16 May 2012

Union Official Threatens to Have Security Guard Fired Over Disagreement about Workplace Policy

Posted in News Releases

Jeffersonville, IN (May 8, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a Sectek, Inc. security guard has filed federal unfair labor practice charges against International Guards Union of America (IGUA) Local 143 after a union official threatened to have him fired and denied his attempt to stop paying for union political lobbying.

Michael Cragwall attracted the union’s ire when he posted a petition on a workplace bulletin board dissenting from a union official’s letter to several congressmen and senators calling for relaxed training and safety standards. The official responded by threatening to kick Cragwall out of the union and have him fired from his job.

Disillusioned by the union’s so-called “representation,” Cragwall notified IGUA officials on April 20 that he was resigning his membership and opting out of paying for union dues unrelated to workplace bargaining.

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. In such workplaces, nonunion employees like Cragwall are only permitted to opt out of paying for union activities unrelated to workplace bargaining, such as political lobbying.

Union officials are also required to provide an audited breakdown of their expenditures to help nonunion employees determine exactly what they can be forced to pay for to keep their jobs. However, IGUA officials refused to provide any information about their expenses to Cragwall. They also claimed that the union does not engage in any political lobbying, despite the fact that the dispute arose over a letter a union official wrote to several political office-holders.

Cragwall’s charges will now be investigated by the National Labor Relations Board, a federal agency responsible for administering private sector labor law.

“We hope the NLRB will intervene promptly to stop union officials from taking anymore of Mr. Cragwall’s hard-earned money,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “Fortunately, Indiana’s newly-enacted Right to Work law will ensure Mr. Cragwall is one of the last Hoosiers who can be forced to pay union dues or fees just to keep a job.”

16 May 2012

Hotel Employee Files another Round of Federal Charges against Scofflaw Union

Posted in News Releases

Honolulu, HI (May 10, 2012) – With free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, a Hyatt Regency employee has filed another round of federal unfair labor practice charges against the UNITE HERE Local 5 union.

Steven Taono doesn’t belong to Local 5 but can still be forced to pay union dues as a condition of employment because Hawaii lacks a Right to Work law. However, the Foundation-won Supreme Court precedent Communication Workers v. Beck holds that nonunion employees cannot be forced to pay for union activities unrelated to workplace bargaining, such as political lobbying or members-only activities.

In December 2011, Taono received a breakdown of union financial expenditures from Local 5. According to the union’s books, he was forced to contribute to a variety of activities outside the scope of workplace negotiations, including UNITE HERE political lobbying and a union strike fund.

Taono’s charges follow similar allegations raised last week by two other Honolulu hotel workers, who also contend that union officials forced them to pay for union political activism.

The charges will now be investigated by the National Labor Relations Board, a federal agency charged with administering private sector labor law.

“Once again, UNITE HERE bosses have demonstrated how little regard they have for workers’ rights,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “The only permanent solution to chronic union law-breaking is a Hawaii Right to Work law, which would ensure that no employee can be forced to join or pay dues to a union.”

16 May 2012

National Workplace Advocacy Group Launches Charter School Initiative

Posted in News Releases

Washington, DC (May 16, 2012) – The nation’s premier advocate on behalf of workers impacted by forced unionism across the country has launched a new initiative to assist charter school teachers and other charter school employees exercise their rights so they can make informed decisions about unionization.

Led by National Right to Work Foundation staff attorneys, the National Right to Work Foundation’s Charter School Initiative will help charter school teachers and support personnel in the face of expanding efforts by union officials to unionize America’s charter schools.

All charter school employees are entitled to certain constitutional and statutory rights. Unfortunately, these rights are not automatically provided. To enjoy many of the benefits of these protected rights, an employee may first have to assert his or her entitlement to them.

The National Right to Work Foundation’s Charter School Initiative aims to enlighten charter school employees so that they can make decisions about union representation in an atmosphere free of union boss threats, harassment, coercion or misrepresentation.

Foundation attorneys have developed free educational materials for charter school teachers and employees and are available to provide free legal assistance to workers who may need it.

“Union bosses have decided that if they can’t stop the growth of charter schools, then they might as well try to force their employees under a union monopoly,” said Mark Mix, President of National Right to Work. “Of course this could prove disastrous for charter school teachers and students nationwide and we are prepared to defend charter school workers from the injustices of forced unionism.”

14 May 2012

Court Strikes Down Obama Labor Board’s Ambush Election Rule Change

Posted in News Releases

News Release

Court Strikes Down Obama Labor Board’s Ambush Election Rule Change

Challenged rules would allow union bosses to ambush workers into forced-dues-paying union ranks

Washington, D.C. (May 14, 2012) – Today, the U.S. District Court for the District of Columbia has struck down the National Labor Relations Board’s new rules dictating how union organizing elections are conducted, ruling that the Board did not have a quorum necessary to enact the new rules.

