Boston, MA (February 14, 2013) – Workers caught in a battle between a local union and Lynn-based Complete Cleaning, Inc. have won a federal settlement from the union after union officials illegally claimed to have monopoly bargaining privileges over the workers.

The settlement stems from federal unfair labor practice charges filed by Complete Cleaning worker Jairo Hernandez of Lynn against Service Employees International Union (SEIU) Local 615. Hernandez filed the charges with free legal assistance from National Right to Work Foundation staff attorneys.

SEIU Local 615 officials tried to claim monopoly bargaining privileges over Complete Cleaning’s workers even though workers nearly unanimously oppose the union hierarchy in their workplace. Under federal law, it is illegal for a union to claim monopoly bargaining powers over a workplace without support of the employees.

Furthermore, the SEIU filed federal charges against Complete Cleaning in an attempt to force the employer to negotiate a contract with the union. The workers feared that, because Massachusetts does not have a Right to Work law making union dues payments strictly voluntary, SEIU officials would have demanded a contract that would force Complete Cleaning’s workers into union dues payments against their will.

Hernandez filed the charges for himself and his coworkers with the National Labor Relations Board (NLRB) regional office in Boston. The settlement requires the SEIU union hierarchy to stop trying to claim monopoly bargaining powers over the workers unless and until it can show that it has majority employee support.

““SEIU officials attempted to exploit their special government-granted privilege to clean these Complete Cleaning workers’ pockets of forced union dues,” said Mark Mix, President of the National Right to Work Foundation. “Massachusetts needs a Right to Work law to make it less difficult for workers to keep predatory union bosses in check.”

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.

Washington, DC (February 13, 2013) – Ray LaJeunesse, Vice President and Legal Director of the National Right to Work Foundation, testified today before a subcommittee of the House Committee on Education and the Workforce about the need to more vigorously enforce employees’ rights to refrain from funding union politics.

LaJeunesse, who has over 40 years of experience on the Foundation’s legal staff and has argued four cases before the U.S. Supreme Court, repeatedly criticized the National Labor Relations Board (NLRB) for its lax enforcement of the rights of workers who wish to refrain from union affiliation. Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, private sector employees have the right to refrain from paying for union activities unrelated to workplace bargaining, such as members-only events and union political activism.

However, LaJeunesse pointed out that the Board has permitted union officials to erect a number of bureaucratic hurdles that discourage independent-minded employees from asserting their Beck rights. LaJeunesse noted that many unions now require employees to annually renew their objections to union political spending during a designated “window period,” a practice that allows union officials to continue extracting full dues from nonunion employees if they miss an arbitrary filing deadline.

Moreover, the Board has recently held that nonunion employees can be charged for organizing activities and political lobbying for “goals that are germane to collective bargaining.” This elastic interpretation of the Supreme Court’s Beck standard undermines the ability of nonunion employees to refrain from funding ideological and organizing activities they may disagree with.

“In sum, the problem is systemic,” concluded LaJeunesse. “The Board has dismally failed to protect workers’ Beck rights. Indeed, the current Board seems bent on totally eviscerating those rights.”

“As our Legal Director noted in his testimony before Congress, the Board has shown a total disregard for the rights of independent-minded employees,” said Mark Mix, President of the National Right to Work Foundation. “We hope this testimony will serve as a wake-up call to concerned citizens worried about the Board’s pro-forced unionism bias.”

The full testimony can be found here.

Union Discriminates Against Local AT&T Worker for Exercising His Right to Work

Union officials make an example of nonmember to discourage other workers from exercising their rights under Indiana’s Right to Work law

Indianapolis, IN (February 12, 2013) – A local AT&T worker has filed a federal unfair labor practice charge against a local union for discriminating against him for exercising his rights under Indiana’s new Right to Work law.

With free legal assistance from National Right to Work Foundation staff attorneys, Indianapolis AT&T worker James Dawson filed the charge with the National Labor Relations Board (NLRB) regional office in Indianapolis.

In August 2012, Dawson resigned from membership in and exercised his right to refrain from paying dues to the Communications Workers of America (CWA) Local 4900 union. Under Indiana’s Right to Work law, which was enacted in early 2012, Dawson and other private sector workers have the right to refrain from union membership and dues payments. However, a worker who exercises their rights under the state’s Right to Work law may still be forced to accept an unwanted union’s representation.

Click here to read the full release.

Indianapolis, IN (February 12, 2013) – A local AT&T worker has filed a federal unfair labor practice charge against a local union for discriminating against him for exercising his rights under Indiana’s new Right to Work law.

With free legal assistance from National Right to Work Foundation staff attorneys, Indianapolis AT&T worker James Dawson filed the charge with the National Labor Relations Board (NLRB) regional office in Indianapolis.

In August 2012, Dawson resigned from membership in and exercised his right to refrain from paying dues to the Communications Workers of America (CWA) Local 4900 union. Under Indiana’s Right to Work law, which was enacted in early 2012, Dawson and other private sector workers have the right to refrain from union membership and dues payments. However, a worker who exercises their rights under the state’s Right to Work law may still be forced to accept an unwanted union’s representation.

