6 Feb 2015

SEIU Faces Federal Prosecution for Violating Local Security Guards’ Rights

Posted in News Releases

San Francisco, CA (February 6, 2015) – The San Francisco-based Service Employees International Union (SEIU) Local 24/7 is facing a federal prosecution for violating local security guards’ rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Universal Protection Service security guard Daniel Ozabuki filed an unfair labor practice charge for himself and seven other guards against the union alleging a litany of rights abuses.

The guards are all employed by Universal Protection Service, which has been party to a monopoly bargaining agreement with Local 24/7 since the company took over for the previous security contractor, Guard Maintenance Services Corporation. Guard Maintenance Services also had a monopoly bargaining agreement with the union.

Because California lacks a Right to Work law making union membership and dues payments strictly voluntary, workers can be forced to pay union dues and fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, workers who refrain from union membership can also refrain from paying for union politics and members-only events.

Ozabuki and at least four other security guards have refrained from union membership for several years. In February 2012, some of the then-Guard Maintenance Services workers reached a settlement with SEIU officials regarding an earlier round of charges. The settlement required that union officials allow nonmember workers to opt out of paying for union activities unrelated to workplace bargaining.

However, since SEIU officials entered into a contract with Universal Protection, union officials have again forced the workers into full dues payments despite the workers’ repeated attempts to refrain.

Three additional workers have detailed how SEIU officials kept them in the dark about their right to refrain from formal union membership and full dues payments.

The NLRB now has found merit to the workers’ charges and issued a complaint against the SEIU officials.

“SEIU bosses are resorting to deception to force workers into full dues paying union ranks,” said Patrick Semmens, vice president of the National Right to Work Foundation. “The best solution to break the SEIU bosses’ pattern of rights abuses is for California to enact a Right to Work law making union membership and dues payment strictly voluntary.”

4 Feb 2015

UPS Seasonal Worker Receives $0 Paycheck After Company Illegally Seizes Dues for Teamster Union

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News Release

UPS Seasonal Worker Receives $0 Paycheck After Company Illegally Seizes Dues for Teamster Union

Worker files federal charge to challenge illegal union dues payment

Stockton, CA (February 4, 2015) – A former seasonal United Parcel Service (UPS) employee has filed a federal charge against the company after it illegally confiscated Teamster union dues from his salary, leaving him with a paycheck of $0.

With free legal assistance from National Right to Work Foundation staff attorneys, Santiago Olmos filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

Shortly after Olmos was hired as a seasonal employee for the Christmas delivery rush, he attended UPS training on December 8, 2014. At the meeting, a UPS manager told all of the employees in attendance that they were required to join the Teamster Local 439 union and pay union dues.

Click here to read the full release.

4 Feb 2015

UPS Seasonal Worker Receives $0 Paycheck After Company Illegally Seizes Dues for Teamster Union

Posted in News Releases

Stockton, CA (February 4, 2015) – A former seasonal United Parcel Service (UPS) employee has filed a federal charge against the company after it illegally confiscated Teamster union dues from his salary, leaving him with a paycheck of $0.

With free legal assistance from National Right to Work Foundation staff attorneys, Santiago Olmos filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

Shortly after Olmos was hired as a seasonal employee for the Christmas delivery rush, he attended UPS training on December 8, 2014. At the meeting, a UPS manager told all of the employees in attendance that they were required to join the Teamster Local 439 union and pay union dues.

Under federal labor law, workers have the right to refrain from formal union membership and full union dues payments. Because California does not have Right to Work protections for workers, nonmember workers can be forced to pay a part of union dues and fees or be fired from their job.

However, under federal labor law, a worker may only be compelled to pay union dues or fees after 30 days of actual employment, a so-called “grace period.” Moreover, union dues and fees may only be deducted from wages after a worker has filled out a union dues deduction authorization – a form union officials use to authorize employers to automatically withhold union dues from employee paychecks.

Olmos only worked for UPS from December 8 to December 24, did not join the union, and did not sign a dues deduction authorization. UPS nonetheless deducted full union dues from his wages. As a result, Olmos’ first paycheck was for $0.

“UPS forced this worker to work effectively for free just before the Christmas holiday,” said Mark Mix, president of National Right to Work. “This case demonstrates that California desperately needs a Right to Work law, which would make union affiliation and dues payments completely voluntary.”

“Only then will California’s workers truly get to work to be paid and not have to pay in order to work,” added Mix.

