Homecare Providers Win Settlement with State to Permanently Stop Childcare Unionization Scheme

Right to Work Foundation attorneys continue federal class action lawsuit against union officials to recover millions in illegally confiscated dues

Lansing, MI (May 11, 2011) – With free legal assistance from the National Right to Work Foundation, five homecare workers have reached a settlement with Governor Rick Snyder ensuring that Michigan will no longer be able to force home-based childcare providers into union ranks.

Carrie Schlaud, Diana Orr, Peggy Mashke, and Edward and Nora Gross originally filed a class-action suit against then-Governor Jennifer Granholm and a United Auto Workers (UAW) and American Federation of State, County and Municipal Employees (AFSCME) coalition, the Child Care Providers Together Michigan (CCPTM) union, for designating homecare workers who accepted state assistance as state employees and forcing them to pay union dues and accept CCPTM “representation.”

Under Granholm’s direction, the Michigan Department of Human Services created an agency known as the Michigan Home Based Child Care Council to provide union officials with an entity to negotiate with as the homecare providers’ “management.” Working with the council, CCPTM operatives staged a union certification election to acquire monopoly bargaining privileges over Michigan homecare workers.

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Lansing, MI (May 11, 2011) – With free legal assistance from the National Right to Work Foundation, five homecare workers have reached a settlement with Governor Rick Snyder ensuring that Michigan will no longer be able to force home-based childcare providers into union ranks.

Carrie Schlaud, Diana Orr, Peggy Mashke, and Edward and Nora Gross originally filed a class-action suit against then-Governor Jennifer Granholm and a United Auto Workers (UAW) and American Federation of State, County and Municipal Employees (AFSCME) coalition, the Child Care Providers Together Michigan (CCPTM) union, for designating homecare workers who accepted state assistance as state employees and forcing them to pay union dues and accept CCPTM “representation.”

Under Granholm’s direction, the Michigan Department of Human Services created an agency known as the Michigan Home Based Child Care Council to provide union officials with an entity to negotiate with as the homecare providers’ “management.” Working with the council, CCPTM operatives staged a union certification election to acquire monopoly bargaining privileges over Michigan homecare workers.

Although only 15 percent of the 40,000 homecare providers receiving state assistance voted in the union certification election, CCPTM union bosses were then granted monopoly bargaining privileges and the power to collect union dues from home-based care providers.

The Michigan Home Based Child Care Council has since been disbanded, but the new settlement ensures that the state will never force homecare workers to financially support a union as a condition of receiving state assistance.

Despite this victory, the plaintiffs and their Right to Work attorneys continue to pursue the class-action lawsuit against the CCPTM union to reclaim the forced dues collected from child care providers before the Michigan Home Based Child Care Council was dismantled. The plaintiffs and their attorneys are currently pressing their case at a hearing before the United States District Court for the Western District of Michigan, Southern Division.

“We’re pleased that the settlement with Governor Snyder guarantees that Michigan homecare workers will never be forced into union ranks again,” said Patrick Semmens, Legal Information Director for the National Right to Work Foundation. “However, our work won’t be over until UAW and AFSCME union bosses are forced to give back over two million dollars in forced dues they extracted from unwilling childcare providers since 2008.”

Belleville, MI (May 6, 2011) – With free legal assistance from the National Right to Work Foundation, a Wellington Industries employee has filed federal unfair labor practice charges against the United Auto Workers (UAW) Local 174 and UAW Independent Local One unions for forcing her to pay full union dues and enrolling Wellington employees in the UAW without their consent.

Brenda Kowalski, a welder at the Wellington Belleville plant, and over 150 of her coworkers were threatened with termination by UAW officials if they refused to join the union, sign dues deduction authorization cards, and pay full union dues.

Because Michigan lacks a Right to Work law, employees can be forced to pay certain union dues as a condition of employment. However, no worker can be forced to join a union just to keep a job. The Foundation-won Supreme Court precedent Communication Workers v. Beck also holds that nonunion employees cannot be forced to pay for union activities unrelated to workplace bargaining, such as politics and political lobbying.

