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.

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.

However, U.S. Supreme Court precedent guarantees that employees have the right to refrain from union membership and the right to opt out of paying for union activities unrelated to workplace bargaining, such as members-only events and political lobbying. Teamster union bosses are further required to provide an independently-audited breakdown of all forced-dues union expenditures.

In June, the bus drivers received a letter from Teamster union officials stating that the union hierarchy was requiring them to continue paying the full amount of union dues, even for months in which school is not in session. Meanwhile, union members pay a lower rate of union dues when school is not in session.

Moreover, Teamster union officials refuse to provide a federally-required breakdown of union expenditures. This procedural safeguard helps inform workers of where their forced union dues and fees are being spent and makes it a little less difficult for workers to hold union officials accountable.

The bus drivers filed their federal charges with the NLRB regional office in Philadelphia, which found merit to their charges. A hearing is scheduled for January 16.

“Teamster Local 776 union bosses are illegally targeting school bus drivers who want nothing to do with the union,” said Patrick Semmens, vice president for public information at the National Right to Work Foundation. “While a federal prosecution is a good first step, ultimately the best way to protect the rights of workers in the Keystone State is for Pennsylvania to pass a Right to Work law making union membership and dues payments strictly voluntary.”

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

Worker Forces Elevator Union Bosses to Settle Federal Charge and Drop Retaliatory $20,000 Fine

Union officials demanded full-dues-payment and union membership in violation of Supreme Court precedents

Chicago, IL (October 24, 2012) – A former Barnard/Imperial Elevator employee has won a settlement from a local union after union officials demanded he pay about $20,000 for working at a non-union workplace.

With free legal assistance from National Right to Work Foundation staff attorneys, Robert Fierke filed a federal charge with the National Labor Relations Board (NLRB) regional office in Chicago after union officials levied approximately $20,000 of fines against him.

Fierke worked for Barnard/Imperial Elevator before the company went bankrupt. International Union of Elevator Constructors (IUEC) Local 2 union bosses enjoyed monopoly bargaining privileges over the workplace. IUEC union officials never informed workers, including Fierke, of 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.

Click here to read the full release.

Chicago, IL (October 24, 2012) – A former Barnard/Imperial Elevator employee has won a settlement from a local union after union officials demanded he pay about $20,000 for working at a non-union workplace.

With free legal assistance from National Right to Work Foundation staff attorneys, Robert Fierke filed a federal charge with the National Labor Relations Board (NLRB) regional office in Chicago after union officials levied approximately $20,000 of fines against him.

Fierke worked for Barnard/Imperial Elevator before the company went bankrupt. International Union of Elevator Constructors (IUEC) Local 2 union bosses enjoyed monopoly bargaining privileges over the workplace. IUEC union officials never informed workers, including Fierke, of 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.

Instead, union officials demanded that Fierke join the union and pay full union dues as a condition of employment.

After Barnard went bankrupt, Fierke worked for a non-union employer for about a month. IUEC union officials demanded he pay the retaliatory fine even though he was never a voluntary member.

The settlement requires union officials to rescind the fine imposed on Fierke.

“Cynical elevator union bosses retaliated against a worker for exercising his rights to continue providing for himself and his family,” said Mark Mix, President of the National Right to Work Foundation. “Illinois desperately needs a Right to Work law making union membership and dues-payment completely voluntary to prevent this type of union boss abuse in the future.”

Twenty-three 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.

Lake County, IN (October 24, 2012) – A state court judge has denied a motion to dismiss a union legal challenge to Indiana’s newly-enacted Right to Work law. The case will now move forward for a decision on the merits of the union’s challenge.

Meanwhile, Right to Work Foundation staff attorneys plan to file another amicus curiae (‘friend of the court’) brief in support of the law for David Brubaker and Douglas Richards, two Indiana workers who are currently forced to accept union monopoly bargaining and pay union dues. Although Indiana’s Right to Work law prohibits new forced dues contracts, forced dues contracts that predate the legislation – such as the ones Brubaker and Richards are subject to – are still in place.

According to United Steel Workers (USW) union lawyers, who filed the legal challenge last summer, Indiana’s new Right to Work law runs afoul of a provision in the state’s constitution that forbids anyone from being forced to work without “just compensation.”

As Brubaker and Richards point out in their legal brief, union officials are never “forced” to provide services to nonunion employees. Union officials always retain the option to only negotiate on behalf of actual union members. Because union operatives are eager to exert control over all workers and then collect dues, they often demand the power to represent everyone in a given workplace, even if many employees have no interest in the union’s so-called “representation.”

“It’s unfortunate that Judge Paras declined to dismiss this desperate challenge to Indiana’s popular Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “Foundation attorneys will continue do everything possible to make workers heard in the run-up to a decision that could undo the state’s Right to Work protections and once again force Hoosier employees to pay union dues just to get or keep a job.”

Rhode Island School of Design Technician Combats Illegal Union Boss Intimidation and Threats

Union officials refuse to follow Supreme Court precedents

Providence, RI (October 17, 2012) – With the help of National Right to Work Foundation staff attorneys, a Rhode Island School of Design technician has filed federal charges against a local union for violating his rights.

Robert Vennerbeck of Providence filed the federal charge against the Rhode Island School of Design (RISD) Technical Association union with the National Labor Relations Board (NLRB) regional office in Boston.

Vennerbeck resigned formal union membership and exercised his 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. Under Beck, workers have the right to opt out of paying for union activities unrelated to workplace bargaining, such as members-only events and political lobbying.

Click here to read the full release.