SEIU Officials Face Charge for Violating County Pharmacist’s Rights

Case shows desperate need for California Right to Work law to make union membership and dues strictly voluntary

San Jose, CA (June 18, 2014) – With free legal assistance from National Right to Work Foundation-provided staff attorneys, a Santa Clara Valley Medical Center pharmacist has filed a state charge against a local union for illegally refusing to honor her right to refrain from full dues-paying union membership.

Han Kwan Wong, a pharmacist from San Jose, filed the charge with the California Public Employment Relations Board (PERB) against Service Employees International Union (SEIU) Local 521 for illegally forcing her into full union dues payments against her will.

In December 2013, Wong attempted to hand deliver a letter to SEIU Local 521 notifying the union hierarchy that she was exercising her right to refrain from formal union membership. An SEIU official refused to accept Wong’s letter.

Wong then sent a certified letter to the union hierarchy. SEIU Local 521 union officials responded by acknowledging Wong’s resignation letter but still continue to extract full union dues from her paychecks – claiming the union membership resignation did not meet the union’s criteria.

Click here to read the full release.

San Jose, CA (June 18, 2014) – With free legal assistance from National Right to Work Foundation-provided staff attorneys, a Santa Clara Valley Medical Center pharmacist has filed a state charge against a local union for illegally refusing to honor her right to refrain from full dues-paying union membership.

Han Kwan Wong, a pharmacist from San Jose, filed the charge with the California Public Employment Relations Board (PERB) against Service Employees International Union (SEIU) Local 521 for illegally forcing her into full union dues payments against her will.

In December 2013, Wong attempted to hand deliver a letter to SEIU Local 521 notifying the union hierarchy that she was exercising her right to refrain from formal union membership. An SEIU official refused to accept Wong’s letter.

Wong then sent a certified letter to the union hierarchy. SEIU Local 521 union officials responded by acknowledging Wong’s resignation letter but still continue to extract full union dues from her paychecks – claiming the union membership resignation did not meet the union’s criteria.

Under California state law and federal case law, workers have the unconditional 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.

Wong’s charge seeks an acknowledgment from the union that she is no longer a union member, an independently-audited breakdown of union expenditures, a refund of illegally-seized forced union dues from her paychecks dating back to December, and the posting of notices in the workplace informing workers of their right to refrain from union membership.

“SEIU bosses are illegally forcing workers to jump through hoops to exercise their right to refrain from full dues-paying union membership,” said Mark Mix, president of the National Right to Work Foundation. “To prevent these types of forced unionism abuses in the future, California desperately needs to pass a Right to Work law making union affiliation and dues payments completely voluntary.”

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

Bus Driver Union Fails to Block Workers’ Overwhelming Request for Election to Remove Union

102 of the 105 workers requested secret-ballot election to determine whether to remove the union from their workplace

Monroeville, PA (June 13, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, Gateway School District bus drivers have won the right to a secret-ballot vote to determine whether if they want to remove the union from their workplace.

The bus drivers will finally have a chance to vote on June 27, 2014, after driver Robert Williams and his coworkers petitioned the National Labor Relations Board (NLRB) for the secret-ballot election four times.

In July of last year, Student Transportation of America, Inc. took over bus services at the Gateway School District. Student Transportation of America then recognized Amalgamated Transit Union (ATU) Local 1729 union officials as the drivers’ monopoly bargaining representative after a majority of their workforce was hired from the previous, unionized student transportation contractor.

After eight months of failed negotiations, 102 of the roughly 105 bus drivers signed the fourth petition they filed with the NLRB asking for a secret-ballot election to determine whether or not to keep the union bosses as their exclusive representative.

Click here to read the full release.

Monroeville, PA (June 13, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, Gateway School District bus drivers have won the right to a secret-ballot vote to determine whether if they want to remove the union from their workplace.

The bus drivers will finally have a chance to vote on June 27, 2014, after driver Robert Williams and his coworkers petitioned the National Labor Relations Board (NLRB) for the secret-ballot election four times.

In July of last year, Student Transportation of America, Inc. took over bus services at the Gateway School District. Student Transportation of America then recognized Amalgamated Transit Union (ATU) Local 1729 union officials as the drivers’ monopoly bargaining representative after a majority of their workforce was hired from the previous, unionized student transportation contractor.

