Machinist Union Hierarchy Faces Federal Prosecution in Wake of Last Summer’s Caterpillar Strike
Joliet, IL (July 3, 2013) – The National Labor Relations Board (NLRB) has issued a complaint against a local Machinist union for violating the rights of three Caterpillar (NYSE: CAT) workers in the wake of last summer’s union boss-instigated strike against the company.
The NLRB’s complaint stems from federal charges filed by three Caterpillar workers, with free legal aid from National Right to Work Foundation staff attorneys, against the International Association of Machinists (IAM) District Lodge 851 union for violating their rights and levying retaliatory strike fines against them.
On May 1, 2012, IAM District Lodge 851 union bosses ordered all of the over 800 Joliet Caterpillar workers on strike. Over a hundred workers worked despite the IAM union boss demands.
After the strike ended, IAM Local 851 union bosses levied fines that likely totaled over a million dollars against workers for continuing to work during the strike.
In response, 50 workers filed federal charges with free assistance from Foundation attorneys alleging that they were never truly voluntary union members and therefore were exempt from the union hierarchy’s constitution and bylaws and cannot be disciplined for continuing to work during a union boss-ordered strike.
Although many of those charges have since been withdrawn or settled, the NLRB has issued a complaint for two workers who allege that union officials gave them permission or told them it was acceptable to go back to work and a third worker who resigned union membership before returning to work.
“The NLRB will finally prosecute IAM union bosses now that their pattern of workers’ rights abuses has become clear,” said Mark Mix, President of the National Right to Work Foundation. “The ugly aftermath of the Caterpillar strike underscores the need for an Illinois Right to Work law.”
Twenty-four states have Right to Work protections for workers. Public polling shows that nearly 80 percent of Americans and union members support the principle of voluntary unionism.
Airline Workers’ Federal Class-Action Suit Seeks to Ground Union Boss Forced Dues Powers
Airline Workers’ Federal Class-Action Suit Seeks to Ground Union Boss Forced Dues Powers
Relying on landmark Knox Supreme Court decision, workers seek to roll back union boss power to collect forced dues
Dallas, TX (June 27, 2013) – Six airline workers have filed a federal class-action lawsuit that seeks to expand workers’ right to refrain from paying union dues in light of last year’s U.S. Supreme Court decision in Knox v. SEIU Local 1000.
Five American Eagle Airlines baggage handlers from Texas and a Southwest Airlines flight attendant from Maryland filed the lawsuit with free legal assistance from National Right to Work Foundation staff attorneys in the U.S. District Court for the Northern District of Texas in Dallas.
The workers all are not members of the Transport Workers Union of America (TWUA). However, the workers must still accept the TWUA hierarchy as their monopoly bargaining representative even though they are prohibited from voting on the union’s bargaining agreement or participating in union meetings. Additionally, federal labor law empowers union officials to extract union dues and fees from the workers as payment for their so-called “representation.” If the workers refused to pay union dues or fees, they would be terminated from their jobs.
Last year, the Supreme Court suggested in its Foundation-won Knox v. SEIU ruling that it was ready to reassess whether union bosses’ forced dues powers, which it called “something of an anomaly,” violate workers’ First Amendment rights. Responding to that suggestion, the workers’ lawsuit seeks to eliminate forced unionism in America.
NLRB Watch: Breakdown of Cases Invalidated By Noel Canning Decision
Foundation staff attorney, Ave Maria law professor, and former National Labor Relations Board (NLRB) Member John Raudabaugh has published his latest installment to the Foundation’s "NLRB Watch" blog feature.
In "NLRB Watch" #8, titled "What the Noel Canning Decision Means for NLRB Cases," Raudabaugh charts what cases may be subject to challenge in the wake of the U.S. Court of Appeals for the District of Columbia’s ruling last month invalidating President Barack Obama’s controversial purported "recess appointments" to the Board. The court held President Obama could not constitutionality make those appointments without U.S. Senate confirmation because the Senate was not in recess. National Right to Work Foundation staff attorneys filed an amicus curiae brief jointly with the Landmark Legal Foundation in the case.
As a result of the court’s ruling, since at least January 3, 2012, the Board has lacked a quorum as required by a U.S. Supreme Court precedent established in 2010, thus invalidating the Board’s rulings since that time. Click here to see a chart displaying the many cases invalidated by the court’s decision in Noel Canning.
Click here to read other posts located at the "NLRB Watch" page. And be sure to follow the National Right to Work Foundation on Facebook and Twitter to get alerts on new "NLRB Watch" posts!
Airline Workers’ Federal Class-Action Suit Seeks to Ground Union Boss Forced Dues Powers
Dallas, TX (June 27, 2013) – Six airline workers have filed a federal class-action lawsuit that seeks to expand workers’ right to refrain from paying union dues in light of last year’s U.S. Supreme Court decision in Knox v. SEIU Local 1000.
