Worker Advocate Blasts Obama Labor Board Rule Change

New rule would allow union bosses to ambush workers into forced-dues-paying union ranks

Washington, DC (December 22, 2011) – The National Labor Relations Board (NLRB) announced new guidelines that give union organizers the upper hand over independent-minded employees in representation elections which will be implemented on April 30, 2012.

The new rules dictating how union organizing elections are conducted are designed to dramatically shorten the time individual workers have to share information with their coworkers about the effects of unionization. The new rules were rushed out before former Service Employees International Union (SEIU) lawyer and Obama recess appointee Craig Becker’s NLRB term expires, at which point the NLRB will drop to two members and no longer have a quorum necessary to take any action.

Mark Mix, President of the National Right to Work Foundation – the nation’s leading advocate for workers who suffer from the abuses of compulsory unionism – released the following statement in the wake of the NLRB’s announcement:

"Christmas came early for Big Labor as the Obama Labor Board has once again given union bosses increased power to ambush workers into dues-paying union ranks.

Read the entire release here.

Washington, DC (December 22, 2011) – The National Labor Relations Board (NLRB) announced new guidelines that give union organizers the upper hand over independent-minded employees in representation elections which will be implemented on April 30, 2012.

The new rules dictating how union organizing elections are conducted are designed to dramatically shorten the time individual workers have to share information with their coworkers about the effects of unionization. The new rules were rushed out before former Service Employees International Union (SEIU) lawyer and Obama recess appointee Craig Becker’s NLRB term expires, at which point the NLRB will drop to two members and no longer have a quorum necessary to take any action.

Mark Mix, President of the National Right to Work Foundation – the nation’s leading advocate for workers who suffer from the abuses of compulsory unionism – released the following statement in the wake of the NLRB’s announcement:

“Christmas came early for Big Labor as the Obama Labor Board has once again given union bosses increased power to ambush workers into dues-paying union ranks.

“The NLRB’s new ambush union organizing election rules make union organizing campaigns even more one-sided and stifle the rights of employees who may oppose unionization in their workplace.

“Although a secret ballot election can’t prevent the fundamental violation of individual rights that occurs under union boss monopoly bargaining, at the very least an election period is needed that gives workers enough time to educate their coworkers about the potential impact of unionization after months or even years of union organizing and propaganda.

“This power grab reminds us once again that the Big Labor-dominated NLRB and in fact federal labor law is not written and enforced to help workers but to empower union officials with unique and damaging privileges designed to bolster their power and revenue.”

In August, the Foundation filed comments opposing the new rules because they expand union bosses’ compulsory unionism powers. Foundation staff attorneys are already combing through the details of the 205 page rules and considering possible legal challenges.

Washington, DC (December 19, 2011) – The National Labor Relations Board (NLRB), the federal agency charged with administering most private sector labor law, has upheld an Administrative Law Judge’s decision awarding over $55,000 in back pay to a television employee who was discriminated against by Teamster officials. The Board’s ruling stems from unfair labor practice charges filed by Thomas Coghill, an ABC driver who received free legal assistance from National Right to Work Foundation staff attorneys.

Teamster Local 509 union officials are party to a monopoly bargaining agreement with ABC in Charleston, South Carolina that forces workers to go through the union’s hiring hall to get a job with the studio. Because Local 509 union members were working on other sets when production of Army Wives started, Thomas Coghill – a member of a different Teamster local – was hired as a makeup driver during the show’s first two seasons.

As more Local 509 members became available to work on Army Wives, a dispute arose among various Teamster officials over who should be eligible to work on the program. Coghill was eventually removed from Local 509’s “Movie Referral List” because he did not belong to Local 509 while its members continued to receive preferential access to jobs on the set of Army Wives.

Coghill responded to Local 509’s biased hiring procedure by filing unfair labor practice charges against the union on the grounds that federal labor law prohibits union officials from discriminating against nonunion employees. National Right to Work Foundation staff attorneys subsequently persuaded an Administrative Law Judge to award Coghill over $55,000 in back pay. Union lawyers unsuccessfully appealed the ruling to the NLRB, which has now affirmed the judge’s decision in its entirety.

