Chattanooga Volkswagen Workers File Federal Suit to Block Further Company and UAW Collusion

Workers rely on Foundation-won precedent establishing that union demands for organizing assistance can violate federal labor law

Washington, DC (March 13, 2014) – Employees at Volkswagen’s Chattanooga, Tennessee facility have filed a federal lawsuit seeking to block further collusion between the company and the United Auto Workers (UAW) union should the National Labor Relations Board (NLRB) order a new unionization election at VW’s Chattanooga plant.

With free legal assistance from National Right to Work Foundation staff attorneys, the workers filed the lawsuit in the U.S. District Court for the Eastern District of Tennessee.

After losing last month’s unionization election, UAW union officials filed objections with the NLRB seeking to overturn the election results. Five VW workers represented by Right to Work Foundation attorneys then successfully moved to intervene in the UAW’s challenge of the election results.

The new suit relies on Foundation-won precedent upheld by a federal appeals court that a Florida casino company’s assistance to union officials during a card check unionization campaign could constitute “thing[s] of value” under the Labor Management Relations Act (LMRA).

Click here to read the full release.

Washington, DC (March 13, 2014) – Employees at Volkswagen’s Chattanooga, Tennessee facility have filed a federal lawsuit seeking to block further collusion between the company and the United Auto Workers (UAW) union should the National Labor Relations Board (NLRB) order a new unionization election at VW’s Chattanooga plant.

With free legal assistance from National Right to Work Foundation staff attorneys, the workers filed the lawsuit in the U.S. District Court for the Eastern District of Tennessee.

After losing last month’s unionization election, UAW union officials filed objections with the NLRB seeking to overturn the election results. Five VW workers represented by Right to Work Foundation attorneys then successfully moved to intervene in the UAW’s challenge of the election results.

The new suit relies on Foundation-won precedent upheld by a federal appeals court that a Florida casino company’s assistance to union officials during a card check unionization campaign could constitute “thing[s] of value” under the Labor Management Relations Act (LMRA). Under the LMRA, employers are prohibited from handing over “any money or other thing of value” to union officials, a provision that is supposed to prevent them from selling out workers’ rights in exchange for corporate concessions.

Late last year, the U.S. Supreme Court heard oral arguments and then “dismissed as improvidently granted” a union appeal of a federal court ruling that these neutrality schemes could violate federal law, thus leaving the lower court’s ruling intact.

The suit contends that the neutrality arrangement between VW and UAW union organizers contain numerous such prohibited provisions, including mandatory pro-union meetings, use of company property by outside UAW organizers, and clauses preventing VW and its managers from opposing unionization, all of which were implemented in the lead up to the vote that UAW lost 712-626.

In exchange for that valuable organizing assistance, the UAW promised the company that, once workers were unionized, UAW officials would delegate many of the union’s duties to a German-style Works Council, limit bargaining demands to ensure company “cost advantages,” and not go on strike. Further, the UAW promised not to make negative comments about VW or to conduct organizing activity for one year if the union lost the election.

“UAW union officials and Volkswagen management have colluded to deprive these workers of a fair vote from the start,” said Mark Mix, President of the National Right to Work Foundation. “Enough is enough, which is why these workers are seeking to prevent further VW assistance to the UAW’s organizing efforts.”

Springfield, VA (March 10, 2014) – The National Labor Relations Board (NLRB) has just granted a motion to intervene filed by five Volkswagen employees in the United Auto Worker union’s legal challenge to the outcome of the recent unionization election at VW’s Chattanooga plant. All five employees are receiving free legal assistance from the National Right to Work Foundation.

Patrick Semmens, Vice President of the National Right to Work Foundation, issued the following statement:

“We are very pleased that, despite attempts by Volkswagen and UAW officials to keep workers out of this process, the acting Regional Director has ruled that the workers are entitled to defend their vote to keep the UAW out of their workplace. The decision over whether or not to unionize is supposed to lie with the workers, which makes the attempt by VW and the UAW to shut them out of this process all the more shameful.”

Foundation staff attorneys earlier helped several VW workers file charges citing improprieties in the UAW’s unionization campaign in Chattanooga, including union attempts to get workers to sign union authorization cards through coercion and misrepresentation and the UAW’s use of cards signed too long ago to be legally valid. Some of those workers also filed a federal charge against Volkswagen after company officials made comments linking unionization to increased production at the Chattanooga facility.

Washington, DC (March 5, 2014) – This morning, National Right to Work Foundation staff attorney William Messenger testified before the U.S. House Committee on Education and the Workforce on the dangers of the National Labor Relations Board’s (NLRB) proposed election rules.

The committee, which is chaired by Rep. John Kline (R-MN), held a hearing entitled “Culture of Union Favoritism: The Return of the NLRB’s Ambush Election Rule” on a series of election rule changes proposed by the NLRB that leave employees uninformed about potential downsides to unionization.

Messenger, a veteran Foundation staff attorney who has argued before the Supreme Court, contends that dramatically shortening the period before unionization elections will hurt workers’ ability to cast an informed vote.

