National Right to Work Foundation Issues Special Legal Notice to Boeing Employees Impacted by IAM Union Boss Strike Order
Foundation notifies employees that those wishing to continue working during a strike should resign their memberships before returning to work
Seattle, WA (September 16, 2023) – The National Right to Work Legal Defense Foundation has released a special legal notice to the roughly 30,000 Boeing employees reportedly affected by the strike order issued by International Association of Machinists (IAM) union officials last week.
The Foundation’s legal notice informs Boeing employees of their rights, including their right to rebuff the strike order and to keep working to support their families as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“The situation presents serious concerns for employees who believe there is much to lose from a union-ordered strike,” the notice reads. “That is why workers confronted with strike demands frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other harsh union discipline for continuing to report to work to support themselves and their families.”
The full notice is available at https://www.nrtw.org/BoeingStrike/.
The notice outlines the process that Boeing employees should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that IAM union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships before returning to work.
“Union officials can (and often do) fine actual union members who work during a strike,” the notice says. “So, you should seriously consider resigning at least one day BEFORE you return to work during a strike, which is the best way to avoid these union fines and discipline.
“If possible, use certified mail, return receipt requested, and save copies of your letters and the return receipt to prove delivery,” the notice continues, adding that workers who choose to submit their union resignations to union officials in person should have a reliable witness present to combat potential false claims from union officials that they did not actually receive a worker’s resignation.
Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract between IAM union officials and Boeing management. The notice encourages employees to seek free legal aid from the Foundation if they experience union resistance as they attempt to exercise any of these rights.
“IAM union officials have a history of seeking to increase their own power instead of doing what’s right for rank-and-file workers,” commented National Right to Work Foundation President Mark Mix. “Foundation attorneys recently helped a Seattle Boeing worker take legal action against IAM officials for seizing his money illegally.
“On the eve of a strike order that may last months, many Boeing workers may decide that going on strike is not the best course of action for them, and Foundation attorneys stand ready to aid these workers in defending their right to continue working and providing for their families,” added Mix.
Majority of Workers at Detroit-Area Hydraulic Tooling Firm Seek Vote to Oust UAW Union Bosses
Michigan workers continue to seek freedom from union bosses, fight back against union boss malfeasance in wake of Right to Work repeal
Detroit, MI (September 12, 2024) – Production and maintenance employees at Hydra-Lock Corp. a hydraulic tooling company based in Mt. Clemens, Michigan, have just submitted a petition seeking a vote to remove United Auto Workers (UAW) Local 155 union officials from power at their workplace. Hydra-Lock employee Keith Woody submitted the petition to National Labor Relations Board (NLRB) Region 7 in Detroit with free legal aid from National Right to Work Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Woody’s petition contains signatures from the majority of his colleagues in support of having a decertification election, well over the 30% threshold of employee signatures needed to trigger such a vote under NLRB rules.
Michigan legislators’ 2023 repeal of the state’s Right to Work protections went into effect this February, meaning UAW union officials have the legal power to enforce contracts that require Woody and his coworkers to pay dues or fees as a condition of getting or keeping a job. In Right to Work states, in contrast, union membership and financial support are strictly voluntary.
If Woody and his coworkers’ decertification effort succeeds, they will be free from both the UAW’s power to speak and contract for all workers in the facility (including the majority that oppose the union), and the obligation to pay dues as a condition of employment.
Michigan Legislators Repealed Right to Work Despite Massive UAW Scandal
In March 2023, a bare majority of Michigan legislators voted along partisan lines to repeal Right to Work at the behest of union special interests, ending workers’ ability to decide for themselves whether or not union officials deserve their dues money. The imposition of union bosses’ power to force employees to “pay up or be fired” came despite polling showing Michiganders, including those in union households, overwhelmingly opposed the elimination of workers’ Right to Work protections.
After the repeal became effective this February, workers from across the Great Lakes State sought help from National Right to Work Foundation staff attorneys in escaping union bosses’ forced-dues demands. The total cases that Foundation attorneys have filed for Michigan workers in 2024 is already well more than double the number for all of 2023. Foundation-backed workers from across the state have recounted a wide variety of union boss misdeeds since the repeal, including forcing workers with religious objections to join and pay dues, taking dues money directly from workers’ paychecks without their permission, coercing workers into contributing to union Political Action Committees (PACs), and more.
