Starbucks Worker’s Brief: Proceed with Vote to Remove Union Opposed by Majority of Workers
Labor Board asked to reject union-backed move to disenfranchise majority of workers who petitioned for decertification election
New York, NY (June 2, 2023) – National Right to Work Legal Defense Foundation staff attorneys have filed a brief with National Labor Relations Board (NLRB) Region 2 asking the NLRB not to dismiss the worker-led decertification effort. The brief is part of the case that began when Manhattan Starbucks Roastery worker Kevin Caesar filed a decertification petition with the NLRB seeking a secret-ballot election to end union officials’ so-called “representation.”
Caesar’s petition, which was filed on May 9, has the support of a majority of his coworkers who want to remove Starbucks Workers United (SBWU) from their workplace. Caesar is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
“We have seen our workplace both with and without the union. We believe that the union is looking out for itself more than it is looking out for Starbucks partners, who do not want forced dues and can advocate for ourselves. That is why a majority of us have decided we would be better off without the union. The fact that the union officials have forced us to go through this decertification process despite the majority of workers stating they do not want to be represented by this union shows how little regard the union has for the will of the workers. We call on union officials to respect our rights and not attempt to fight this vote,” stated Caesar.
Under federal law, workers can trigger an NLRB-supervised decertification election with the signatures of 30% or more of the employees in a workplace. Caesar and his Roastery co-workers’ petition meets the criteria.
However, on May 18, 2023, NLRB Region 2 officials ordered each party to file briefs to determine whether or not to process the decertification petition by the Starbucks Roastery employees. The order suggests that unfair labor practice charge allegations filed by Workers United, an affiliate of Service Employees International Union (SEIU), could stop the petition from being processed. Such claims are often filed with the purpose of completely derailing employee decertification efforts, like the one taking place at the Starbucks Roastery.
In response to this order, Caesar’s Foundation staff attorneys filed a brief, emphasizing the wishes of the employees to continue with the decertification process and the importance of not trapping workers under monopoly union representation that lacks the support of a majority of the workers. This is a fundamental principle of the National Labor Relations Act that the NLRB is charged with enforcing.
“The policy of the Act is not to promote unionism per se; rather, it is to protect employees in their choice of representative,” the brief states. “Dismissing the decertification petition would disregard Petitioner’s and his colleagues protected statutory right to not associate with a union and benefit the Union at the expense of employee rights. Petitioner’s efforts to collect signatures and secure the backing of a majority of his colleagues on his showing of interest should not be so easily disregarded.”
The filing also describes the workers’ reasoning for wanting to exercise their right to remove the union: “Caesar filed a petition to decertify the Union. His petition was supported by a showing of interest indicating a majority of employees no longer want Union representation. Caesar does want to be represented by the Union because, in his opinion, the Union is self-interested, divisive, and unfocused on New York Roastery employees. He does not want to be forced to pay dues and prefers to advocate for himself, rather than have a third party do so.”
The decertification petition at Starbucks Roastery is just the latest employee decertification effort at Starbucks. In just two weeks, three different Starbucks locations in New York filed decertification petitions. Foundation staff attorneys also represent the petitioner in the Buffalo case.
The Foundation has also issued a legal notice to all Starbucks employees, offering free legal aid to any worker who may be interested in decertifying SBWU at their workplace and informs them of their rights in the workplace.
“If union officials cared about the actual wishes of rank-and-file Starbucks Roastery team members they would not be seeking to disenfranchise them by stopping a vote from taking place,” commented National Right to Work Legal Defense Foundation President Mark Mix. “The workers who oppose the union did nothing wrong, and the NLRB should reject attempts to strip them of their right to vote the union out.”
Foundation Issues Statement on Glacier Northwest SCOTUS Decision
The Supreme Court of the United States has just ruled that union bosses who orchestrate property damage as part of a strike order aren’t immune to liability in state court.
In Glacier Northwest v. International Brotherhood of Teamsters Local 174, an 8-1 SCOTUS majority rejected Teamsters officials’ argument that the National Labor Relations Act (NLRA) prevented Glacier Northwest, a Washington State-based concrete company, from suing the union in state court for ordering cement truck drivers to abandon their trucks and leave copious amounts of cement spoiled and completely unusable.
