Michigan Civil Servant Files Motion to Defend Michigan’s Public-Sector Right to Work Law at Supreme Court

Union officials fight law that prevents them from forcing workers to pay union dues

Lansing, MI (June 5, 2014) – A Michigan civil servant has filed a motion to file a brief at the state’s Supreme Court defending Michigan’s recently-enacted public-sector Right to Work law and arguing that it applies to the state’s civil servants.

Michigan Department of Natural Resources Inventory and Planning Specialist Thomas Haxby, of Kingsley, filed the motion with free legal assistance from National Right to Work Foundation staff attorneys.

The case, brought by several union hierarchies, is a challenge to Michigan’s Right to Work law and whether is applies to the state’s civil servants.

Click here to read the full release.

Lansing, MI (June 5, 2014) – A Michigan civil servant has filed a motion to file a brief at the state’s Supreme Court defending Michigan’s recently-enacted public-sector Right to Work law and arguing that it applies to the state’s civil servants.

Michigan Department of Natural Resources Inventory and Planning Specialist Thomas Haxby, of Kingsley, filed the motion with free legal assistance from National Right to Work Foundation staff attorneys.

The case, brought by several union hierarchies, is a challenge to Michigan’s Right to Work law and whether is applies to the state’s civil servants.

After Michigan’s Right to Work law went into effect, Haxby resigned his membership in the Service Employees International Union (SEIU) Local 517M, one of the unions that filed the suit, and refrained from union dues payments. Haxby intends to file a brief that argues that Michigan’s recently-enacted public-sector Right to Work law applies to the state’s civil servants, just as the state’s Political Freedom Act does, and that the Civil Service Commission lacks the authority to force civil servants into forced union dues payments.

“After suffering electoral and legislative defeats, Michigan union bosses are trying to use the courts to do their bidding,” said Mark Mix, President of the National Right to Work Foundation. “Michigan’s civil servants have the same rights all Michigan workers enjoy.”

Foundation staff attorneys are currently representing 17 employees defending or enforcing Michigan’s Right to Work laws in cases before the Michigan Employee Relations Commission and federal court.

Washington, DC (June 3, 2014) –National Right to Work Foundation staff attorneys have just asked the D.C. Circuit Court of Appeals to overturn a National Labor Relations Board (NLRB) decision that prevents Latino Express employees in Lyons, Illinois from ejecting an unwanted union.

In the spring of 2012, fifty-four of the eight-four Latino Express employees in Lyons signed a decertification petition to remove the Teamsters Local 777 union. Latino Express withdrew recognition of the union, but Teamster operatives filed unfair labor practice charges against the company to block workers’ attempt to get rid of them.

With the help of Foundation staff attorneys, 32 Latino Express employees subsequently moved to intervene in the hearing on the union’s unfair labor practice charges to defend their decision to get rid of the unwanted union. Unfortunately, an Administrative Law Judge denied the workers’ motion.

Even though a clear majority of employees were dissatisfied with the union, the Administrative Law Judge subsequently reinstalled the Teamsters Local 777 union as the monopoly bargaining agent for Latino Express employees. Right to Work staff attorneys appealed that decision to the National Labor Relations Board, but the Board rejected the employees’ arguments.

Consequently, union officials are empowered to negotiate terms and conditions of employment for Latino Express workers, even those who oppose the union’s presence.

Foundation attorneys are now appealing the NLRB’s ruling to the U.S. Court of Appeals for the D.C. Circuit. They contend that the Board should respect the wishes of a majority of Latino Express employees and not punish workers for any alleged wrongdoing committed by their employer.

“Latino Express employees have repeatedly expressed their desire to get rid of an unwanted Teamsters union,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “So far, the NLRB has ignored their wishes in favor of protecting union bosses’ monopoly bargaining privileges.”

“We hope this appeal will uphold the right of employees to rid themselves of an unwanted union,” continued Semmens.

School Bus Drivers File Federal Suit Against District and Local Union for Rights Violations

Union bosses trap bus drivers into union membership and dues payments

Little Rock, AR (May 29, 2014) – A group of Pulaski County Special School District bus drivers have filed a federal suit against the school district and a local union for violating their rights.

The five Little Rock-area bus drivers filed the federal suit with free legal assistance from National Right to Work Foundation staff attorneys.

The school bus drivers all sent a letter to the Pulaski Association of Support Staff (PASS) union exercising their right to refrain from union membership and refrain from paying union dues or fees.

