California Nurse Union Booted Out of McAllen, TX Hospital

Worker advocate thwarts union boss scheme to coercively interrogate independent-minded nurse

McAllen, TX (September 10, 2012) – With free legal assistance from National Right to Work Legal Foundation staff attorneys, a group of McAllen nurses have succeeded in removing a California-based union from their workplace.

About two years ago, National Nurses Organizing Committee (NNOC) union officials entered into a “neutrality agreement” with Rio Grande Regional Hospital and its parent company, HCA Holdings, designed to grease the skids for the nurses’ unionization. Such agreements give union organizers access to workers in the workplace, workers’ home addresses and other personal information, and impose gag rules on what company managers can say about the union.

NNOC union bosses unionized the nurses after conducting a stealth organizing campaign under the neutrality agreement. But a tenacious group of nurses led by Victoria Lynn Glass, RN, filed for a decertification election with the National Labor Relations Board (NLRB) and in July 2012 successfully voted the union out of their hospital by a tally of 156-128.

Click here to read the full release.

McAllen, TX (September 10, 2012) – With free legal assistance from National Right to Work Legal Foundation staff attorneys, a group of McAllen nurses have succeeded in removing a California-based union from their workplace.

About two years ago, National Nurses Organizing Committee (NNOC) union officials entered into a “neutrality agreement” with Rio Grande Regional Hospital and its parent company, HCA Holdings, designed to grease the skids for the nurses’ unionization. Such agreements give union organizers access to workers in the workplace, workers’ home addresses and other personal information, and impose gag rules on what company managers can say about the union.

NNOC union bosses unionized the nurses after conducting a stealth organizing campaign under the neutrality agreement. But a tenacious group of nurses led by Victoria Lynn Glass, RN, filed for a decertification election with the National Labor Relations Board (NLRB) and in July 2012 successfully voted the union out of their hospital by a tally of 156-128.

NNOC bosses filed “objections” to the election with the NLRB. However, rather than litigate their objections publicly under NLRB election rules, the union bosses simultaneously invoked a private “arbitration” procedure created by the HCA-NNOC pact and held a “hearing” on the objections before an “arbitrator” handpicked by union officials and the company.

Making a further mockery of the NLRB’s election rules, NNOC union officials subpoenaed Glass to appear and testify under oath about the campaign to remove the union from her workplace. She was also directed to produce for union inspection all documents that the nurses created in their election campaign to oppose the NNOC union bosses.

In response, Foundation staff attorneys filed federal charges against NNOC and Rio Grande/HCA challenging the crude attempt to coercively interrogate Glass about her legally protected activities. Due to her representation by Foundation attorneys, Glass neither testified in the union-boss “arbitration” hearing nor produced a single document demanded by the union.

On September 6, 2012, NNOC union officials were forced to drop their objections to the nurses’ decertification election and the NLRB Region in Texas certified the vote.

“So-called ‘neutrality agreements’ like this one between union officials and hospital management give union bosses license to browbeat and intimidate workers into acceding to unionization,” said Mark Mix, president of the National Right to Work Foundation. “These nurses endured union boss harassment and kangaroo courts to ultimately exercise their right to remove the unwanted union from their workplace.”

Nurses Challenging Forced Unionization Deal by Union Organizers and Company Management

Union organizers’ intimidation sways outcome of unionization election

Massillon, OH (September 10, 2012) – Two local Affinity Medical Center nurses are seeking to overturn a union certification election after experiencing union intimidation that tainted the results.

With free legal assistance from the National Right to Work Foundation, Affinity nurses Susan Kelley and Cinda Keener filed with the National Labor Relations Board (NLRB) a motion to intervene in the election proceedings in their workplace.

National Nurses Organizing Committee (NNOC) union organizers and Affinity Medical Center 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 refuse to disclose the terms of the secret agreement despite requests from the nurses

Click here to read the full release.

Massillon, OH (September 10, 2012) – Two local Affinity Medical Center nurses are seeking to overturn a union certification election after experiencing union intimidation that tainted the results.

With free legal assistance from the National Right to Work Foundation, Affinity nurses Susan Kelley and Cinda Keener filed with the National Labor Relations Board (NLRB) a motion to intervene in the election proceedings in their workplace.

National Nurses Organizing Committee (NNOC) union organizers and Affinity Medical Center 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 refuse to disclose the terms of the secret agreement despite 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.

