Los Angeles, CA (December 11, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, an MV Transportation employee has filed federal unfair labor practice charges with the National Labor Relations Board (NLRB) against the Teamsters Local 63 union.

According to Gladys Canas, Teamster lawyers filed a spurious blocking charge for the sole purpose of preventing a decertification election that would have removed the union from her workplace.

On November 15, Canas submitted a petition for a union decertification election to her employer. On November 20, the NLRB held a hearing on the case during which Teamster officials requested a continuance, ostensibly to gain time to respond to the decertification election.

On November 21, however, Teamster lawyers filed an unfair labor practice charge against MV Transportation, alleging that the company unlawfully encouraged and assisted employees in their attempt to decertify the union.

Canas’ charge, filed by a Foundation staff attorney, alleges that Teamster officials offered no evidence to substantiate their allegations against the company. Instead, the union’s charge is only aimed at preventing or delaying the employees’ efforts to get rid of an unwanted union.

Canas is seeking an immediate dismissal of the union’s blocking charge by the NLRB.

“Instead of respecting employees’ rights to decide if they actually want a union, Teamster bosses filed bogus blocking charges to prevent a workplace election,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “Workers shouldn’t be saddled with an unwanted union, which is why National Right to Work Foundation staff attorneys stepped in to assist Ms. Canas.”

Goshen, IN (December 3, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a former Eagle Ready Mix concrete worker has won a settlement from a local Teamster union for violating his rights.

Edward Chupp of Goshen originally filed an unfair labor practice charge with the National Labor Relations Board (NLRB) because Teamster Local 364 union officials never informed Eagle Ready Mix workers of their rights, including their right to refrain from full-dues-paying union membership as upheld by the U.S. Supreme Court in the Foundation-won Communications Workers v. Beck case.

In May, Chupp had informed the union that he was exercising his right under Beck to refrain from formal, full-dues-paying union membership.

Although Indiana’s recently-enacted Right to Work law states that no employee can be required to pay union dues as a condition of employment, forced dues contracts between unions and employers entered into prior to the effective date of the law remain in force throughout the state. Therefore, Chupp was forced to pay a part of union dues to keep his job at the time. However, Chupp could not be compelled to pay the part of union dues used for political, lobbying, and member-only activities.

Despite Chupp’s resignation in May, Teamsters Local 364 union officials failed to acknowledge his resignation and continued to confiscate full union dues from his paychecks. Additionally, union officials refused to provide Chupp with the financial disclosure and procedural rights required by federal law to ensure that workers are not illegally paying for union boss political activities and member-only events.

Under the terms of the settlement, Teamster Local 364 union officials agreed to refund Chupp the illegally-taken union dues from his paychecks and post a notice in the workplace informing workers of their rights to refrain from full dues-paying union membership.

“Teamster union officials were caught extracting full union dues from workers who wanted to exercise their rights,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “Fortunately, Indiana’s new Right to Work law breaks workers free from the shackles of affiliating and paying dues to a union hierarchy like Teamsters Local 364 that otherwise would keep workers in the dark about their rights if they could get away with it.”

Indiana became the nation’s 23rd Right to Work state earlier this year.

Albuquerque, NM (December 3, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a public defender from the Alamogordo office of the New Mexico Public Defender Department has won a settlement from a local union for wrongfully charging her with failure to pay union dues for the past five years.

Nancy Fleming initially filed a charge with the New Mexico Public Employee Labor Relations Board against American Federation of State, County, and Municipal Employees (AFSCME) New Mexico Council 18 after union officials tried to confiscate forced union dues payments from her paycheck without notifying her that she was in the union’s monopoly bargaining unit or following federal disclosure requirements.

Fleming was unaware that AFSCME Council 18 union officials claimed to “represent” her and she was never asked if she wanted to be a member or pay union dues or fees to the union. However, Fleming began to receive notices earlier this year from a collection agency stating that the union reported her delinquent in paying union dues or fees dating back to 2006.

In New Mexico, union officials often report workers who do not make dues payments to a collection agency, opening the door for unsuspecting workers to find themselves being harassed for payment of union dues they did not even know existed.

The settlement requires union officials to call off the collection agency and ensure Fleming’s credit rating is intact.

However, because New Mexico does not have Right to Work protections making union affiliation completely voluntary, workers who refrain from formal union membership may still be forced to pay part of union dues to keep their jobs. As such, union officials can begin to confiscate forced union dues from Fleming’s paychecks once they provide her with the proper disclosure

“Because New Mexico does not have a Right to Work law, Ms. Fleming may now be forced to pay union dues or fees as a condition of employment to the very union hierarchy that nearly ruined her credit,” said Mark Mix, President of National Right to Work. “To prevent these types of forced unionism abuses in the future, New Mexico desperately needs to pass a Right to Work law making union affiliation and dues payments completely voluntary”.

