Two Rulings Reject Union Boss Attempts to Attack Michigan Employees’ Right to Work without Paying Union Dues
State Supreme Court and Federal District Court both rule against union challenges to Right to Work protections for public- and private-sector employees
Detroit, MI (July 31, 2015) – Today, the United States District Court for the Eastern District of Michigan has issued an order dismissing an AFL-CIO legal challenge to Michigan’s recently-enacted private-sector Right to Work law. Meanwhile, the Michigan Supreme Court ruled that the state’s Civil Service Commission has no authority to require state employees to pay union dues as a condition of employment. Mark Mix, president of the National Right to Work Foundation, responded to these developments with the following statement:
“Despite union lawyers’ best efforts, two spurious attempts to undermine Michigan’s popular Right to Work laws have failed. In both cases, Foundation staff attorneys filed briefs for Michigan employees who opposed any attempt to restore union officials’ forced-dues privileges.”
“Thanks to these decisions, Michigan civil servants and private-sector employees will continue to enjoy Right to Work protections, which ensure that they cannot be fired for refusing to join or pay dues to a union. Any Michigan workers who need help exercising their right to cut off union dues or fees should immediately contact the National Right to Work Foundation for free legal aid.”
In the public sector case, National Right to Work Foundation staff attorneys submitted an amicus curiae (“friend of the court”) brief for Thomas Haxby, an employee of the Michigan Department of Natural Resources. After Michigan’s Right to Work law went into effect, Haxby resigned his membership in the Service Employees International Union (SEIU) Local 517M, one of the unions that filed the suit, and opted out of paying union dues.
Responding to the AFL-CIO’s legal challenge to Michigan’s private-sector Right to Work law, Foundation staff attorneys also filed a brief for four Michigan employees, all of whom were employed in workplaces covered by a forced-dues contract between their employers and unions before the Right to Work law was enacted.
Prior to enactment of the Right to Work laws, the four workers could be forced to pay union dues or fees to keep their jobs, despite the fact they were not union members and opposed a union presence.
Private-sector Michigan employees seeking to learn about their rights under Right to Work should read the Foundation’s special legal notice: https://www.nrtw.org/special-legal-notice-to-most-private-sector-workers-in-michigan…
Public-sector Michigan employees seeking to learn about their rights under Right to Work should read the Foundation’s special legal notice: https://www.nrtw.org/special-legal-notice-to-most-public-sector-workers…
Any employee who needs help exercising his or her rights can contact the Foundation for free legal aid by calling 1-800-336-3600 or through the Foundation’s website: https://www.nrtw.org/free-legal-aid
Westerly, RI Part-time Police Officers Challenge Retaliation, Termination for Exposing Scheme to Divert $5/Hour to Union
Two Federal Civil Rights lawsuits filed against the town and police union after officers were threatened for questioning why 13% of paycheck was being sent to union
Westerly, Rhode Island (July 28, 2015) – Five part-time police officers in Westerly, RI have 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.
Thomas Cimalore, Anthony Falcone, Scott Ferrigno, Darrell Koza, and Raymond Morrone, brought the suit and seek declaratory, injunctive, and monetary relief because a portion of every paycheck (at a rate of $5 an hour) is being confiscated by the town and paid directly to Local 503.
The lawsuit alleges that the plaintiffs’ First, Fifth, and Fourteenth Amendment rights (and other state labor and whistle blower protection statues) 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.
Westerly, RI Part-time Police Officers Challenge Retaliation, Termination for Exposing Scheme to Divert $5/Hour to Union
Two Federal Civil Rights lawsuits filed against the town and police union after officers were threatened for questioning why 13% of paycheck was being sent to union
Westerly, Rhode Island (July 28, 2015) – Five part-time police officers in Westerly, RI have 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.
Thomas Cimalore, Anthony Falcone, Scott Ferrigno, Darrell Koza, and Raymond Morrone, brought the suit and seek declaratory, injunctive, and monetary relief because a portion of every paycheck (at a rate of $5 an hour) is being confiscated by the town and paid directly to Local 503.
The lawsuit alleges that the plaintiffs’ First, Fifth, and Fourteenth Amendment rights (and other state labor and whistle blower protection statues) 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. After noticing the deductions, the officers brought them to the attention of the town’s payroll department. On July 29, 2014, some of the officers met with the Chief of Police, Edward St. Clair, to express their concerns about the unconstitutional and illegal clause in the agreement between the town and Local 503. The complaint alleges that when the officers told St. Clair they planned to publicly speak out, St. Clair admonished them, noting that as part-time officers they could easily be replaced.
