before PERB.

“It is absolutely absurd these teachers have to endure a lengthy legal battle just to remove an unwanted union. The ability to participate at this upcoming hearing is critical for these teachers to present their side of the case, and protect their workplace rights,” said Mark Mix, President of the National Right to Work Foundation.

Labor Board blocked workers’ vote to kick out union and issued complaint against employer for honoring petition by a majority of workers opposed to union presence

Florence, SC (September 29, 2015) – Brenda Lynch and Anna Marie Grant, both employees at Johnson Controls, Inc.’s battery plant in Florence, South Carolina, have filed a motion to intervene with the National Labor Relations Board (NLRB) in an ongoing case involving the union that formerly represented employees in their workplace. Lynch and Grant are receiving free legal aid from NRTW Foundation staff attorneys.

Earlier this month, the NLRB General Counsel issued a formal complaint against Johnson Controls, Inc., a nationwide company, related to its Florence plant. The complaint alleges that Johnson Controls committed an unfair labor practice when it withdrew recognition of the workplace union, United Auto Workers (UAW) and its Local 3066.

However, the company withdrew recognition of the UAW and Local 3066 after a majority of workers submitted a withdrawal petition declaring they no longer wanted the union’s “representation.” The NLRB General Counsel, however, deemed the withdrawal petition invalid and demanded that the UAW be brought back into the plant.

In response to these developments, Lynch, who with several others helped organize the withdrawal initiative, submitted to the NLRB a decertification petition for a secret ballot election to formally remove the union. Rather than hold a secret ballot vote to determine employees’ true desires, the NLRB, at the UAW’s urging, has blocked the secret ballot decertification election citing the pending complaint against the company.

Now, to protect their (and all other employees’) workplace right to refrain from union representation, Lynch and Grant have moved to intervene, seeking full participation in the case. The case has been set for trial on November 16, 2015. If granted intervenor status, Lynch and Grant will, through their attorneys, be able to represent their own interests, and those of the majority of employees who oppose the UAW, at trial. They will have the power to testify, call and examine witnesses, and present legal and factual arguments to protect their and other employees’ rights to disassociate from an unwanted union.

“Brenda Lynch and her colleagues in South Carolina simply sought to exercise their workplace rights, and now must conquer daunting legal hurdles put in place by a Big Labor-stacked NLRB,” said Mark Mix, President of the National Right to Work Foundation.

“Intervenor status is absolutely critical for Brenda and her fellow workers to properly and adequately defend and protect their workplace rights. These workers have said they want nothing to do with the union. It’s just common sense that they should be able to present their case because their rights are at issue,” continued Mix.

Worker advocate issues statement clarifying employee rights

Springfield, VA (September 22, 2015) – The National Right to Work Foundation, which provides free legal assistance to employees nationwide, issued the following statement after UAW officials announced that they would extended their expired bargaining agreement with the Big Three Automakers on an ‘hour-by-hour basis’:

The UAW’s recent announcement that it will extend the existing bargaining agreement with the Big Three Automakers on an “hour-by-hour basis” does not change the fact that Big Three employees in Michigan, Indiana, and Wisconsin now have the right to stop paying union dues. If you or someone you know has been denied the right to stop paying union dues by UAW officials on the grounds that their previous bargaining agreement with the UAW has been extended, contact the National Right to Work Foundation immediately by visiting the Foundation’s website or calling 1-800-336-3600.

“UAW officials can say what they want, but they no longer have the legal authority to require Big Three employees in Michigan, Wisconsin, and Indiana to pay union dues as any ‘extended’ contract is now fully covered by state Right to Work laws,” said Mark Mix, president of the National Right to Work Legal Defense Foundation. “It’s important that employees in all three states understand and are able to exercise their recently-enshrined workplace rights, and we encourage any autoworker who wishes to stop paying union dues to contact the National Right to Work Foundation immediately for free legal assistance.”

The Foundation’s full legal notice to UAW employees can be read here.

Officers Challenge Retaliation, Termination for Blowing the Whistle on Scheme to Illegally Divert $5/hour of Pay to Union

Westerly, Rhode Island (September 21, 2015) – Five part-time police officers in Westerly, RI have filed a motion for a preliminary injunction to stop town and union officials from illegally seizing a portion (at a rate of $5 an hour) of every paycheck in forced union dues.

On July 28, 2015, Thomas Cimalore, Anthony Falcone, Scott Ferrigno, Darrell Koza, and Raymond Morrone, filed a Civil Rights lawsuit against the Town of Westerly, several town officials, and International Brotherhood of Police Officers Local 503 (Local 503) in U.S. District Court. The plaintiffs are receiving free legal aid from the National Right to Work Foundation.

The plaintiffs are seeking an injunction so they will not be forced to pay fees to Local 503 as their lawsuit proceeds through the court system.

The lawsuit alleges that the plaintiffs’ First, Fifth, and Fourteenth Amendment rights (and other state labor and whistle blower protection statutes) are violated when they are forced, as a condition of employment, to financially support Local 503 despite never authorizing or requesting that the town withhold a portion of their paycheck and distribute those funds to Local 503.

Because Rhode Island lacks a Right to Work law, and is a forced-unionism state, workers who choose not to join a union can still be forced to pay fees to union bosses as a condition of employment if they labor under a union-imposed contract. However, these 5 part-time officers are not only nonmembers; they are not even represented under Local 503’s monopoly bargaining agreement with the Town of Westerly. Despite that, a clause in the union contract specifically states that, although not covered by the agreement, part-time officers are required to pay a fee to Local 503.