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

CVS Worker Files Federal Lawsuit Against Local Union

Union bosses spend nonmembers’ forced dues on union organizing activities

Columbus, OH (November 29, 2012) – A Westerville CVS employee has filed a federal lawsuit against a local union for using his forced union dues for illegal expenditures.

Randall Thompson filed the lawsuit Monday in the U.S. District Court for the Southern District of Ohio with free legal assistance from National Right to Work Foundation staff attorneys.

United Food and Commercial Worker Local 1059 union officials enjoy monopoly bargaining privileges over Thompson’s workplace. And because Ohio does not have a Right to Work law making union affiliation and dues payments completely voluntary, Thompson is forced to pay a portion of union dues or fees as a condition of employment.

Click here to read the full release.

Columbus, OH (November 29, 2012) – A Westerville CVS employee has filed a federal lawsuit against a local union for using his forced union dues for illegal expenditures.

Randall Thompson filed the lawsuit Monday in the U.S. District Court for the Southern District of Ohio with free legal assistance from National Right to Work Foundation staff attorneys.

United Food and Commercial Worker Local 1059 union officials enjoy monopoly bargaining privileges over Thompson’s workplace. And because Ohio does not have a Right to Work law making union affiliation and dues payments completely voluntary, Thompson is forced to pay a portion of union dues or fees as a condition of employment.

However, Thompson has exercised his right, upheld by the U.S. Supreme Court in the Foundation-won Communications Workers v. Beck case, to refrain from full dues-paying union membership. Under Beck, workers have the right to opt out of paying for union activities unrelated to workplace bargaining, such as union boss politicking, members-only events, political lobbying, and organizing.

Under federal labor and case law, union officials must also provide workers with an independently-audited financial breakdown of all forced-dues union expenditures. This procedural safeguard helps inform workers of how their forced union dues are being spent and makes it less difficult for workers to hold union officials accountable.

Earlier this year, Thompson received a financial breakdown from the UFCW union hierarchy. The letter stated that Thompson and other nonmember workers were being forced to subsidize the Local union hierarchy and its International affiliate’s expenses for unionizing workers. Thompson’s lawsuit challenges the union officials’ expenditures for union organizing, which the U.S. Supreme Court has held has only an “attenuated connection with collective bargaining.”

Thompson seeks a refund with interest of all illegally-confiscated dues taken from his paycheck.

“UFCW Local 1059 union officials are illegally spending workers’ hard-earned money to try to force more workers into union ranks,” said Mark Mix, President of the National Right to Work Foundation. “In order to avoid forced unionism abuses like this in the future, Ohio needs a Right to Work law making union affiliation and dues payments completely voluntary.”

Twenty-three states have Right to Work protections for their workers. Recent public polling shows that 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

Ford Repairman’s Charge Spurs Federal Prosecution of Local Teamsters Union

Board’s lenient treatment of union officials’ conduct shows need for state Right to Work law

Minneapolis, MN (November 28, 2012) – Teamsters Local 974 union officials are facing federal prosecution for violating the rights of a former New Brighton Ford journeyman technician.

The National Labor Relations Board (NLRB) regional office in Minneapolis issued a formal complaint against the union after Dylan McHenry of Hammond, Wisconsin filed federal charges against the union with free legal assistance from National Right to Work Foundation staff attorneys.

Because Minnesota does not have Right to Work protections making union affiliation completely voluntary, McHenry was still forced to pay fees to the union to keep his job. However, the U.S. Supreme Court ruled in the Foundation’s Communication Workers of America v. Beck case that workers are not required to pay union dues or fees for union boss political activities, lobbying, and member-only events.

Click here to read the full release.

Minneapolis, MN (November 28, 2012) – Teamsters Local 974 union officials are facing federal prosecution for violating the rights of a former New Brighton Ford journeyman technician.

The National Labor Relations Board (NLRB) regional office in Minneapolis issued a formal complaint against the union after Dylan McHenry of Hammond, Wisconsin filed federal charges against the union with free legal assistance from National Right to Work Foundation staff attorneys.

Because Minnesota does not have Right to Work protections making union affiliation completely voluntary, McHenry was still forced to pay fees to the union to keep his job. However, the U.S. Supreme Court ruled in the Foundation’s Communication Workers of America v. Beck case that workers are not required to pay union dues or fees for union boss political activities, lobbying, and member-only events.

