29 Mar 2010

Legal Aid Foundation Demands Radical Obama-Recess Appointee to Recuse Himself from 12 Pending Cases

Posted in News Releases

Washington, DC (March 29, 2010) – After President Barack Obama installed Service Employees International Union (SEIU) lawyer Craig Becker as a recess appointee to the National Labor Relations Board (NLRB) on Saturday, National Right to Work Legal Defense Foundation attorneys are now filing 12 recusal motions asking Becker to step aside in any pending case involving the Foundation.

As associate general counsel of the SEIU, Becker directly litigated against Foundation attorneys and helped orchestrate legal strategies for SEIU affiliates across the United States, so he should recuse himself from cases involving the SEIU or its affiliates. Moreover, his published writings indicate an extreme level of hostility against the Foundation and its legal arguments on behalf of workers, even when the NLRB or United States Supreme Court have agreed and ruled against union officials for their abusive practices.

The Foundation’s free legal aid cases frequently involve unfair labor practices committed by union officials, such as coercive practices to corral workers into union membership and illegal use of fees paid by nonmembers for political purposes. Becker’s record suggests he is unable to give workers who turn to the Foundation for help an impartial hearing and instead will simply rubber-stamp whatever union boss wrongdoings are put before him.

“Craig Becker’s radical views on unionization caught the eyes of concerned citizens who normally don’t pay much attention to obscure agencies like the NLRB,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “Becker’s record shows his personal bias and animosity specifically towards our nonprofit organization and generally towards workers who reject unionization or challenge union official abuse.”

In a bipartisan vote, the Senate in February voted against moving the nomination forward over concerns of Becker’s impartiality and whether he would use his seat on the federal agency to bypass a close vote in Congress and replace the secret ballot in workplace unionization drives with intimidating card check campaigns in which union operatives harass workers into signing union authorization cards.

The coercive nature of card check drives is at the heart of some of the cases in which the Foundation has asked for Becker’s recusal. Union lawyers have devised a legal strategy to overturn Dana Corp, a landmark case won by Foundation attorneys in which the NLRB granted employees the ability to file a decertification petition and demand a secret ballot election to toss out union officials from their workplace within 45 days after an employer recognizes a monopoly bargaining agent by card check.

Becker has strongly criticized the Foundation’s mere involvement in Dana, as well as the independent discretion of the NLRB’s General Counsel to put the case before the Board. Foundation attorneys have several Dana decertification petitions pending with the NLRB, but Becker appears to have pre-judged the issues at stake.

“The National Right to Work Foundation is the only charitable organization providing free legal aid to workers victimized by union boss abuse,” continued Semmens. “These workers deserve a fair hearing.”

26 Mar 2010

Is Obama Planning an Easter Recess Appointment of Radical SEIU Lawyer Craig Becker to the NLRB?

Posted in Blog

Last month, the Senate rejected an attempt to confirm President Barack Obama’s nomination of pro-compulsory unionism radical Craig Becker to the National Labor Relations Board (NLRB). The Wall Street Journal reports that with the Senate now taking it’s Easter recess, Becker could be appointed via a recess appointment "as early as today."

As the Journal notes, a Craig Becker NLRB appointment resurrection would be disastrous to employee rights:

Mr. Becker has written extensively about the National Labor Relations Act, the law that the NLRB interprets and enforces. In a 1993 Minnesota Law Review article, he said that the "core defect in union election law . . . is the employer’s status as a party to labor representation proceedings" and that "employers should be stripped of any legally cognizable interest in their employees’ election of representatives."

In other words, you can forget about employees getting truthful and non-coercive information about the downsides of unionization.

But there’s more.  Becker has publicly argued union goons should have the privilege to repeatedly harass workers at home until the workers sign "card check" union authorization cards; advocated allowing government arbiters impose contracts on workers without even allowing the workers to vote on the contract; and has even compared union organizing elections to US Congressional elections, stating that the only question decided in such elections should be which union gets monopoly control over workers, not whether they wish to remain independent and union free.

Or as the Journal puts it, "the modern union movement is bloody-minded about the will to power and Mr. Becker is one of its fiercest partisans."

Meanwhile, Mark Mix, President of National Right to Work, expressed some additional concerns regarding Becker’s extreme forced unionism record in this morning’s Washington Times:

Mark Mix of the National Right to Work organization reports that in 2007 alone, Mr. Becker’s lawyering forced 63,000 California workers to pay union dues even after rejecting union membership. He [encouraged] repeated "home visits" for union backers, designed to pressure workers to sign public union-organizing petitions. Unions were "formed to escape the evils of individualism and individual competition. … Their actions necessarily involve coercion," Mr. Becker once explained.