The deductions began about the beginning of April 2014. Later in the summer of 2014, the plaintiffs allege that the chief of police threatened retaliation against the officers for having publicly raised the issue of the forced-dues scheme.

In November 2014, the Town revised its “Detail Assignment System” which it uses to allocate all “private duty” assignments. The pay for private duty is 38 dollars an hour. The system was revised in such a manner that it diminished plaintiffs’ hours and pay. The timing and circumstances of the revision caused the officers to allege the revision was retaliation by the town for their questioning the illegal forced fee arrangement.

Moreover, on December 4, 2014, plaintiff Darrell Koza was fired with neither notice nor a hearing. In addition to the five officers’ lawsuit, Koza has filed a separate suit alleging that his termination was illegal retaliation for publicly speaking out against the illegal scheme.

“The judge hearing this case should quickly grant this injunction to at least provide some relief to these hardworking public servants who are currently illegally forced to pay union fees,” said Mark Mix, President of the National Right to Work Foundation.

“While we ultimately believe this forced-dues scheme will be declared unconstitutional and a violation of these officers’ rights, stopping the confiscation of parts of their paychecks would be an important step toward victory,” continued Mix.

Hospital employee filed unfair labor practice charges with the help of National Right to Work Foundation staff attorneys

Thousand Oaks, CA (September 15, 2015) – The National Labor Relations Board (NLRB) has issued a formal complaint against the SEIU United Healthcare Workers West union for violating the rights of Guillermo Cornejo, a nurses’ aid at Los Robles Hospital and Medical Center.

In March of 2012, SEIU officials informed Cornejo that he was automatically enrolled as a union member after he started working at Los Robles and would be expected to pay full union dues. SEIU officials never properly informed Cornejo of his rights to refrain from formal union membership and opt out of paying full dues.

In California and other states that lack Right to Work laws, nonunion employees can be required to pay union fees as a condition of employment. However, they cannot be forced to pay for union activities unrelated to workplace bargaining, such as political activism. Moreover, federal labor law holds that no employee can be forced to formally join a union. Union officials have a legal duty to inform employees of their rights.

Despite these protections, SEIU officials never informed Cornejo of his workplace rights and failed to give Los Robles employees adequate information about how to opt out of paying dues for union politics. In April 2013, SEIU officials attempted to have Cornejo fired from the hospital for refusing to comply with their forced-dues demands.

With free legal aid from National Right to Work Foundation staff attorneys, Cornejo responded by filing unfair labor practice charges with the NLRB in May 2013. The Board’s General Counsel has now issued a formal complaint against the union, seeking to require union officials to inform employees of their right to refrain and obtain reimbursement, plus interest, of any union dues confiscated from nonunion employees for activities unrelated to workplace bargaining since November 2012.

“SEIU officials ignored the law to force new employees into full dues-paying union ranks,” said Patrick Semmens, vice president of the National Right to Work Legal Defense Foundation. “We’re happy to report that the NLRB has finally taken action to hold SEIU bosses accountable for this injustice, but similar union practices will continue until California adopts a Right to Work law, which would make union membership and dues payments strictly voluntary.”

National Right to Work files brief in Friedrichs arguing that compulsory union dues for civil servants are incompatible with free speech

Washington, DC (September 14, 2015) – National Right to Work Foundation staff attorneys have just filed an amicus curiae (‘friend of the court’) brief in Friedrichs v. California Teachers Association, urging the United States Supreme Court to outlaw forced union dues in the public sector.

Nearly 40 years ago, the Court ruled in the Foundation’s Abood v. Detroit Board of Education case that public-sector workers can be compelled as a condition of employment to pay union fees for workplace bargaining. Since then, National Right to Work Foundation-assisted workers have repeatedly challenged government union officials’ forced-dues privileges.

On June 30, the Supreme Court agreed to hear Friedrichs, a case brought by several longtime California public school teachers and the Christian Educators Association. The plaintiffs are challenging a state law that requires them to pay union dues and fees to keep their jobs, despite the fact that they are not members of the California Teachers Association and disagree with many of the union’s policies.

The Friedrichs plaintiffs rely on two recent, Foundation-won Supreme Court decisions, Knox v. SEIU and Harris v. Quinn, to bolster their case. In both instances, the High Court hinted it was ready to revisit the Abood precedent and expressed skepticism about the constitutionality of public sector union officials’ forced-dues privileges.

The Foundation’s brief contends that civil servants should not be forced to pay union dues simply because union officials have chosen to bargain for all employees – nonunion and union alike – in a given workplace. They also point out that “exclusive representation” actually confers significant benefits on union officials, who are empowered to negotiate with the state and receive tremendous influence in the workplace, and therefore have no justification for collecting mandatory contributions from nonunion civil servants.

“Drawing on decades of experience in the field of labor law, Foundation attorneys have filed a brief urging the Supreme Court to outlaw forced dues in the public sector in order to protect the rights of public servants who choose not to associate with a labor union,” said Mark Mix, president of the National Right to Work Foundation. “For too long, the rights of nonunion public employees have been trampled by states that require them to pay dues to a labor union just to get or keep a government job.”