The National Right to Work Foundation – the nation’s premier advocate for workers who suffer from the abuses of compulsory unionism – filed comments opposing the Board’s proposed new guidelines which would help give union organizers the upper hand over independent-minded employees.

The new rules dramatically shortened the time frame individual workers have to share truthful information with their coworkers about the adverse effects of unionization and to hear their employer’s views on the subject. In other words, the new rules were one-sided.

Mark Mix, President of National Right to Work, issued the following statement regarding the ruling:

"The Obama NLRB is determined to make union organizing campaigns as one-sided as possible and to stifle the rights of employees who may oppose bringing a union into their workplace. Today, the court’s ruling demonstrates once again the biased way that the Obama Labor Board has operated – a two member majority ramming through the final pro-union boss rule change without even asking the one minority member to vote.

Read the entire release here.

To read more about the court’s decision and the ambush elections rule, click here.

14 May 2012

Court Strikes Down Obama Labor Board’s Ambush Election Rule Change

Posted in News Releases

Washington, D.C. (May 14, 2012) – Today, the U.S. District Court for the District of Columbia has struck down the National Labor Relations Board’s new rules dictating how union organizing elections are conducted, ruling that the Board did not have a quorum necessary to enact the new rules.

The National Right to Work Foundation – the nation’s premier advocate for workers who suffer from the abuses of compulsory unionism – filed comments opposing the Board’s proposed new guidelines which would help give union organizers the upper hand over independent-minded employees.

The new rules dramatically shortened the time frame individual workers have to share truthful information with their coworkers about the adverse effects of unionization and to hear their employer’s views on the subject. In other words, the new rules were one-sided.

Mark Mix, President of National Right to Work, issued the following statement regarding the ruling:

“The Obama NLRB is determined to make union organizing campaigns as one-sided as possible and to stifle the rights of employees who may oppose bringing a union into their workplace. Today, the court’s ruling demonstrates once again the biased way that the Obama Labor Board has operated – a two member majority ramming through the final pro-union boss rule change without even asking the one minority member to vote.

“Today’s decision prevents implementation of a rule that deprives employees of hearing both sides of the story about unionization and is a victory for workers. However, despite this decision, a secret ballot election can’t prevent the fundamental violation of individual rights that occurs under union boss monopoly bargaining.”

14 May 2012

Verizon Employee Wins Settlement After CWA Union and Company Officials Collude to Ignore Her Rights

Posted in News Releases

News Release

Verizon Employee Wins Settlement After CWA Union and Company Officials Collude to Ignore Her Rights

Worker refused to abandon job during highly-publicized strike

Newport News, VA (May 14, 2012) – A Newport News, Virginia Verizon (NYSE: VZ) worker has won a settlement from the company and the Communications Workers of America (CWA) union, and its local affiliate, for violating her rights following last year’s strike that grabbed national headlines.

With free legal assistance from National Right to Work Foundation attorneys, Williamsburg resident Monika Cassell filed a lawsuit in federal district court in February against Verizon, the CWA and its affiliate, Local 2205, for refusing to honor her right to refrain from paying union dues.

Upset by CWA union officials’ strike order and unwilling to walk off their jobs, Cassell and several other Verizon employees resigned from the union last year and revoked their dues deduction authorizations – documents used by union officials to automatically collect dues from employees’ paychecks – while the union did not have a contract at their workplaces.

Read the entire release here.

14 May 2012

Verizon Employee Wins Settlement After CWA Union and Company Officials Collude to Ignore Her Rights

Posted in News Releases

Newport News, VA (May 14, 2012) – A Newport News, Virginia Verizon (NYSE: VZ) worker has won a settlement from the company and the Communications Workers of America (CWA) union, and its local affiliate, for violating her rights following last year’s strike that grabbed national headlines.

With free legal assistance from National Right to Work Foundation attorneys, Williamsburg resident Monika Cassell filed a lawsuit in federal district court in February against Verizon, the CWA and its affiliate, Local 2205, for refusing to honor her right to refrain from paying union dues.

Upset by CWA union officials’ strike order and unwilling to walk off their jobs, Cassell and several other Verizon employees resigned from the union last year and revoked their dues deduction authorizations – documents used by union officials to automatically collect dues from employees’ paychecks – while the union did not have a contract at their workplaces.

Under Virginia’s popular Right to Work law, no worker can be required to join or pay money to a union. Under federal labor law, employees can revoke their dues deduction authorizations once a contract ends. However, at the behest of CWA union officials, Verizon continued to confiscate full union dues from Cassell and several of her coworkers despite their attempts to opt out.

Moreover, Verizon and union officials agreed to a contract that retroactively applies to the time no contract was in effect – a blatant attempt to corral the workers who exercised their right to refrain from dues paying union membership back into paying union dues. Cassell’s lawsuit also challenged the CWA union’s dues deduction authorizations because those authorizations do not allow employees to revoke them when no contract is in effect, as federal law requires.

