Honolulu, HI (April 30, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, a group of Hyatt Regency Waikiki Resort & Spa employees have filed federal unfair labor practice charges against the UNITE HERE Local 5 union.

Honolulu Hyatt employees Mark Tamosiunas, Wayne Young, Steven Taono, and Agnes Demarke filed the charges late last week with the National Labor Relations Board (NLRB).

Starting around June 30, 2010, the monopoly bargaining agreement between UNITE HERE Local 5 union officials and Hyatt management expired. While the contract was no longer in effect, the workers resigned their union membership and exercised their right to refrain from union dues payments.

However, UNITE HERE Local 5 union officials are now charging the workers for union dues and fees from June 2012 to August 2013, even though no union monopoly bargaining agreement requiring workers to pay union dues or fees was in effect.

Further, the workers never received a copy of the new union monopoly bargaining agreement, a notice of their rights to refrain from union membership and full dues payments, or a breakdown of union financial expenditures from Local 5.

The charges will now be investigated by the NLRB, a federal agency charged with administering private-sector labor law.

Foundation staff attorneys have assisted other workers in defending their rights against the scofflaw union. In 2008, Turtle Bay Resort employee Brenda Lee Orr and Hilton Hawaiian Beach Resort and Spa employee Grant Suzuki won a federal settlement that forced UNITE HERE Local 5 to refund union dues and fees illegally used for union politics. In 2012, Suzuki and another hotel employee, Daryl Sakugawa, filed charges after both were forced to contribute to a variety of activities outside the scope of workplace negotiations, including UNITE HERE political lobbying and a union strike fund.

“Once again, UNITE HERE bosses have demonstrated how little regard they have for workers’ rights,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “The only permanent solution to chronic union law-breaking is an Hawaii Right to Work law, which would ensure that no employee can be forced to join or pay dues to a union.”

UPS Worker Wins Federal Settlement against Teamster Union for Ignoring Her Rights Under Michigan’s Right to Work Law

Teamster union officials stonewalled worker’s attempts to refrain from dues payments

Traverse City, MI (April 28, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, a Traverse City UPS (NYSE: UPS) worker has won a federal settlement against a local Teamster union for violating her rights.

Lisa Plamondon, a 30-year UPS employee, won the settlement from the Teamster Local 406 union after she filed charges against the union and her employer with the National Labor Relations Board (NLRB).

Because Michigan did not have a Right to Work law making union dues payments completely voluntary, Plamondon was a member of the union from 1983 until 1997. In 1997, Plamondon resigned her union membership, but still had to pay union dues and fees to keep her job.

After Michigan’s private-sector Right to Work law went into effect, Plamondon sent several letters to the Local 406 union stating that she was exercising her right under Michigan’s Right to Work law to refrain from union dues payments.

Click here to read the full release.

Traverse City, MI (April 28, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, a Traverse City UPS (NYSE: UPS) worker has won a federal settlement against a local Teamster union for violating her rights.

Lisa Plamondon, a 30-year UPS employee, won the settlement from the Teamster Local 406 union after she filed charges against the union and her employer with the National Labor Relations Board (NLRB).

Because Michigan did not have a Right to Work law making union dues payments completely voluntary, Plamondon was a member of the union from 1983 until 1997. In 1997, Plamondon resigned her union membership, but still had to pay union dues and fees to keep her job.

After Michigan’s private-sector Right to Work law went into effect, Plamondon sent several letters to the Local 406 union stating that she was exercising her right under Michigan’s Right to Work law to refrain from union dues payments. In the letters, Plamondon attempted to comply with Teamster Local 406’s procedure to end forced dues payments by revoking her dues deduction authorization – a document union officials use to take dues or fees from workers’ paychecks.

Teamster Local 406 union officials refused to comply with her request and told her that there are numerous restrictions on her ability to revoke her dues deduction. For example, Teamster union officials told Plamondon she must submit her request in writing, even though she has already sent several letters. Teamster Local 406 union officials also refused to provide Plamondon with a copy of her dues deduction authorization, claiming that she received a copy when she filled one out over 20 years ago.

Under the terms of the settlement, Plamondon received reimbursement of all of the union fees illegally taken from her paycheck plus interest. Moreover, the NLRB filed a complaint against UPS for its role in violating Plamondon’s rights.

“Michigan workers should not have to jump through arbitrary hoops just to exercise their rights under Michigan’s Right to Work laws,” said Mark Mix, President of the National Right to Work Foundation. “We applaud Ms. Plamondon’s courageous effort to protect her rights under Michigan’s private-sector Right to Work law.”

In similar cases across Michigan, Foundation staff attorneys have assisted 12 public-sector workers who filed charges with the Michigan Employment Relations Commission (MERC) in Detroit and another private-sector worker who filed a federal charge with the NLRB.

