4 Jan 2012

News Release: Worker Rights Advocate Blasts Obama’s Unprecedented Recess Appointments to the NLRB

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News Release

Worker Rights Advocate Blasts Obama’s Unprecedented Recess Appointments to the NLRB

The President’s legally dubious NLRB recess appointments pave the way for another year of forced-unionism giveaways

Washington, DC (January 4, 2012) – Mark Mix, President of the National Right to Work Legal Defense Foundation, issued the following statement in response to President Obama’s unprecedented NLRB recess appointments:

"Obama’s recess appointments to the NLRB, despite there being no formal recess of Congress, show just how much this Administration is in the pocket of Big Labor. In the last two years the Obama Labor Board has repeatedly enacted one power grab after another on behalf of union bosses, to the detriment of the rights of individual employees – especially those who wish to refrain from union activities. The President’s legally dubious NLRB recess appointments pave the way for another year of forced-unionism giveaways.

"Union bosses know their coercive agenda is overwhelmingly unpopular with the American people, which is why they’ve turned to unelected administrative agencies like the NLRB to push through much of what they cannot get through Congress. That’s what makes these appointments all the more offensive in the face of Congress affirmatively taking action to block recess nominations."

National Right to Work Foundation staff attorneys are already exploring possible legal challenges to these unprecedented recess appointments in defiance of Congress.

4 Jan 2012

Worker Rights Advocate Blasts Obama’s Unprecedented Recess Appointments to the NLRB

Posted in News Releases

Washington, DC (January 4, 2012) – Mark Mix, President of the National Right to Work Legal Defense Foundation, issued the following statement in response to President Obama’s unprecedented NLRB recess appointments:

"Obama’s recess appointments to the NLRB, despite there being no formal recess of Congress, show just how much this Administration is in the pocket of Big Labor. In the last two years the Obama Labor Board has repeatedly enacted one power grab after another on behalf of union bosses, to the detriment of the rights of individual employees – especially those who wish to refrain from union activities. The President’s legally dubious NLRB recess appointments pave the way for another year of forced-unionism giveaways.

"Union bosses know their coercive agenda is overwhelmingly unpopular with the American people, which is why they’ve turned to unelected administrative agencies like the NLRB to push through much of what they cannot get through Congress. That’s what makes these appointments all the more offensive in the face of Congress affirmatively taking action to block recess nominations."

National Right to Work Foundation staff attorneys are already exploring possible legal challenges to these unprecedented recess appointments in defiance of Congress.

28 Dec 2011

News Release: Boeing Employees Hit Machinist Union with Charge for Discriminating against Workers in Right to Work States

Posted in News Releases

News Release

Boeing Employees Hit Machinist Union with Charge for Discriminating against Workers in Right to Work States

Union bosses abuse process to force Boeing to locate production in state without a Right to Work law

Washington, DC (December 28, 2011) – Three Charleston-area Boeing company (NYSE: BA) employees filed a federal retaliation charge against the Washington State union behind the National Labor Relations Board’s (NLRB) high-profile case against Boeing for building a new facility in South Carolina.

The Charleston-area Boeing employees filed the unfair labor practice charge with the NLRB Wednesday with free legal assistance from the National Right to Work Foundation.

The charge comes in the wake of the recent announcement of a backroom deal cut between IAM, its Local 751 union, and Boeing officials which led to the end of the NLRB’s case. The Charleston Boeing employees, who were granted intervenor status in the case by the NLRB in Washington, D.C., were denied participation in the hearing concluding the case.

The charge spells out how IAM union bosses abused the NLRB’s adjudicative process to bully Boeing into locating production of the company’s 737 Max and future airplane production in Washington State, which does not have a Right to Work law. The IAM union bosses’ accusations against Boeing had a chilling effect on Boeing and other companies, deterring them from locating work in South Carolina and other Right to Work states where workers can not be forced to join or pay fees to a union as a job condition.

Read the entire release here.

28 Dec 2011

Boeing Employees Hit Machinist Union with Charge for Discriminating against Workers in Right to Work States

Posted in News Releases

Washington, DC (December 28, 2011) – Three Charleston-area Boeing company (NYSE: BA) employees filed a federal retaliation charge against the Washington State union behind the National Labor Relations Board’s (NLRB) high-profile case against Boeing for building a new facility in South Carolina.

The Charleston-area Boeing employees filed the unfair labor practice charge with the NLRB Wednesday with free legal assistance from the National Right to Work Foundation.