To view more information on Big Labor sycophant Craig Becker’s radical views, check out this National Right to Work Committee special video report:

25 Mar 2010

Right to Work at CPAC: President Mark Mix Explains Big Labor’s Dangerous Power Grabs

Posted in TV & Radio

At the 2010 Conservative Political Action Conference, Right to Work President Mark Mix explained the dangers of Big Labor’s power grabs to a panel on job creation:

The panel also featured Representative Eric Cantor and Virginia Attorney General Ken Cucinelli.

24 Mar 2010

March/April 2010 Foundation Action Now Available Online

Posted in Blog

The March/April 2010 issue of Foundation Action is now available for download as a PDF. This is the Foundation’s official bimonthly publication that provides an excellent overview of hard-hitting legal actions being taken by Foundation attorneys every day to combat forced unionism. This issue’s top story chronicles the Foundation’s efforts to help Michigan’s home-based child-care providers fight March/April Foundation Actionback against Governor Jennifer Granholm’s corrupt government union political payback scheme.

Also in this issue: 

  • Federal Lawsuit Challenges Michigan Scheme to Impose Union on Child-Care Providers
  • Union Boss Privacy Victims Case Taken to Supreme Court
  • Make a Difference in the Fight Against Compulsory Unionism
  • Foundation Unearths Ethical Lapses in Obama Administration
  • CWA Bosses Attempt to Rig Employee Vote to Throw Union Out

In addition to to reading Foundation Action online, you can sign up to receive a free subscription by mail here.

 

22 Mar 2010

UFCW Operatives Misled Worker into Signing Union Card, Ordered Him Fired for Exercising Rights

Posted in Blog

News Release

UFCW Operatives Misled Worker into
Signing Union Card, Ordered Him Fired for Exercising Rights

Vons grocer repeatedly told UFCW union officials he objected to formal union membership

Escondido, CA (March 22, 2010) – With free legal assistance from the National Right to Work Foundation, a former Vons Grocery employee has filed unfair labor practice charges against United Food and Commercial Workers (UFCW) Local 135 union officials for misleading him into signing a union card, illegally seizing full union dues from his paycheck, and eventually ordering him fired for attempting to exercise his rights.

In September 2007, Nestor Mendez was told by union officials that he could opt out of union membership and full dues payments by filling out a union membership card and writing “Beck Decision” on top of it. Mendez followed these instructions and wrote a letter in January 2008 informing UFCW officials of his decision not to become a union member.

Under the Foundation-won Supreme Court decision Communications Workers v. Beck, employees can only be forced to pay union dues related to workplace bargaining as a condition of employment. Moreover, union officials are obligated to provide employees with a breakdown of union expenditures to determine how much objecting employees must pay.

Read the full press release for more information.

22 Mar 2010

UFCW Operatives Misled Worker into Signing Union Card, Ordered Him Fired for Exercising Rights

Posted in News Releases

Escondido, CA (March 22, 2010) – With free legal assistance from the National Right to Work Foundation, a former Vons Grocery employee has filed unfair labor practice charges against United Food and Commercial Workers (UFCW) Local 135 union officials for misleading him into signing a union card, illegally seizing full union dues from his paycheck, and eventually ordering him fired for attempting to exercise his rights.

In September 2007, Nestor Mendez was told by union officials that he could opt out of union membership and full dues payments by filling out a union membership card and writing “Beck Decision” on top of it. Mendez followed these instructions and wrote a letter in January 2008 informing UFCW officials of his decision not to become a union member.

Under the Foundation-won Supreme Court decision Communications Workers v. Beck, employees can only be forced to pay union dues related to workplace bargaining as a condition of employment. Moreover, union officials are obligated to provide employees with a breakdown of union expenditures to determine how much objecting employees must pay.

Despite his repeated objections, UFCW operatives demanded Mendez pay full union dues, a union initiation fee, and a membership reinstatement fee in the fall of 2009. UFCW officials also failed to provide Mendez with an independent breakdown of union finances.

Although Mendez paid the amount he believed he was required, union officials refused to honor his check and continued to insist he pay the full amount. At union officials’ insistence, Mendez was fired for refusing to pay union membership dues on December 14, 2009.

