Union Officials at Central Michigan University Face State Prosecution for Illegal Dues Seizures

Union officials violate CMU instructor’s Free Speech rights; case shows need for state Right to Work law

Lansing, MI (June 11, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a temporary instructor at Central Michigan University (CMU) has spurred a state prosecution against a local union for violating her First Amendment rights.

Nancy Rusch of St. Louis, filed a charge with the Michigan Employment Relations Commission (MERC) against the Union of Teaching Faculty (UTF) union for illegally confiscating union dues payments from her and her coworkers’ paychecks without following federal requirements.

Read the entire release here.

Lansing, MI (June 11, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a temporary instructor at Central Michigan University (CMU) has spurred a state prosecution against a local union for violating her First Amendment rights.

Nancy Rusch of St. Louis, filed a charge with the Michigan Employment Relations Commission (MERC) against the Union of Teaching Faculty (UTF) union for illegally confiscating union dues payments from her and her coworkers’ paychecks without following federal requirements.

Because Michigan does not have Right to Work protections making union affiliation completely voluntary, Rusch, who has refrained from formal union membership, is still forced to pay part of forced union dues to keep her job at the university. However, she is not required to pay union dues or fees for union boss political activities, lobbying, and member-only events.

The U.S. Supreme Court ruled in the Foundation’s Chicago Teachers Union v. Hudson victory that union officials must provide public workers with an independently-audited financial breakdown of all forced-dues union expenditures. This procedural safeguard helps inform workers of where their forced union dues and fees are being spent and makes it a little less difficult for workers to hold union officials accountable.

Rusch filed her charge with MERC in mid-April. MERC investigated the charge and issued a complaint against the UTF union last week. A hearing is scheduled for later this summer.

“Union bosses are deliberately keeping rank-and-file workers in the dark to keep their forced-dues gravy train going,” said Mark Mix, President of National Right to Work. “To prevent these types of forced unionism abuses in the future, Michigan needs to pass a Right to Work law making union affiliation and dues payments completely voluntary.”

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

Teamster Union Faces Federal Charge For Illegally Using Forced Dues for Politics

Union officials violate worker’s rights; case shows need for state Right to Work law

Minneapolis, MN (June 11, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a New Brighton Ford journeyman technician has filed a federal charge against a local Teamster union for violating his rights.

Dylan McHenry of Hammond, Wisconsin filed the charge with the National Labor Relations Board (NLRB) regional office in Minneapolis against the Teamsters Local 974 union for illegally confiscating union dues payments from his paychecks for political activism and refusing to follow federal disclosure requirements.

Read the entire release here.

Minneapolis, MN (June 11, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a New Brighton Ford journeyman technician has filed a federal charge against a local Teamster union for violating his rights.

Dylan McHenry of Hammond, Wisconsin filed the charge with the National Labor Relations Board (NLRB) regional office in Minneapolis against the Teamsters Local 974 union for illegally confiscating union dues payments from his paychecks for political activism and refusing to follow federal disclosure requirements.

Because Minnesota does not have Right to Work protections making union affiliation completely voluntary, McHenry, who resigned from formal union membership in April, is still forced to pay fees to the union to keep his job.

However, the U.S. Supreme Court ruled in the Foundation’s Communication Workers of America v. Beck case that workers are not required to pay union dues or fees for union boss political activities, lobbying, and member-only events.

Union officials must also provide workers with an independently-audited financial breakdown of all forced-dues union expenditures. This procedural safeguard helps inform workers of how their forced union dues and fees are being spent and makes it a little less difficult for workers to hold union officials accountable.

After McHenry resigned from formal union membership, Teamster union officials provided him with an incomplete breakdown of union expenditures. The union is also taking money from McHenry’s paychecks for the Teamster hierarchy’s political action committee – a clear violation of federal law

“Teamster union bosses are illegally charging independent-minded workers for their political agenda and deliberately keeping workers in the dark about how their forced dues are being spent,” said Mark Mix, President of National Right to Work. “To prevent these types of forced unionism abuses in the future, Minnesota needs to pass a Right to Work law making union affiliation and dues payments completely voluntary.”