“Despite a tough economy, Teamster bosses had no qualms about discriminating against certain employees because they didn’t belong to the ‘right’ union” said Patrick Semmens, legal information director for the National Right to Work Foundation. “It should not have been necessary to resort to drawn-out litigation to hold Teamster officials accountable, but we’re pleased that Coghill will finally receive the back pay union bosses tried to deny him.”

“Until Big Labor’s many government-granted special powers are repealed, this type of abuse will continue as union bosses intimidate and retaliate against workers who refuse to toe the union line,” concluded Semmens.

Transcript Shows SC Boeing Employees Kept in Dark about Labor Board Sham Settlement

Washington, DC (December 14, 2011) – National Labor Relations Board (NLRB) documents show that workers who had intervened in the Board’s high-profile case against Boeing were instead shut out of the entire process by which the case ended with Boeing agreeing to locate production of its 737 MAX plane in forced-dues Washington State.

With free legal assistance from the National Right to Work Foundation, North Charleston Boeing employees Dennis Murray, Cynthia Ramaker, and Meredith Going, Sr. moved to intervene in the NLRB’s unprecedented case targeting the company for locating production of some of its 787 Dreamliner airplanes in South Carolina, in part due to its popular Right to Work law. In Right to Work states, workers cannot be compelled to pay union dues or fees as a condition of employment.

An Administrative Law Judge (ALJ) originally denied the workers’ request but was forced by the NLRB in Washington, D.C., to allow them to participate as partial intervenors in the case.

The transcript of the hearing ending the case in which NLRB, Boeing, and International Association of Machinist (IAM) union lawyers participated show that the workers were explicitly shut out of the proceedings. According to the transcript, the judge acknowledged that he had "finessed" the workers out of the process, which occurred without any notice to the workers.

Mark Mix, President of National Right to Work, issued the following statement in the wake of the hearing’s revelations:

"The Obama Labor Board has set a dangerous precedent that will allow union bosses to bully job providers not to locate jobs in states with Right to Work protections for their workers, thus forcing more workers into union-dues-paying ranks, or face costly legal action.

"Boeing, IAM, and NLRB lawyers’ transparent ploy to sweep the South Carolina workers under the rug once again shows that the Obama NLRB puts union boss priorities above the rights and well-being of individual employees.

Read the entire release here.

Washington, DC (December 14, 2011) – National Labor Relations Board (NLRB) documents show that workers who had intervened in the Board’s high-profile case against Boeing were instead shut out of the entire process by which the case ended with Boeing agreeing to locate production of its 737 MAX plane in forced-dues Washington State.

With free legal assistance from the National Right to Work Foundation, North Charleston Boeing employees Dennis Murray, Cynthia Ramaker, and Meredith Going, Sr. moved to intervene in the NLRB’s unprecedented case targeting the company for locating production of some of its 787 Dreamliner airplanes in South Carolina, in part due to its popular Right to Work law. In Right to Work states, workers cannot be compelled to pay union dues or fees as a condition of employment.

An Administrative Law Judge (ALJ) originally denied the workers’ request but was forced by the NLRB in Washington, D.C., to allow them to participate as partial intervenors in the case.

The transcript of the hearing ending the case in which NLRB, Boeing, and International Association of Machinist (IAM) union lawyers participated show that the workers were explicitly shut out of the proceedings. According to the transcript, the judge acknowledged that he had "finessed" the workers out of the process, which occurred without any notice to the workers.

Mark Mix, President of National Right to Work, issued the following statement in the wake of the hearing’s revelations:

"The Obama Labor Board has set a dangerous precedent that will allow union bosses to bully job providers not to locate jobs in states with Right to Work protections for their workers, thus forcing more workers into union-dues-paying ranks, or face costly legal action.

"Boeing, IAM, and NLRB lawyers’ transparent ploy to sweep the South Carolina workers under the rug once again shows that the Obama NLRB puts union boss priorities above the rights and well-being of individual employees.

"The IAM union officials’ and NLRB’s General Counsel’s hasty disposition of this unpopular case is a desperate attempt by the NLRB to save face for the Obama administration before the upcoming election year starts.

"Foundation staff attorneys plan to pursue all legal options to ensure that the rights of Charleston-area Boeing employees, and America’s other independent-minded workers, are protected against the encroaching expansion of forced unionism that the NLRB’s prosecution against Boeing has set loose."