National Right to Work Foundation President Mark Mix issued the following statement on the ruling:
The Supreme Court correctly ruled that union officials should not be granted immunity from state lawsuits over deliberate property damage perpetrated during union strike actions. The issue in Glacier Northwest, however, represents only the tip of the iceberg when it comes to union bosses’ special legal privileges – especially concerning the powers union officials have over rank-and-file workers.
As the Foundation noted in its amicus brief in the case, beyond the issue of deliberate property damage, union officials have vast special powers and immunities that no other private entity or individual enjoys. This long list includes not only forcing workers under union ‘representation’ they oppose and then extorting workers to pay union fees or else be fired, but also a court-created exemption from federal prosecution for extortionate violence if it is pursued for so-called ‘legitimate union objectives.’
Ultimately, this case shows how far courts and lawmakers have to go in order to level the playing field and stop allowing union bosses to play by a different set of rules from those that apply to all other citizens and private entities.
The Foundation’s amicus brief in Glacier Northwest can be viewed here. Mark also penned an op-ed for Fox News explaining the breadth and depth of union boss legal privileges.
Full Foundation Action March/April 2023 Newsletter Now Online
All articles from the March/April issue of Foundation Action are now on the website.
In this issue:
- San Francisco Security Officer Battles Illegal SEIU Union Boss Discrimination
- With Foundation Aid, Mayo Clinic Nurses Defeat Forced Union Dues Requirement
- Northwest Ohio Employees File Suit to Knock Down Another Janus Restriction
- Illinois Security Officer Defends Janus Rights Amidst Union Discrimination
- Mark Mix’s Fox News Op-Ed: “Union bosses get away with things you or I wouldn’t. Supreme Court should roll back special privileges”
Recent articles can be found here. To sign up for a free copy of the newsletter via mail please see the form at the bottom of this page.
National Right to Work Foundation Issues Legal Notice to Starbucks Employees as Multiple Locations Seek to Boot Unions
Notice contains details on how employees can petition for union decertification vote, as well as how to resign membership and cut off dues
Washington, DC (May 23, 2023) – After being in contact with multiple Starbucks workers, the National Right to Work Legal Defense Foundation today issued a special legal notice to Starbucks employees who are interested in removing union control in their workplace. The legal notice is available at the Foundation’s website here: https://www.nrtw.org/starbucks/.
The Right to Work Foundation is the nation’s premier organization dedicated to defending workers whose rights have been violated by forced unionism abuses. Foundation staff attorneys are already assisting Starbucks employees at the Starbucks Reserve Roastery in Manhattan, NY, in exercising their right to vote unwanted union officials out of their store, and similar efforts are taking place at Starbucks locations in Buffalo, NY, and Rochester, NY. At the New York Roastery location, a majority of the employees signed the petition asking for a vote to remove the union.
“The Foundation wants you to learn about your legal rights from independent sources,” the notice says. “You should not rely on what self-interested union officials tell you.”
In Addition to Seeking to Vote Out Union, Employees Can Take Individual Steps to Resist Union Activity
The legal notice advises Starbucks workers of their right to petition the National Labor Relations Board (NLRB) to hold a vote among employees on whether a resident union should be ousted from the workplace, a process known as a decertification vote. However, it cautions workers that this process is complex and prone to manipulation from union officials, and for that reason workers should consider obtaining Foundation legal aid in navigating the process.
The notice also advises employees of actions they can take as individuals to disaffiliate from the union, including how to exercise their right to resign union membership, revoke cards authorizing direct union dues deductions, and potentially stop funding union activities. The notice provides sample letters to workers interested in exercising those rights.
“If you work in a state that lacks Right to Work protections, union officials with a monopoly bargaining agreement can unfortunately force you to pay some union fees in order to keep your job. However, there are still limitations on how much and under what circumstances you can legally be required to pay,” the notice reads, while counseling such workers of their right to cut off dues payments for union politics as per the Foundation-won CWA v. Beck Supreme Court decision. “If you work in a state with Right to Work protections, you have a right to opt-out of all union financial support.”
“As many Starbucks locations pass the one-year anniversary of unionization, Starbucks employees are now able to hold votes to remove the union, a right many are now seeking to exercise,” commented National Right to Work Legal Defense Foundation President Mark Mix. “No one who claims to be pro-worker should oppose simply letting these workers hold a secret ballot vote to determine if they oppose union affiliation.”
