Wisconsin Supreme Court Upholds Act 10 Unionism Reforms
Today, the Wisconsin Supreme Court has upheld all provisions of Act 10. Mark Mix, president of the National Right to Work Foundation, issued the following statement in the wake of today’s ruling:
“We applaud the court’s ruling upholding Act 10. The court relied on principles established in Foundation-supported U.S. Supreme Court victories which have held that union officials have no constitutional power to force workers to pay union dues or fees as a condition of employment.
“The court’s decision strikes a mighty blow for individual workers who do not want anything to do with an unwanted union in their workplace. Wisconsin government union officials should now understand that the constitutionality of Right to Work laws has long been a settled question. We’re happy to report that the court rejected the union lawyers’ frivolous arguments and ensured that thousands of Wisconsin’s civil servants will continue to labor free from union coercion.
“No Wisconsin public worker should ever be forced to pay union dues or fees as a condition of employment. Now it is time for Wisconsin’s legislature to protect that right for Wisconsin’s private-sector workers and pass a private-sector Right to Work law.”
Air Traffic Controller Wins Federal Settlement from Government Union Bosses After Overt Religious Discrimination
Air Traffic Controller Wins Federal Settlement from Government Union Bosses After Overt Religious Discrimination
Union had worker transferred to force him to work on Saturday, violating his religious beliefs and threatening his livelihood
Potomac, VA (July 29, 2014) – With the help of National Right to Work Foundation staff attorneys, a Federal Aviation Administration (FAA) employee has won a federal settlement from a government union that used his religious beliefs to punish him for resigning his union membership.
Last year, Matthew Gray, a Seventh-day Adventist who works at the FAA’s Potomac facility, filed a federal charge with the Federal Labor Relations Authority against the National Air Traffic Controllers Association (NATCA) union.
Gray filed the charge after he was informed by a union official that he was being removed from his detail and transferred to another in which he would have to work on Saturdays as punishment for resigning from the union. Gray resigned union membership because he believes union membership is contrary to his faith.
Air Traffic Controller Wins Federal Settlement from Government Union Bosses After Overt Religious Discrimination
Potomac, VA (July 29, 2014) – With the help of National Right to Work Foundation staff attorneys, a Federal Aviation Administration (FAA) employee has won a federal settlement from a government union that used his religious beliefs to punish him for resigning his union membership.
Last year, Matthew Gray, a Seventh-day Adventist who works at the FAA’s Potomac facility, filed a federal charge with the Federal Labor Relations Authority against the National Air Traffic Controllers Association (NATCA) union.
Gray filed the charge after he was informed by a union official that he was being removed from his detail and transferred to another in which he would have to work on Saturdays as punishment for resigning from the union. Gray resigned union membership because he believes union membership is contrary to his faith.
A central doctrine of Gray’s church is weekly worship, and not working, on Saturday. Gray’s old position allowed him to avoid any scheduling conflict between his work and religious obligations. By removing him from his old detail, however, NATCA union officials effectively forced Gray to work on Saturday, find a replacement or take leave every week, or lose his job.
Gray told union officials that he only resigned because of his religious beliefs, and that the transfer would cause a scheduling conflict with his religious obligations. NATCA ignored his objections and went through with the transfer request at the union bosses’ demand.
Instead of standing up to the union, Gray’s manager told him that he was complying with the union’s transfer request because he “no longer represent[s] the best interests of NATCA.”
Gray also filed a charge against the union with the Equal Employment Opportunity Commission (EEOC), which has found cause to believe that the union violated his rights under Title VII of the Civil Rights Act. That charge is still pending.
“It’s unconscionable that an independent-minded worker was punished for attempting to exercise his deeply-held religious beliefs,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “Workers shouldn’t face retaliation for exercising their right not to join or affiliate with a labor union.”
Minnesota Homecare Providers File Federal Lawsuit Challenging Forced Unionization Scheme
Minnesota Homecare Providers File Federal Lawsuit Challenging Forced Unionization Scheme
SEIU seeks to push home-based personal care providers into forced-dues ranks against their will
Minneapolis, MN (July 28, 2014) – Today, a group of home-based personal care providers who care for family members filed a federal lawsuit challenging a law that authorizes forcible unionization of the state’s home-based personal care providers.