In November 2014, the Town revised its “Detail Assignment System” which it uses to allocate all “private duty” assignments (all part-time officers only work private duty). 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.
“In an elaborate and blatantly unconstitutional scheme, union bosses and bureaucrats joined forces to confiscate 13% of every paycheck from hardworking part-time police officers,” said Mark Mix, President of the National Right to Work Foundation.
“These five individuals simply wanted to serve their community; instead they are forced to subsidize the special interests of union bosses who do not even represent them. The scheme itself is outrageous, but it is just as shameful that, when these officers asked questions about why their rights were being violated, they also found themselves subject to threats and retaliation,” continued Mix.
Michigan Hospital Employees Win Settlement After SEIU Union Bosses Blocked Workers from Exercising Right to Work
Union bosses ignored Michigan’s Right to Work law and continued to collect forced dues from seven Mercy Memorial Hospital workers
Monroe, Michigan (July 23, 2015) – Seven workers at Mercy Memorial Hospital in Monroe, MI have won a settlement from Service Employees International Union Local 79 (SEIU) in a case challenging SEIU officials’ failure to obey Michigan’s new Right to Work law and accept the workers’ revocation of a union dues checkoff scheme.
James McGregor, Anna Serra, Mary Sancrainte, Nancy Krueger, Janice Noel, Anna Hoffman, and Susan Harrison, with free legal aid from the National Right to Work Legal Defense Foundation, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against SEIU Local 79 in February of this year.
All seven workers had been members of the union. In late November 2014, the monopoly bargaining agreement between Local 79 and Mercy Memorial Hospital expired. In the weeks just before and after the contract expired, all seven workers resigned union membership and attempted to exercise their new workplace rights under Michigan’s Right to Work law to refrain from paying Local 79 any fees as nonmembers.
Michigan Hospital Employees Win Settlement After SEIU Union Bosses Blocked Workers from Exercising Right to Work
Union bosses ignored Michigan’s Right to Work law and continued to collect forced dues from seven Mercy Memorial Hospital workers
Monroe, Michigan (July 23, 2015) – Seven workers at Mercy Memorial Hospital in Monroe, MI have won a settlement from Service Employees International Union Local 79 (SEIU) in a case challenging SEIU officials’ failure to obey Michigan’s new Right to Work law and accept the workers’ revocation of a union dues checkoff scheme.
James McGregor, Anna Serra, Mary Sancrainte, Nancy Krueger, Janice Noel, Anna Hoffman, and Susan Harrison, with free legal aid from the National Right to Work Legal Defense Foundation, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against SEIU Local 79 in February of this year.
All seven workers had been members of the union. In late November 2014, the monopoly bargaining agreement between Local 79 and Mercy Memorial Hospital expired. In the weeks just before and after the contract expired, all seven workers resigned union membership and attempted to exercise their new workplace rights under Michigan’s Right to Work law to refrain from paying Local 79 any fees as nonmembers.
After a delay, on January 27, 2015, SEIU Local 79 officials accepted the seven workers’ resignations, but rejected the dues checkoff revocations of five of them, continuing to have union dues automatically deducted from their paychecks. Union officials claimed that the method — fax not registered mail — by which the five submitted their dues revocations did not satisfy a bureaucratic requirement imposed by the union.
Thus, these five workers were denied their right to refrain from paying fees to a union, a violation of Michigan’s Right to Work law. Moreover, for one worker, Krueger, the harassment by union officials was even worse. Upon Krueger’s resignation from the union and submission of her dues revocation, union officials produced what appeared to be a forged dues checkoff authorization form which they claimed Krueger had signed in 2013. However, Krueger did not sign any such form in 2013, and the signature appearing on the form is not hers.
Now the workers have prevailed. The settlement recognizes all seven workers as nonmembers, accepts their dues checkoff revocations, and requires Local 79 to reimburse the workers for various amounts of dues deducted after they resigned and revoked.
“Here is a clear demonstration that even with Right to Work protections, workers are never free from harassment and intimidation by union bosses,” said Mark Mix, President of the National Right to Work Foundation. “Passing Right to Work laws is only the first step in protecting the workplace rights of all workers. Without stringent enforcement of Right to Work laws, union bosses will create illegal hurdles or outright ignore workers’ attempts to cut off all dues and fees, as is their right in the 25 states with Right to Work protections.”