The charge comes in the wake of the recent announcement of a backroom deal cut between IAM, its Local 751 union, and Boeing officials which led to the end of the NLRB’s case. The Charleston Boeing employees, who were granted intervenor status in the case by the NLRB in Washington, D.C., were denied participation in the hearing concluding the case.

The charge spells out how IAM union bosses abused the NLRB’s adjudicative process to bully Boeing into locating production of the company’s 737 Max and future airplane production in Washington State, which does not have a Right to Work law. The IAM union bosses’ accusations against Boeing had a chilling effect on Boeing and other companies, deterring them from locating work in South Carolina and other Right to Work states where workers can not be forced to join or pay fees to a union as a job condition.

The charge also details how IAM union bosses retaliated against the Charleston workers after the workers at the Boeing Dreamliner plant expelled the IAM from their workplace before the production line was located there. One of the employees filing the charge led the effort to remove the International Association of Machinists (IAM) union from the Charleston plant.

The charge points out that if the IAM union hierarchy still had a presence in the South Carolina plant, then the South Carolina workers’ jobs would not have been at risk. Even NLRB Acting General Counsel Lafe Solomon – who issued the NLRB’s complaint against Boeing – admitted in Congressional testimony that it was inconceivable that IAM union officials would have pursued charges against Boeing if workers had not removed the union from their workplace.

“Workers should be free to choose whether or not to affiliate with a union and not have to worry about their jobs as a result,” said Mark Mix, President of National Right to Work. “The IAM union bosses’ dangerous abuse of federal labor law, which is supposedly intended to protect the rights of individual workers, has set a devastating precedent to discourage job providers from locating work in states with Right to Work laws on the books – the very states luring job providers and independent-minded workers alike.”

Meanwhile, Foundation attorneys have sent a letter to the NLRB’s Chief Administrative Law Judge (ALJ) asking him to investigate the conduct of the ALJ overseeing the NLRB’s case against Boeing in allowing the backroom deal cut between company and union officials to serve as the basis for the case’s dismissal.

22 Dec 2011

News Release: Worker Advocate Blasts Obama Labor Board Rule Change

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News Release

Worker Advocate Blasts Obama Labor Board Rule Change

New rule would allow union bosses to ambush workers into forced-dues-paying union ranks

Washington, DC (December 22, 2011) – The National Labor Relations Board (NLRB) announced new guidelines that give union organizers the upper hand over independent-minded employees in representation elections which will be implemented on April 30, 2012.

The new rules dictating how union organizing elections are conducted are designed to dramatically shorten the time individual workers have to share information with their coworkers about the effects of unionization. The new rules were rushed out before former Service Employees International Union (SEIU) lawyer and Obama recess appointee Craig Becker’s NLRB term expires, at which point the NLRB will drop to two members and no longer have a quorum necessary to take any action.

Mark Mix, President of the National Right to Work Foundation – the nation’s leading advocate for workers who suffer from the abuses of compulsory unionism – released the following statement in the wake of the NLRB’s announcement:

"Christmas came early for Big Labor as the Obama Labor Board has once again given union bosses increased power to ambush workers into dues-paying union ranks.

Read the entire release here.

22 Dec 2011

Worker Advocate Blasts Obama Labor Board Rule Change

Posted in News Releases

Washington, DC (December 22, 2011) – The National Labor Relations Board (NLRB) announced new guidelines that give union organizers the upper hand over independent-minded employees in representation elections which will be implemented on April 30, 2012.

The new rules dictating how union organizing elections are conducted are designed to dramatically shorten the time individual workers have to share information with their coworkers about the effects of unionization. The new rules were rushed out before former Service Employees International Union (SEIU) lawyer and Obama recess appointee Craig Becker’s NLRB term expires, at which point the NLRB will drop to two members and no longer have a quorum necessary to take any action.

Mark Mix, President of the National Right to Work Foundation – the nation’s leading advocate for workers who suffer from the abuses of compulsory unionism – released the following statement in the wake of the NLRB’s announcement:

“Christmas came early for Big Labor as the Obama Labor Board has once again given union bosses increased power to ambush workers into dues-paying union ranks.

“The NLRB’s new ambush union organizing election rules make union organizing campaigns even more one-sided and stifle the rights of employees who may oppose unionization in their workplace.

