Washington, D.C. (November 25, 2013) – A former Warwick, Rhode Island nurse has filed a brief with the U.S. Supreme Court in the high-profile legal battle over President Barack Obama’s recent purported recess appointments to the National Labor Relations Board (NLRB).

Jeanette Geary filed the amicus brief today with free legal assistance from National Right to Work Foundation staff attorneys.

Foundation staff attorneys argue in the brief that the recess appointments are unconstitutional because the U.S. Senate was still in session per the body’s rules. Therefore the President could not make the appointments to the NLRB without Senate confirmation.

If Foundation attorneys’ argument that the Obama’s NLRB appointments are unconstitutional prevails at the High Court, then the Board had only two valid members and lacked the quorum it needed from April 2011 to August 2013 to enact rules or enforce federal labor law. The case is on appeal after the U.S. Court of Appeals for the District of Columbia Circuit held that President Obama’s recess appointments were unconstitutional.

The brief makes the point that modern technology has reduced the need for recess appointments, which originally were intended for when a vacancy arose while Congress was unavailable for extended periods of time. Modern communications technology and air travel have made it so that Congress can consider a President’s nominees at almost any time, regardless of the Senators’ geographic dispersal.

Geary’s case began when she filed a federal unfair labor practice charge against a local nursing union for illegally forcing her and other employees to pay for the union’s lobbying or lose their jobs. In 2012, President Obama’s NLRB negated U.S. Supreme Court precedent and granted union bosses power to charge nonmember workers for union political lobbying, including political lobbying in other states.

In an effort to shut down these illegal NLRB appointees, Foundation attorneys filed a petition for a writ of mandamus asking the D.C. appeals court to bar the NLRB from further action in the case. That petition later became moot when the Senate confirmed a full Board.

“Jeanette Geary’s case is just the latest example of how independent-minded workers have received unjust treatment at the hands of Obama’s illegal, pro-Big Labor NLRB,” said Mark Mix, President of the National Right to Work Foundation. “We hope the U.S. Supreme Court will overturn the President’s illegal actions and restore the proper balance of power as prescribed in the U.S. Constitution.”

The U.S. Supreme Court will hear oral argument in the NLRB recess appointment case on Monday, January 13, 2014.

Wisconsin Supreme Court Ruling Allows Union Recertification Elections

Teachers seek union recertification elections guaranteed under law

Madison, WI (November 22, 2013) – Last night, the Wisconsin Supreme Court issued a ruling that allows teachers across the state to vote to determine whether union officials can continue to claim to represent those teachers in their respective workplaces.

The ruling strikes down a Dane County Circuit Court judge’s order that prohibited the Wisconsin Employment Relations Commission (WERC) from conducting secret-ballot recertification elections that are guaranteed under Wisconsin Act 10.

Click here to read the full release.

Madison, WI (November 22, 2013) – Last night, the Wisconsin Supreme Court issued a ruling that allows teachers across the state to vote to determine whether union officials can continue to claim to represent those teachers in their respective workplaces.

The ruling strikes down a Dane County Circuit Court judge’s order that prohibited the Wisconsin Employment Relations Commission (WERC) from conducting secret-ballot recertification elections that are guaranteed under Wisconsin Act 10.

With the help of attorneys from the National Right to Work Foundation and the Wisconsin Institute for Law and Liberty, five Wisconsin public school teachers filed amicus briefs urging the court’s ruling. All five teachers are employed in workplaces where they have been subject to a union monopoly bargaining agreement, which means all five have been forced to accept the union’s so-called “representation.” The teachers work in school districts in Waukesha, Milwaukee, La Crosse, Racine, and Elmbrook.

“Many independent-minded civil servants have no interest in associating with government sector unions and they deserve to have their voices heard,” said Mark Mix, President of the National Right to Work Foundation. “Act 10 protects those workers’ right to do so and now these civil servants will be allowed to participate in the elections that they were promised to express their interests regarding their union representation.

Wisconsin Act 10 prevents public sector union officials from collecting any money from nonmember workers, restricts union monopoly bargaining to the issue of employee wages, ends the use of taxpayer-funded payroll systems for the collection of union dues, and guarantees that public workers will vote on their union representation yearly.