Meanwhile, federal unfair labor practice charges filed by Boeing employee Dennis Murray against the IAM for retaliating against the Charleston workers for exercising their rights are still pending before the NLRB regional office in Winston-Salem, North Carolina.

Portage, Indiana (December 5, 2011) – In response to charges filed by National Right to Work Legal Defense Foundation staff attorneys for two Minteq employees, the National Labor Relations Board (NLRB) has issued a complaint against International Union of Operating Engineers Local 150 union officials.

The NLRB issued the consolidated complaint against Minteq and Local 150 for forcing employees to continue paying union dues after the bargaining agreement between the company and the union expired. The National Right to Work Legal Defense Foundation is providing free legal aid to two employees, Joel Tibbets and Adam Hill, who filed the original unfair labor practice charges.

From 2006 to December 31, 2010, Minteq and Local 150 were party to a union monopoly bargaining agreement that required employees to pay union dues to keep a job with the company. Such agreements are legal because Indiana lacks a Right to Work law, which would prohibit union officials from forcing workers to pay dues as a condition of employment.

Once the contract between Minteq and the union expired, however, company officials continued to deduct union dues from Minteq employees’ paychecks and hand them over to Local 150 bosses. Union and company officials have not agreed to a new contract since December of last year.

The NLRB’s charges seek the reimbursement of all dues collected since December 31, 2010 from Hill and Tibbets. A hearing will take place on February 15, 2012 in Hammond, Indiana to determine the validity of the charges.

“Union and company officials kept collecting dues from unwilling employees for nearly a year after their bargaining agreement expired,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “We hope that Joel Tibbets and Adam Hill will be able to reclaim their hard-earned money, but this type of abuse will continue until Indiana passes a Right to Work law and makes all union dues and fees strictly voluntary.”

Healthcare Workers Win Settlement after SEIU Union Officials Demand Personal Information

Worker advocate assists healthcare workers coerced into forced dues union ranks

Sacramento, CA (November 30, 2011) – With free legal aid from National Right to Work Foundation attorneys, a Sutter Roseville Medical Center respiratory care practitioner has won a settlement against a statewide union for coercing her and her colleagues into paying forced union dues.

Late last year, Mary Massen filed unfair labor practice charges with the National Labor Relations Board (NLRB) regional office in San Francisco after Service Employees International Union United Healthcare Workers – West (SEIU-UHW) officials refused to allow her to exercise her rights.

Because California does not have Right to Work protections for its workers, Massen, who has exercised her right to refrain from formal union membership, is still forced to pay union fees as a condition of employment. However, because of a Foundation-won Supreme Court precedent in Communication Workers v. Beck, she cannot be compelled to pay the portion of union dues used for the union’s political, lobbying, and member-only activities. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently verified audit of chargeable and non-chargeable expenses.

Union officials failed to provide nonmember employees with the disclosure Beck requires and forced the workers to object annually, a tactic designed to coerce workers into paying full union dues. Additionally, SEIU-UHW union officials required employees to provide their social security numbers to refrain from paying union dues used for union boss political activities, further discouraging workers from exercising their rights.

Read the entire release here.

Sacramento, CA (November 30, 2011) – With free legal aid from National Right to Work Foundation attorneys, a Sutter Roseville Medical Center respiratory care practitioner has won a settlement against a statewide union for coercing her and her colleagues into paying forced union dues.

Late last year, Mary Massen filed unfair labor practice charges with the National Labor Relations Board (NLRB) regional office in San Francisco after Service Employees International Union United Healthcare Workers – West (SEIU-UHW) officials refused to allow her to exercise her rights.

Because California does not have Right to Work protections for its workers, Massen, who has exercised her right to refrain from formal union membership, is still forced to pay union fees as a condition of employment. However, because of a Foundation-won Supreme Court precedent in Communication Workers v. Beck, she cannot be compelled to pay the portion of union dues used for the union’s political, lobbying, and member-only activities. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently verified audit of chargeable and non-chargeable expenses.