“Although a secret ballot election can’t prevent the fundamental violation of individual rights that occurs under union boss monopoly bargaining, at the very least an election period is needed that gives workers enough time to educate their coworkers about the potential impact of unionization after months or even years of union organizing and propaganda.

“This power grab reminds us once again that the Big Labor-dominated NLRB and in fact federal labor law is not written and enforced to help workers but to empower union officials with unique and damaging privileges designed to bolster their power and revenue.”

In August, the Foundation filed comments opposing the new rules because they expand union bosses’ compulsory unionism powers. Foundation staff attorneys are already combing through the details of the 205 page rules and considering possible legal challenges.

19 Dec 2011

NLRB Upholds Decision Awarding $55K in Back Pay to ABC Driver Discriminated Against by Teamsters

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Washington, DC (December 19, 2011) – The National Labor Relations Board (NLRB), the federal agency charged with administering most private sector labor law, has upheld an Administrative Law Judge’s decision awarding over $55,000 in back pay to a television employee who was discriminated against by Teamster officials. The Board’s ruling stems from unfair labor practice charges filed by Thomas Coghill, an ABC driver who received free legal assistance from National Right to Work Foundation staff attorneys.

Teamster Local 509 union officials are party to a monopoly bargaining agreement with ABC in Charleston, South Carolina that forces workers to go through the union’s hiring hall to get a job with the studio. Because Local 509 union members were working on other sets when production of Army Wives started, Thomas Coghill – a member of a different Teamster local – was hired as a makeup driver during the show’s first two seasons.

As more Local 509 members became available to work on Army Wives, a dispute arose among various Teamster officials over who should be eligible to work on the program. Coghill was eventually removed from Local 509’s “Movie Referral List” because he did not belong to Local 509 while its members continued to receive preferential access to jobs on the set of Army Wives.

Coghill responded to Local 509’s biased hiring procedure by filing unfair labor practice charges against the union on the grounds that federal labor law prohibits union officials from discriminating against nonunion employees. National Right to Work Foundation staff attorneys subsequently persuaded an Administrative Law Judge to award Coghill over $55,000 in back pay. Union lawyers unsuccessfully appealed the ruling to the NLRB, which has now affirmed the judge’s decision in its entirety.

“Despite a tough economy, Teamster bosses had no qualms about discriminating against certain employees because they didn’t belong to the ‘right’ union” said Patrick Semmens, legal information director for the National Right to Work Foundation. “It should not have been necessary to resort to drawn-out litigation to hold Teamster officials accountable, but we’re pleased that Coghill will finally receive the back pay union bosses tried to deny him.”

“Until Big Labor’s many government-granted special powers are repealed, this type of abuse will continue as union bosses intimidate and retaliate against workers who refuse to toe the union line,” concluded Semmens.

14 Dec 2011

News Release: Transcript Shows SC Boeing Employees Kept in Dark about Labor Board Sham Settlement

Posted in News Releases

News Release

Transcript Shows SC Boeing Employees Kept in Dark about Labor Board Sham Settlement

Washington, DC (December 14, 2011) – National Labor Relations Board (NLRB) documents show that workers who had intervened in the Board’s high-profile case against Boeing were instead shut out of the entire process by which the case ended with Boeing agreeing to locate production of its 737 MAX plane in forced-dues Washington State.

With free legal assistance from the National Right to Work Foundation, North Charleston Boeing employees Dennis Murray, Cynthia Ramaker, and Meredith Going, Sr. moved to intervene in the NLRB’s unprecedented case targeting the company for locating production of some of its 787 Dreamliner airplanes in South Carolina, in part due to its popular Right to Work law. In Right to Work states, workers cannot be compelled to pay union dues or fees as a condition of employment.

An Administrative Law Judge (ALJ) originally denied the workers’ request but was forced by the NLRB in Washington, D.C., to allow them to participate as partial intervenors in the case.

The transcript of the hearing ending the case in which NLRB, Boeing, and International Association of Machinist (IAM) union lawyers participated show that the workers were explicitly shut out of the proceedings. According to the transcript, the judge acknowledged that he had "finessed" the workers out of the process, which occurred without any notice to the workers.

Mark Mix, President of National Right to Work, issued the following statement in the wake of the hearing’s revelations:

"The Obama Labor Board has set a dangerous precedent that will allow union bosses to bully job providers not to locate jobs in states with Right to Work protections for their workers, thus forcing more workers into union-dues-paying ranks, or face costly legal action.

