In an ongoing Foundation case, seven additional Caterpillar (NYSE: CAT) workers have filed federal charges with the National Labor Relations Board (NLRB) against a Chicago-area Machinist union for violating their rights and levying retaliatory strike fines against them.

The seven workers join 41 other workers who have filed similar charges to date with free legal assistance from Foundation attorneys. The charges come after International Association of Machinists (IAM) District Lodge 851 union bosses ordered over 800 Joliet, Illinois Caterpillar workers on strike. Over a hundred workers continued to work despite the IAM union boss-instigated strike.

Under federal law, workers who are not voluntary union members are exempt from the union hierarchy’s constitution and bylaws and thus cannot be disciplined for continuing to work during a union boss-ordered strike. However, IAM Local 851 union bosses recently levied fines totaling over a million dollars against the workers for continuing to work during the strike.

Two workers’ charges were settled in December, and the remaining 46 workers whose cases have not been resolved all allege that they were never truly voluntary union members. Multiple workers allege that union militants also threatened them with violence, and one alleges that union militants physically assaulted his wife and child.

For more information about this and other Right to Work Foundation cases, please stay tuned to the Foundation’s Freedom@Work blog.

Update 5/10/13: With free legal assistance from the Foundation, two more workers filed charges on May 10. This brings the total charges to date to 50, 48 of which are pending with the NLRB.

Ravenswood Steelworker Union Hierarchy Faces Federal Charges in Wake of Strike Intimidation

Union officials threaten workers who refused to abandon their jobs

Ravenswood, WV (May 9, 2013) – Four Constellium Rolled Products workers have filed federal charges against a local Steelworker union in the wake of last summer’s union-instigated strike against the company.

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

The four workers resigned their union membership in the United Steelworkers (USW) Local 5668 union before they continued to work during the strike. Under federal law, workers who refrain from union membership are exempt from the union hierarchy’s constitution and bylaws and thus cannot be disciplined for continuing to work during a union boss-ordered strike.

In late March, the four workers received threatening letters from USW Local 5668 union officials stating that the union hierarchy intends to levy retaliatory strike fines against the workers at “the maximum penalty allowed.” Union officials also stated that the workers will be placed “at the bottom of the seniority list,” which is a clear violation of federal labor law.

Click here to read the full release.

Elkton, MD (May 10, 2013) – On Monday, the National Labor Relations Board’s (NLRB) Acting General Counsel issued a complaint against IKEA and the International Association of Machinist (IAM) District Lodge 4 union for failing to inform employees at the company’s Elkton, Maryland facility of their rights to refrain from union membership and the payment of full union dues, and threatening to have them fired for refusing to pay up.

The complaint is a result of unfair labor practice charges filed with the help of National Right to Work Foundation staff attorneys by IKEA employees Herman Brunswick, Jr., Kelvin Smith, Shawn Rojas, and Robert Rammel in January and February 2013.

In Maryland and other states without Right to Work laws, employees can be required to pay union dues just to get or keep a job. However, workers also have the right to refrain from formally joining a union and opt out of paying for union activities unrelated to workplace bargaining, such as members-only events and political activism.

Not only did IAM officials and IKEA fail to notify IKEA employees of their rights, they actively misled the employees about their obligations to the union. IAM officials claimed that joining the union and paying full dues were required as a condition of employment. Faced with the prospect of losing his job, Brunswick agreed to join the IAM and sign a form authorizing the collection of full dues from his salary.

When Brunswick asked about his right to refrain from financially supporting the IAM’s political activities, he was told by union officials that he had no such rights. After he learned otherwise, Brunswick resigned from the union and objected to paying for union political activities.

What little material union officials provided to IKEA employees about their rights was deliberately obscured. Union officials printed information on employees’ right to refrain from full dues-paying membership on the back of a pink piece of paper in tan ink, making it virtually invisible.

The Acting General Counsel’s complaint seeks a workplace notice informing all IKEA employees in the bargaining unit of their right to refrain from union membership and the payment of full union dues. The complaint also seeks to require the union to allow all nonmembers to exercise their right to opt out of paying full dues immediately and provide retroactive reimbursement remedies to all employees in the facility who do so.

A hearing before a federal labor judge has been set for July 24.

“Union officials actively kept IKEA employees in the dark about their rights in order to collect more forced dues cash for the IAM’s coffers,” said Patrick Semmens, National Right to Work Foundation Vice President for Public Information. “Independent-minded workers will continue to face similar schemes until Maryland passes a Right to Work law, which would ensure that union membership and dues payment are completely voluntary.”

Ravenswood, WV (May 9, 2013) – Four Constellium Rolled Products workers have filed federal charges against a local Steelworker union in the wake of last summer’s union-instigated strike against the company.

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

The four workers resigned their union membership in the United Steelworkers (USW) Local 5668 union before they continued to work during the strike. Under federal law, workers who refrain from union membership are exempt from the union hierarchy’s constitution and bylaws and thus cannot be disciplined for continuing to work during a union boss-ordered strike.