Although the exact terms of this secret deal are unknown, neutrality agreements between union and company officials often grant union organizers wide-ranging access to employee break rooms, lounges, and other company facilities in exchange for contract concessions or to prevent union-boss instigated protests against the company. Moreover, company supervisors are often gagged from discussing unionization with concerned employees.

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. Witnesses report that the NNOC union was granted monopoly bargaining powers over the workers by a single vote.

“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.”

“Upholding this process would make a sham out of federal labor law, which is supposed to protect workers,” added Mix. “The NLRB should give these nurses a say in what is going on in their workplace.”

SEIU Officials Face State Prosecution for Violating Pharmacist’s Rights

Case shows desperate need for California Right to Work law

San Jose, CA (September 6, 2012) – Last week, the California Public Employment Relations Board (PERB) filed a complaint against a local union for illegally refusing to honor a worker’s right to refrain from full-dues-paying union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Santa Clara Valley Medical Center pharmacist Jeffrey Lum of Cupertino filed a state charge in June against Service Employees International Union (SEIU) Local 521 for illegally forcing him into full union dues payments.

Lum, a county employee, exercised his right to refrain from formal union membership in November 2011 and sent a letter to the SEIU notifying the union hierarchy of his decision.

Click here to read the full release.

San Jose, CA (September 6, 2012) – Last week, the California Public Employment Relations Board (PERB) filed a complaint against a local union for illegally refusing to honor a worker’s right to refrain from full-dues-paying union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Santa Clara Valley Medical Center pharmacist Jeffrey Lum of Cupertino filed a state charge in June against Service Employees International Union (SEIU) Local 521 for illegally forcing him into full union dues payments.

Lum, a county employee, exercised his right to refrain from formal union membership in November 2011 and sent a letter to the SEIU notifying the union hierarchy of his decision. Because California does not have Right to Work protections making union affiliation completely voluntary, workers who refrain from formal union membership can still be forced to pay part of union dues to keep their jobs. However, nonmember workers cannot be required to pay union dues spent for union activities like political activism, lobbying, and member-only events.

SEIU Local 521 officials acknowledged Lum’s resignation letter but still continue to extract full union dues from his paychecks – claiming Lum’s resignation from formal union membership did not meet the union’s criteria. Under California state law and federal case law, workers have the unconditional right to refrain from formal union membership.

Lum’s charge sought an acknowledgment from union officials that he is no longer a formal member, an independently-audited breakdown of union expenditures, a refund of illegally-seized forced union dues from his paychecks dating back to January, and the posting of notices in the workplace informing workers of their right to refrain from union membership.

The PERB investigated and found merit to Lum’s charge. The PERB Office of the General Council filed the complaint against the SEIU and the union has 20 days to respond.

“SEIU bosses are ignoring Supreme Court precedent and creating purposefully complicated rules to illegally coerce workers into full-dues-paying union ranks against their will,” said Mark Mix, President of National Right to Work. “To prevent these types of forced unionism abuses in the future, California 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. Recent public polling shows that 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

Labor Day Statement: “Union Officials Are Mounting A Billion Dollar Campaign to Reelect President Barack Obama”

Forced-dues funded billion dollar machine enables union officials to wield immense political clout, even though voluntary union membership continues to steadily decline

Washington, DC (August 31, 2012) – Mark Mix, President of the National Right to Work Legal Defense Foundation and National Right to Work Committee, released the following statement regarding this year’s Labor Day holiday.

“This Labor Day, many workers will enjoy a well-deserved long weekend. But as we celebrate with friends and family, union officials are mounting a billion dollar campaign to reelect President Barack Obama and elect more pro-forced unionism allies in Congress.

“Throughout the United States, tens of millions of American workers are already compelled to pay dues or fees to union officials as a condition of getting or keeping a job. And millions more workers are required by law to accept a union’s so-called ‘representation,’ even if they would rather negotiate with their employer themselves on their own merits.

“Recently, the Wall Street Journal reported that Big Labor spends about four times on politics and lobbying than what was previously thought. This forced-dues funded billion dollar machine enables union officials to wield immense political clout, even though voluntary union membership continues to steadily decline.”

Click here to read the full statement.

Washington, DC (August 31, 2012) – Mark Mix, President of the National Right to Work Legal Defense Foundation and National Right to Work Committee, released the following statement regarding this year’s Labor Day holiday.