After eight months of failed negotiations, 102 of the roughly 105 bus drivers signed the fourth petition they filed with the NLRB asking for a secret-ballot election to determine whether or not to keep the union bosses as their exclusive representative. ATU union officials moved to block the workers’ petition, arguing that not enough time had passed for the workers to request an election. On May 8, an evidentiary hearing was held in Pittsburgh, at which Williams was represented by Foundation attorneys.

Late last week, the NLRB Regional Director ruled in favor of the workers’ request for the election, which has been scheduled for June 27.

“Transit Union bosses repeatedly blocked these bus drivers’ attempts for a secret-ballot election to determine their union representation, even though nearly every single one of them expressed their desire for one,” said Mark Mix, president of the National Right to Work Foundation. “This case underscores the need for Pennsylvania to become a Right to Work state making union affiliation and dues payments completely voluntary.”

Twenty-four states have Right to Work protections for workers. Recent public polling shows that nearly 80 percent of Americans support the Right to Work principle of voluntary unionism.

Kenosha, WI (June 9, 2014) – A lawsuit filed by current and former Kenosha public school teachers has prompted the Kenosha Unified School District and School Board to declare their collective bargaining agreements with several unions null and void. The recently agreed-upon settlement also requires the District and Board to refrain from forcing nonunion teachers and other staff to pay union dues or fees as a condition of employment.

The lawsuit was filed for one current and one former teacher with free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law and Liberty. The lawsuit challenged several bargaining agreements between the District and the Kenosha Education Association union, the SEIU Local 168 union, and the AFSCME Local 2383 union. Those agreements required teachers and other District staff to pay union dues or fees to keep their jobs.

Under Wisconsin’s 2011 Act 10 labor reforms, most public sector employees cannot be forced to join or pay dues to a union as a condition of employment or accept unwanted union representation for matters other than base wages. In November 2013, however, the Kenosha School Board approved bargaining agreements with the unions covering numerous subjects Act 10 prohibits, including a provision that allowed union officials to collect dues from all District employees, including nonmembers.

On November 21, 2013, the teachers filed a lawsuit challenging those bargaining agreements in Kenosha Circuit Court with the help of Foundation and WILL attorneys.

“We’re happy to report that a settlement has been reached with the District and Board that requires them to respect the rights of teachers who wish to refrain from joining or financially supporting a union,” said Patrick Semmens, Vice President of the Foundation. “This agreement reaffirms the principle that no public school employee should be forced to pay union dues to get or keep a job.”

“Unfortunately, Wisconsin private sector and public safety employees still do not enjoy the same workplace rights as those covered by Act 10,” continued Semmens. “Wisconsin should build on the success of Act 10 by passing a full Right to Work law, which would ensure that no employee can be forced to pay union dues to get or keep a job.”

Local Union Hit with Federal Charges for Blacklisting Construction Worker

Union officials discriminatorily obstruct worker from getting work based on lack of union membership

Evansville, IN (June 5, 2014) – An Industrial Contractors Skanska construction worker has filed federal charges against a local union and his employer for discriminating against him based on his lack of union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Michael Feist, a 15-year construction worker, filed the federal charges late last week with the National Labor Relations Board (NLRB).

In early April 2014, Feist was expelled from the Laborers’ International Union of North America (LIUNA) Local 561 after Feist challenged the amount of dues going toward a union fund. Since then, LIUNA Local 561 union officials have refused Feist’s attempts to remain current on his union dues payments.

LIUNA Local 561 union bosses instructed Skanska in April to exclude him from further work opportunities.

Click here to read the full release.

Evansville, IN (June 5, 2014) – An Industrial Contractors Skanska construction worker has filed federal charges against a local union and his employer for discriminating against him based on his lack of union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Michael Feist, a 15-year construction worker, filed the federal charges late last week with the National Labor Relations Board (NLRB).

In early April 2014, Feist was expelled from the Laborers’ International Union of North America (LIUNA) Local 561 after Feist challenged the amount of dues going toward a union fund. Since then, LIUNA Local 561 union officials have refused Feist’s attempts to remain current on his union dues payments.