CWA Local 4900 union bosses enjoy monopoly bargaining powers over all the workers in Dawson’s workplace, including Dawson. In late January, CWA Local 4900 union officials distributed copies of the union hierarchy’s monopoly bargaining agreement free of charge to union members in Dawson’s workplace. However, as detailed in his charge, when Dawson requested a copy of the monopoly bargaining agreement, union officials denied his request and in front of his coworkers demanded he pay $416 for a copy.

Dawson’s charge alleges that union officials are discriminating against him because he exercised his right to refrain from union membership. Dawson’s charge also alleges that union officials made an example of him to send a message to his coworkers that union members would be given preferred treatment over nonmembers even though nonmembers must accept the union’s “representation.”

“CWA Local 4900 union bosses are illegally discriminating against a worker who had the temerity to exercise his rights under Indiana’s popular Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “Union officials are making an example of James Dawson to discourage other workers from exercising their Right to Work.”

Nurses Challenge Federal Agency’s Attempt to Install Illegitimate Union

Union organizers’ intimidation sways outcome of unionization election

Massillon, OH (February 12, 2013) – Two local nurses have filed a motion with the National Labor Relations Board (NLRB) seeking to intervene in a federal case in which the agency is attempting to force a union hierarchy’s “representation” on the nurses in the wake of a tainted organizing election.

With free legal assistance from National Right to Work Foundation staff attorneys, Affinity Medical Center nurses Susan Kelley and Cinda Keener filed the motion last week.

National Nurses Organizing Committee (NNOC) union organizers and Affinity management entered into a “neutrality agreement” that gave union organizers preferential access to the facility, helping them to impose monopoly bargaining on the nurses. Company and union officials refused to disclose the terms of the secret agreement despite repeated requests from the nurses.

Additionally, non-employee union organizers stalked, reported on, and attempted to get company management to retaliate against nurses who exercised their rights to oppose the unionization of their workplace. Company officials, at the behest of NNOC union bosses, even made one of the nurses who opposed unionization document the activities of fellow nurses who campaigned against unionization.

Click here to read the full release.

Massillon, OH (February 12, 2013) – Two local nurses have filed a motion with the National Labor Relations Board (NLRB) seeking to intervene in a federal case in which the agency is attempting to force a union hierarchy’s “representation” on the nurses in the wake of a tainted organizing election.

With free legal assistance from National Right to Work Foundation staff attorneys, Affinity Medical Center nurses Susan Kelley and Cinda Keener filed the motion last week.

National Nurses Organizing Committee (NNOC) union organizers and Affinity management entered into a “neutrality agreement” that gave union organizers preferential access to the facility, helping them to impose monopoly bargaining on the nurses. Company and union officials refused to disclose the terms of the secret agreement despite repeated requests from the nurses.

Additionally, non-employee union organizers stalked, reported on, and attempted to get company management to retaliate against nurses who exercised their rights to oppose the unionization of their workplace. Company officials, at the behest of NNOC union bosses, even made one of the nurses who opposed unionization document the activities of fellow nurses who campaigned against unionization.

The two nurses point out that the secret deal between Affinity and NNOC union officials, combined with the intimidation of nurses who spoke out against unionization, likely affected the outcome of the union organizing vote. The election was “officially” decided by 4 votes with an additional 7 votes contested.

After Affinity refused to accept the results of this tainted election, the union filed an unfair labor practice charge against Affinity demanding company management recognize union officials as the nurses’ monopoly bargaining agent. The NLRB’s General Counsel filed a complaint against Affinity seeking to grant NNOC union officials monopoly bargaining privileges over the nurses.

“Caught between union bosses and corporate executives, these nurses have been stripped of their rights to oppose forced unionism in their workplace,” said Mark Mix, President of the National Right to Work Foundation. “Medical professionals shouldn’t be subjected to backroom deals that give union operatives preferential treatment at the expense of employees’ workplace rights.”

“The NLRB lawyer’s attempts to foist the union on these nurses highlights the sham the Board has made out of federal labor law, which is supposed to protect workers,” added Mix. “If anything, the NLRB should remove the illegitimate union from the nurses’ workplace.”

Worker Advocate Seeks to Halt Obama Labor Board from Acting in Union Lobbying Case

Labor Board moving to negate Supreme Court’s restrictions on union bosses’ power to force workers to pay for union politics

Washington, DC (February 11, 2013) – Today, National Right to Work Foundation staff attorneys filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit asking the court to order the National Labor Relations Board (NLRB) to suspend further action in a case that expanded union bosses’ powers to charge nonmember workers for union political lobbying.

The petition was filed in the wake of the court’s ruling last month invalidating President Barack Obama’s controversial purported “recess appointments” to the Board. The court held President Obama could not constitutionality make those appointments without U.S. Senate confirmation because the Senate was not in recess. National Right to Work Foundation staff attorneys filed an amicus curiae brief jointly with the Landmark Legal Foundation in the case.

