3 Apr 2009

Federal Labor Board to Prosecute Tenet Healthcare for Scheme to Sweep Nurses into Unionization

Posted in News Releases

Houston, Texas (April 3, 2009) – National Labor Relations Board (NLRB) prosecutors have filed a complaint this week against Tenet Healthcare Corporation after it entered into a backroom deal with union officials designed to force nurses into union ranks at multiple Houston-area hospitals.

With free legal assistance from the National Right to Work Foundation, two Houston-area nurses, Esther Marissa Cuellar, a nurse at Tenet’s Cypress Fairbanks Medical Center, and Linda D. Bertrand, a nurse at Tenet’s Park Plaza Hospital and Medical Center, filed unfair labor practice charges alleging that an “Election Procedures Arrangement” (EPA) Tenet and California Nurses Association (CNA) union officials secretly established violates employees’ rights.

The unfair labor practice charges also allege that Tenet officials provided CNA union operatives with unlawful organizing assistance in violation of federal statutes: In Tenet healthcare facilities, outside union organizers are given free reign to aggressively push for a union presence; but Tenet nurses who oppose unionization, on the other hand, are forbidden from using Tenet facilities to express their views.

The NLRB regional office in Fort Worth consolidated the two nurses’ charges and filed a formal complaint against Tenet Healthcare Corporation. Trial proceedings in the case are scheduled to take place before an NLRB Administrative Law Judge at the NLRB Courtroom in Houston on May 26.

“CNA union bosses and complicit Tenet Corporation officials must be held accountable for this scheme to push nurses into union ranks,” said Stefan Gleason, vice president of the National Right to Work Foundation. “CNA union bosses are pursuing a coercive organizing campaign – making it more difficult for employees to resist the CNA’s professional union organizers – to force unwilling nurses across the state of Texas and our country into forced-dues-paying union ranks.”

To date, CNA union organizers have successfully obtained monopoly bargaining privileges at one Houston-area Tenet healthcare facility under similarly controversial circumstances and have expanded their coercive organizing efforts in Tenet facilities nationwide. Recently a Philadelphia, Pennsylvania-area registered nurse, with help from National Right to Work Foundation attorneys, filed similar unfair labor practice charges against Tenet and CNA union officials.

2 Apr 2009

Hospital Employee Challenges Employer’s Backroom Deal with Union Operatives

Posted in Blog

Regular Freedom@Work readers may remember the Foundation’s ongoing efforts helping nurses fight back against the California Nurses Association (CNA) union’s coercive organizing drives at Houston and Philadelphia-area healthcare facilities.

Now an employee at Hahnemann University Hospital in Philadelphia has again stepped forward, filing unfair labor practice charges against Tenet Healthcare Corporation for giving CNA operatives preferential access to company property for the purposes of union organizing. Previous Foundation unfair labor practice charges also allege union organizers are engaging in illegal prerecognition bargaining: in exchange for company assistance, union officials may have agreed to terms and conditions of employment on behalf of workers they don’t even have the power to represent yet.

Here’s a copy of the Foundation’s unfair labor practice charges (.pdf). And here’s a link to the Foundation’s video on coercive CNA organizing in Houston. 

1 Apr 2009

Statement: Washington State Court Blocks Compulsory Unionism Power Grab at FedEx Ground

Posted in Blog, News Releases

The following is a statement from Stefan Gleason, Vice President of the National Right to Work Legal Defense Foundation, regarding today’s Washington Superior Court ruling in Anfinson v. FedEx Ground. The court ruled the plaintiffs are independent contractors and are not therefore "employees."

"This case is nothing more than a Trojan Horse — a union organizing tactic brought by lawyers allied with UPS and organized labor. The real goal of this litigation is to force FedEx Ground independent contractors out of business and instead turn them into ’employees’ for purposes of forced unionization.

"Union bosses are desperately grabbing for more forced union dues — and meanwhile UPS is buckling under pressure from its non-union competition.