“The short time frame under the proposed rules will make it extremely difficult, if not impossible, for individual employees opposed to unionization to organize against a union’s well-funded and professionally orchestrated campaign to win the monopoly bargaining privilege,” wrote Messenger in testimony submitted to the Committee prior to the hearing.

“The NLRB continues to try to rig the game in favor of aggressive union organizers,” said Mark Mix, President of the National Right to Work Foundation. “The National Right to Work Foundation, which represents thousands of employees nationwide, opposes these rule changes because they would prevent workers from making an informed decision about unionization.”

Volkswagen Workers File Motion to Defend Against UAW Union Boss NLRB Election Objections

UAW union bosses lost secret-ballot unionization election, but Volkswagen appears unwilling to defend workers’ rejection of the UAW

Washington, DC (February 25, 2014) – Five Chattanooga, Tennessee Volkswagen workers have filed a motion to intervene after the United Auto Workers (UAW) union filed objections to an election in which workers at VW’s Chattanooga facility voted against unionization.

The five workers filed the motion to intervene with free legal assistance from National Right to Work Foundation staff attorneys.

Late last week, UAW union officials filed the objections with the National Labor Relations Board (NLRB) after Chattanooga VW workers voted against giving the UAW union hierarchy monopoly bargaining control over the plant via a rapid-fire unionization election.

Click here to read the full release.

Washington, DC (February 25, 2014) – Five Chattanooga, Tennessee Volkswagen workers have filed a motion to intervene after the United Auto Workers (UAW) union filed objections to an election in which workers at VW’s Chattanooga facility voted against unionization.

The five workers filed the motion to intervene with free legal assistance from National Right to Work Foundation staff attorneys.

Late last week, UAW union officials filed the objections with the National Labor Relations Board (NLRB) after Chattanooga VW workers voted against giving the UAW union hierarchy monopoly bargaining control over the plant via a rapid-fire unionization election.

Foundation staff attorneys earlier helped several VW workers file charges citing improprieties in the UAW’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 after German VW officials made comments linking unionization to more production for the facility.

Just days after the NLRB dismissed the workers’ charges, the NLRB approved a rapid-fire unionization election. On January 27, VW and the UAW struck a backroom “neutrality” deal that called for the election after just nine days, provided UAW union operatives with nearly unfettered access to the facility, paid workers to attend pro-UAW captive audience meetings, and required company management to “align” their public statements with union officials.

“Based on Volkswagen management’s actions leading up to this point, these workers are concerned that VW will not actively defend their vote to remain free from union boss control,” said Mark Mix, President of the National Right to Work Foundation. “That’s why these workers have filed a motion to intervene with the help of National Right to Work Foundation staff attorneys.”

Mix continued: “The NLRB should immediately grant the employees’ motion to intervene in the election certification process to ensure that one party to the process is fully invested in upholding the election results. Otherwise, UAW officials with the approval of VW and a pro-union NLRB will be able to continually throw out election results until they get the result they want.”

Washington, DC (February 21, 2014) – United Auto Workers (UAW) union officials have filed objections with the National Labor Relations Board (NLRB) to the results of a unionization election in which workers at Volkswagen America’s Chattanooga, Tennessee facility voted against giving the UAW union hierarchy monopoly bargaining control over the plant. Mark Mix, President of the National Right to Work Foundation, issued the following statement in response to the UAW’s objections:

“Chattanooga VW employees managed to stave off a coercive unionization campaign even though the UAW and VW officials colluded for over two years to stack the deck against the workers. The result of this election came after the NLRB further tilted the playing field in favor of UAW union officials by fast-tracking the unionization process. Despite all of this, UAW union officials still lost the vote.

“Now, UAW union officials are blaming everyone but themselves for swaying the vote against the union, while neglecting the fact that members of VW Germany management threatened workers to unionize or miss out on more work. Even President Obama weighed in with support for unionization. Obviously, the UAW’s complaints about ‘outside influences’ only apply to those that oppose the UAW.

“In the past, the NLRB has refused to uphold employer objections to unionization elections in which politicians acting at the behest of the UAW seemingly swayed the vote’s outcome in favor of the union. Foundation staff attorneys plan to exercise every legal option for workers who support the election’s result, because they are concerned that Volkswagen will not actively defend the employees’ vote.”

Washington, DC (February 14, 2014) – Mark Mix, President of the National Right to Work Foundation, issued the following statement after the announcement today that a majority of workers voting at Volkswagen America’s Chattanooga, Tennessee facility voted against giving the United Auto Workers (UAW) union hierarchy monopoly bargaining control over the plant via a rapid-fire unionization election:

“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. Volkswagen Germany board members wanted UAW union officials to gain monopoly bargaining powers over the Chattanooga facility so that they don’t have to compete with nonunion VW workers in America.

“The result of this election comes after the National Labor Relations Board (NLRB) unprecedentedly fast-tracked the unionization process, further tilting the playing field in favor of UAW union officials. It also 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.