"Boeing, IAM, and NLRB lawyers’ transparent ploy to sweep the South Carolina workers under the rug once again shows that the Obama NLRB puts union boss priorities above the rights and well-being of individual employees.

Read the entire release here.

14 Dec 2011

Transcript Shows SC Boeing Employees Kept in Dark about Labor Board Sham Settlement

Posted in News Releases

Washington, DC (December 14, 2011) – National Labor Relations Board (NLRB) documents show that workers who had intervened in the Board’s high-profile case against Boeing were instead shut out of the entire process by which the case ended with Boeing agreeing to locate production of its 737 MAX plane in forced-dues Washington State.

With free legal assistance from the National Right to Work Foundation, North Charleston Boeing employees Dennis Murray, Cynthia Ramaker, and Meredith Going, Sr. moved to intervene in the NLRB’s unprecedented case targeting the company for locating production of some of its 787 Dreamliner airplanes in South Carolina, in part due to its popular Right to Work law. In Right to Work states, workers cannot be compelled to pay union dues or fees as a condition of employment.

An Administrative Law Judge (ALJ) originally denied the workers’ request but was forced by the NLRB in Washington, D.C., to allow them to participate as partial intervenors in the case.

The transcript of the hearing ending the case in which NLRB, Boeing, and International Association of Machinist (IAM) union lawyers participated show that the workers were explicitly shut out of the proceedings. According to the transcript, the judge acknowledged that he had "finessed" the workers out of the process, which occurred without any notice to the workers.

Mark Mix, President of National Right to Work, issued the following statement in the wake of the hearing’s revelations:

"The Obama Labor Board has set a dangerous precedent that will allow union bosses to bully job providers not to locate jobs in states with Right to Work protections for their workers, thus forcing more workers into union-dues-paying ranks, or face costly legal action.

"Boeing, IAM, and NLRB lawyers’ transparent ploy to sweep the South Carolina workers under the rug once again shows that the Obama NLRB puts union boss priorities above the rights and well-being of individual employees.

"The IAM union officials’ and NLRB’s General Counsel’s hasty disposition of this unpopular case is a desperate attempt by the NLRB to save face for the Obama administration before the upcoming election year starts.

"Foundation staff attorneys plan to pursue all legal options to ensure that the rights of Charleston-area Boeing employees, and America’s other independent-minded workers, are protected against the encroaching expansion of forced unionism that the NLRB’s prosecution against Boeing has set loose."

Meanwhile, federal unfair labor practice charges filed by Boeing employee Dennis Murray against the IAM for retaliating against the Charleston workers for exercising their rights are still pending before the NLRB regional office in Winston-Salem, North Carolina.

5 Dec 2011

Federal Labor Board Prosecutes Engineering Union for Forcing Unwilling Workers to Pay Dues

Posted in News Releases

Portage, Indiana (December 5, 2011) – In response to charges filed by National Right to Work Legal Defense Foundation staff attorneys for two Minteq employees, the National Labor Relations Board (NLRB) has issued a complaint against International Union of Operating Engineers Local 150 union officials.

The NLRB issued the consolidated complaint against Minteq and Local 150 for forcing employees to continue paying union dues after the bargaining agreement between the company and the union expired. The National Right to Work Legal Defense Foundation is providing free legal aid to two employees, Joel Tibbets and Adam Hill, who filed the original unfair labor practice charges.

From 2006 to December 31, 2010, Minteq and Local 150 were party to a union monopoly bargaining agreement that required employees to pay union dues to keep a job with the company. Such agreements are legal because Indiana lacks a Right to Work law, which would prohibit union officials from forcing workers to pay dues as a condition of employment.

Once the contract between Minteq and the union expired, however, company officials continued to deduct union dues from Minteq employees’ paychecks and hand them over to Local 150 bosses. Union and company officials have not agreed to a new contract since December of last year.

The NLRB’s charges seek the reimbursement of all dues collected since December 31, 2010 from Hill and Tibbets. A hearing will take place on February 15, 2012 in Hammond, Indiana to determine the validity of the charges.

“Union and company officials kept collecting dues from unwilling employees for nearly a year after their bargaining agreement expired,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “We hope that Joel Tibbets and Adam Hill will be able to reclaim their hard-earned money, but this type of abuse will continue until Indiana passes a Right to Work law and makes all union dues and fees strictly voluntary.”