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

Seattle, WA (June 8, 2012) – With the help of National Right to Work Foundation staff attorneys, four Virginia Mason Medical Center nurses have reached a class-wide settlement with the Washington State Nurses Association (WSNA) union over their rights to leave the union and opt out of paying union dues.

Therese Mollerus-Gale, Maureen Lenahan, Amber Finn, and Patricia Breen were all automatically enrolled in the WSNA union without their consent after becoming employed at Virginia Mason. The dispute arose last summer when Mollerus-Gale and Lenahan first attempted to leave the WSNA. All employees have a constitutional right to resign from a union at any time, but WSNA officials repeatedly denied the nurses’ attempts to leave the union on the grounds that their resignation letters weren’t “timely” or weren’t sent by certified mail. Finn and Breen met with similar obstructions when they later attempted to leave the union.

Under the WSNA’s contract with Virginia Mason, nurses can opt out of paying all union dues during a certain window period, but they were never notified of that right by union officials. Supreme Court precedent also gives nonunion employees the right to opt out of paying for union activities unrelated to collective bargaining, such as political lobbying, at any time. Once again, WSNA officials refused to acknowledge these rights or permit nurses to stop paying dues for union politics. In Lenahan’s case, union operatives actually threatened to have her fired for refusing to pay full dues.

The WSNA’s settlement with the nurses requires union officials to post public notices on their website and in the hospital acknowledging all nurses’ rights to refrain from union membership and the payment of full union dues. The notices explain that nurses may resign from the union at any time and can opt out of paying all union dues when the current contract expires. WSNA officials have also agreed to refund Amber Finn an amount equivalent to the union dues they illegally forced her to pay.

“We’re happy to report that four nurses have won a major settlement with the Washington State Nurses Association union,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “However, independent-minded employees shouldn’t have to resort to lengthy litigation to protect their workplace rights. Instead, Washington State should adopt a Right to Work law, which would ensure that no employee is forced to join or pay dues to a union just to get or keep a job.”

Wisconsin Civil Servants File Federal Appeals Brief Supporting Governor’s Public-Sector Unionism Reforms

Workers ask court to uphold reform measure protecting most Badger State public workers from forced unionism

Madison, WI (June 6, 2012) – With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, three Wisconsin public employees have asked the U.S. Court of Appeals for the Seventh Circuit to uphold all of Governor Scott Walker’s public-sector unionism reform measures, known as “Act 10.”

Pleasant Prairie teacher Kristi Lacroix, Waukesha high school teacher Nathan Berish, and trust fund specialist at the Wisconsin Department of Employee Trust Funds Ricardo Cruz filed the brief yesterday.

The workers, who are forced to accept the “representation” of union officials, want instead the freedom to represent themselves with their employers. The workers are challenging a lower court judge’s ruling to strike down Wisconsin’s new union recertification requirements and the ban on the use of taxpayer funded-payroll systems to collect union dues for general employees.

Read the entire release here.

Madison, WI (June 6, 2012) – With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, three Wisconsin public employees have asked the U.S. Court of Appeals for the Seventh Circuit to uphold all of Governor Scott Walker’s public-sector unionism reform measures, known as “Act 10.”

Pleasant Prairie teacher Kristi Lacroix, Waukesha high school teacher Nathan Berish, and trust fund specialist at the Wisconsin Department of Employee Trust Funds Ricardo Cruz filed the brief yesterday.

The workers, who are forced to accept the “representation” of union officials, want instead the freedom to represent themselves with their employers. The workers are challenging a lower court judge’s ruling to strike down Wisconsin’s new union recertification requirements and the ban on the use of taxpayer funded-payroll systems to collect union dues for general employees.