“Despite all of this, UAW union officials’ still lost the vote. If UAW union officials cannot win when the odds are so stacked in their favor, perhaps they should reevaluate the product they are selling to workers.”

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 intimidated their fellow workers into accepting UAW monopoly bargaining power over their workplace.

After the NLRB dismissed those charges, Foundation attorneys asked the NLRB’s Inspector General to investigate the agency’s conduct during its processing of the workers’ unfair labor practice charges. Foundation attorneys received evidence that the agency’s actions undermined their ability to advise their clients before the dismissal of their cases became publicly known.

Just days after the NLRB dispatched the workers’ charges, the NLRB approved a rapid-fire unionization election. John Raudabaugh, a law professor and former NLRB member, was quoted by the media as saying, “I have never seen such a quick election.”

Foundation attorneys also filed a Freedom of Information Act (FOIA) request with the NLRB seeking full disclosure regarding the agency’s handling of the case and its contacts with UAW agents.

Today, an article on RealClearMarkets raises more questions regarding the National Labor Relations Board’s (NLRB) conduct in the United Autoworker (UAW) union boss push to gain monopoly power over Volkswagen workers in Chattanooga, Tennessee:

What is unusual about this election for United Auto Workers representation?…

The speedy election was coordinated with the National Labor Relations Board, which was unusually cooperative in approving the election petition. Although the election was only nine days away, the board immediately agreed to set up an election during a three-day period. The NLRB must organize and supervise the election, and count the ballots. How odd that on February 3 the Board had time available from February 12 to 14 to do this, a big favor for the United Auto Workers.

Former NLRB board member John N. Raudabaugh, now a law professor, told me, "I have never seen such a quick election."

As you may recall, National Right to Work Foundation staff attorneys are assisting several workers who challenged the UAW’s and VW’s coercive unionization tactics at the Chattanooga VW facility. After a three month investigation, the NLRB’s Division of Advice issued two memos instructing the NLRB Regional Director in Atlanta to dismiss the workers’ charges.

Moreover, NLRB staff in Washington, DC, hurriedly released the Division’s instructions to members of the press and did not release the memos to the workers’ Foundation staff attorneys.

A leaked email shows that the Regional Director in Atlanta questioned the propriety of the memos’ release to the media, contrary to longstanding NLRB practice.

Foundation attorneys are concerned that the NLRB’s hurried public release of memos favorable to VW and the UAW right before a high-profile election, and its approval of a quick-snap election within hours of VW requesting one, calls into question the agency’s impartiality in the workers’ cases.

Foundation staff attorneys have requested an official inquiry into the NLRB’s conduct in the case, and also filed a Freedom of Information Act (FOIA) request with the NLRB seeking full disclosure regarding the agency’s handling of the case and its contacts with UAW agents.

The NLRB’s actions in this case continue to raise questions about its impartiality going forward.

Hollywood, FL (February 11, 2014) – Following a prolonged legal battle, a local casino worker has successfully fought off a backroom union organizing deal with help of National Right to Work Foundation staff attorneys. Martin Mulhall withdrew his lawsuit, which went all the way to the U.S. Supreme Court, after union lawyers ceased their efforts to enforce the agreement Mulhall was challenging.

Mulhall was contesting a union organizing pact struck in 2004 between UNITE HERE Local 355 officials and Mardi Gras Gaming. Under the deal, union officials promised to spend over one hundred thousand dollars on a gambling ballot initiative and guaranteed not to picket, boycott, or strike against Mardi Gras facilities.

In return, union organizers asked Mardi Gras to give them employees’ personal contact information (including home addresses) and grant access to company facilities during a coercive “card check” organizing campaign, refrain from informing workers about the downsides of unionization, and not request a federally-supervised secret ballot election to determine whether employees unionized.

Mulhall filed a lawsuit challenging the organizing pact in 2008, alleging that the company’s concessions were of substantial monetary value because they made UNITE HERE’s organizing drive easier and less expensive. Under the Labor Management Relations Act, employers are prohibited from handing over “any money or other thing of value” to union organizers, a provision that is supposed to prevent union officials from selling out workers’ rights in exchange for corporate concessions.

In December, the U.S. Supreme Court “dismissed as improvidently granted” a union appeal of the Eleventh Circuit Court of Appeals’ ruling in Mulhall v. UNITE HERE. The dismissal leaves intact the appeals court’s ruling that the company’s organizing assistance to union officials could constitute “thing[s] of value” under the Labor Management Relations Act. After the Court dismissed the union’s appeal, UNITE HERE finally abandoned its effort to enforce the organizing pact.

“Management shouldn’t be allowed to turn over employees’ personal information to aggressive Big Labor organizers as a negotiating tactic, which is why the Eleventh Circuit’s precedent is a vital protection for independent-minded workers,” said Mark Mix, President of the National Right to Work Foundation. “Thanks to Mr. Mulhall’s victory, union bosses and employers who use workers’ rights as a bargaining chip will now enter into these agreements at their own risk.”