Union officials failed to provide nonmember employees with the disclosure Beck requires and forced the workers to object annually, a tactic designed to coerce workers into paying full union dues. Additionally, SEIU-UHW union officials required employees to provide their social security numbers to refrain from paying union dues used for union boss political activities, further discouraging workers from exercising their rights.

Union bosses’ misuse of social security numbers to retaliate against workers who refuse to toe the union line is not without precedent. In an ongoing case, Foundation attorneys are assisting 16 employees in North Carolina whose social security numbers and other personal information were publicly posted by union officials in apparent retaliation for exercising their right to not join the union.

The settlement prohibits SEIU-UHW from requiring annual renewal, stops union officials from demanding social security numbers from workers exercising their Beck rights, and requires union officials to post an informational notice in the workplace. Foundation attorneys are appealing a part of the settlement because the NLRB is not requiring union officials post the informational notice on the union’s website.

“This precedent-setting victory defeated a union hierarchy’s scheme to force workers to give away sensitive personal information for no other reason than to discourage them from exercising their statutory rights,” said Patrick Semmens, Legal Information Director of the National Right to Work Foundation. “California needs a Right to Work law to protect workers from these forced unionism abuses in the future.”

Washington, DC (November 29, 2011) – With the help of National Right to Work Foundation staff attorneys, several Illinois personal care providers are asking the Supreme Court to invalidate a scheme enacted by Governor Pat Quinn and his predecessor, Rod Blagojevich, aimed at forcing them into union ranks.

Pam Harris and seven other Illinois care providers filed a petition for a writ of certiorari today, challenging the Governors’ forced-unionism scheme on the grounds that it violates the Constitution’s guarantees of free expression and association, effectively forcing providers to subsidize union officials’ lobbying efforts.

The petition stems from a class-action lawsuit filed by the providers after Quinn signed an executive order designating 4,500 individuals who offer in-home care to disabled persons as “public employees,” thus rendering them eligible for unwanted union organizing.

As a result of Quinn’s order, Service Employees International Union (SEIU) and American Federation of State, County, and Municipal Employees (AFSCME) union bosses have been competing to acquire monopoly bargaining control over this newly-created class of public employees.

Quinn’s executive order mirrored one issued by disgraced former Governor Rod Blagojevich, which designated over 20,000 personal care providers as state workers for the purpose of forcing them into union ranks. Quinn’s executive order expanded Blagojevich’s directive to cover an additional 4,500 providers who were not included in the original order.

In a 2010 mail-in vote, homecare providers emphatically rejected unionization by a two-to-one margin. But because of Quinn’s executive order, they’ll continue to face unionization drives until they capitulate. The personal care providers covered by Blagojevich’s executive order have already been forced to pay union fees to the SEIU.

“My primary concern is that someone else will be telling me how to best care for my son,” said Harris, who provides personal care for her adult son and is the lead plaintiff in the lawsuit. “Union dues would be a deduction from what we have available to provide for my son’s needs. And then I would be giving my money to a union to exercise their political muscle on issues I may vehemently disagree with.”

“This scheme is nothing more than pure political payback,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “Governor Quinn’s campaign was enthusiastically supported by the SEIU, and now he’s returning the favor by helping force home-based care providers into union ranks. We hope the Supreme Court takes the case and eventually invalidates this blatant union power grab.”

WVU Hospital Employee Files Federal Charge after Union Ignores Her Rights

West Virginia’s workers desperately need Right to Work protections

Morgantown, WV (November 23, 2011) – With aid from the National Right to Work Foundation, a West Virginia University Hospital employee has filed a second federal charge against a local union for refusing to honor her resignation from formal union membership, forcing her to pay full union dues against her will, and failing to provide the legally-required disclosure of how her forced dues are being spent.

Kimberly Wright initially resigned formal union membership from the Laborers’ International Union of North America (LIUNA) Local 814 in December 2010. Wright exercised her rights under the Foundation-won U.S. Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership.

For months following, LIUNA Local 814 union officials continued to extract full union dues from her paycheck, forcing her to file a charge with the National Labor Relations Board (NLRB) with free legal assistance from Foundation attorneys. The Board then settled the case with union lawyers.

Despite the settlement, LIUNA Local 814 union officials continue to collect full union dues from her paycheck.

Read the entire release here.