Mendez’s unfair labor practice charges seek financial compensation for lost wages and reinstatement of his position at Vons Grocery. The charges will now be investigated by the National Labor Relations Board (NLRB).

“Union officials have to resort to trickery and deception when they can’t persuade workers to join a union of their own free will,” said Patrick Semmens, legal information director of the National Right to Work Legal Defense Foundation. “If union organizers will go this far to coerce a worker into signing a union card to collect a few more dollars, we can only imagine how widespread union intimidation and abuse are during a card check drive when dues from an entire workplace are at stake.”

Under the proposed Card Check Forced Unionism Bill pending in Congress, the secret ballot for unionization elections would be replaced by a system that allows union organizers to personally solicit union authorization cards from employees similar to the union membership card UFCW operatives tricked Mendez into signing.

16 Mar 2010

Right to Work Attorneys File Final Brief Asking Supreme Court to Take Up Union Boss Religious Discrimination Case

Posted in Blog

Regular Freedom@Work readers may remember the case of Jeffrey Reed, a Michigan employee fighting to end religious discrimination in his workplace. With free legal assistance from Right to Work attorneys, Reed is asking the United States Supreme Court to review a United Auto Workers (UAW) union policy that forces religious objectors to pay more union dues than workers who object to union activities on secular grounds.

Foundation litigators recently responded to the UAW’s final arguments opposing the Supreme Court granting certiorari and hearing Reed’s case. The Foundation’s brief notes that UAW officials forced Reed to pay an additional $100 premium and 22 percent more dues than workers who object to union activities on secular grounds. UAW members and secular objectors are allowed to pay an amount less than full dues if they wish to withdraw their financial support from the UAW’s political activities. As a religious objector, however, Reed is forced to redirect the dollar equivalent of full union membership dues to a third party charity as a condition of his continued employment.

Foundation attorneys also argue that Reed should not have to be disciplined or fired for failing to pay additional dues for the UAW’s policy to constitute religious discrimination. Because this has serious implications for religious objectors in workplaces across America, several organizations have filed amicus curiae briefs in support of the Foundation’s petition, including a joint brief from the Ethics and Religious Liberty Commission of the Southern Baptist Convention and the General Conference of the Seventh-day Adventists and the Center for Constitutional Jurisprudence. The Foundation’s original petition for a writ of certiorari can be found here, the UAW’s response here, and the Foundation’s final reply brief here

Although the Supreme Court grants cert to only a few cases each year, Right to Work attorneys are hopeful that the Justices will take up this case to clarify a previously muddled body of law. We anticipate receiving final word on the Court’s decision as soon as early April.

16 Mar 2010

Right to Work on the Radio: Obama Administration Executive Order to Blacklist Nonunion Employees

Posted in Blog

Right to Work President Mark Mix sat down with American Family Radio to discuss the Obama Administration’s attempt to blacklist nonunion contractors and employees. Click here to listen or use the embedded player below:

You can also listen to the Foundation’s podcast via iTunes or manually subscribe to the feed.

 

15 Mar 2010

NEWS RELEASE: Pittsburgh Machinists Overcome Union Officials’ Attempts to Block Vote and Eject Unwanted Union

Posted in Blog

Despite union lawyers’ obstruction, workers vote to “decertify” United Electrical union bosses

Pittsburgh, PA (March 12, 2009) – With free legal assistance from the National Right to Work Foundation, Pittsburgh Precision Turned Products employees recently overcame frivolous union boss blocking charges to eject the United Electrical, Radio and Machine Workers of America (UE) Local 623 union.

In November 2009, Kathleen Lobodinsky, an employee at Precision Turned Products, solicited signatures from coworkers to hold an election to eject Local 623 from their workplace. Instead of defending their presence to employees, union officials responded by filing spurious blocking charges with the National Labor Relations Board(NLRB), alleging that company officials unlawfully assisted Lobodinsky’s efforts to collect employee signatures.

Click here to read the rest . . .

15 Mar 2010

Right to Work Podcast: Beware the Police and Firefighter Monopoly Bargaining Bill

Posted in Blog

Right to Work Vice President Doug Stafford sat down with nationally-syndicated radio host Lars Larson to discuss Big Labor’s Police and Firefighter Monopoly Bargaining Bill. Click here to listen or use the embedded player below:

You can also listen to the Foundation’s podcast via iTunes or manually subscribe to the feed.