Connecticut State Employees Win Settlement Protecting their Right to Refrain from Paying for Union Politics
Hartford, CT (July 17, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, eight state employees have reached a class-wide settlement with several state officials and the Connecticut State Employee Association (CSEA)/SEIU Local 2001 union that protects their right to opt out of paying dues for union politics. The agreement covers 215 state workers and ensures that employees who resigned from the union and objected to paying dues for union politics but did not have their objections honored will receive refunds pursuant to the terms of the agreement.
In Connecticut and other states without Right to Work laws, employees can be forced to pay union dues or fees to keep their jobs. However, the Foundation-won Supreme Court precedent Chicago Teachers Union v. Hudson established that nonunion civil servants 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.
Teacher Union Lawyers Threaten Sanctions in Legal Challenge to Contract that Sold Out Teachers for 10 Years of Forced Union Dues
National Right to Work Foundation staff attorney attacked for brief calling out contract to circumvent Right to Work protections for teachers in exchange for pay cuts
Taylor, Michigan (July 15, 2015) – Staff attorneys at the National Right to Work Legal Defense Foundation have responded to a motion for sanctions filed for the American Federation of Teachers Local 1085 union.
The motion for sanctions was filed after the National Right to Work Foundation filed an amicus curiae brief in a case involving Local 1085 in which union bosses have been found to have unlawfully rushed into a 10 year forced-dues “union security” contract with Taylor School District after they offered major concessions, including a 10% pay cut for teachers, in a separate monopoly bargaining agreement.
In December 2012, Michigan workers gained new workplace rights when Michigan passed a Right to Work law. Fearing the loss of their forced-dues funded power, Local 1085 union officials entered into a standalone 10 year compulsory unionism agreement and a separate monopoly bargaining agreement in January 2013, hoping that the forced-dues contract would fall under the “grandfather clause” of Michigan’s Right to Work law, which did not take effect until March 2013.
Golf Channel Workers Cleared for Vote on Removing Union Despite Union Boss Attempts to Block Election
IATSE union officials unsuccessfully attempted to use bureaucratic hurdles to have NLRB toss out worker’s petition to remove the union as monopoly bargaining representative
Atlanta, GA (July 8, 2015) – Workers at the Golf Channel will get to vote on whether or not to remove the International Alliance of Theatrical Stage Employees (IATSE) union as the monopoly bargaining representative for technicians who produce golf tournaments and other programming for the channel, which is part of NBCUniversal and Comcast (NASDAQ:CMCSA). With free legal aid from the National Right to Work Foundation, Golf Channel employee John Gallagher filed a petition requesting a decertification election with the National Labor Relations Board’s (NLRB) regional office in Atlanta, and the petition was granted on July 6 after a two day hearing demanded by union officials.
Gallagher collected the necessary number of signatures from his fellow employees, and filed the petition on June 12th. IATSE union bosses responded by demanding a hearing to try to block the vote from taking place, and asked the NLRB to dismiss the petition on technical procedural grounds. According to the union claims, Gallagher’s petition was tainted because he failed to submit a “Statement of Position form” and a “statement of procedures form” as required by the NLRB’s new convoluted “ambush” election rules that took effect in mid-April.
However, the NLRB Regional Director sided with Gallagher, and agreed that it was a technical oversight, because the union suffered no harm when it did not receive the two forms from Gallagher, but it did receive them from the Region. Thus, Gallagher’s petition was deemed valid.
NRTW Foundation Attorneys Respond to Union Attempt to Silence Pro-Right to Work Employees
On May 12, National Right to Work Foundation staff attorneys and the Wisconsin Institute for Law and Liberty filed an amicus curiae ("friend of the court") brief defending Wisconsin’s recently-enacted Right to Work law on behalf or four Wisconsin workers. The brief was filed in response to an International Association of Machinists (IAM) union lawsuit challenging the Badger State’s recent labor reforms in Dane County Circuit Court.
However, IAM union lawyers are now asking the court not to accept the brief. Responding to this union attempt to silence the viewpoints of pro-Right to Work employees, National Right to Work Foundation staff attorneys and the Wisconsin Institute for Law and Liberty have now filed another brief with the Court, this time rebutting the IAM’s attempt to keep the four Wisconsin workers from defending their Right to Work law.
School Bus Driver Files Federal Labor Charges Against Teamsters Union That Had Him Fired For Not Paying Union Dues