Under the U.S. Constitution, workers have the unconditional right to refrain from union membership at any time. Under Arkansas’s popular Right to Work law, nonmember workers can refrain from paying union dues and fees.

PASS union officials denied the bus drivers’ requests to resign union membership and refrain from union dues payments, instead claiming that the drivers can only resign their union membership during a 15-day “window period” in July.

Click here to read the full release.

Little Rock, AR (May 29, 2014) – A group of Pulaski County Special School District bus drivers have filed a federal suit against the school district and a local union for violating their rights.

The five Little Rock-area bus drivers filed the federal suit with free legal assistance from National Right to Work Foundation staff attorneys.

The school bus drivers all sent a letter to the Pulaski Association of Support Staff (PASS) union exercising their right to refrain from union membership and refrain from paying union dues or fees.

Under the U.S. Constitution, workers have the unconditional right to refrain from union membership at any time. Under Arkansas’s popular Right to Work law, nonmember workers can refrain from paying union dues and fees.

PASS union officials denied the bus drivers’ requests to resign union membership and refrain from union dues payments, instead claiming that the drivers can only resign their union membership during a 15-day “window period” in July.

Moreover, the Pulaski County Special School District continues to deduct, and the union hierarchy continues to collect, union dues from the bus drivers’ paychecks.

The bus drivers filed the suit in the U.S. District Court for the Eastern District of Arkansas seeking to stop union dues deductions from their paychecks and a refund of all illegally-seized union dues.

“No worker should be forced to jump through hoops to exercise their rights to refrain from union membership and dues payments,” stated Mark Mix, President of the National Right to Work Foundation. “This case underscores just how even in a long-time Right to Work state like Arkansas, we must be vigilant to ensure that union officials don’t create illegal barriers to workers exercising their right to work without being forced to pay union dues or be fired.”

Twenty-four states have Right to Work protections for employees. Public polling shows that nearly 80 percent of Americans, including 80 percent of union members support the principle of voluntary unionism.

Chattanooga, TN (May 23, 2014) – Today, Volkswagen workers voluntarily withdrew their federal lawsuit challenging the United Autoworker (UAW) union officials’ backroom organizing deal with company management during the union’s highly-publicized push to unionize the workers at VW’s Chattanooga, Tennessee facility. The withdrawal was prompted by VW and UAW’s attorneys’ concessions in legal papers filed with the court that, having lost the election at the Chattanooga plant and dropped its objections to the result, the UAW cannot seek another election until sometime next year.

The case was initiated in March by the workers with free legal assistance from National Right to Work Foundation staff attorneys.

“Having successfully defended the result of the vote against the UAW, the workers and their Foundation staff attorneys have made the strategic decision to withdraw their federal lawsuit against the UAW and Volkswagen,” stated Mark Mix, President of the National Right to Work Foundation. “Foundation staff attorneys stand ready to provide free legal assistance to VW workers if VW and the UAW enter into another organizing deal or if UAW bosses resort to unlawful tactics at the plant again.”

“When we filed this lawsuit, we were worried that the UAW union was going to be forced on us,” stated plaintiff and Volkswagen team member Mike Jarvis. “Now that the vote has been certified, we want to move on, work with our fellow VW team members, and focus on building our award-winning cars.”

Springfield, VA (May 22, 2014) – The National Right to Work Foundation, a charitable organization that provides free legal assistance to employees nationwide, has just filed an amicus curiae (“friend of the court”) brief in defense of Michigan’s recently-enacted public sector Right to Work law. The brief was submitted to the Michigan Employee Relations Commission in a case involving the American Federation of Teachers (AFT) Local 1085 union.

Several teachers have accused AFT Local 1085 union officials of deliberately suppressing their rights under Michigan’s recently-enacted Right to Work laws. Under the new laws, no employee can be forced to join or pay dues to a union just to get or keep a job. However, union contracts with forced-dues clauses that predate the enactment of the Right to Work laws are still legally enforceable until those agreements expire.

AFT officials sought to take advantage of this exemption by hastily entering into a stand-alone 10- year forced-dues contract with the Taylor School District in January of 2013, just two months before Michigan’s public sector Right to Work law went into effect. This agreement was not prompted by the expiration of the union’s existing contract with the school district and was aimed solely at ensuring that union officials could continue to force nonunion teachers to pay dues for another ten years.

The National Right to Work Foundation’s brief points out that the union’s actions were motivated by a desire to circumvent Michigan’s recently-enacted Right to Work protections. Consequently, the opportunistic forced-dues agreement between AFT officials and the Taylor School District should not be allowed to remain in effect.