"But they know that federal forced unionism laws do not give union bosses the ability to shove independent contractors into union ranks, so this case was simply brought to impose a change in the drivers’ status.

"We’re pleased that the court ruling will have the effect of protecting drivers who may wish to refrain from union affiliation from being compelled by federal labor laws to join or support a union."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in close to 200 cases nationwide.

31 Mar 2009

Obama: “Tear Down This Notice!” Executive Order To Keep Employees In the Dark Takes Effect

Posted in Blog

Regular Freedom@Work readers will remember our extensive coverage of Barack Obama’s numerous executive orders (during the first month of his Presidency) paying back union bosses for their efforts getting him into the White House.

Yesterday, a provision in Obama’s January 30 executive order took effect — revoking former-President Bush’s February 2001 executive order which required federal contractors to post notices in the workplace simply informing employees of their right to refrain from formal, dues paying union membership and withhold forced dues for everything but the documented cost of collective bargaining. 

The Obama directive is intended to ensure millions of workers do not learn of their right, won in the National Right to Work Foundation’s precedent-setting U.S. Supreme Court victory Communication Workers v. Beck, to withhold forced union dues earmarked for union politics, lobbying, and other non-bargaining activities.

This is just the first of many steps by Barack Obama and his Big Labor cronies (for example, his Labor Secretary Hilda Solis) are already taking to help union bosses to seize more forced dues revenue to fund Big Labor’s political agenda.

30 Mar 2009

UPS-Teamsters Conspiracy to Coerce FedEx Employees into Union Ranks Recalls Ugly Union Violence

Posted in Blog

The woefully misnamed Employee Free Choice Act (better known as the Card Check Forced Unionism Bill) isn’t the only proposed union boss power grab pending in Congress. Big Labor’s high command is always looking for new ways to force more workers into dues-paying ranks — pushing bills from Card Check Forced Unionism to Police and Fire Monopoly Bargaining.

Now, Teamsters union bosses and UPS executives are lobbying Congress to grease the rails for unionization at FedEx, UPS’ chief rival (for background, see this article in Wednesday’s Wall Street Journal).  Collusion between Teamsters union brass and UPS is nothing new — in fact, independent-minded UPS employees have frequently turned to staff attorneys with the National Right to Work Foundation reporting violations of their rights by both union bosses and the company, including coervice card check campaigns approved by UPS executives.

Many UPS employees who have exercised to refrain from formal union membership have nonetheless been forced to contribute to a "Strike and Defense Fund," which bars benefits to nonmembers. Of course, it was Teamsters union bosses who had no choice but to settle a lawsuit filed by UPS driver Rod Carter, a man union militants severely beat and stabbed for choosing to work during a strike to support his family (union officials also used union funds to bail the assailants out of jail).

With stories like these, it’s little wonder Americans oppose giving union bosses even more government-granted special privileges.

30 Mar 2009

Finally Forced By Employees to Stand For Election, SEIU Union Bosses Walk Away To Avoid Humiliation

Posted in Blog

Two years ago, an employee at a San Diego-area childrens’ hospital filed a union decertification petition to eject an unwanted SEIU local. Instead of submitting to a formal decertification election, SEIU union officials filed a series of frivolous "blocking charges" in an attempt to indefinitely delay any decision.

After years of legal wrangling, however, the SEIU’s charges were finally resolved. But rather than face a union decertification election, SEIU officials opted to withdraw from the bargaining unit, knowing full well that they’d lose employees’ votes by a wide margin.

This is the paradox of union "representation": instead of allowing themselves to be held accountable to workers through a secret ballot election, SEIU lawyers took advantage of a few loopholes to stall the entire process — when that ultimately failed, the union bosses finally took a hike. Does anyone think these cynical antics resulted from a sincere desire to represent workers’ interests?

Here’s a copy of the union’s letter (.pdf) disowning any interest in retaining its monopoly bargaining privileges at the hospital. Here’s the National Labor Relations Board’s decision (.pdf) formally revoking the union’s workplace authority. The San Diego Tribune also featured a decent article on the union’s decision to withdraw from the hospital. 