Grand Rapids Teacher Files State Charges Against Union and School District for Right to Work Violations

Union and school officials collude to force school employees into dues-paying union ranks despite Right to Work law

Grand Rapids, MI (April 21, 2014) – A Grand Rapids-area special education teacher has filed state charges against a local union and the school district for violating school employees’ rights under 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 last week with the Michigan Employment Relations Commission (MERC) in Detroit.

The 11-year Lincoln Developmental Center school teacher notified the Michigan Education Association (MEA) union that she was exercising her rights under the Foundation-won Chicago Teachers Union v. Hudson case to refrain from full union dues payments and requesting a financial disclosure of how her forced union dues and fees are being spent.

MEA union officials refused to comply with Lapham’s request, claiming that she would have to wait for a union-designated “window period” in August 2014 to refrain from full dues payments, and threatened to report her to a collections agency.

Click here to read the full release.

Grand Rapids, MI (April 21, 2014) – A Grand Rapids-area special education teacher has filed state charges against a local union and the school district for violating school employees’ rights under 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 last week with the Michigan Employment Relations Commission (MERC) in Detroit.

The 11-year Lincoln Developmental Center school teacher notified the Michigan Education Association (MEA) union that she was exercising her rights under the Foundation-won Chicago Teachers Union v. Hudson case to refrain from full union dues payments and requesting a financial disclosure of how her forced union dues and fees are being spent.

MEA union officials refused to comply with Lapham’s request, claiming that she would have to wait for a union-designated “window period” in August 2014 to refrain from full dues payments, and threatened to report her to a collections agency. Lapham points out that Michigan’s Right to Work law protects her unequivocal right to refrain from union membership at any time. Analogously, federal labor law also protects workers’ absolute right to refrain from union membership at any time without penalty.

Lapham also filed additional charges against the union and Grand Rapids Public Schools for entering into an agreement illegally amending and extending the forced unionism provisions in the monopoly bargaining agreement beyond the date allowed under Michigan’s Right to Work law for public employees. That law specifies that contracts or amendments entered into after the law went into effect must respect workers’ right to refrain from the payment of any union dues or fees.

“Across the state, union officials are pulling out all the stops to keep workers from exercising their rights under Michigan’s Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “Foundation staff attorneys are assisting workers throughout the state whose rights under Michigan’s Right to Work law are being denied by unscrupulous union officials seeking to circumvent the law.”

In similar cases across Michigan, Foundation staff attorneys have already assisted 10 other public-sector workers who filed charges with the MERC and two private-sector workers who filed federal charges with the National Labor Relations Board (NLRB).

Chattanooga Volkswagen Workers Stave off UAW Union Boss Challenge

Foundation staff attorneys help employees preserve their decision to reject unionization

Springfield, VA (April 21, 2014) – The United Auto Worker (UAW) union has withdrawn its challenge of the Chattanooga Volkswagen workers’ recent unionization vote with the National Labor Relations Board (NLRB). Mark Mix, President of the National Right to Work Foundation, issued the following statement in response to the recent media reports:

“This is a win for the workers of Volkswagen. The UAW did everything they could to silence opposition. First, Chattanooga VW employees managed to stave off a coercive unionization campaign even though the UAW and Volkswagen’s German management colluded for over two years to stack the deck against the workers.

“Despite all of this, UAW union officials’ still lost the vote. The result of the election came after the NLRB unprecedentedly fast-tracked the unionization process, further tilting the playing field in favor of UAW union officials.

“Second, the UAW attempted to exclude workers from protecting the outcome of the election. But, once UAW officials realized both sides of the case would be presented at the hearing, they withdrew rather than have their allegations disproved. We are pleased that the workers’ vote will now stand.

“This case demonstrates once again the unreliability of union officials’ ‘card check’ method of unionization, as the UAW continued to claim on the basis of cards that it had the support of a majority of Volkswagen team members and that no election was needed.

Click here to read the full release.

Springfield, VA (April 21, 2014) – The United Auto Worker (UAW) union has withdrawn its challenge of the Chattanooga Volkswagen workers’ recent unionization vote with the National Labor Relations Board (NLRB). Mark Mix, President of the National Right to Work Foundation, issued the following statement in response to the recent media reports:

“This is a win for the workers of Volkswagen. The UAW did everything they could to silence opposition. First, Chattanooga VW employees managed to stave off a coercive unionization campaign even though the UAW and Volkswagen’s German management colluded for over two years to stack the deck against the workers.

“Despite all of this, UAW union officials’ still lost the vote. The result of the election came after the NLRB unprecedentedly fast-tracked the unionization process, further tilting the playing field in favor of UAW union officials.

