4 Apr 2013

Hostess Delivery Driver Wins $47,000 in Federal Case Challenging Teamster Union Boss Discrimination

Posted in News Releases

Tulsa, OK (April 4, 2013) – An Interstate Bakeries Wonder Bread/Hostess delivery driver has won over $47,000 in back pay and reimbursement from a local Teamster union and the company in a union discrimination case that the union twice appealed to the U.S. Supreme Court.

Oklahoma worker Kirk Rammage received free assistance from the National Right to Work Foundation during his seven year legal battle challenging a local Teamster union’s discriminatory policy.

Rammage was the single nonunion sales representative with Dolly Madison for over 15 years before his division was merged in 2005 with Wonder Bread/Hostess. Although the company initially wanted to protect Rammage’s seniority during the merger, Teamsters Local 523 union officials insisted that union members receive preferential treatment by putting Rammage at the bottom of the seniority roster despite his longer workplace tenure. The company later caved in to the union bosses’ demand.

By insisting that Rammage lose his seniority, Teamster officials effectively signaled that union workers took priority over their nonunion colleagues. As a result, Rammage was forced to commute to a new work location more than 70 miles away.

After Rammage filed federal charges against the union, the National Labor Relations Board (NLRB) ruled against the discriminatory Teamster-imposed policy. The U.S. Court of Appeals for the Tenth Circuit upheld the NLRB’s decision on an appeal filed by Teamster union lawyers. Those rulings were later nullified by the U.S. Supreme Court in 2009 on the ground that the Board lacked a three member quorum at the time of its decision.

The case then went back to the NLRB. Once the Board had a quorum, the NLRB revisited the facts of the case and again concluded that Teamster officials broke the law by discriminating against employees based on their union representation status. The Tenth Circuit upheld the NLRB ruling again on appeal and slapped Teamster Local 523 with monetary sanctions for the frivolous nature of the union’s lawyers’ second appeal. Teamster union lawyers appealed the case to the U.S. Supreme Court again, but the Court declined to take the case.

The case then went before a NLRB Administrative Law Judge to determine the amount of back pay and damages the union and employer owe Rammage. The judge ruled last week that Rammage is entitled to $47,337 in back pay and reimbursements. That amount will continue to increase due to interest until Rammage is paid by the union hierarchy and/or the company.

“Justice delayed is justice denied and Mr. Rammage has been denied justice for far too long,” said Mark Mix, President of the National Right to Work Foundation. “We hope this latest ruling settles the case once and for all.”

4 Apr 2013

SEIU Union Officials Violate Federal Settlement

Posted in News Releases

News Release

SEIU Union Officials Violate Federal Settlement

Worker advocate assists healthcare workers coerced into forced dues union ranks

Sacramento, CA (April 4, 2013) – With free legal aid from National Right to Work Foundation staff attorneys, a Sutter Roseville Medical Center respiratory care practitioner has filed another federal charge against a statewide union for violating a federal settlement by coercing her and her colleagues into paying full union dues even though they are not union members.

In late 2011, Mary Massen won a federal settlement after filing charges against with the Oakland-based Service Employees International Union United Healthcare Workers – West (SEIU-UHW) union with the National Labor Relations Board (NLRB).

Because California does not have Right to Work protections for its workers, Massen, who has exercised her right to refrain from formal union membership, is still forced to pay union fees as a condition of employment. However, because of a Foundation-won Supreme Court precedent in Communication Workers v. Beck, she cannot be compelled to pay the portion of union dues used for the union’s political, lobbying, and member-only activities. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently verified audit of chargeable and non-chargeable expenses.

Click here to read the full release.

4 Apr 2013

SEIU Union Officials Violate Federal Settlement

Posted in News Releases

Sacramento, CA (April 4, 2013) – With free legal aid from National Right to Work Foundation staff attorneys, a Sutter Roseville Medical Center respiratory care practitioner has filed another federal charge against a statewide union for violating a federal settlement by coercing her and her colleagues into paying full union dues even though they are not union members.

In late 2011, Mary Massen won a federal settlement after filing charges against with the Oakland-based Service Employees International Union United Healthcare Workers – West (SEIU-UHW) union with the National Labor Relations Board (NLRB).

Because California does not have Right to Work protections for its workers, Massen, who has exercised her right to refrain from formal union membership, is still forced to pay union fees as a condition of employment. However, because of a Foundation-won Supreme Court precedent in Communication Workers v. Beck, she cannot be compelled to pay the portion of union dues used for the union’s political, lobbying, and member-only activities. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently verified audit of chargeable and non-chargeable expenses.