As a result, since at least January 3, 2012, the Board has lacked a quorum as required by a U.S. Supreme Court precedent established in 2010, thus invalidating the Board’s rulings since that time.

Click here to read the full release.

Washington, DC (February 11, 2013) – Today, National Right to Work Foundation staff attorneys filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit asking the court to order the National Labor Relations Board (NLRB) to suspend further action in a case that expanded union bosses’ powers to charge nonmember workers for union political lobbying.

The petition was filed in the wake of the court’s ruling last month invalidating President Barack Obama’s controversial purported “recess appointments” to the Board. The court held President Obama could not constitutionality make those appointments without U.S. Senate confirmation because the Senate was not in recess. National Right to Work Foundation staff attorneys filed an amicus curiae brief jointly with the Landmark Legal Foundation in the case.

As a result, since at least January 3, 2012, the Board has lacked a quorum as required by a U.S. Supreme Court precedent established in 2010, thus invalidating the Board’s rulings since that time.

Since the Foundation-won U.S. Supreme Court victory in Communication Workers v. Beck, courts have held that workers who refrain from full-dues-paying union membership cannot be compelled to pay for union political spending, lobbying, member-only events, and similar non-representational activities.

Former Warwick, Rhode Island nurse Jeanette Geary filed a federal unfair labor practice charge against a local nursing union for illegally forcing her and other employees to pay for the union’s lobbying or lose their jobs. In 2012, the Board held that the union hierarchy could force the nurse and her coworkers to pay for the union’s lobbying, including political lobbying in the state of Vermont, but asked for further briefs before it issues an appealable final order.

Today, Foundation attorneys filed the last-resort Petition for a writ of mandamus or prohibition asking the U.S. Court of Appeals for the District of Columbia Circuit to bar the NLRB from further action in the case until a valid Board is seated.

“Jeanette Geary’s case is just the latest example of how independent-minded workers have received unjust treatment at the hands of Obama’s illegal, pro-Big Labor NLRB,” said Mark Mix, President of the National Right to Work Foundation. “The Board must cease its illegal activities expanding union boss powers in the face of long-held Supreme Court precedent and constitutional case law prohibiting union bosses from taking workers’ dues for union politics.”

“The extraordinary circumstances involving Obama’s out-of-control NLRB, which has already proceeded to ignore the appeals court’s ruling, has created the urgency for Foundation staff attorneys to employ an extraordinary legal move to halt the Board’s unconstitutional actions,” added Mix.

Teachers File Brief Defending Gov. Walker’s ‘Act 10’ Reforms in Union’s State Appeals Court Lawsuit

Teachers ask state court to uphold legislation protecting most state employees from forced unionism

Madison, WI (February 6, 2013) – Three Wisconsin public school teachers filed a brief in the Wisconsin Court of Appeals last week supporting Governor Walker’s public sector union reform bill, known as “Act 10.”

Elmbrook School District educator Elijah Grajkowski, Kenosha teacher Kristi Lacroix, and Waukesha high school teacher Nathan Berish filed the amici curiae brief with free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty.

The case is a legal challenge brought in Dane County Circuit Court by union officials from Public Employees Local 61 and Madison Teachers, Inc., a local affiliate of the National Education Association (NEA).

Click here to read the full release.

Madison, WI (February 6, 2013) – Three Wisconsin public school teachers filed a brief in the Wisconsin Court of Appeals last week supporting Governor Walker’s public sector union reform bill, known as “Act 10.”

Elmbrook School District educator Elijah Grajkowski, Kenosha teacher Kristi Lacroix, and Waukesha high school teacher Nathan Berish filed the amici curiae brief with free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty.

The case is a legal challenge brought in Dane County Circuit Court by union officials from Public Employees Local 61 and Madison Teachers, Inc., a local affiliate of the National Education Association (NEA).

In their brief, the teachers argue that the Wisconsin Court of Appeals should overturn the lower court’s ruling that held that Act 10 is unconstitutional. The teachers’ arguments in the brief rely on precedents long established by National Right to Work Foundation-won cases at the U.S. Supreme Court, as well as recent Foundation-supported victories at the U.S. Court of Appeals for the Seventh Circuit, which upheld all of Act 10, and the U.S. District Court for the Northern District of Indiana, which upheld Indiana’s recently-enacted Right to Work law.

Meanwhile, two other Wisconsin public servants – Christopher King and Carie Kendrick – have also filed an amicus brief opposing a union legal challenge to Act 10 in another federal court.

“Once again, courageous Wisconsin public servants who want nothing to do with union bosses’ so-called ‘representation’ have stepped forward to protect these vital reforms,” said Mark Mix, President of the National Right to Work Foundation. “No worker should be forced to pay union dues just to get or keep a job, which is why Wisconsin should pass a private-sector Right to Work law, ensuring that all Badger State employees are free of forced unionism.”