Despite these protections, UAW officials failed to notify workers at the Belleville plant of their rights to refrain from formal union membership and opt-out of full union dues. UAW officials also failed to provide Wellington employees with an audited breakdown of union expenditures, which is required by law to help nonunion workers determine what dues they must pay as a condition of employment.

Because no one at the Belleville facility was informed of their rights by UAW officials, Kowalski’s charges call for the immediate refund of all union dues collected for non-bargaining activities by Local 174 operatives. The charges will now be investigated by the National Labor Relations Board.

“This episode shows why Michigan so desperately needs a Right to Work law, which would make union membership and dues payment strictly voluntary,” said Patrick Semmens, Legal Information Director for the National Right to Work Foundation.

Seattle, WA (April 29, 2011) – With free legal assistance from the National Right to Work Foundation, a Seattle nurse has filed federal unfair labor practice charges against the Washington State Nurses Association (WSNA) union. The charges state that union officials forced unwilling nurses to pay full union dues and automatically enrolled new nurses as union members without receiving their consent.

Therese Mollerus-Gale became a nurse at Virginia Mason Medical Center in December 2010, during a contract hiatus between the WSNA union and the hospital. Although employees cannot be compelled to join a union as a condition of employment, WSNA officials automatically enrolled Mollerus-Gale as a union member. In February 2011, she was notified that she would have to pay full union dues.

The charges follow similar allegations raised in early April by Maureen Lenahan, another Virginia Mason Medical Center nurse who was forced to join the union and pay full dues since late 2010. Lenahan is also receiving legal assistance from Foundation attorneys.

Because Washington lacks a Right to Work law, employees can be compelled to pay certain union dues as a condition of employment. However, no worker can be forced to join a union against his or her will. Moreover, the Foundation-won Supreme Court precedent Communication Workers v. Beck holds that employees cannot be charged for union activities unrelated to workplace bargaining, including members-only events and political activism.

Despite these requirements and the nurses’ efforts to opt out of union dues unrelated to workplace activities, WSNA officials continued to bill Mollerus-Gale and other nurses who wished to leave the union for full WSNA membership. WSNA bosses also failed to provide nurses with an independently-audited breakdown of union expenditures, which is required by law to help nonunion employees determine what dues they have to pay.

Mollerus-Gale’s charges will now be investigated by the National Labor Relations Board.

“Hard-working nurses shouldn’t be pushed into union ranks and forced to pay tribute to WSNA bosses just to keep their jobs,” said Patrick Semmens, Legal Information Director for the National Right to Work Foundation. “Nobody should have to pay union dues or join a union just to make a living, which is why Washington needs a Right to Work law that makes union membership and dues payment strictly voluntary.”

Washington, DC (April 21, 2011) – In response to the National Labor Relations Board’s complaint against Boeing that, if successful, would eliminate over 1,000 jobs in South Carolina, National Right to Work Legal Defense Foundation President Mark Mix released the following statement:

"The National Labor Relations Board’s complaint is just the latest giveaway to Big Labor by an Obama Administration that has already erased union financial disclosure requirements and kept workers in the dark about the right to refrain from union membership. Once again the Board is putting union boss priorities ahead of the rights and well-being of individual employees.

"This case is nothing more than an attack by the Obama Administration on Right to Work laws and all workers in Right to Work states where employees cannot be forced to pay union dues as a condition of getting or keeping a job. Workers in South Carolina should not be denied the opportunity to continue providing for their families to satisfy the outrageous forced unionism demands of union bosses.

"All current or prospective Boeing employees who could lose their jobs may request free legal aid from National Right to Work Foundation staff attorneys by calling 1-800-336-3600."

Chicago, IL (April 20, 2011) – With free legal assistance from the National Right to Work Foundation, a Chicago nurse has filed federal unfair labor practice charges against the National Nurses United (NNU) union. The charges allege that NNU officials stopped her from opting out of certain union dues and attempted to force her to join the union.

Jennifer Heyd, a University of Chicago Medical Center nurse, was first told that she had to authorize union dues deductions and sign a NNU membership card in November of 2010. Although Heyd informed union officials that she did not want to join the union or pay full dues, NNU bosses told her that she would be fired if she did not become a member or authorize dues deductions.