“Union bosses may have lost the legislative battle over Right to Work protections for Michigan workers, but that hasn’t stopped them from attempting to exploit legal loopholes to continue collecting forced dues,” said Patrick Semmens, Vice President of the National Right to Work Foundation.

“Michigan’s Right to Work laws won’t mean anything if they’re not vigorously enforced,” continued Semmens. “That’s why Right to Work staff attorneys are working to ensure that union officials are held accountable for their actions in court.”

Foundation staff attorneys are currently representing 17 employees defending or enforcing Michigan’s Right to Work laws in cases before the the Michigan Employee Relations Commission and federal court.

Southern Bakeries Worker Moves to Intervene in Federal Court to Stop NLRB from Foisting Unwanted Union on Workers

Unprecedented new Obama Labor Board policy is to go to court to block employee attempts to remove an unwanted union with a majority petition to their employer

Texarkana, AR (May 16, 2014) – A Southern Bakeries, LLC worker has moved to intervene to block a federal agency from foisting unwanted union representation back on his workplace after he and his coworkers overwhelmingly expressed their desire to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Southern Bakeries worker John Hankins filed the motion in the U.S. District Court for the Western District of Arkansas, Texarkana Division.

After the workers at the Southern Bakeries facility in Hope voted in a secret-ballot election to determine whether they wanted to remove the Bakery, Confectionary, Tobacco Workers and Grain Millers International Local 111 union officials from their workplace, the union hierarchy filed federal charges with the National Labor Relations Board (NLRB) to impound the workers’ ballots.

Hankins and two-thirds of his coworkers then signed a petition to remove the union from their workplace. After the workers presented the petition to their employer, Southern Bakeries withdrew recognition of the union as the workers’ monopoly bargaining representative as the law prescribes.

Click here to read the full release.

Texarkana, AR (May 16, 2014) – A Southern Bakeries, LLC worker has moved to intervene to block a federal agency from foisting unwanted union representation back on his workplace after he and his coworkers overwhelmingly expressed their desire to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Southern Bakeries worker John Hankins filed the motion in the U.S. District Court for the Western District of Arkansas, Texarkana Division.

After the workers at the Southern Bakeries facility in Hope voted in a secret-ballot election to determine whether they wanted to remove the Bakery, Confectionary, Tobacco Workers and Grain Millers International Local 111 union officials from their workplace, the union hierarchy filed federal charges with the National Labor Relations Board (NLRB) to impound the workers’ ballots.

Hankins and two-thirds of his coworkers then signed a petition to remove the union from their workplace. After the workers presented the petition to their employer, Southern Bakeries withdrew recognition of the union as the workers’ monopoly bargaining representative as the law prescribes.

In February, the NLRB Regional Director in the case asked the federal court to issue a 10(j) injunction requiring the company to once again recognize the union as the workers’ monopoly bargaining representative while the union’s charges are pending. The Regional Director argues in the extraordinary legal maneuver that leaving the workers free from the unwanted union representation would do “irreparable harm.”

“The NLRB Regional Director apparently believes workers being free from a union they clearly want nothing to do with would cause ‘irreparable harm’,” said Mark Mix, President of the National Right to Work Foundation. “If federal labor law purports to protect workers, then what ‘irreparable harm’ occurs if the workers remain free from an unwanted union?”

“This case underscores the pro-forced unionism bias of President Obama’s NLRB,” added Mix. “We urge the court to reject the Regional Director’s motion to foist the union back on these workers despite their desire and actions to free themselves from monopoly unionization.”

University Hospital Nurse Files Federal Charge Against Major Healthcare Union for Rights Violations

Case underscores need for Right to Work protections in the Show Me State

Saint Louis, MO (May 14, 2014) – A Saint Louis University Hospital nurse has filed a federal charge against a major California-based healthcare union for violating workers’ rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Saint Louis University Hospital nurse Brian Hendricks filed the charge with the National Labor Relations Board (NLRB).

National Nurses Organizing Committee (NNOC) union officials enjoy monopoly bargaining powers over the workplace. Because Missouri does not have Right to Work protections making union affiliation completely voluntary, nonmember workers are still forced to pay part of forced union dues to keep their jobs.

In the charge, Hendricks alleges that NNOC union officials are using illegal dues deduction authorization forms that force members to authorize union dues deductions from their paychecks and deny them the right to pay for union dues via check.

Click here to read the full release.