“Unfortunately, between union officials who prioritize their own power over the wishes of rank-and-file workers, and an NLRB that is actively seeking to make it harder for workers to even hold decertification votes, it is more important than ever that workers fully understand these legal issues,” Mix added. “That’s why workers should carefully read our legal notice and know that they can request free legal aid from the National Right to Work Foundation for help in protecting their legal rights.”
National Right to Work Foundation Attorney Testifies Before Congress, Spotlighting NLRB Push for Coercive ‘Card Check’
Experienced worker attorney blasts NLRB effort to rewrite the law to eliminate secret ballot votes & trap workers in unions they oppose
Washington, D.C. (May 23, 2023) – Today, National Right to Work Foundation staff attorney Aaron Solem will testify in front of the House Subcommittee on Health, Employment, Labor, and Pensions chaired by Representative Bob Good. Solem’s testimony will highlight the growing issues with the National Labor Relations Board (NLRB) and how the current NLRB and NLRB General Counsel are undermining the rights of workers in order to grant union bosses more coercive power.
Solem’s testimony emphasizes a growing number of NLRB failures to protect employees’ rights in the workplace, including General Counsel Jennifer Abruzzo’s plan to eliminate secret ballot elections and mandate unionization based on coercive “card check.” Solem’s testimony also blasts the NLRB for attempting to repeal restrictions which make it easier for union officials to file “blocking charges,” which can delay or block decertification elections no matter how many workers have signed a petition requesting a vote and opposes the union’s so-called “representation”:
“NLRB General Counsel Abruzzo, the Biden-appointed majority on the NLRB, and even some in this Congress are attempting to undermine employee free choice by ending or limiting the secret ballot. General Counsel Abruzzo is seeking to virtually end secret ballot elections and mandate unreliable, undemocratic union card checks as the primary method of union selection. The Board is also making it harder to oust a minority union by bringing back the disreputed and heavily criticized ‘blocking charge’ policy. This policy will make it harder for individual employees to decertify unwanted unions through secret ballot elections, even if 100% of the employees no longer wish to be represented.”
After highlighting the egregious dissolution of employee rights happening under Abruzzo and the Biden Administration, Solem suggested some reforms Congress could make to strengthen the freedoms of rank-and-file workers, including those he represents in cases before the NLRB:
“Rather than ratify the Board and General Counsel’s attempts to undermine secret ballot elections and entrench unpopular unions, this Committee should look to other solutions. Those solutions should grant employees more choices—ideally, the choice not to be forced to pay dues to a union. At the very least, the solution should guarantee employees a right to vote in a secret ballot election. These are far better solutions than the divisive policies being pursued by the Biden Administration and its politically-motivated appointees to the Board.”
Solem testified alongside former NLRB Member Phil Miscimarra, small business owner Cecil Leedy, and forced union dues-funded CWA lawyer Angela Thompson.
“Union bosses should not be given the power to force workers under their so-called ‘representation’ without even a secret ballot election,” observed National Right to Work Foundation President Mark Mix. “More scrutiny is needed of the Biden NLRB, which time after time seems to be acting like taxpayer-funded organizing for Big Labor, rather than a neutral arbiter of a law that is supposed to protect the legal rights of workers who are opposed to unionization.”
PHL Guava & Java Employees Overcome ‘Widespread Union Intimidation Campaign,’ Vote Out UNITE HERE Union
Guava & Java workers in the Philadelphia Airport vote overwhelmingly to remove union despite reported intimidation campaign by union agents
Philadelphia, PA (May 22, 2023) – Workers at the Guava & Java store in the Philadelphia Airport have voted to remove the UNITE HERE Local 274 union by an overwhelming majority. The vote follows a petition submitted by Guava & Java employee Shaneisha Brown with the National Labor Relations Board (NLRB). Brown is receiving free legal aid from the National Right to Work Legal Defense Foundation.
Brown filed the petition with the NLRB on March 30, 2023, with a significant number of her coworkers’ support. After the petition was filed and verified, the NLRB scheduled the election to be held on May 11.
With an overwhelming majority of 32-9, the workers at Guava & Java voted to remove UNITE HERE Local 274 from their workplace. In doing so, they overcame a union campaign that, according to employee reports, included electioneering tactics that violated longstanding NLRB rules. The union filed no objections to the result by the May 18 deadline, and the workers are now officially union-free.