The Michigan Right to Work repeal also came after a years-long federal probe revealed massive corruption within the UAW hierarchy. At least 13 UAW officials received jail sentences for embezzling and spending millions in workers’ dues money on luxury goods, vacations, and other personal items. Federal agents are still monitoring the Detroit-based union, and have recently investigated reports that current UAW President Shawn Fain is misappropriating union property.
“The UAW’s implosion over the embezzlement scandal should have been more than enough evidence for Michigan legislators that workers deserve the right to withhold their money from union bosses who are corrupt, abrasive, or just flat out ineffective,” commented National Right to Work Foundation President Mark Mix. “Instead, as a purely political favor, Michigan policymakers granted union officials the power to have workers fired for refusing to support union agendas, and we’re now seeing worker backlash throughout the state.
“Michigan workers should not hesitate to contact National Right to Work Foundation attorneys for free assistance in standing up for what rights they still have in this new legal environment,” Mix added.
Medstar EMT Hits United Food & Commercial Workers Union with Federal Charges for Illegal Dues Deductions
Growing list of charges exposes how union bosses are violating workers’ rights following repeal of Michigan Right to Work law
Detroit, MI (September 10, 2024) – Nicholas Lenning, an EMT with Medstar Ambulance in Clinton Township, Michigan, has filed federal unfair labor practice charges against United Food and Commercial Workers (UFCW) Union Local 876 for illegally deducting union dues out of his paycheck in violation of federal law. Lennings filed the new unfair labor practice charges with the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
Lenning filed the federal unfair labor practice charges against UFCW Local 876 after union officials deducted dues from his paycheck without having a signed dues authorization card, and without providing him with notice regarding his rights under the Supreme Court’s Communication Workers of America v. Beck precedent, which was argued and won by attorneys for the Right to Work Foundation.
Lenning’s charge notes that in nearly three years as an employee of Medstar Ambulance, Lenning was never a union member, never signed a membership card and never signed a dues authorization card. The charge further details how, despite lacking his consent, UFCW officials began deducting dues in March 2024, at times appearing to seize extra funds for back union dues. The deductions started shortly after Michigan’s Right to Work law was formally repealed in early February. Lenning even emailed union stewards requesting information about his rights under Beck, but never received any response from the union. NLRB agents will now investigate Lenning’s charges against UFCW officials.
The charges from Lenning are the most recent in a flurry of Foundation-backed cases for Michigan workers who are seeking to challenge or escape union bosses’ coercive power in the wake of Michigan’s repeal of its Right to Work law. Since the repeal became effective this February, union bosses have had the legal power to require workers to pay union dues or fees as a condition of employment. In states with Right to Work protections, union membership and all union financial support are strictly voluntary.
However, even in states like Michigan that lack Right to Work protections and allow for forced-fee requirements, longstanding federal law prohibits union bosses from requiring workers to authorize the direct deduction of union dues from their paychecks. The Communications Workers of America v. Beck Supreme Court decision additionally forbids union bosses in non-Right to Work states from forcing workers to pay money for any activities beyond the union’s bargaining functions, such as political lobbying, and organizing.
Without Right to Work, Michigan Workers Increasingly Taking Legal Action Against Union Boss Forced Dues Abuses
In March 2023, a bare majority of Michigan legislators voted along partisan lines to repeal Right to Work at the behest of union special interests, ending workers’ ability to decide for themselves whether or not union officials deserve their dues money. The imposition of union bosses’ power to force employees to “pay up or be fired” came despite polling showing Michiganders, including those in union households, overwhelmingly opposed the elimination of workers’ Right to Work protections.
After the repeal became effective this February, workers from across the Great Lakes State sought help from National Right to Work Foundation staff attorneys in escaping union bosses’ forced-dues demands. The total cases that Foundation attorneys have filed for Michigan workers in 2024 is already well more than double the number for all of 2023.
“As this case and others demonstrate, within days of Michigan workers being stripped of their Right to Work protections, union bosses were attempting to use the repeal as cover to justify forced dues collections, even in violation of longstanding federal law,” commented National Right to Work Foundation President Mark Mix. “The flood of legal aid requests Foundation staff attorneys are fielding from Michigan workers since the repeal of Right to Work shows once again that union bosses’ greed for forced dues will lead them to callously and blatantly violate the rights of the very workers they claim to ‘represent.’”