Five American Eagle Airlines baggage handlers from Texas and a Southwest Airlines flight attendant from Maryland filed the lawsuit with free legal assistance from National Right to Work Foundation staff attorneys in the U.S. District Court for the Northern District of Texas in Dallas.
The workers all are not members of the Transport Workers Union of America (TWUA). However, the workers must still accept the TWUA hierarchy as their monopoly bargaining representative even though they are prohibited from voting on the union’s bargaining agreement or participating in union meetings. Additionally, federal labor law empowers union officials to extract union dues and fees from the workers as payment for their so-called “representation.” If the workers refused to pay union dues or fees, they would be terminated from their jobs.
Last year, the Supreme Court suggested in its Foundation-won Knox v. SEIU ruling that it was ready to reassess whether union bosses’ forced dues powers, which it called “something of an anomaly,” violate workers’ First Amendment rights. Responding to that suggestion, the workers’ lawsuit seeks to eliminate forced unionism in America.
Alternatively, the airline workers seek to expand to all union forced fees allocated to politics and other non-bargaining activities Knox‘s ruling that a union may not exact special assessments or mid-year dues increases from nonmembers without their affirmative consent. Currently, nonmembers must pay full union dues – including the portion used for union politicking – unless they affirmatively object.
The workers are also challenging the TWUA union bosses’ burdensome requirements that workers must annually opt out of paying full union dues. The suit also attacks the TWUA union’s rebate scheme, under which full dues are taken from the paychecks of nonmember workers who pay the forced union fees by payroll deduction, giving the union officials a forced loan for up to four months that can be used for political activities.
“Union bosses have abused their extraordinary government-granted power to automatically compel workers to fund their political activities unless workers object – a power granted to no other private organization in our country – for far too long,” said Mark Mix, president of National Right to Work. “The First Amendment right of workers who refrain from union membership to automatically refrain from paying union dues at all and especially for politics is long overdue.”
Video: Worker, Foundation Staff Attorney Expose Card Check Coercion at Congressional Hearing
Yesterday the the U.S. House Committee on Education and the Workforce’s Subcommittee on Health, Employment, Labor, and Pensions held a hearing about card check organizing campaigns.
An Orange County, California hospital worker and her National Right to Work Foundation staff attorney testified about the need for workers to be able to choose free from coercion whether they want a union hierarchy in their workplace.
Marlene Felter discussed her effort to stave off unwanted Service Employees International Union (SEIU) boss "representation" from her workplace:
Glenn Taubman, who has over 30 years of experience on the Foundation’s legal staff, also testified on the abuses of card check instant organizing:
Read more about the federal settlement won by Chapman Medical Center workers to remove the unwanted SEIU union officials’ representation from their workplace.
Paris Las Vegas Casino Union Bosses Play High Stakes Game with Worker’s Legal Rights
Paris Las Vegas Casino Union Bosses Play High Stakes Game with Worker’s Legal Rights
Union officials threaten nonmember worker with benefits cuts unless she pays union dues
Las Vegas, NV (June 26, 2013) – With free legal assistance from National Right to Work Foundation staff attorneys, a Paris Las Vegas Hotel and Casino worker has filed a federal charge against a local union for violating her right to refrain from union affiliation.
Nani Sugianto filed the federal unfair labor practice charge with the National Labor Relations Board (NLRB) last week against the Culinary Workers Union Local 226.
According to the charge, after union brass signed a new contract with the hotel, a union steward illegally threatened Sugianto that she would lose all of her benefits and her seniority, and would be required to start over again as a new hire, unless she paid union dues even though she is not a union member.
Paris Las Vegas Casino Union Bosses Play High Stakes Game with Worker’s Legal Rights
Las Vegas, NV (June 26, 2013) – With free legal assistance from National Right to Work Foundation staff attorneys, a Paris Las Vegas Hotel and Casino worker has filed a federal charge against a local union for violating her right to refrain from union affiliation.
Nani Sugianto filed the federal unfair labor practice charge with the National Labor Relations Board (NLRB) last week against the Culinary Workers Union Local 226.
According to the charge, after union brass signed a new contract with the hotel, a union steward illegally threatened Sugianto that she would lose all of her benefits and her seniority, and would be required to start over again as a new hire, unless she paid union dues even though she is not a union member.
Under Nevada’s Right to Work law, workers cannot be forced to pay union dues or fees as a condition of their employment.
“Workers’ rights are not a casino game,” said Mark Mix, President of the National Right to Work Foundation. “We call on the NLRB to call the union officials’ bluff and stop these outrageous threats.”