In late March, the four workers received threatening letters from USW Local 5668 union officials stating that the union hierarchy intends to levy retaliatory strike fines against the workers at “the maximum penalty allowed.” Union officials also stated that the workers will be placed “at the bottom of the seniority list,” which is a clear violation of federal labor law.

Because West Virginia does not have Right to Work protections making union affiliation completely voluntary, the four workers are still forced to pay part of union dues to keep their jobs. However, under the Foundation-won U.S. Supreme Court precedent upheld in Communication Workers v. Beck, workers who refrain from union membership cannot be forced to pay for union activities unrelated to workplace bargaining, such as politics and political lobbying. Despite this Court precedent, USW Local 5668 union officials continue to extract full union dues from the workers’ paychecks.

“USW union bosses are trying to punish workers who had the courage not to toe the union boss line and instead provide for their families,” said Mark Mix, President of National Right to Work. “Workers should not be forced to abandon their jobs and be denied their right to provide for themselves and their families at the whim of militant union bosses.”

“This case underscores the need for a state Right to Work law making union affiliation and dues payments completely voluntary,” 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 principle of voluntary unionism.

Washington, DC (May 7, 2013) – Today, the U.S. Court of Appeals for the District of Columbia Circuit ordered a consolidation and renewed briefing in three mandamus cases, all of which asked the Court to order the National Labor Relations Board (NLRB) to suspend further action in the wake of the Court’s ruling in Noel Canning invalidating President Barack Obama’s controversial “recess appointments” to the Board.

In Noel Canning, the Court held that the President’s “recess appointments” were invalid because the Senate was not in recess, and because the vacancies the President purported to fill did not “happen” during such a recess, as required by the United States Constitution. Consequently, the Board has lacked a quorum to issue decisions since January 3, 2012, potentially invalidating all NLRB rulings made during that period. The mandamus petitions seek to apply the Noel Canning ruling to cases currently before the NLRB.

One of the three consolidated mandamus petitions was filed by National Right to Work Foundation attorneys on behalf of Jeanette Geary, a former Rhode Island nurse. Geary originally filed an unfair labor practice charge against a local nursing union for illegally forcing her to pay for union lobbying as a condition of employment.

In 2012, a Board panel including two illegal recess appointees held that union officials could require Geary and her coworkers to pay for the union’s lobbying efforts, in clear violation of Foundation-won Supreme Court cases. Instead of issuing a final order which could be appealed in federal court, the NLRB asked for further briefs on the issue of charging non-members for union boss lobbying.

In February 2013, Foundation attorneys filed their petition for a writ of mandamus or prohibition asking the DC Court of Appeals to bar the NLRB from further action in Geary’s case until a valid Board is seated. That petition has now been consolidated with two similar cases, and oral argument is expected in September 2013.

“Illegally-installed Obama NLRB appointees consistently favored the interests of union bosses over the rights of independent-minded workers,” said Mark Mix, President of the National Right to Work Foundation. “We hope this latest development will finally force this illegitimate NLRB to stop operating and stop undermining employees’ right to refrain from supporting Big Labor’s political agenda.”

Federal Appeals Court Strikes Down NLRB Rule to Push More Workers into Union Ranks

Right to Work Foundation fights Labor Board’s decision to promote monopoly unionism in virtually every workplace in America

Washington, DC (May 7, 2013) – Today, the U.S. Court of Appeals for the District of Columbia struck down the National Labor Relations Board’s (NLRB) controversial new rule requiring virtually every private-sector employer in the country to post one-sided information about employee rights online and in the workplace, even if the employer had never been accused of unfair labor practices.

Mark Mix, President of the National Right to Work Foundation, made the following statement in the wake of the ruling:

"National Right to Work Foundation attorneys argued that the NLRB had exceeded its authority granted by Congress.

"We are pleased that the D.C. Circuit has reined in one of the NLRB’s more outrageous efforts to expand itself into a taxpayer-funded union organizing operation by holding that the federal agency cannot compel private entities to post pro-union messages in their workplaces.

"The NLRB’s unprecedented actions infringed upon free speech and clearly exceeded the agency’s statutory authority. This is a good day both for workers and all who value workplace independence and free speech."

Washington, DC (May 7, 2013) – Today, the U.S. Court of Appeals for the District of Columbia struck down the National Labor Relations Board’s (NLRB) controversial new rule requiring virtually every private-sector employer in the country to post one-sided information about employee rights online and in the workplace, even if the employer had never been accused of unfair labor practices.

Mark Mix, President of the National Right to Work Foundation, made the following statement in the wake of the ruling:

"National Right to Work Foundation attorneys argued that the NLRB had exceeded its authority granted by Congress.

"We are pleased that the D.C. Circuit has reined in one of the NLRB’s more outrageous efforts to expand itself into a taxpayer-funded union organizing operation by holding that the federal agency cannot compel private entities to post pro-union messages in their workplaces.

"The NLRB’s unprecedented actions infringed upon free speech and clearly exceeded the agency’s statutory authority. This is a good day both for workers and all who value workplace independence and free speech."