Under federal labor and case law, union officials must also provide workers with an independently-audited financial breakdown of all forced-dues union expenditures. This procedural safeguard helps inform workers of how their forced union dues are being spent and makes it less difficult for workers to hold union officials accountable. After McHenry resigned from formal union membership, Teamster union officials provided him with an incomplete breakdown of union expenditures.

McHenry initially filed the federal charge after the union hierarchy both refused to follow federal disclosure requirements and took money from his paychecks for its political action committee (PAC) – a clear violation of federal law.

“Amazingly, the NLRB Regional Director dismissed the allegations about the PAC contribution after Local 974 union officials claimed the illegal PAC payments were a ‘mistake,'” said Mark Mix, president of the National Right to Work Foundation. “The regional office refused to direct the union to refund the illegally-seized union dues or impose any other punishment against the union, even though the illegal extractions continue.”

“However, the Region will prosecute the union hierarchy for not properly following federal disclosure requirements,” added Mix. “To prevent these types of forced unionism abuses in the future, Minnesota needs to pass a Right to Work law making union affiliation and dues payments completely voluntary.”

Twenty-three states have Right to Work protections for their workers. Recent public polling shows that 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

Caterpillar Workers File Federal Charges Against Machinist Union in Wake of Summer Strike

Union officials attempt to retaliate against nonmember workers

Chicago, IL (November 6, 2012) – In the wake of last summer’s Machinist union boss-instigated strike against Caterpillar (NYSE: CAT), two Caterpillar workers have filed a federal charge against the Machinist union and its local affiliate for violating their rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Daniel Eggleston and Steven Olson filed their charge 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.

Eggleston and Olson have refrained from union membership in the International Association of Machinist (IAM) union and its local District Lodge 851 affiliate for years and are thus exempt from the union hierarchy’s constitution and bylaws. However, because Illinois does not have Right to Work protections making union affiliation completely voluntary, they are still forced to pay part of union dues to keep their jobs.

Under federal law, workers who refrain from union membership cannot be disciplined for continuing to work during a union boss-ordered strike.

Click here to read the full release.

Chicago, IL (November 6, 2012) – In the wake of last summer’s Machinist union boss-instigated strike against Caterpillar (NYSE: CAT), two Caterpillar workers have filed a federal charge against the Machinist union and its local affiliate for violating their rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Daniel Eggleston and Steven Olson filed their charge 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.

Eggleston and Olson have refrained from union membership in the International Association of Machinist (IAM) union and its local District Lodge 851 affiliate for years and are thus exempt from the union hierarchy’s constitution and bylaws. However, because Illinois does not have Right to Work protections making union affiliation completely voluntary, they are still forced to pay part of union dues to keep their jobs.

Under federal law, workers who refrain from union membership cannot be disciplined for continuing to work during a union boss-ordered strike.

On May 1, Machinist Local 851 union bosses ordered all of the over 800 Rockdale Caterpillar workers on strike. Eggleston and Olson, along with over a hundred other workers, continued to work despite IAM union boss demands.

IAM Local 851 union bosses recently informed Eggleston and Olson, and other workers, that the union hierarchy intends to discipline them for refusing to leave their jobs during the strike.

Moreover, although Eggleston and Olson exercised their right under Foundation-won U.S. Supreme Court precedent upheld in Communication Workers v. Beck to refrain from full-dues-paying union membership, Local 851 union officials have continued to extract full union dues from their paychecks. In Beck, the Court held that workers who refrain from union membership cannot be forced to pay for union activities unrelated to workplace bargaining, such as politics and political lobbying.

Eggleston and Olson’s charge challenges the union hierarchy’s assertion that it can punish them for continuing to work during the strike. The charge also challenges the amount of forced dues taken from the workers’ paychecks and the cumbersome process workers must take to refrain from full-dues-paying union membership in the IAM union.

“IAM union bosses are trying to punish workers who had the temerity not to toe the union boss line,” said Mark Mix, President of National Right to Work. “No workers should 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.”

School Bus Drivers Slam the Brakes on Teamster Union Rights Violations

Union officials charge nonmember workers more than full dues to keep their jobs

Spring Grove, PA (October 25, 2012) – A local Teamster union is facing federal prosecution after violating the rights of two local school bus drivers.

The case stems from federal charges filed by two school bus drivers, LeeAnn Schorner and Brenda Wiseman, with the National Labor Relations Board (NLRB) with free legal assistance from National Right to Work Foundation staff attorneys.

Schorner and Wiseman refrain from formal union membership in the Teamsters Local Union 776 and object to paying full union dues. Because Pennsylvania lacks a Right to Work law, workers can be compelled to pay union fees as a condition of employment.

Click here to read the full release.