With free legal aid from National Right to Work Foundation attorneys, Teri Bierman and eight other providers from around the state filed the suit against Governor Mark Dayton and the Service Employees International Union (SEIU). The suit was filed in the U.S. District Court for the District of Minnesota.
The homecare providers’ suit requests an injunction halting implementation of a law intended to designate SEIU union officials as the monopoly political representative of thousands of providers in the state. The SEIU seeks to unionize the providers via a mail-in vote starting August 1.
Minnesota Homecare Providers File Federal Lawsuit Challenging Forced Unionization Scheme
Minneapolis, MN (July 28, 2014) – Today, a group of home-based personal care providers who care for family members filed a federal lawsuit challenging a law that authorizes forcible unionization of the state’s home-based personal care providers.
With free legal aid from National Right to Work Foundation attorneys, Teri Bierman and eight other providers from around the state filed the suit against Governor Mark Dayton and the Service Employees International Union (SEIU). The suit was filed in the U.S. District Court for the District of Minnesota.
The homecare providers’ suit requests an injunction halting implementation of a law intended to designate SEIU union officials as the monopoly political representative of thousands of providers in the state. The SEIU seeks to unionize the providers via a mail-in vote starting August 1.
The suit challenges the forced-unionism scheme on the grounds that it violates the U.S. Constitution’s guarantees of free political expression and association.
Last month, the U.S. Supreme Court issued a landmark ruling in Harris v. Quinn, a Foundation case challenging whether Illinois homecare providers can be forced into union ranks against their will. The Court held that individuals who indirectly receive state subsidies based on their clientele cannot be forced to pay compulsory union fees. The Court’s ruling renders unconstitutional similar homecare unionization schemes in effect in at least 13 other states.
Meanwhile, a federal lawsuit brought by Minnesota home-based childcare providers seeking to overturn a similar state law is pending at the U.S. Court of Appeals for the Eight Circuit.
“This scheme, which forces relatives taking care of persons with disabilities into union political association is a slap in the face of fundamental American principles we hold dear,” said Mark Mix, president of the National Right to Work Foundation. “In effect Governor Dayton is picking the SEIU as the lobbyists for Minnesota’s personal care providers as payback for the union bosses’ support and political contributions.”
Obama NLRB Excludes Worker Input in Case that Seeks to Restrict Workers’ Ability to Remove Unwanted Union Bosses
Obama NLRB Excludes Worker Input in Case that Seeks to Restrict Workers’ Ability to Remove Unwanted Union Bosses
General Counsel seeks to eliminate employees’ ability to use a majority petition to end employer recognition of an unsupported union
San Francisco, CA (July 21 2014) – In a precedent-setting federal case, a National Labor Relations Board (NLRB) regional director has denied a local restaurant worker’s motion to intervene to stop the federal agency from foisting unwanted union representation back on her workplace after she and her coworkers attempted to remove the union.
With free legal assistance from National Right to Work Foundation staff attorneys, Scoma’s of Sausalito restaurant worker Georgina Canche will appeal the NLRB regional director’s order to an NLRB Administrative Law Judge (ALJ).
Obama NLRB Excludes Worker Input in Case that Seeks to Restrict Workers’ Ability to Remove Unwanted Union Bosses
San Francisco, CA (July 21 2014) – In a precedent-setting federal case, a National Labor Relations Board (NLRB) regional director has denied a local restaurant worker’s motion to intervene to stop the federal agency from foisting unwanted union representation back on her workplace after she and her coworkers attempted to remove the union.
With free legal assistance from National Right to Work Foundation staff attorneys, Scoma’s of Sausalito restaurant worker Georgina Canche will appeal the NLRB regional director’s order to an NLRB Administrative Law Judge (ALJ).
Canche and a majority of her coworkers petitioned their employer to remove the UNITE HERE Local 2850 union from their workplace. After the workers presented the petition, restaurant management withdrew recognition of the union as the workers’ monopoly bargaining representative as long-standing law allows.
Local 2850 union officials then filed federal charges with the NLRB in an attempt to nullify the workers’ petition and insert the union hierarchy back into the workplace. The NLRB’s General Counsel filed a complaint designed to force the restaurant to once again recognize the union as the workers’ representative.