27 Mar 2009

Podcast: Talking Card Check with National Right to Work President Mark Mix

Posted in Blog

National Right to Work President Mark Mix sits down with nationally syndicated talk radio host Janet Parshall to discuss card check, union intimidation, and the larger problems of compulsory unionism. Click here to listen or use the embeddable player below:

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

26 Mar 2009

Workers Tell Fox News: Card Check Intimidation is Very Real, Very Dangerous

Posted in TV & Radio

Yesterday, Fox News followed up on its earlier story about a real-life case demonstrating how dangerous Card Check Instant Organizing drives are – and a clear example of the kind of intimidation and harassment that will occur at substantially more American workplaces if the Card Check Forced Unionism Bill passes.

In the new video report, seen below, Dana Corp. employees in Albion, Indiana, tell Fox News how United Auto Workers union organizers created an ugly and coercive environment. Many workers signed cards just to stop the constant pressure of union organizers harassing them at work, in the parking lot, and even at home.

Fortunately, an important precedent established by staff attorneys at the National Right to Work Foundation allowed these very employees to obtain, and ultimately win, a decertification secret ballot election.

But millions of American workers won’t be so lucky if the Card Check Forced Unionism Bill becomes law since passage of the bill would wipe out the ability of employees to challenge a card check and force a secret ballot.

For more Right to Work video reports, check out our YouTube channel.


The National Right to Work Foundation provides free legal aid to employees so they can fight back against union coercion and abuse.

The Foundation must rely on the voluntary support of individual Americans who believe in our cause and wish to advance our strategic litigation program. To make a fully tax-deductible donation in whatever amount, please click here.

25 Mar 2009

Fox News Channel Interviews Big Labor’s “Card Check” Organizing Victims

Posted in TV & Radio

Fox News just released a video report on card check from Albion, Indiana, where workers suffered through a vicious UAW organizing campaign:

Many of these employees exercised rights established by legal rulings won by National Right to Work Foundation attorneys. Here’s the Foundation’s original video report:

25 Mar 2009

LA Times: Workers Sign Card to Get Election, But Find Card Actually Prevented It

Posted in Blog

National Review’s Jonah Goldberg has a good op-ed up on "card check" legislation at the Los Angeles Times:

There is a bloody spin war over whether card check abolishes the secret ballot or not. Pro-card-check forces insist that it doesn’t. Unfortunately, these voices include many mainstream reporters who consistently use the language preferred by Big Labor. They note that if 30% of the workers sign a card asking for an election, they can have
one.

But this ignores the unions’ crimp tactics. For starters, the cards are written in ways that make "predatory lending" mortgages seem like paragons of full disclosure.

At the National Right to Work website, you can find an example of one of these cards. In big, bold letters on top, it says "Request for Employees Representation Election." But after you fill out all the relevant info, then there’s the small print, authorizing the Teamsters to "represent me in all negotiations of wages, hours and working conditions."

In other words, in many cases, workers who think they’re just voting for an election are in fact voting for unionization. The unions make it as difficult as possible to do the former without also doing the latter. Check a card, find the king’s shilling.

Also, if the number of cards is over 30% but below 50%, there still isn’t an election unless the organizers — not the workers — want it.

As Mickey Kaus, a one-man blogging crusader against card check, wrote, "No individual worker will know if his signed card will provide the 31% plurality or the 51% majority. Only the organizers know this. You could sign the card intending to provoke an election and discover that you actually prevented an election. There’s no way for ordinary workers to reliably game the system in order to ‘choose’ a secret ballot."

Translation: They’re not workers with a vote, they’re marks.

Here’s a link to the "authorization card" Golberg references. Can you read the fine print? Better yet, would you have a chance to read it in the midst of an aggressive card check drive, when you’re surrounded after work by three union goons demanding signatures?