El Paso, TX (December 19, 2012) – Two local hospitals are facing a federal prosecution for denying access to nurses opposed to unionization while giving union organizers preferential access in order to unionize the nurses.

In the wake of federal charges filed by two nurses with free legal assistance from the National Right to Work Foundation, the National Labor Relations Board (NLRB) regional office in Phoenix issued formal complaints against Tenet Hospitals Ltd. and its two hospitals in El Paso, Providence Memorial Hospital and Sierra Medical Center.

California Nurses Association-affiliated National Nurses Organizing Committee (NNOC) union officials entered into a “neutrality agreement” with Tenet designed to grease the skids for the nurses’ unionization. Tenet was applying that agreement when it took its illicit action to discriminate against nurses opposed to NNOC union representation.

The “neutrality agreement” gives union organizers wide-ranging access to employee break rooms, lounges, and other company facilities. On the other hand, Tenet refused to grant nurses who oppose unionization equal access to its facilities, going so far as to change workplace procedures to deny off-duty nurses access to company facilities.

Despite the company’s blatant viewpoint discrimination, a group of nurses led by Registered Nurses Jose Rodriguez of Sierra Medical Center and Perry Pielaet of Providence Memorial Hospital are working to educate their fellow nurses about the impact of unionization. Rodriguez and Pielaet filed the charges that spurred the NLRB’s investigation into the matter.

“So-called ‘neutrality agreements’ like this one between union officials and hospital management are hardly neutral: They give union organizers license to browbeat and intimidate workers into acceding to unionization,” said Mark Mix, president of the National Right to Work Foundation. “Unfortunately, Tenet management is selling out its workers and aiding union bosses’ quest to unionize every nurse in the country.”

Arizona Fry’s Workers File Brief Challenging Obama NLRB “Recess Appointments”

Union officials’ illegal forced-dues scheme violated possibly thousands of workers’ rights

Washington, DC (December 19, 2012) – With free legal assistance from the National Right to Work Foundation, several employees from Fry’s Food Stores locations in Arizona are challenging President Barack Obama’s recent purported recess appointments to the National Labor Relations Board (NLRB).

Shirley Jones of Mesa, Karen Medley and Elaine Brown of Apache Junction, Kimberly Stewart and Saloomeh Hardy of Queen Creek, and Tommy and Janette Fuentes of Florence initially filed federal unfair labor practice charges against the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry’s management after union and company officials continued to seize union dues from their paychecks despite repeated requests to stop.

Click here to read the full release.

Washington, DC (December 19, 2012) – With free legal assistance from the National Right to Work Foundation, several employees from Fry’s Food Stores locations in Arizona are challenging President Barack Obama’s recent purported recess appointments to the National Labor Relations Board (NLRB).

Shirley Jones of Mesa, Karen Medley and Elaine Brown of Apache Junction, Kimberly Stewart and Saloomeh Hardy of Queen Creek, and Tommy and Janette Fuentes of Florence initially filed federal unfair labor practice charges against the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry’s management after union and company officials continued to seize union dues from their paychecks despite repeated requests to stop.

Because Arizona has a Right to Work law, workers cannot be required to pay union dues as a condition of employment. Upset by a UFCW Local 99 boss-initiated strike threat, the employees resigned union membership and revoked their dues deduction authorizations – used to automatically extract union dues from employee paychecks – during a time in which the union did not have a contract at their workplaces.

The charges spurred the NLRB Regional Director in Phoenix to find that the dues deduction authorizations used by UFCW Local 99 union officials at all Arizona Fry’s Food Stores locations were misleading because they do not allow employees to revoke them once a contract terminates, as required by federal law.

In the workers’ latest brief to the U.S. Court of Appeals in Washington, D.C., Foundation staff attorneys argue that the “recess appointments” are unconstitutional and, therefore, the Board lacks the quorum necessary to hear any cases. If Obama’s NLRB appointments are unconstitutional, then the Board has only two valid members and lacks a quorum to enact rules or enforce federal labor law under a U.S. Supreme Court precedent established in 2010.

Two other Foundation-supported challenges to Obama’s purported recess appointments are pending in federal appeals courts in Washington, D.C. and Chicago.

“The Constitutional chaos created by Barack Obama’s so-called recess appointments to the Labor Board continues to reverberate across the country,” said Mark Mix, President of the National Right to Work Foundation. “Foundation staff attorneys are prepared to challenge Obama’s unconstitutional actions before the U.S. Supreme Court if necessary.”

Foundation Announces Special Task Force to Defend New Michigan Right to Work Law in Court

Unions already challenging law that would make union membership and dues payment voluntary

Springfield, VA (December 13, 2012) – The National Right to Work Legal Defense Foundation, a charitable organization that provides free legal assistance to employees nationwide, announced today the creation of a special task force to defend Michigan’s newly-enacted Right to Work law.

“Although we anticipate several union court challenges, we’re confident that our legal team will be able to defend Michiganders’ Right to Work,” said Ray LaJeunesse, Vice President and Legal Director of the National Right to Work Foundation.

Click here to read the full release.

Springfield, VA (December 13, 2012) – The National Right to Work Legal Defense Foundation, a charitable organization that provides free legal assistance to employees nationwide, announced today the creation of a special task force to defend Michigan’s newly-enacted Right to Work law.

“Although we anticipate several union court challenges, we’re confident that our legal team will be able to defend Michiganders’ Right to Work,” said Ray LaJeunesse, Vice President and Legal Director of the National Right to Work Foundation.

On Tuesday, Governor Rick Snyder signed legislation making Michigan the country’s 24th Right to Work state. Public opinion polls reveal that a majority of Michiganders support the new law, but union officials and others have already announced their plans to file several anti-Right to Work lawsuits.

The National Right to Work Foundation is currently defending Indiana’s newly-enacted Right to Work law from similar union legal challenges. Foundation attorneys recently filed an amicus curiae (“friend of the court”) brief defending the state’s Right to Work law for two Indiana workers, who are responding to a United Steel Workers lawsuit in Indiana state court.

Foundation attorneys have also defended Wisconsin’s recently-enacted public sector union reforms from union challenges in federal court.

In addition to the new task force, the National Right to Work Foundation has announced an offer of free legal aid to any Michigan workers who wish to refrain from paying dues to an unwanted union. Affected employees are encouraged to call the Foundation’s legal hotline at 1-800-336-3600 or contact the Foundation through its website: www.nrtw.org

“Michigan’s new Right to Work law is a great advance for worker freedom, but union bosses are already planning a vicious legal counterattack in state and federal court,” continued LaJeunesse. “Foundation attorneys stand ready to defend the new Right to Work law and to help any Michigander who wishes to refrain from paying dues to a union he or she doesn’t voluntarily belong to.”

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.