Vote to remove union comes as Pennsylvania employees fight legal battle against Steelworkers officials who trapped them under union power and disregarded votes

Burlington, NJ (October 18, 2022) – With free legal aid from the National Right to Work Legal Defense Foundation, Michael Cobourn and his coworkers at Gold Bond Building Products in Burlington, NJ, have successfully exercised their right to vote unwanted Steelworkers (USW) union officials out of their facility. The vote, held by the National Labor Relations Board (NLRB), was decisive, with nearly 70 percent of those participating in the election casting ballots to oust the union.

The vote follows Cobourn’s submission of a “decertification petition” signed by enough of his coworkers to prompt the NLRB to hold a vote on whether to remove the union. Although the NLRB’s decertification process is still prone to union boss-created roadblocks, Foundation-backed reforms the NLRB adopted in 2020 have made the decertification process somewhat easier.

Before the reforms, union officials could stop workers who had requested a decertification vote from casting ballots by filing so-called “blocking charges,” which often contain unverified and unrelated allegations of employer misconduct. The rule changes improved the process so employees can at least have a chance to vote before any allegations surrounding the election are handled.

Because New Jersey lacks Right to Work protections for its private sector employees, USW union officials had the power to force Cobourn and his colleagues to pay dues or fees to the union hierarchy just to stay employed. In contrast, in Right to Work states, union membership and all union financial support are the choice of each individual worker and can’t be required as a condition of employment.

“My coworkers and I were paying money to the Steelworkers union constantly, yet the union didn’t seem to be doing anything for us,” commented Mr. Cobourn. “I’m very grateful to the National Right to Work Foundation for helping us through the union decertification process, and we look forward to being free of the union’s control and influence.”

USW Union Officials in Pennsylvania Fight to Quash Similar Foundation-Backed Employee Effort

Cobourn’s victory comes as USW union officials are battling another employee-led decertification effort in Franklin, PA. There, the USW bosses claim at the NLRB that their rushed and unilateral approval of an unpopular union contract must block Latrobe Specialty Steel/Carpenter Technology employees’ right to vote the union out. In that case, USW officials hastily “ratified” the unpopular contract after getting wind that employees were seeking to remove the union. This was an apparent attempt to deploy the “contract bar,” a non-statutory restriction that blocks workers from voting out unions they oppose for up to three years after union officials sign a contract with management.

USW bosses, by their own admission, held a phony employee “vote” on the contract after it had already been covertly signed by them, tricking workers into thinking their votes would determine the fate of the contract. In sworn testimony, one union boss admitted that USW agents are free to execute contracts despite employees voting them down, and that union officials misled the Latrobe workers and ignored their votes against the contract “to protect the integrity of the union.”

The employee effort to oust the union is being led by Latrobe Specialty Steel employee Kerry Hunsberger, who obtained free legal aid from the National Right to Work Foundation. Foundation attorneys argue for her and her coworkers that the USW bosses’ ploy is “nothing more than a smokescreen, concocted by a desperate and unpopular Union to entrench itself and bar employee free choice” under federal law.

“USW officials openly admit that their modus operandi is to subordinate employee rights and interests to maintain union power, so we’re glad that that Mr. Cobourn and his coworkers were able to exercise their right to kick such union officials out of their workplace,” commented National Right to Work Foundation President Mark Mix. “Still, as the situation in Franklin, PA, demonstrates, more work needs to be done to safeguard employees’ right to decertify unions that they oppose.”

“The Foundation will continue to defend Ms. Hunsberger, her coworkers, and any other American employee who faces union-created roadblocks to exercising their right to eject the USW or any other union officials from their workplace,” added Mix.

Comments argue against rule that would increase costs in order to discriminate against vast majority of American construction workers who are non-union

Washington, DC (October 17, 2022) – Today, the National Right to Work Legal Defense Foundation filed comments opposing a Federal Acquisition Regulatory (FAR) Council proposed rule to block non-union workers from working on federal contracts. The rule, which implements President Biden’s Executive Order 14063, requires federal agencies to impose PLAs (Project Labor Agreements) on contractors and employees who work on federal construction projects that will cost $35 million or more.

PLAs mandate that, to work on a construction project, contractors’ workers must be under union monopoly control. Given that around 80 percent of construction workers and contractors have opted against unionization, this union-only requirement discriminates against the vast majority of America’s construction workers. This also drives up the costs to taxpayers due to inefficient union work rules that union officials insist on.