Twenty-four states have Right to Work protections for employees. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

3 Feb 2015

Workers to Have Fourth Vote on Whether to Remove Union after Ballot Box Stuffing Taints Third Vote

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News Release

Workers to Have Fourth Vote on Whether to Remove Union after Ballot Box Stuffing Taints Third Vote

Case underscores workers’ difficulty in removing unwanted unions from their workplaces as workers take fourth vote in response to blatant irregularities in third election

Hamilton, AL (February 3, 2015) – Workers in a local parts manufacturing plant are voting a fourth time in a federally-supervised union election after union officials skirted being kicked out of the workplace in a recent election tainted by ballot stuffing and mishandling of ballots.

The National Labor Relations Board (NLRB) will conduct the fourth election after NTN-Bower Corporation employee Ginger Estes, who is receiving free legal assistance from National Right to Work Foundation staff attorneys, filed objections to the tainted third election.

United Auto Workers (UAW) union officials currently hold monopoly bargaining power over 140 NTN-Bower manufacturing workers. Ginger Estes and other employees at the plant requested an election with the NLRB in 2013 to determine whether to remove the UAW union from their workplace.

Click here to read the full release.

3 Feb 2015

Workers to Have Fourth Vote on Whether to Remove Union after Ballot Box Stuffing Taints Third Vote

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Hamilton, AL (February 3, 2015) – Workers in a local parts manufacturing plant are voting a fourth time in a federally-supervised union election after union officials skirted being kicked out of the workplace in a recent election tainted by ballot stuffing and mishandling of ballots.

The National Labor Relations Board (NLRB) will conduct the fourth election after NTN-Bower Corporation employee Ginger Estes, who is receiving free legal assistance from National Right to Work Foundation staff attorneys, filed objections to the tainted third election.

United Auto Workers (UAW) union officials currently hold monopoly bargaining power over 140 NTN-Bower manufacturing workers. Ginger Estes and other employees at the plant requested an election with the NLRB in 2013 to determine whether to remove the UAW union from their workplace.

After workers cast ballots in the first election, union and company officials agreed to set aside that election and allow the workers to vote in a second election. In the second election, workers voted to remove the union by a margin of two votes. Union officials challenged the results of that election, and a 2-1 panel of the Obama Labor Board voted to invalidate the results and schedule a third election.

On January 16, 2015, workers voted a third time to determine whether to remove the UAW union from their workplace. Even though 139 workers voted in the third election out of the 140 eligible, 148 ballots were cast. UAW union officials skirted being kicked out of the workplace by a small margin.

After Estes formally challenged the results of the tainted third election, the NLRB and all parties agreed to hold a fourth election.

“This is a good example of a rigged election characterized by obvious ballot box stuffing and mishandling of ballots,” said Mark Mix, president of National Right to Work. “This case underscores the difficulty workers often experience when trying to remove unwanted unions from their workplaces.”

2 Feb 2015

Kroger Workers Win Hundreds in Federal Settlement After Grocery Union Bosses Ignore Right to Work Protections

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News Release

Kroger Workers Win Hundreds in Federal Settlement After Grocery Union Bosses Ignore Right to Work Protections

UFCW bosses stonewalled Fort Wayne grocery workers’ attempts to cut off forced dues confiscations

Fort Wayne, IN (February 2, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, two Fort Wayne Kroger workers have won a settlement after filing federal charges against a local union for ignoring their right to refrain from paying union dues.

In September 2014, Eleanor Haynes and Barbara Peter filed the unfair labor practice charges with the National Labor Relations Board (NLRB) against the United Food & Commercial Workers (UFCW) International Union Local 700.

Click here to read the full release.

2 Feb 2015

Kroger Workers Win Hundreds in Federal Settlement After Grocery Union Bosses Ignore Right to Work Protections

Posted in News Releases

Fort Wayne, IN (February 2, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, two Fort Wayne Kroger workers have won a settlement after filing federal charges against a local union for ignoring their right to refrain from paying union dues.

In September 2014, Eleanor Haynes and Barbara Peter filed the unfair labor practice charges with the National Labor Relations Board (NLRB) against the United Food & Commercial Workers (UFCW) International Union Local 700.

Haynes and Peter resigned from the union and revoked their dues deduction authorizations – a document used by union officials to automatically collect dues from workers’ paychecks – effective with the expiration of the union’s contract with their employer. Under federal labor law, workers can unconditionally revoke their dues deduction authorizations when a contract between the union and their employer terminates. Under Indiana’s popular Right to Work law, no worker can be required to join or pay any money to a union.