The workers at Guava & Java are the latest of many workers to be dissatisfied with union coercion. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort than their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“We are extremely pleased to assist the Guava & Java workers in exercising their rights to remove an unwanted union from their workplace,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “We are appalled, however, by the reports of heavy-handed union tactics on election day. The Foundation will continue to assist workers who wish to decertify unwanted unions, no matter what prohibited conduct union officials may attempt to engage in while trying to dissuade employees from voting out a union they oppose. We encourage all employees at the Philadelphia International Airport who have questions about decertification elections to contact the Foundation.”
Grand Rapids TerryBerry Workers Vote to Remove Unwanted Machinists Union from Workplace
Once final, vote to boot IAM union officials strips union of ability to impose forced dues in wake of Right to Work repeal legislation
Grand Rapids, MI (May 16, 2023) – Workers at the TerryBerry Company in Michigan recently voted to remove International Association of Machinist of Aerospace Engineers (IAM) District Lodge 60/Local Lodge 475 union officials’ forced representation powers. A petition filed by Mary Soltysiak with the National Labor Relations Board Region 7 (NLRB) led to this successful vote. Soltysiak received free legal aid from the National Right to Work Legal Defense Foundation.
Mary Soltysiak and her coworkers at TerryBerry Company filed for a decertification vote on April 14, 2023, with free legal aid from National Right to Work Legal Defense Foundation staff attorneys. Her decertification petition contained signatures of a majority of the employees in the unit. Soltysiak has been under the protections of the Michigan Right to Work law since 2018.
Under federal labor law, workers can trigger such a decertification vote with the support of 30% of workers in a unionized workplace. The NLRB should then promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on workers. The NLRB scheduled a vote for May 15, 2023.
On May 15, TerryBerry employees made their position on the union clear, voting to remove the union from their workplace. Barring any objections by union officials that seek to overturn the vote, the workers will be officially free of the union in one week.
The workers’ decertification petition comes in the wake of Michigan legislators ramming through a bill to repeal their state’s decade-old and highly popular Right to Work law. When the repeal law takes effect, union officials will once again have the power to force workers to pay up or be fired in workplaces where the union has forced “representation” powers. Luckily for Soltysiak and her coworkers, however, due to the successful decertification vote they will continue to be free of union coercion.
The TerryBerry decertification is one example of growing distrust in unionization, especially in Michigan. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“As Michigan workers again face the prospect of mandatory union dues, we expect more will follow these TerryBerry workers and seek to decertify unions,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “Numerous polls showed that Michigan voters overwhelmingly supported Michigan’s Right to Work law, which doesn’t prevent a single person from voluntarily joining or paying dues to a union, but merely protects workers from being fired for non-payment.”
“Being forced under a union you oppose is bad enough, but then being told to pay up or be fired is even worse,” continued Mix. “Michigan workers can turn to the National Right to Work Foundation staff attorneys who stand ready to assist them in exercising their right to decertify unwanted unions.”
Second Group of Mankato Mayo Clinic Employees Petition for Vote to Oust Union from Workplace
Nursing support staff and others in 200-person unit demand vote to remove AFSCME union officials after nurses voted MNA union out last summer
Mankato, MN (May 12, 2023) – Less than a year after Mankato Mayo Clinic nurses voted the Minnesota Nurses Association (MNA) union out of the facility, Mankato Mayo nursing support staff, clerical staff, and environmental staff are undertaking a similar effort. Mankato Mayo employee Melody Morris, with free legal aid from National Right to Work Foundation staff attorneys, filed a petition on May 9 asking the National Labor Relations Board (NLRB) to hold a vote at the clinic on whether American Federation of State, County, and Municipal Employees (AFSCME) officials should be removed.
A majority of Morris’ colleagues within the work unit under the control of AFSCME union officials supported her petition. Under NLRB rules, a union “decertification” petition containing the signatures of at least 30% of workers in a unit is enough to prompt the NLRB to administer a union decertification election.
Workers often seek free legal assistance from the National Right to Work Foundation in exercising their right to vote out an unpopular union because the NLRB’s process for doing so is convoluted and prone to union boss gamesmanship. The right to decertify is especially important for Mankato Mayo Clinic employees and other workers across Minnesota because, due to the state’s lack of Right to Work protections, union officials can force workers under their control to pay dues as a condition of getting or keeping a job. In contrast, in Right to Work states, union membership and all union financial support are strictly voluntary.
The Foundation-backed 2020 NLRB “Election Protection Rule” curtailed the non-statutory “blocking charge” policy that union bosses used to prevent rank-and-file employees from exercising their right to vote out a union. Prior to the rule, union officials could easily manipulate such “blocking charges” to stop workers’ requested votes from taking place for months or even years by making one or multiple unproven allegations against the employer.