Twenty-four states have Right to Work protections for employees. Public polling shows that nearly 80 percent of Americans and union members support the principle of voluntary unionism.
Hospital Worker to Testify at Congressional Hearing Regarding SEIU Card Check Coercion
Hospital Worker to Testify at Congressional Hearing Regarding SEIU Card Check Coercion
Worker advocate says National Labor Relations Board has failed to protect workers who wish to refrain from union affiliation
Washington, DC (June 26, 2013) – An Orange County, California hospital worker and her National Right to Work Foundation staff attorney will testify today before a U.S. House subcommittee about the need for workers to be able to choose free from coercion whether they want a union hierarchy in their workplace.
Marlene Felter, a Chapman Medical Center worker who led an effort to stave off unwanted Service Employees International Union (SEIU) boss “representation” from her workplace, and attorney Glenn Taubman, who has over 30 years of experience on the Foundation’s legal staff, will testify before the U.S. House Committee on Education and the Workforce’s Subcommittee on Health, Employment, Labor, and Pensions at 10:00 AM.
Hospital Worker to Testify at Congressional Hearing Regarding SEIU Card Check Coercion
Washington, DC (June 26, 2013) – An Orange County, California hospital worker and her National Right to Work Foundation staff attorney will testify today before a U.S. House subcommittee about the need for workers to be able to choose free from coercion whether they want a union hierarchy in their workplace.
Marlene Felter, a Chapman Medical Center worker who led an effort to stave off unwanted Service Employees International Union (SEIU) boss “representation” from her workplace, and attorney Glenn Taubman, who has over 30 years of experience on the Foundation’s legal staff, will testify before the U.S. House Committee on Education and the Workforce’s Subcommittee on Health, Employment, Labor, and Pensions at 10:00 AM.
Felter will highlight the need for the Secret Ballot Protection Act, sponsored by Congressman David Roe (R-Tenn.), while testifying about her personal experiences dealing with a coercive SEIU card check unionization campaign.
Felter and her coworkers were a target of an SEIU card check unionization scheme after SEIU Healthcare Workers West and Chapman Medical Center officials entered into a backroom deal known as a “neutrality agreement” designed to grease the skids for workers to be forced into union ranks. In the agreement, management granted union operatives access to company facilities and waived the right to have a federally-supervised secret ballot election to determine whether workers wished to be unionized.
Union organizers frequently use card-check organizing tactics to bribe, browbeat, or cajole workers into forced-union-dues payments against their will.
The Secret Ballot Protection Act guarantees workers a secret ballot vote in union elections. The subcommittee will also hear testimony regarding the Representation Fairness Restoration Act, which would invalidate the National Labor Relations Board (NLRB)’s policy of allowing union militants to target and organize small units of workers if they know most employees at a workplace don’t want to join the union.
“Time and again, Barack Obama’s NLRB has failed to protect workers who wish to refrain from union affiliation and forced dues payments,” said Mark Mix, President of National Right to Work. “Congress needs to reign in Obama’s out-of-control NLRB.”
Teamster Bosses Face Charges for Threatening Nonunion Portland UPS Driver with Suspension for Refusing to Pay Dues
Portland, OR (June 26, 2013) – With free legal assistance from National Right to Work Foundation staff attorneys, a local UPS employee has filed federal unfair labor practice charges against Teamsters Local Union No. 81. Steven Swenson alleges that union officials failed to provide him with legally required information about the amount of union dues that he has to pay as a condition of employment. When Swenson refused to pay up until he received proper information, Teamster bosses responded by threatening to suspend him from work.
In Oregon and other states without Right to Work laws, employees can be forced to pay union dues just to keep a job. However, workers have the right to refrain from paying for union activities unrelated to workplace bargaining, such as political activism and members-only events. Union officials are required by law to provide nonmembers with an independently-audited breakdown of union expenditures to help them determine how much they can be forced to pay.
In January 2013, Swenson notified the union that he was resigning his membership and exercising his right to opt out of any dues unrelated to workplace bargaining. In May, Swenson received letters from the union indicating the amount of money he was expected to pay as a nonmember. However, the union never provided Swenson with any information about how they arrived at the fees they were charging him.
When Swenson refused to pay until he received information on the union’s expenditures, Teamster bosses demanded he comply with their forced dues exaction or be suspended from work. Swenson paid under protest what the Teamsters claimed he owed to keep his job.
Swenson’s charges will now be investigated by the National Labor Relations Board, a federal agency responsible for administering private sector labor law.
“Teamster bosses failed to provide Steven Swenson with any information about the dues he was being charged. When he refused to pay up until they complied with their legal obligations, they thuggishly threatened his livelihood,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “These abusive practices demonstrate the need for an Oregon Right to Work law, which would ensure that nonunion workers don’t have to pay any dues to unions they want nothing to do with.”