In the initial case, SEIU-UHW officials failed to provide nonmember employees with the disclosure Beck requires and forced the workers to object annually, a tactic designed to coerce workers into paying full union dues. Additionally, union officials required employees to provide their social security numbers to refrain from paying union dues used for union boss political activities, further discouraging workers from exercising their rights.

The settlement eliminated SEIU-UHW’s annual renewal requirement, stopped union officials from demanding social security numbers from workers exercising their Beck rights, and required union officials to post an informational notice in the workplace.

However, SEIU-UHW union officials have been deducting full union dues from Masson and other nonmembers’ paychecks for 2013, despite their status as nonmembers.

“These scofflaw SEIU union bosses continue to make a mockery of federal labor law,” said Mark Mix, President of the National Right to Work Foundation. “California needs a Right to Work law to protect workers from these types of forced unionism abuses in the future.”

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

2 Apr 2013

Right to Work Foundation Announces Offer of Free Legal Aid to Chattanooga Volkswagen Employees

Posted in News Releases

News Release

Right to Work Foundation Announces Offer of Free Legal Aid to Chattanooga Volkswagen Employees

Union and company are reportedly colluding to force workers into union ranks

Springfield, VA (April 1, 2013) – Mark Mix, President of the National Right to Work Foundation, has issued the following statement in response to recent media reports that United Auto Worker (UAW) union and Volkswagen AG (VOW.DE) officials are in talks to unionize the VW workers at the Chattanooga, Tennessee plant:

"Recent media reports suggest that UAW union officials are working to negotiate the workplace conditions of Volkswagen’s Chattanooga employees even though the workers are not represented by the UAW union hierarchy.

"The National Right to Work Foundation has seen again and again the UAW union hierarchy pressure companies to cut backroom deals designed to push workers into union ranks whether the employees like it or not. For example, UAW officials vetoed pay increases and secretly pre-negotiated bargaining concessions at the expense of Freightliner workers in North and South Carolina in exchange for company assistance in unionizing the workers.

Click here to read the full release.

1 Apr 2013

Additional Caterpillar Workers File Federal Charges Against Machinist Union Hierarchy for Strike Fines

Posted in News Releases

News Release

Additional Caterpillar Workers File Federal Charges Against Machinist Union Hierarchy for Strike Fines

Union officials demand hundreds of thousands of dollars in strike fines from workers

Chicago, IL (April 1, 2013) – In the wake of last summer’s Machinists union boss-instigated strike against Caterpillar (NYSE: CAT), 24 more Caterpillar workers have filed federal charges against a local Machinists union for violating their rights and levying retaliatory strike fines against them after they continued to work during the strike.

With free legal assistance from National Right to Work Foundation staff attorneys, the 24 workers filed their charges with the National Labor Relations Board (NLRB) regional office in Chicago. Foundation attorneys anticipate more charges will be filed for other Caterpillar workers at the facility.

On May 1, 2012, International Association of Machinists (IAM) District Lodge 851 union bosses ordered all of the over 800 Rockdale Caterpillar workers on strike. The 24 workers were among the over hundred workers who worked despite the IAM union boss demands.

Under federal law, workers who are not voluntary union members are exempt from the union hierarchy’s constitution and bylaws and thus cannot be disciplined for continuing to work during a union boss-ordered strike.

However, IAM Local 851 union bosses recently levied fines totaling in the hundreds of thousands of dollars against the workers for continuing to work during the strike.

Click here to read the full release.

1 Apr 2013

Additional Caterpillar Workers File Federal Charges Against Machinist Union Hierarchy for Strike Fines

Posted in News Releases

Chicago, IL (April 1, 2013) – In the wake of last summer’s Machinists union boss-instigated strike against Caterpillar (NYSE: CAT), 24 more Caterpillar workers have filed federal charges against a local Machinists union for violating their rights and levying retaliatory strike fines against them after they continued to work during the strike.

With free legal assistance from National Right to Work Foundation staff attorneys, the 24 workers filed their charges with the National Labor Relations Board (NLRB) regional office in Chicago. Foundation attorneys anticipate more charges will be filed for other Caterpillar workers at the facility.

On May 1, 2012, International Association of Machinists (IAM) District Lodge 851 union bosses ordered all of the over 800 Rockdale Caterpillar workers on strike. The 24 workers were among the over hundred workers who worked despite the IAM union boss demands.

Under federal law, workers who are not voluntary union members are exempt from the union hierarchy’s constitution and bylaws and thus cannot be disciplined for continuing to work during a union boss-ordered strike.

However, IAM Local 851 union bosses recently levied fines totaling in the hundreds of thousands of dollars against the workers for continuing to work during the strike.

Some of the workers allege that they were never truly voluntary union members because IAM Lodge 851 union officials never informed them of their right to refrain from union membership. Some workers resigned union membership before returning to work and others have additional defenses to the union officials’ outrageous demands of retaliatory strike fines.