The “Election Protection Rule” stopped the most common blocking charge tactics used by union lawyers to stall worker-requested votes, and in most cases permitted the immediate release of the vote tally. Despite numbers showing increased worker interest in voting out unwanted union officials across the country, Biden-appointed NLRB officials in Washington have initiated rulemaking to roll back the Foundation-backed reforms, including those targeting “blocking charges.”
More and More Minnesota Healthcare Workers Dissociate from Union Officials
Morris and her colleagues’ petition comes amid a surge in interest among Minnesota healthcare employees in exercising their right to vote out union officials they oppose. In addition to Mankato Mayo Clinic nurses, nurses from Mayo’s St. James, MN, branch removed the AFSCME Council 65 union from their hospital last August with Foundation aid. Employees from four Cuyuna Regional Medical Center locations across the Brainerd Lakes region of Minnesota also sought Foundation aid in their decertification effort against Service Employees International Union (SEIU) officials last year.
Minnesota union officials seem unwilling to examine why growing numbers of workers want them ousted. A Minnesota Reformer profile on MNA President Mary Turner reported that Turner believes “it’s the nurses in Mankato, not the union, who need to change their approach,” and also quoted her as saying that Mankato Mayo nurses “[are] going to have to prove to us that they want the union because they lost it.”
“Minnesota healthcare workers may have any number of reasons for opposing monopoly union ‘representation’ in their workplaces: divisive union politics, inefficient work rules, or strikes that take them away from patients,” commented National Right to Work Foundation President Mark Mix. “But one thing is for certain: They are increasingly exercising their right to boot out unwanted unions, and the push from union officials and their allies at the highest levels of government to coerce and trap workers in unions shows a preference for power over worker freedom.”
“Minnesota employees who are interested in exercising their right to be free of union control should contact Foundation staff attorneys for free help in exercising their rights,” Mix added.
Starbucks Roastery Workers Move to Oust Union after One Year
NYC Starbucks employees file petition to decertify SEIU union affiliate after just one year under the union’s compulsory ‘representation’
New York, NY (May 10, 2023) – A Starbucks Roastery worker in Chelsea, Manhattan recently filed a petition for a vote on whether to remove NY-NJ Regional Joint Board, Workers United, an affiliate of Service Employees International Union (SEIU). The petition, submitted with the National Labor Relations Board (NLRB), was filed by Kevin Caesar. Caesar is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
On May 9, 2023, Starbucks employee Caesar filed the decertification petition to obtain a vote on whether to remove the union, often called Starbucks Workers United (SBWU) from their workplace. After being unionized for just over one year, the workers have had enough of the union and believe they would be better off without it. Under the National Labor Relations Act, which the NLRB is charged with enforcing, workers must wait one year after a unionization vote before they can seek another vote, such as the decertification election Caesar and his coworkers have demanded.
With the petition filed, the NLRB should now promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on the workers. If a majority vote against the union, the workers will join the vast majority of Starbucks workers across the country who are free from union boss-control.
The Starbucks workers are just the latest example of growing dissatisfaction with union officials’ “representation.” Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
Unfortunately, the NLRB’s union decertification process is prone to union boss-created roadblocks, which can impact the Starbucks workers if union officials plot to stay in power regardless of workers’ wishes. Foundation-backed NLRB reforms from 2020 have made it somewhat easier for workers to escape unwanted union “representation,” such as the “Election Protection Rule” that prevents union bosses from filing trumped-up “blocking charges” to delay or stop decertification elections entirely.
Prior to these Foundation-backed reforms, workers often had their decertification votes delayed by unproven union blocking charges, giving union bosses the power to trap workers in union ranks they oppose nearly indefinitely. Under the Foundation-backed reforms, most votes take place promptly, with union blocking claims adjudicated after the votes have been counted. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder for workers to decertify a union.
“No worker anywhere should be forced under so-called union ‘representation’ they oppose,” commented National Right to Work Foundation President Mark Mix. “Starbucks workers around the nation that also fall victim to union tyranny should know they can turn to Foundation staff attorneys for assistance.”
“While we are happy that the Starbucks workers are able to take their first steps in exercising their rights oust an unwanted union, we call on SBWU union officials not to attempt to block or otherwise interfere with the rank-and-file workers’ right to hold this vote,” continued Mix. “Union bosses should not be allowed to keep their grip on power simply by disenfranchising those they claim to ‘represent.’”