“Without the clear legal line that Right to Work provides by ensuring that all union membership and financial support are strictly voluntary, there unfortunately is little reason to think these types of abuses of workers’ legal rights will not continue to spread across the Great Lake State,” added Mix.
AT&T Employees Nationwide Continue Winning Efforts to Remove Unwanted CWA Union Bosses Imposed Through ‘Card Check’
Mississippi and Louisiana AT&T Mobility employees seek to join others in California, Tennessee and Texas who have successfully ousted the CWA
Mississippi & Louisiana (September 5, 2024) – In-Home Experts from AT&T Mobility locations across Mississippi and Louisiana have joined together to file petitions seeking elections to remove Communications Workers of America (CWA) union officials from power in their workplaces. The two groups of AT&T employees seek to join with hundreds of other AT&T workers in California, Tennessee and Texas who have already won their efforts to remove the CWA. All five groups of employees received free legal aid from the National Right to Work Legal Defense Foundation.
Michael Swift, an In-Home Expert for AT&T Mobility, filed the “decertification petition” with the National Labor Relations Board (NLRB) on behalf of his coworkers across four AT&T Mobility locations in Mississippi. Marquita Jones, a Louisiana-based In-Home Expert, did the same for her colleagues across four Louisiana locations.
If the AT&T Mobility In-Home Experts win their decertification efforts, they will join well over 800 AT&T employees from across California, Texas, and Tennessee, who have also successfully challenged CWA card checks. Under card check, union organizers bypass the secret ballot election process and instead collect cards face-to-face from employees that are then counted as “votes” for the union. Without the privacy of a secret ballot vote, many workers report being pressured, bullied or threatened into signing, which is among the reasons why card check has long been recognized as inherently unreliable and abuse-prone.
In Tennessee and elsewhere, CWA union officials argued the units of AT&T In-Home Experts who had been unionized through card check were already “merged” into a larger unit comprised of thousands of employees, which would effectively trap workers in the union in perpetuity because petitioning for a decertification vote in such a large, spread out unit would be virtually impossible.
Fortunately, National Right to Work Foundation staff attorneys successfully countered CWA lawyers’ “merged unit” gambit, resulting in the votes being scheduled. Faced with an inevitable vote among the workers, in Tennessee, California and Texas, CWA officials conceded defeat instead of facing a decertification vote.
Biden-Harris NLRB Will Soon Block Workers from Challenging Dubious Union “Card Check” Drives
CWA union officials used the card check process to claim monopoly bargaining power over AT&T In-Home Experts in California, Tennessee, and Texas. However, Foundation-backed 2020 reforms to the NLRB’s election rules permitted all three sets of workers to successfully challenge the CWA union’s ascent to power.
Collectively referred to as the “Election Protection Rule,” the reforms permit employees to submit decertification petitions within a 45-day window after the finalization of a card check. The Election Protection Rule also prevents union officials from manipulating charges they file alleging employer misconduct to block workers from casting ballots in a decertification election, among other things.
Unfortunately, the Biden-Harris NLRB in Washington, DC, issued a final rule in late July that will undo the Election Protection Rule and make it much harder for rank-and-file workers to exercise their right to vote out union officials they oppose. While the rule change will not take effect in time to stop the AT&T Mobility employees from having the decertification votes they requested, it will likely quash or substantially delay similar efforts after the repeal takes effect at the end of September.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering votes to certify and decertify unions. Both employees filed the decertification petitions in August with signatures from more than the 30% of employees required, and both seek to challenge so-called “card check” unionizations that CWA union bosses foisted on their coworkers.
“If Mrs. Jones and Mr. Swift had filed their decertification petitions just a few months later, they would be trapped in a union they oppose, denied even the chance at decertification vote for years and likely forever,” commented National Right to Work Foundation President Mark Mix. “This is yet another example of the Biden-Harris NLRB steamrolling the rights of independent-minded employees, so union bosses can expand their forced dues ranks.
“American workers don’t deserve to be stripped of this freedom, and with the changes set to take place in weeks, employees seeking a vote to remove an unwanted union should act quickly,” added Mix. “Those who are inevitably prevented from voting out unwanted union bosses due to this cynical rule change are also encouraged to contact the Foundation to explore their legal options.”