“This Labor Day, many workers will enjoy a well-deserved long weekend. But as we celebrate with friends and family, union officials are mounting a billion dollar campaign to reelect President Barack Obama and elect more pro-forced unionism allies in Congress.

“Throughout the United States, tens of millions of American workers are already compelled to pay dues or fees to union officials as a condition of getting or keeping a job. And millions more workers are required by law to accept a union’s so-called ‘representation,’ even if they would rather negotiate with their employer themselves on their own merits.

“Recently, the Wall Street Journal reported that Big Labor spends about four times on politics and lobbying than what was previously thought. This forced-dues funded billion dollar machine enables union officials to wield immense political clout, even though voluntary union membership continues to steadily decline.

“Today, union officials are going all out to obtain even more special privileges to further expand their forced-dues-paying ranks. Meanwhile, many workers feel they have little choice but to pay for Big Labor’s election campaigning, and many workers are unaware of their right to object.

“That’s why the National Right to Work Legal Defense Foundation is providing free legal aid to thousands of employees nationwide seeking to get their money back. In fact, Foundation attorneys recently won a precedent-setting victory at the U.S. Supreme Court establishing for the first time that union officials must obtain affirmative consent from workers before using workers’ forced union fees for union politicking.

“This victory is an important step in the right direction and underscores the importance of holding politicians accountable on the issue of forced unionism in the coming national elections. The National Right to Work Committee is mobilizing its 2.6 million members to call on candidates to support greater workplace freedoms, including supporting the National Right to Work Act.”

South Carolina Boeing Employees Appeal Federal Machinist Union Discrimination Case

Union bosses abused process to force Boeing to locate production in union facility in non-Right to Work Washington State

Washington, DC (August 21, 2012) – Two Charleston, South Carolina, Boeing company (NYSE: BA) employees filed a federal appeal in their high-profile case against the International Association of Machinists (IAM) union.

The employees filed the appeal with the National Labor Relations Board (NLRB) in Washington, D.C., with free legal assistance from National Right to Work Foundation staff attorneys.

The NLRB regional office in Winston-Salem, North Carolina, dismissed the workers’ federal charges in late July.

The workers were denied participation in the hearing that concluded the case even though they were granted intervenor status by the NLRB in Washington, D.C. The workers then filed a federal charge against the IAM and its Local 751 union alleging that union officials had abused the NLRB’s adjudicative process by bullying Boeing into contract concessions and guaranteeing production of the company’s 737 Max and future airplane production in Washington State, which does not have a Right to Work law.

Click here to read the full release.

Washington, DC (August 21, 2012) – Two Charleston, South Carolina, Boeing company (NYSE: BA) employees filed a federal appeal in their high-profile case against the International Association of Machinists (IAM) union.

The employees filed the appeal with the National Labor Relations Board (NLRB) in Washington, D.C., with free legal assistance from National Right to Work Foundation staff attorneys.

The NLRB regional office in Winston-Salem, North Carolina, dismissed the workers’ federal charges in late July.

The workers were denied participation in the hearing that concluded the case even though they were granted intervenor status by the NLRB in Washington, D.C. The workers then filed a federal charge against the IAM and its Local 751 union alleging that union officials had abused the NLRB’s adjudicative process by bullying Boeing into contract concessions and guaranteeing production of the company’s 737 Max and future airplane production in Washington State, which does not have a Right to Work law.

The employees also alleged that the IAM union bosses’ strong-arming of Boeing had a chilling effect on Boeing and other companies, deterring them from locating work in South Carolina and other Right to Work states where workers cannot be forced to join or pay fees to a union as a job condition.

Another of the workers’ charges detailed how IAM union bosses retaliated against the Charleston workers after the workers at the Boeing Dreamliner plant expelled the IAM from their workplace before the production line was located there.

The charges pointed out that if the IAM union hierarchy still had a presence in the South Carolina plant, then the South Carolina workers’ jobs would not have been at risk. Even NLRB Acting General Counsel Lafe Solomon – who issued the NLRB’s complaint against Boeing – admitted in Congressional testimony that it was inconceivable that IAM union officials would have pursued charges against Boeing if workers had not removed the union from their workplace.

“The IAM union bosses’ dangerous abuse of federal labor law, which is supposedly intended to protect the rights of individual workers, has set a devastating precedent to discourage job providers from locating work in states with Right to Work laws on the books – the very states luring job providers and independent-minded workers alike,” said Mark Mix, President of National Right to Work.