Illinois Security Officer Defends Janus Rights Amidst Union Discrimination
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Union officials sought to coerce membership by preventing non-members from defending their jobs
Foundation attorneys aided Illinois public employee Mark Janus with former Illinois Governor Bruce Rauner (right) in his landmark First Amendment victory. But Foundation attorneys often must fight to enforce Janus rights, as in Chris Logan’s case.
CHICAGO, IL – The National Right to Work Foundation’s landmark Supreme Court victory in Janus v. AFSCME was a milestone for public sector workers. For the first time, the Court recognized that every American public sector worker had the constitutional right to cut off dues to a union they oppose.
Even with this important First Amendment protection, however, union bosses unfortunately still wield an enormous amount of power over workers who have ended their affiliation with the union. Because of laws that authorize monopoly union “representation” in the public sector, union officials still have significant control over independent-minded employees’ working conditions, pay, benefits, and more.
City of Chicago aviation security officer Chris Logan discovered just how painful Illinois Council of Police (ICOP) union bosses could make life for him after he exercised his Janus rights. In 2020, following a dispute about his job performance, Logan took action to protect his job under the terms of his employment contract, only to have union bosses exploit the opportunity to attack Logan. The union would not allow Logan to file a grievance to protect his job unless he joined the union.
Officer Challenges Discriminatory Grievance Scheme with Foundation Aid
“ICOP union officials basically tried to force me to join and pay dues to the union by making it impossible for me to defend my job otherwise,” commented Logan. “I exercised my Janus rights and left the union because I didn’t think that ICOP officials were good ‘representatives’ of me or my coworkers.”
“Instead of trying to win back my support voluntarily, union bosses used their power to deprive me of all options when I tried to defend my job — I couldn’t even file or arbitrate a grievance myself,” Logan added. “In my mind, that simply confirms I made the right decision when I left this union.”
However, with free legal representation from National Right to Work Legal Defense Foundation staff attorneys, Logan won a decision from the Illinois Labor Relations Board (ILRB) in late 2022 that decisively declared ICOP officials’ “members only” grievance scheme illegally discriminatory against non-members.
Logan first exercised his Janus rights in October 2019, telling the union by letter that he no longer wished to pay union dues. Throughout 2020, Logan faced allegations about his job — possibly instigated by union militants. Per the union monopoly agreement he was subjected to, he tried to get union officials to fulfill their role, as monopoly “representatives” of the workplace, to file grievances challenging the City of Chicago’s disciplinary actions against him.
Union officials who maintain “monopoly bargaining power” in a workplace can legally impose their control over every worker, even those who have disaffiliated with the union. Because of this privilege, however, they are also legally obligated not to discriminate against non-members when it comes to grievances or other matters. However, as Logan discovered, union officials regularly ignore this “duty of fair representation.”
Union Officials Completely Ignored ‘Fair Representation’ Legal Obligation
ICOP union officials summarily rejected all of Logan’s requests to file grievances, and even told him that he could not file grievances himself. At one point, after an ICOP union official sent Logan an email falsely claiming the union had no legal obligation to participate because Logan had exercised his Janus rights, the ICOP lawyer chimed in to tell Logan, “I concur. Good luck.” The union stated it would not file grievances for Logan simply because he was a non-member.
Logan filed unfair labor practice charges against ICOP and the City of Chicago in August 2020, maintaining that the union’s actions were illegal. An ILRB Administrative Law Judge agreed with Logan’s charges in May 2022, declaring that ICOP “violated [Illinois labor law] when its agents restrained or coerced the Charging Party in the exercise of rights . . . by threatening to deny the Charging Party equal representation in the disciplinary and grievance matters.” The ILRB later adopted this ruling, leading to Logan’s Foundation-won victory when union officials did not attempt to appeal the decision to Illinois state court.
Monopoly Bargaining Powers Open Door to Corruption
“Union bosses maintain unilateral control over workers under a ‘monopoly bargaining’ regime,” commented National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse. “For public sector workers across the country, Janus is the only check they can use against this power, and even then they could face retaliation for doing so.”
“Cases like Mr. Logan’s, where union bosses used their bargaining powers to discriminate against a worker who exercised Janus rights, ought to make our elected leaders reconsider how much privilege our laws grant unions,” LaJeunesse added.