Because Illinois lacks a Right to Work law, employees can be forced to pay certain union dues as a condition of employment. However, the Foundation-won Supreme Court precedent Communication Workers v. Beck holds that no employee can be charged for union activities unrelated to workplace bargaining, including dues collected for members-only events or political activism. Moreover, no worker can be forced to join a union as a condition of employment.

In January 2011, Heyd attempted to contact union officials to explain her desire to refrain from union membership. Although she received no response, Heyd contacted the union again in February to restate her opposition to joining the union and paying full dues. A union official then informed Heyd that she had to sign a membership card and authorize union dues deductions or be fired. According to the union, the payroll department would take care of Heyd’s Beck objection.

Despite this assurance and the fact that Heyd sent a letter to the union restating her Beck objection, the NNU has never responded to Heyd’s request to opt out of full dues. Moreover, other nurses in the bargaining unit were also informed that they had to join the union or be fired.

Heyd’s charges will now be investigated by the National Labor Relations Board (NLRB).

“Hard-working nurses shouldn’t be forced to pay tribute to union officials or join an organization they have no interest in supporting just to keep a job,” said Patrick Semmens, Legal Information Director for the National Right to Work Foundation. “In the midst of a controversial strike, it’s particularly important that nurses be made aware of their right to resign from union membership at any time, after which they can choose to return to work free from retaliatory union strike fines.”

Gas Utility Worker Seeks to Turn Off Forced Union Dues Pipeline for Union Boss Politics

West Virginia needs Right to Work law to protect workers from forced unionism abuses

Clarksburg, West Virginia (March 31, 2011) – A Dominion Hope utility worker has filed federal charges against a local union after union officials illegally attempted to force him into full-dues-paying union membership.

With free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, Dominion Hope employee Jeremy Dimick of West Union filed the charges with the National Labor Relations Board (NLRB) on Wednesday.

Utility Workers Union of America (UWUA) Local 69 union officials enjoy monopoly bargaining privileges over Dominion Hope’s employees. In November 2010, Dimick sent a letter to union officials stating that he was exercising his right under National Right to Work Foundation-won Supreme Court precedent in Communication Workers v. Beck to refrain from full-dues-paying union membership.

Read the entire release here.

Clarksburg, West Virginia (March 31, 2011) – A Dominion Hope utility worker has filed federal charges against a local union after union officials illegally attempted to force him into full-dues-paying union membership.

With free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, Dominion Hope employee Jeremy Dimick of West Union filed the charges with the National Labor Relations Board (NLRB) on Wednesday.

Utility Workers Union of America (UWUA) Local 69 union officials enjoy monopoly bargaining privileges over Dominion Hope’s employees. In November 2010, Dimick sent a letter to union officials stating that he was exercising his right under National Right to Work Foundation-won Supreme Court precedent in Communication Workers v. Beck to refrain from full-dues-paying union membership.

However, because West Virginia does not have a Right to Work law, workers who refrain from formal union membership can still be forced to pay a part of union dues as a condition of employment, but cannot be compelled to pay the portion used for the union’s political, lobbying, and member-only activities.

Despite Dimick’s letter, UWUA Local 69 union officials continued to extract full union dues from his paycheck. Then in December, union officials ordered him to file another objection letter and refused to provide him with a legally-required breakdown of union expenditures that had evidence that it was actually verified by an independent audit. Dimick contests the part of union fees used for forcing workers in different industries in the region into union ranks.

Meanwhile, Dimick requested that the UWUA Local 69 union hierarchy respect his First Amendment rights of free speech and let him remove the union logo patch from his uniform. Union officials refuse to honor his request.

“UWUA union officials are not only forcing workers to financially associate with their union, they are also forcing workers to act as walking billboards for an organization they do not support and want nothing to do with,” said Patrick Semmens, National Right to Work Foundation legal information director. “West Virginia desperately need a Right to Work law to protect workers from the very union bosses that claim to care about workers’ rights but clearly don’t.”

If enacted, a state Right to Work law would end compulsory union dues by making union membership and dues payment strictly voluntary. Polls consistently show that 8 in 10 Americans support the Right to Work principle, that no worker should be compelled to join a union or pay union dues to get or keep a job. Twenty-two states have already passed Right to Work protections for their workers.