The settlement requires Verizon and union officials to return all illegally-seized union dues and fees with interest to Cassell, totaling over $456. But most significantly, the settlement also requires CWA Local 2205 union officials to acknowledge the revocation of all workers’ dues deduction authorizations during the strike and in similar situations in the future for all workers in the bargaining unit, affecting Verizon workers in Virginia; Washington, D.C.; Maryland; and West Virginia.

“It is indefensible that workers who exercised their right to resign their union membership and continued to work to support their families had to resort to a federal lawsuit after their rights were blatantly violated by their employer and union officials,” said Mark Mix, President of National Right to Work. “While Foundation attorneys have won a full capitulation from Verizon and CWA union officials in this case, CWA union officials continue to use illegal dues deduction authorizations that prevent workers from exercising their statutory right to refrain from full union dues payments when a union contract is no longer in effect.”

9 May 2012

Union Bosses Levy Retaliatory Strike Fine Against Worker After Telling Him to Continue Working During Strike

Posted in News Releases

News Release

Union Bosses Levy Retaliatory Strike Fine Against Worker After Telling Him to Continue Working During Strike

Worker fined over $7,300 for exercising his right to refrain from formal union membership

Kansas City, MO (May 9, 2012) – A Honeywell nuclear assembly worker has filed a federal charge against a local union for retaliating against him with a $7,361.36 fine for exercising his right to refrain from union membership and continue to do his job during a union boss-instigated strike.

With free legal assistance from National Right to Work Foundation attorneys, Daniel Gudde filed the charge with the National Labor Relations Board regional office in Overland Park, Kansas on Friday.

Gudde began working at Honeywell in late September believing he had to join the International Association of Machinist (IAM) Local Lodge 778 union. In early October, IAM Local 778 union officials instigated a strike. Gudde and three of his coworkers were unsure if they had to go on strike as union members or if they had to fulfill a required 30 day probationary period of employment.

Union officials told Gudde and his colleagues to continue to work to complete the 30 day probationary period.

Read the entire release here.

9 May 2012

Union Bosses Levy Retaliatory Strike Fine Against Worker After Telling Him to Continue Working During Strike

Posted in News Releases

Kansas City, MO (May 9, 2012) – A Honeywell nuclear assembly worker has filed a federal charge against a local union for retaliating against him with a $7,361.36 fine for exercising his right to refrain from union membership and continue to do his job during a union boss-instigated strike.

With free legal assistance from National Right to Work Foundation attorneys, Daniel Gudde filed the charge with the National Labor Relations Board regional office in Overland Park, Kansas on Friday.

Gudde began working at Honeywell in late September believing he had to join the International Association of Machinist (IAM) Local Lodge 778 union. In early October, IAM Local 778 union officials instigated a strike. Gudde and three of his coworkers were unsure if they had to go on strike as union members or if they had to fulfill a required 30 day probationary period of employment.

Union officials told Gudde and his colleagues to continue to work to complete the 30 day probationary period. After the probationary period, union bosses obligated Gudde and his coworkers to leave their jobs at the nuclear facility. Union members bound by the union’s constitution and bylaws can be fined for continuing to work during a strike.

After the 30 day period, Gudde learned of his right to resign from full dues paying union membership at any time. He notified the IAM union hierarchy that he was resigning from formal union membership when his 30 day period ended and returned to work after a couple of days. Workers who refrain from union membership are not subject to a union’s constitution and bylaws and cannot be fined or otherwise disciplined for working during a strike.

However, because Missouri does not have a Right to Work law, Gudde is still forced to pay a certain amount of union dues and fees to the union.

In mid-March, IAM union bosses fined Gudde $7,361.36 for working during the strike. Moreover, three coworkers who did not resign from the union but also worked during the 30 day probation period were not fined, thus suggesting the fine was in retaliation for Gudde exercising his rights.

“Cynical IAM union bosses are retaliating against a worker for exercising his rights to continue providing for himself and his family during a strike, even after they told him to keep working,” said Mark Mix, President of the National Right to Work Foundation. “These types of compulsory unionism injustices will continue to occur until Missouri passes Right to Work protections for its workers.”

8 May 2012

Indiana Workers File Brief in Support of State’s New Right to Work Law

Posted in Blog, News Releases

Indiana Workers File Brief in Support of State’s New Right to Work Law

Hoosier citizens contest spurious union legal challenge

Lake County, IN (May 7, 2012) – Two Indiana citizens, David Brubaker and Douglas Richards, have just submitted an amicus curiae brief to defend Indiana’s newly-enacted Right to Work law from a frivolous union legal challenge in state court.

Brubaker and Richards are both clients of National Right to Work Foundation staff attorneys. To comply with Indiana bar and court rules, the Foundation engaged Indiana attorneys Asheesh Agarwal and David Wagner of the Indianapolis office of Ogletree Deakins to file the workers’ amicus brief.

The anti-Right to Work lawsuit, filed by United Steel Workers (USW) lawyers in April, makes a number of dubious claims about Indiana’s new law, including the argument that unions have a right to force workers to pay for their unwanted services . . .

Click here to read the rest.