Some of the workers allege that union officials (including the union’s president) even gave them implicit permission that it was acceptable to go back to work to continue to support their families. Another worker alleges that union militants physically assaulted his wife and child and the union hierarchy has collected twice the normal amount of union dues from his paycheck.

“IAM union bosses are trying to intimidate and punish workers who had the temerity not to toe the union boss line,” said Mark Mix, President of the National Right to Work Foundation. “Workers should never be forced to abandon their jobs and be denied their right to provide for themselves and their families at the whim of militant union bosses.”

1 Apr 2013

Right to Work Foundation Announces Offer of Free Legal Aid to Chattanooga Volkswagen Employees

Posted in News Releases

Springfield, VA (April 1, 2013) – Mark Mix, President of the National Right to Work Foundation, has issued the following statement in response to recent media reports that United Auto Worker (UAW) union and Volkswagen AG (VOW.DE) officials are in talks to unionize the VW workers at the Chattanooga, Tennessee plant:

"Recent media reports suggest that UAW union officials are working to negotiate the workplace conditions of Volkswagen’s Chattanooga employees even though the workers are not represented by the UAW union hierarchy.

"The National Right to Work Foundation has seen again and again the UAW union hierarchy pressure companies to cut backroom deals designed to push workers into union ranks whether the employees like it or not. For example, UAW officials vetoed pay increases and secretly pre-negotiated bargaining concessions at the expense of Freightliner workers in North and South Carolina in exchange for company assistance in unionizing the workers.

"Whenever UAW union officials have brokered secret agreements with companies, history shows that workers often end up with a raw deal. Volkswagen workers may suffer the same fate.

"National Right to Work attorneys have assisted workers across the country who have suffered the consequences of these top-down organizing campaign designed by UAW union officials.

"Workers who feel they are being unfairly pressured when deciding whether or not to associate with the UAW union may request free legal aid from National Right to Work Foundation staff attorneys by calling 1-800-336-3600 or on the Foundation’s website at www.nrtw.org."

28 Mar 2013

New Michigan Right to Work Laws Take Effect Today

Posted in News Releases

News Release

New Michigan Right to Work Laws Take Effect Today

National Right to Work Legal Defense Foundation offers free legal aid to workers seeking to exercise their rights under Michigan’s Right to Work protections

Springfield, VA (March 28, 2013) – In response to Michigan’s Right to Work laws taking effect today, Mark Mix, President of the National Right to Work Foundation, issued the following statement:

"No worker should ever be forced to join or pay dues to a union as a condition of their employment. That is why Michigan’s new Right to Work laws are great advances for worker freedom. Today, workers in Michigan finally have Right to Work protections.

Click here to read the full release.

28 Mar 2013

New Michigan Right to Work Laws Take Effect Today

Posted in News Releases

Springfield, VA (March 28, 2013) – In response to Michigan’s Right to Work laws taking effect today, Mark Mix, President of the National Right to Work Foundation, issued the following statement:

"No worker should ever be forced to join or pay dues to a union as a condition of their employment. That is why Michigan’s new Right to Work laws are great advances for worker freedom. Today, workers in Michigan finally have Right to Work protections.

"In response to recent media reports about union officials seeking to skirt Michigan’s new Right to Work laws, the National Right to Work Legal Defense Foundation, a charitable organization that provides free legal assistance to employees nationwide, has created a special task force to defend workers seeking to exercise their Right to Work.

"Affected employees are encouraged to call the Foundation’s legal hotline at 1-800-336-3600 or contact the Foundation through its website at www.nrtw.org.

"Any worker who wants to learn more about their rights under Michigan’s Right to Work laws should also visit the Foundation’s award-winning website."

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

27 Mar 2013

Kansas City Police Officers Seek to Handcuff Union’s Forced-Dues Scheme

Posted in News Releases

News Release

Kansas City Police Officers Seek to Handcuff Union’s Forced-Dues Scheme

Right to Work Foundation attorneys challenge union hierarchy for violating employees’ constitutional rights

Kansas City, MO (March 27, 2013) – Seventeen Missouri police officers have filed a federal class-action lawsuit against a local police union, the Board of Police Commissions of Kansas City, and the mayor of Kansas City for violating their rights.

The 17 officers filed the suit in the U.S. District Court for the Western District of Missouri with free legal assistance from National Right to Work Foundation staff attorneys.

In October of 2012, Fraternal Order of Police (FOP) Lodge 99 union officials agreed to a settlement in a lawsuit between the union and the city in which union officials made concessions on police officers’ wages, benefits, and retirement age in exchange for the power to force nonmember police officers into paying forced union dues and fees as a condition of their employment.

Click here to read the full release.