The workers stated in their initial brief in the district court that “they equate the ‘services’ provided by (union officials) to be akin to those of some itinerant street window washers who sling dirty water on your car windshield, smear it around, and then demand payment” and do not feel the state should be the bagman for union officials.

In their brief, the workers ask the appellate court to uphold the law as constitutional, relying on the Foundation-won U.S. Supreme Court Davenport v. WEA victory in which the Supreme Court unanimously held that union bosses enjoy an “extraordinary power” to force workers to pay union dues or fees as a condition of employment, but have no constitutional right to use government resources to deduct union dues or fees from workers’ paychecks.

Meanwhile, three additional Wisconsin civil servants continue to defend Walker’s reforms against union challenges in other cases pending before state and federal courts. Christopher King and Carie Kendrick filed an amicus curiae brief opposing another legal challenge to the legislation in federal court; while Eli Grajkowski, a veteran Wisconsin educator, filed a similar brief in state court.

“Union bosses from across the state of Wisconsin are fighting tooth and nail to strike down any limit to their power,” said Mark Mix, President of National Right to Work. “No worker should ever be forced to pay union dues or fees as a condition of employment, which is why Wisconsin should go a step further by passing Right to Work protections to protect all Badger State employees from forced union affiliation.”

Local Bus Driver Moves to Disqualify Phony Obama ‘Recess Appointees’ from Federal Case

National Right to Work Foundation staff attorneys again argue that NLRB does not have legitimate quorum to hear cases

Seattle, Washington (June 5, 2012) – With free legal assistance from National Right to Work Foundation attorneys, a Sandy, Oregon, bus driver has filed a motion seeking to disqualify President Obama’s purported recess appointees to the National Labor Relations Board (NLRB) from his case.

The legal challenge is part of an ongoing controversy over the constitutionality of Obama’s move to install three NLRB members as “recess appointees” despite the fact that the U.S. Senate was not in recess.

Read the entire release here.

Seattle, Washington (June 5, 2012) – With free legal assistance from National Right to Work Foundation attorneys, a Sandy, Oregon, bus driver has filed a motion seeking to disqualify President Obama’s purported recess appointees to the National Labor Relations Board (NLRB) from his case.

The legal challenge is part of an ongoing controversy over the constitutionality of Obama’s move to install three NLRB members as “recess appointees” despite the fact that the U.S. Senate was not in recess.

In January 2011, First Student bus driver Richard Harmon resigned from formal union membership in Teamsters Local 206. Because Oregon does not have Right to Work protections making union affiliation completely voluntary, Harmon is still forced to pay part of forced union dues to keep his job.

Despite Harmon’s resignation, Local 206 union officials ignored his resignation and continued to confiscate full union dues from his paychecks, failed to inform workers of their right to refrain from formal union membership, and failed to provide a legally-required independently-audited breakdown of union expenditures informing workers of what union dues and fees they can be forced to pay.

In September 2011, Harmon forced a settlement of his unfair labor practice charge with Local 206 union officials. However, union officials continued to refuse to provide an adequate audited breakdown of local and other affiliate union expenditures. Harmon filed another charge in late December.

As a result, the Seattle NLRB regional office issued a federal complaint on March 30 against Local 206 union officials for violating the settlement’s terms and on April 3 moved for a default judgment against the union. The motion for default judgment is now pending before the NLRB in Washington, D.C.

“Barack Obama’s so-called recess appointments to the Labor Board clearly violate the U.S. Constitution,” said Mark Mix, President of the National Right to Work Foundation. “Because the Board does not have a legitimate quorum, it must cease hearing all cases until a legitimate quorum is established.”

Foundation attorneys also were among the first to challenge the constitutionality of Obama’s “recess appointments” in federal court. Two Foundation-supported cases in which the appointments are being challenged are pending in the U.S. Court of Appeals for the Seventh Circuit.