Despite the workers’ efforts to exercise their rights, UFCW Local 700 union officials continued to confiscate union dues payments from their paychecks.

Per the terms of the settlement, Kroger and Local 700 union officials will refund Haynes $197.21 and union officials will refund Peter $169.73 in illegally-seized union dues, plus interest. The union hierarchy must also post a notice in the workplace informing other workers of their right to refrain from dues-paying union membership.

“These two Kroger workers followed all necessary procedures to exercise their legally-protected right to resign their union membership and cut off union dues to no avail,” said Mark Mix, President of the National Right to Work Foundation. “Local 700 union officials relented and acknowledged these workers’ rights only after the workers filed federal charges.”

“This case underscores just how important Indiana’s Right to Work law is for workers who want nothing to do with scofflaw union bosses,” added Mix.

Twenty-four states have Right to Work protections for private-sector workers. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

29 Jan 2015

Kaiser Permanente Nurse Files Federal Charge Against Union for Violating Disclosure Guidelines

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News Release

Kaiser Permanente Nurse Files Federal Charge Against Union for Violating Disclosure Guidelines

Case underscores need for Right to Work protections to make union membership and dues payment strictly voluntary

Sacramento, CA (January 29, 2015) – A local Kaiser Permanente nurse has filed a federal charge against the California Nurses Association (CNA) union for violating her rights and failing to follow federal disclosure requirements.

With free legal assistance from the National Right to Work Foundation, Kaiser Permanente South Sacramento nurse Elizabeth Wilber filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

On November 16, 2014, Wilber sent a letter resigning her union membership in the CNA union. Her letter also objected to paying full dues.

Click here to read the full release.

29 Jan 2015

Kaiser Permanente Nurse Files Federal Charge Against Union for Violating Disclosure Guidelines

Posted in News Releases

Sacramento, CA (January 29, 2015) – A local Kaiser Permanente nurse has filed a federal charge against the California Nurses Association (CNA) union for violating her rights and failing to follow federal disclosure requirements.

With free legal assistance from the National Right to Work Foundation, Kaiser Permanente South Sacramento nurse Elizabeth Wilber filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

On November 16, 2014, Wilber sent a letter resigning her union membership in the CNA union. Her letter also objected to paying full dues.

Under federal labor law, workers have the right to refrain from formal union membership. However, because California does not have Right to Work protections for workers, nonmember workers can be forced to pay a part of union dues and fees or be fired from their job.

As a result of the Foundation’s U.S. Supreme Court victory in Communications Workers v. Beck, employees can refrain from paying for politics and many other union activities. Union officials must also provide workers with an independently-audited financial breakdown of all forced-dues union expenditures and the opportunity to challenge the amount of forced union fees before an impartial decision maker.

Despite Wilber’s union resignation, the CNA union hierarchy has refused to follow the federal disclosure requirements outlined under Beck and its progeny.

“CNA union bosses are keeping this nurse in the dark about their forced-dues expenditures by skirting federal disclosure guidelines,” said Mark Mix, President of the National Right to Work Foundation. “This case demonstrates that California desperately needs a Right to Work law, which would make union affiliation and dues payments completely voluntary.”

Twenty-four states have Right to Work protections for employees. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

29 Jan 2015

National Workplace Advocacy Group to Charter School Employees: “You Have Rights”

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News Release

National Workplace Advocacy Group to Charter School Employees: “You Have Rights”

Union bosses fail to block charter school education, now seek to make charter schools part of forced unionism empire

Washington, DC (January 29, 2015) – Mark Mix, president of the National Right to Work Foundation, has issued the following statement in recognition of National School Choice Week 2015:

“For many years, union officials orchestrated a prolonged campaign to delegitimize and do away with school choice and charter schools. Despite that opposition, charter schools have enjoyed steady growth both in popularity and in practice.

“As such, union officials have decided that if they can’t stop the growth of charter schools, then they might as well try to force charter school employees under a union monopoly. Of course this could prove disastrous for charter school teachers and students nationwide.

“The unionization of charter schools jumped 444 percent in the last decade, 2001-10, compared 1992-2000, and is increasing rapidly. But all charter school employees are entitled to certain constitutional and statutory rights. And unfortunately, these rights are not automatically provided.

“To enjoy many of the benefits of these protected rights, an employee may first have to assert his or her entitlement to them. Unfortunately, union officials often keep workers in the dark about their rights.

Click here to read the full release.