Foundation attorneys note in the comments that “[t]here is no legitimate legal or policy basis for forcing employees and contractors to abide by union-only PLAs to work on major federal construction projects,” and that the executive order “is simply naked political payback by the current administration to its union supporters.”

The comments explain six ways in which the proposed rule violates federal law, particularly noting that the PLA requirement “will serve only to harm construction workers who reject union representation,” arguing they will be “subjected to unwanted union representation; forced to pay union dues as a condition of employment in non-Right to Work states…and will have large portions of their compensation diverted to union pension plans from which they will receive no benefits,” among other things.

Comments: Discriminating Against Majority of Construction Workers Violates Federal Law

The Foundation’s comments also point out that the proposed rule violates the Competition in Contracting Act (CICA), a federal law intended to improve costs by increasing competition for federal contracts. The comments state that shrinking the pool of contractors to only those that are willing to give into union boss demands “will inevitably lead to increased contracting costs for the federal government,” making the executive order and the rule it promulgates inconsistent with CICA.

In fact, as the comments explain, the proposed rule itself acknowledges that “between 2009 and 2021, federal contracting officers—who are trained to award contract to bidders that provide the best value to the government —required the use of PLAs in only 12 out of the approximately 2,000 instances where a Federal construction project cost $25 million or more.” This statistic underscores the inefficiency of PLAs.

The Foundation’s comments also argue that the proposed rule violates the Regulatory Flexibility Act (RFA) because it doesn’t analyze how small non-union contractors unwilling to submit to PLAs will be affected by the rule. The rule is also “arbitrary and capricious,” according to the comments, because of the rule’s failure to consider its cost impacts.

“So-called ‘Project Labor Agreements’ simultaneously discriminate against the over 8 in 10 American construction workers who exercise their right not to associate with a labor union, while forcing taxpayers to shoulder the extra cost of wasteful union work rules,” commented National Right to Work Foundation President Mark Mix. “Once again the Biden Administration shows its willingness to throw rank-and-file workers under the bus, just to enrich their special interest allies in Big Labor.”

Employee submitted majority-backed petition seeking ouster of union in accordance with federal Labor Board standards, but IAM officials fought it for years

Lexington, KY (October 7, 2022) – With free legal aid from the National Right to Work Legal Defense Foundation, Keith Purvis and his coworkers at furniture manufacturer Leggett & Platt have finally formally freed themselves from the control of unwanted International Association of Machinists (IAM) union officials. Purvis and his coworkers have been fighting since 2016 to exercise their right to remove the union.

The victory comes after a DC Circuit Court decision reversed the National Labor Relations Board (NLRB) and found that, under the Foundation-won Johnson Controls case, NLRB bureaucrats had arbitrarily allowed IAM union bosses to remain in power at the facility despite a petition showing a majority of workers wanted them gone. Following that DC Circuit decision, the NLRB finally confirmed that IAM union officials are no longer the bargaining “representatives” at Purvis’ workplace.

In the 2019 Johnson Controls decision, the NLRB established an employer’s power to cease recognition of a union in a workplace once the current monopoly bargaining agreement expires, provided employees have submitted a petition indicating the majority of them do not wish to be “represented” by the union. If union officials dispute their loss of majority support, the issue is resolved by a secret-ballot election among workers on whether the union should remain in power.

The Johnson Controls process is a marked improvement over the old standard, in which union officials could unilaterally invalidate a petition showing the majority of workers rejected the union by submitting “union cards” or other documentation purportedly showing the union had regained majority status. Before Johnson Controls, secret-ballot elections were generally not conducted to resolve these disputes, despite courts affirming that such elections are the best gauge of employee approval.

Even After Two Petitions for Union’s Ouster, Union Bosses Tried to Force Themselves Back into Facility

In 2016, Purvis submitted to Leggett & Platt management the first of two “decertification petitions,” which demonstrated a majority of his coworkers wanted the union removed from the facility. In response, his employer announced that it would stop recognizing IAM union officials on March 1, 2017. However, IAM union bosses filed charges with the NLRB immediately after, alleging that Leggett & Platt management’s withdrawal of recognition at employees’ behest was unlawful. Undeterred, Purvis gathered signatures for and submitted a second decertification petition, this time seeking a secret-ballot election conducted by the NLRB.

While litigation over union officials’ charges was pending before the DC Circuit Court in 2019, the NLRB issued the Johnson Controls decision. The DC Circuit Court sent the case back to the NLRB, ostensibly because Johnson Controls meant Leggett & Platt had acted lawfully by anticipatorily withdrawing recognition from the union when presented with a majority of employee signatures seeking that outcome.