This aggressive policy of challenging employees’ withdrawal petitions is being pushed by union lawyer Richard Griffin, who was installed as NLRB General Counsel in October 2013 by President Obama and Senator Harry Reid. Prior to being the Board’s top lawyer in charge of enforcing federal labor laws, Griffin was an illegal recess appointee to the NLRB, as the U.S. Supreme Court ruled last month in Noel Canning v. NLRB.
“Without allowing workers a say in the process, the Obama NLRB is seeking to overturn long-standing precedent to make it more difficult for workers to remove an unwanted union hierarchy from their workplace,” explained Mark Mix, President of the National Right to Work Foundation. “Highlighting the Obama Board’s pro-forced unionism bias, the NLRB maintains that a company can recognize a union if a majority of workers sign union ‘cards’ through the notoriously unreliable card check method, while its top lawyer works to eliminate workers’ ability to use a majority petition to oust an unwanted union.”
Security Guards Hit SEIU Local Union Officials with Federal Unfair Labor Practice Charges
Security Guards Hit SEIU Local Union Officials with Federal Unfair Labor Practice Charges
Workers allege SEIU officials made harassing phone calls to nonmembers
San Francisco, CA (July 18, 2014) – A local security guard has filed a federal charge against a San Francisco-based union for violating his and his coworkers’ rights.
With free legal assistance from National Right to Work Foundation staff attorneys, Universal Protection Service security guard Daniel Ozabuki filed the unfair labor practice charge for himself and seven others against Service Employees International Union (SEIU) Local 24/7.
Security Guards Hit SEIU Local Union Officials with Federal Unfair Labor Practice Charges
San Francisco, CA (July 18, 2014) – A local security guard has filed a federal charge against a San Francisco-based union for violating his and his coworkers’ rights.
With free legal assistance from National Right to Work Foundation staff attorneys, Universal Protection Service security guard Daniel Ozabuki filed the unfair labor practice charge for himself and seven others against Service Employees International Union (SEIU) Local 24/7.
The guards are all employed by Universal Protection Service, which has been party to a monopoly bargaining agreement with Local 24/7 since the company took over for the previous security contractor, Guard Maintenance Services Corporation. Guard Maintenance Services also had a monopoly bargaining agreement with the union.
Because California lacks a Right to Work law making union membership and dues payments strictly voluntary, workers can be forced to pay union dues and fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, workers who refrain from union membership can also refrain from paying for union politics and members-only events.
Ozabuki and at least four other security guards have refrained from union membership for several years. In February 2012, some of the then-Guard Maintenance Services workers reached a settlement with SEIU officials regarding an earlier round of charges. The settlement required the union to allow nonmember workers to opt out of paying for union activities unrelated to workplace bargaining.
However, after SEIU officials entered into a contract with Universal Protection, the union has again forced the workers into full dues payments despite the workers’ repeated attempts to refrain. The workers also allege that SEIU union officials are making harassing phone calls to nonmembers.
Three additional workers have detailed how SEIU officials kept them in the dark about their right to refrain from formal union membership and full dues payments.
“SEIU bosses are resorting to deception and even outright intimidation to force workers into full dues paying union ranks,” said Patrick Semmens, vice president of the National Right to Work Foundation. “The best solution to break the SEIU bosses’ pattern of rights abuses is for California to enact a Right to Work law making union membership and dues payment strictly voluntary.”
Twenty-four states have Right to Work protections for workers. Recent public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.
Grand Rapids Teacher Files State Charges Against Union and School District for Circumventing Right to Work Law
Grand Rapids Teacher Files State Charges Against Union and School District for Circumventing Right to Work Law
Union and school officials collude to force school employees into dues-paying union ranks despite Right to Work law
Grand Rapids, MI (July 18, 2014) – A Grand Rapids-area special education teacher has filed state charges against a local union and the school district for violating Michigan’s Right to Work law.
With free legal assistance from National Right to Work Foundation staff attorneys, Becky Lapham of Portland, Michigan, filed the state charges with the Michigan Employment Relations Commission (MERC) in Detroit.
The 11-year Lincoln Developmental Center school teacher filed charges against the Michigan Education Association (MEA) union and Grand Rapids Public Schools for entering into an agreement illegally amending and extending the forced dues provisions in the monopoly bargaining agreement beyond the date allowed under Michigan’s Right to Work law for public employees.