“Second, the UAW attempted to exclude workers from protecting the outcome of the election. But, once UAW officials realized both sides of the case would be presented at the hearing, they withdrew rather than have their allegations disproved. We are pleased that the workers’ vote will now stand.

“This case demonstrates once again the unreliability of union officials’ ‘card check’ method of unionization, as the UAW continued to claim on the basis of cards that it had the support of a majority of Volkswagen team members and that no election was needed.

With free legal assistance from National Right to Work Foundation staff attorneys, Volkswagen employees filed a brief defending their right to have a say in the high-profile unionization dispute.

National Right to Work Foundation staff attorneys helped several VW workers file charges citing improprieties in the UAW union hierarchy’s unionization campaign, including getting workers to sign union authorization cards by coercion and misrepresentation and using cards signed too long ago to be legally valid. Some of those workers also filed a federal charge against the company stating that comments made by German VW officials illegally attempted to intimidate their fellow workers into accepting UAW monopoly bargaining power over their workplace.

Madison, WI (April 18, 2014) – Today, the U.S. Court of Appeals for the Seventh Circuit for the second time upheld Governor Scott Walker’s 2011 public-sector unionism reform measures, also known as “Act 10,” which included a Right to Work provision giving most Wisconsin public workers the right not to join or pay union fees as a condition of employment..

Patrick Semmens, Vice President of the National Right to Work Foundation, released the following statement in regards to the court’s decision:

“The court’s decision is a powerful victory for workers who do not want anything to do with an unwanted union in their workplace. The decision ensures that thousands of Wisconsin’s civil servants will continue to have the freedom to decide for themselves whether or not to join or financially support a union.

“Forced unionism is a government-granted special privilege given to union bosses and there is no question that government has the right to restrict or revoke those privileges. No worker should ever be forced to pay union dues or fees as a condition of employment, which is why Wisconsin should guarantee that right for all Wisconsin workers, including private-sector employees and public safety workers, through a Right to Work law.”

Massachusetts Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

Childcare providers fight dictate to push childcare business owners into forced dues union ranks

Boston, MA (April 16, 2014) – A group of Massachusetts home-based childcare providers have filed a federal lawsuit challenging a 2012 law that seeks to forcibly unionize the state’s home-based childcare providers.

Providers Kathleen D’Agostino, Denise Boian, Jean Demers, Judith Santos, Laurie Smith, and Kelly Winship filed the suit Tuesday in the U.S. District Court for the District of Massachusetts with free legal assistance from National Right to Work Foundation staff attorneys.

D’Agostino and the other providers seek to halt implementation of a recently-passed law intended to designate Service Employees International Union (SEIU) officials as the monopoly political representative of thousands of providers in the state, who are either business owners or family members who take care of children within their families.

Click here to read the full release.

Boston, MA (April 16, 2014) – A group of Massachusetts home-based childcare providers have filed a federal lawsuit challenging a 2012 law that seeks to forcibly unionize the state’s home-based childcare providers.

Providers Kathleen D’Agostino, Denise Boian, Jean Demers, Judith Santos, Laurie Smith, and Kelly Winship filed the suit Tuesday in the U.S. District Court for the District of Massachusetts with free legal assistance from National Right to Work Foundation staff attorneys.

D’Agostino and the other providers seek to halt implementation of a recently-passed law intended to designate Service Employees International Union (SEIU) officials as the monopoly political representative of thousands of providers in the state, who are either business owners or family members who take care of children within their families.

Home-based childcare and personal care providers, with Foundation attorneys’ assistance, have challenged similar forced-unionization-by-government-fiat schemes in several states across the country, including Michigan and Illinois. The Illinois case is pending at the U.S. Supreme Court. Michigan ended its scheme after Foundation attorneys filed suit for providers there. A group of Minnesota child care providers are also challenging a similar scheme in federal court.

Foundation attorneys argue that such schemes violate the providers’ First Amendment right to choose with whom they associate to petition the government. The government does not have the constitutional authority to force citizens to accept government’s handpicked political representative to lobby itself.

Under the Massachusetts scheme, SEIU Local 509 union officials are empowered to confiscate forced dues and fees from childcare providers for this forced “exclusive representation” starting in June.

“Citizens have the power to select their political representation in government, not the other way around,” said Mark Mix, President of the National Right to Work Foundation. “This scheme, which forces small business owners, and even grandma taking care of her grandchildren, into union political association is a slap in the face of fundamental American principles we hold dear.”

“This union boss power grab scheme is nothing more than pure political payback and was popularized by disgraced Governors Gray Davis of California and Rod Blagojevich of Illinois.”

The U.S. Supreme Court is expected to rule on the Illinois case, Harris v. Quinn this spring. The Minnesota case has been held pending the outcome of the Harris case.