LIUNA Local 561 union bosses instructed Skanska in April to exclude him from further work opportunities. Skanska management has complied with the union’s illegal request and Fiest has been denied work since. Under federal law, workers cannot be discriminated against based on their lack of union membership.

“It is unconscionable that LIUNA bosses are actively obstructing a worker from obtaining work and providing for his family,” stated Mark Mix, President of the National Right to Work Foundation. “If LIUNA bosses have a problem with treating workers fairly, then they should not claim exclusive representation over those workers.”

Michigan Civil Servant Files Motion to Defend Michigan’s Public-Sector Right to Work Law at Supreme Court

Union officials fight law that prevents them from forcing workers to pay union dues

Lansing, MI (June 5, 2014) – A Michigan civil servant has filed a motion to file a brief at the state’s Supreme Court defending Michigan’s recently-enacted public-sector Right to Work law and arguing that it applies to the state’s civil servants.

Michigan Department of Natural Resources Inventory and Planning Specialist Thomas Haxby, of Kingsley, filed the motion with free legal assistance from National Right to Work Foundation staff attorneys.

The case, brought by several union hierarchies, is a challenge to Michigan’s Right to Work law and whether is applies to the state’s civil servants.

Click here to read the full release.

Lansing, MI (June 5, 2014) – A Michigan civil servant has filed a motion to file a brief at the state’s Supreme Court defending Michigan’s recently-enacted public-sector Right to Work law and arguing that it applies to the state’s civil servants.

Michigan Department of Natural Resources Inventory and Planning Specialist Thomas Haxby, of Kingsley, filed the motion with free legal assistance from National Right to Work Foundation staff attorneys.

The case, brought by several union hierarchies, is a challenge to Michigan’s Right to Work law and whether is applies to the state’s civil servants.

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 refrained from union dues payments. Haxby intends to file a brief that argues that Michigan’s recently-enacted public-sector Right to Work law applies to the state’s civil servants, just as the state’s Political Freedom Act does, and that the Civil Service Commission lacks the authority to force civil servants into forced union dues payments.

“After suffering electoral and legislative defeats, Michigan union bosses are trying to use the courts to do their bidding,” said Mark Mix, President of the National Right to Work Foundation. “Michigan’s civil servants have the same rights all Michigan workers enjoy.”

Foundation staff attorneys are currently representing 17 employees defending or enforcing Michigan’s Right to Work laws in cases before the Michigan Employee Relations Commission and federal court.

Washington, DC (June 3, 2014) –National Right to Work Foundation staff attorneys have just asked the D.C. Circuit Court of Appeals to overturn a National Labor Relations Board (NLRB) decision that prevents Latino Express employees in Lyons, Illinois from ejecting an unwanted union.

In the spring of 2012, fifty-four of the eight-four Latino Express employees in Lyons signed a decertification petition to remove the Teamsters Local 777 union. Latino Express withdrew recognition of the union, but Teamster operatives filed unfair labor practice charges against the company to block workers’ attempt to get rid of them.

With the help of Foundation staff attorneys, 32 Latino Express employees subsequently moved to intervene in the hearing on the union’s unfair labor practice charges to defend their decision to get rid of the unwanted union. Unfortunately, an Administrative Law Judge denied the workers’ motion.

Even though a clear majority of employees were dissatisfied with the union, the Administrative Law Judge subsequently reinstalled the Teamsters Local 777 union as the monopoly bargaining agent for Latino Express employees. Right to Work staff attorneys appealed that decision to the National Labor Relations Board, but the Board rejected the employees’ arguments.

Consequently, union officials are empowered to negotiate terms and conditions of employment for Latino Express workers, even those who oppose the union’s presence.

Foundation attorneys are now appealing the NLRB’s ruling to the U.S. Court of Appeals for the D.C. Circuit. They contend that the Board should respect the wishes of a majority of Latino Express employees and not punish workers for any alleged wrongdoing committed by their employer.

“Latino Express employees have repeatedly expressed their desire to get rid of an unwanted Teamsters union,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “So far, the NLRB has ignored their wishes in favor of protecting union bosses’ monopoly bargaining privileges.”

“We hope this appeal will uphold the right of employees to rid themselves of an unwanted union,” continued Semmens.