Michigan Labor Board Files Complaint Against Teacher Union for Circumventing Right to Work Law

Teacher union officials stonewall worker’s attempt to resign from union membership and dues payments

Pinckney, MI (November 20, 2013) – The Michigan Employment Relations Commission (MERC) in Detroit has issued a complaint against the Michigan Education Association (MEA) union for violating a local special needs classroom assistant’s rights under Michigan’s recently enacted public-sector Right to Work law.

The complaint stems from a state charge that Linda Evon of Pinckney filed with the MERC last month with free legal assistance from National Right to Work Foundation staff attorneys.

Click here to read the full release.

Pinckney, MI (November 20, 2013) – The Michigan Employment Relations Commission (MERC) in Detroit has issued a complaint against the Michigan Education Association (MEA) union for violating a local special needs classroom assistant’s rights under Michigan’s recently enacted public-sector Right to Work law.

The complaint stems from a state charge that Linda Evon of Pinckney filed with the MERC last month with free legal assistance from National Right to Work Foundation staff attorneys.

Evon, who works as a special needs classroom assistant for Pinckney Community Schools, informed the MEA union hierarchy on September 4, 2013, that she was exercising her right under Michigan’s Right to Work law to refrain from union membership and dues payments after the union’s monopoly bargaining agreement with her employer expired on June 30, 2013. Under Michigan’s Right to Work law, contracts entered into after the law went into effect must respect workers’ right to refrain from union membership and union dues payments.

Instead of complying with Evon’s request, MEA union officials told her that she would have to wait for a union-designated “window period” of August 1 through August 31, 2014, before she could resign union membership and refrain from union dues payments.

Evon points out in her charge that Michigan’s Right to Work law protects her unequivocal right to refrain from union membership at any time. Analogously, Supreme Court precedent under federal labor law also protects workers’ absolute right to refrain from union membership at any time without penalty.

“Across the state, union officials are trying to illegally keep workers from exercising their rights under Michigan’s Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “The way the MERC handles this case, and other similar Foundation cases, could very well set the precedent on how civil servants can exercise their rights under Michigan’s Right to Work law.”

In similar cases across Michigan, Foundation staff attorneys have assisted two other public-sector workers who filed charges with the MERC and an additional private-sector worker who filed a federal charge with the National Labor Relations Board. The MERC has issued a complaint against the Teamster union in one of those cases as well.

Springfield, VA (November 14, 2013) – The National Right to Work Legal Defense Foundation, a charitable organization that provides free legal assistance to employees nationwide, has launched a multimedia advertising campaign to inform Illinois public school teachers of their rights to refrain from union membership and the payment of full union dues.

“Employee rights have been in the news since the tumultuous but ultimately successful efforts to reform labor law in neighboring Michigan, Indiana, and Wisconsin,” said Mark Mix, President of the National Right to Work Foundation. “We’d like to capitalize on that momentum by informing Illinois educators of their rights to opt out of paying for union politics.”

Illinois is one of 26 states that lack Right to Work laws, which means employees – including public school teachers – can be forced to pay union dues or fees just to get or keep a job. However, under Supreme Court precedents won by National Right to Work Foundation attorneys, employees cannot be lawfully forced to pay for union activities unrelated to workplace bargaining, such as union political activism.

All employees also have the right to resign their union membership at any time.

“Unfortunately, many Illinois public school teachers are simply unaware of their rights to leave a union and stop paying for union politics,” continued Mix. “We hope to address that problem by educating as many teachers as possible about their workplace rights.”

Radio ads will direct Illinois educators to TeacherRefund.com, a website that provides legal information about teachers’ rights to resign from a union and opt out of dues for union politics.

“No teacher should be forced to pay for political causes he or she disagrees with, which is why these educational campaigns are so vital,” said Mix. “Our team of experienced staff attorneys is standing by to help Illinois public school teachers assert their workplace rights.”

Washington, DC (November 13, 2013) – Wednesday morning, National Right to Work Foundation staff attorneys will argue a case before the United States Supreme Court that could determine what kind of organizing assistance union officials can receive from a targeted company during coercive card check unionization schemes.