The NLRB refused to apply the Johnson Controls standard to the case, but, when the case came before the DC Circuit Court again on appeal, the DC Circuit ruled that the NLRB’s refusal to do so was “arbitrary and capricious.” Finally, as September 2022 ended, the NLRB issued a decision confirming the IAM was no longer the majority representative, and IAM officials could not use litigation to foist monopoly bargaining power over the facility.

American Workers Increasingly Giving Boot to Unpopular Unions

Purvis and his coworkers’ successful exercise of their right to boot the unpopular IAM bosses comes as private sector workers across the country are increasingly moving to get rid of union officials that don’t serve their interests. The NLRB’s own data show that, currently, a unionized private sector worker is more than twice as likely to be involved in a decertification effort as the average nonunion worker is to be involved in a unionization campaign.

“No worker in America should be subjected to union control that they oppose, and the Foundation-won Johnson Controls NLRB decision safeguards a vital pathway for workers to exercise their free choice rights in that regard,” commented National Right to Work Foundation President Mark Mix. “Unfortunately, as was the case with Mr. Purvis’ effort, union bosses and Big Labor allies at the NLRB continuously try to pare back this decision so union officials can maintain their grip on workplaces even when it’s obvious workers want them gone.”

“We’re glad Mr. Purvis and his coworkers are finally free of the union and we were proud to assist him,” Mix added.

Federal labor board data show that workers across the country are increasingly likely to be involved in efforts to remove unions from workplaces

Sacramento, CA (September 23, 2022) – Seron Chand and her fellow nurses at Pine Creek Care Center, a Roseville nursing and rehabilitation facility, successfully exercised their right to vote unwanted Teamsters Local 150 union bosses out of their workplace. Chand obtained free legal aid from National Right to Work Legal Defense Foundation staff attorneys, who aided her in filing a petition asking the National Labor Relations Board (NLRB) to conduct a vote to remove the union (also known as a “decertification vote”).

The NLRB’s election certification showed more than 70% of the nurses voted to scrap the union. The NLRB is the federal agency responsible for enforcing private sector labor law, which includes holding employee votes to either remove or install a union in a workplace.

Chand and her colleagues benefitted from Foundation-backed reforms adopted by the NLRB in 2020, which make it easier for workers to exercise their right to boot unwanted union officials. Before the reforms, union officials could stop workers who had requested a decertification vote from casting a single ballot by filing so-called “blocking charges,” which often contain unverified and unrelated allegations of employer misconduct. The rule changes improved the process so employees can at least have a chance to vote before any allegations surrounding the election are handled.

Because California lacks Right to Work protections for its private sector workers, Chand and her fellow nurses were forced not only to accept the so-called “representation” of the clearly unpopular Teamsters union, but were required to subsidize union activities financially just to keep their jobs. In Right to Work states, union membership and all union financial support are strictly voluntary.

Pine Creek Nurses Join Nurses Across the Country Who Have Cut Ties with Unpopular Unions

Just a month before Chand and her colleagues’ successful decertification vote, Foundation attorneys aided nurses at Mayo Clinic in Mankato, Minnesota, in their successful effort to throw out the unpopular Minnesota Nurses Association (MNA) union from their workplace. About the same time, nurses from the St. James, Minnesota, branch of Mayo Clinic voted to decertify American Federation of State, County and Municipal Employees (AFSCME) Council 65 union officials by a nearly 9-to-1 margin, also with Foundation legal assistance.

In California, Foundation-backed nurses at Monterey’s Cypress Ridge Care Center voted to remove Service Employees International Union (SEIU) Local 2015 officials a few months ago.

The increase in efforts by workers to free themselves from unions they do not want is not limited to nurses. The NLRB’s own data show that, currently, a unionized private sector worker is more than twice as likely to be involved in a decertification effort as the average nonunion worker is to be involved in a unionization campaign.

“Big Labor is claiming that worker support for unions is soaring – a narrative that they will use ahead of midterm elections to convince their political allies to grant them even more coercive legal powers over rank-and-file workers,” commented National Right to Work Foundation President Mark Mix. “However, the NLRB’s own stats concerning unionization, as well as a spike in workers seeking Foundation aid in kicking out unwanted union officials, show that the real story is that workers are rejecting the increasingly politicized and coercive ‘representation’ today’s union officials are offering.”