The case, Mulhall v. UNITE HERE, could determine whether union organizers can receive workers’ personal information and other valuable organizing tools in exchange for concessions at employees’ expense. Jamie Raskin, professor at American University law school, was quoted in the Washington Examiner as stating “This is by far the most important labor case in a generation.”

In 2004, UNITE HERE Local 355 and Mardi Gras Gaming entered into an agreement in which union officials promised to devote over one hundred thousand dollars to help pass a gambling ballot initiative and guaranteed not to picket, boycott, or strike against Mardi Gras facilities.

In return, Mardi Gras agreed to give union operatives workers’ personal contact information (including home addresses), grant them access to company facilities during a coercive ‘card check’ organizing campaign, refrain from informing workers about the impact of unionization, and refrain from requesting a federally-supervised secret ballot election to determine whether employees unionized.

Under the Labor Management Relations Act, employers are prohibited from handing over “any money or other thing of value” to union organizers, a provision that is supposed to prevent union officials from selling out workers’ rights in exchange for corporate support of unionization.

Mark Mix, president of the National Right to Work Foundation, issued the following statement:

“Instead of relying on the traditional shop-floor organizing methods, union officials are increasingly cutting backroom deals with company management that allows both sides to sell out the workers. Workers’ freedom of association and free choice should not be a bargaining chip. Over the years, National Right to Work Foundation staff attorneys have assisted many workers from across the country who were victims of card check instant organizing and neutrality agreements.

“We feel strongly that what happened in this case is a perfect example of the corrupt dealings that the Labor Management Relations Act was enacted to outlaw. We hope the Court will agree and decide that union officials’ top-down organizing campaigns targeting workers are designed to obtain ‘a thing of value’ and thus illegal under federal law.”

Five Wisconsin Teachers File Lawsuit Seeking Act 10 Enforcement

Teachers seek union recertification elections guaranteed under law

Waukesha, WI (October 30, 2013) – With the help of attorneys from the National Right to Work Foundation and the Wisconsin Institute for Law and Liberty, five Wisconsin public school teachers have filed a lawsuit in state court against the Wisconsin Employment Relations Commission (WERC).

In the lawsuit, the teachers seek the secret-ballot recertification elections, guaranteed under Wisconsin Act 10, which will allow teachers across the state to determine whether union officials can continue to claim to represent those teachers in their respective workplaces.

All five teachers are employed in workplaces where they are subject to a union monopoly bargaining agreement, which means all five have been forced to accept the union’s so-called “representation.” The teachers work in school districts in Waukesha, Milwaukee, La Crosse, Racine, and Elmbrook.

Click here to read the full release.

Waukesha, WI (October 30, 2013) – With the help of attorneys from the National Right to Work Foundation and the Wisconsin Institute for Law and Liberty, five Wisconsin public school teachers have filed a lawsuit in state court against the Wisconsin Employment Relations Commission (WERC).

In the lawsuit, the teachers seek the secret-ballot recertification elections, guaranteed under Wisconsin Act 10, which will allow teachers across the state to determine whether union officials can continue to claim to represent those teachers in their respective workplaces.

All five teachers are employed in workplaces where they are subject to a union monopoly bargaining agreement, which means all five have been forced to accept the union’s so-called “representation.” The teachers work in school districts in Waukesha, Milwaukee, La Crosse, Racine, and Elmbrook.

Wisconsin Act 10 prevents public sector union officials from collecting any money from nonmember workers, restricts union monopoly bargaining to the issue of employee wages, ends the use of taxpayer funded payroll systems for the collection of union dues, and guarantees that public workers will vote on their union representation yearly.

After a Dane County Circuit Court judge recently halted implementation of the law, WERC officials canceled the teachers’ recertification elections. The elections were originally scheduled to take place in November.

Alternatively, the teachers ask that if the court does not declare that WERC must hold the recertification elections, then the teachers should be granted their right to represent themselves individually regarding the terms and conditions of their employment.

“Many independent-minded civil servants have no interest in associating with government sector unions and they deserve to have their voices heard,” said Mark Mix, President of the National Right to Work Foundation. “Act 10 protects those workers’ right to do so and we hope these civil servants will be allowed to participate in the elections that they were promised to express their interests regarding their union representation.”