17 Dec 2009

Union Lawyers Deploy Strategy to Overturn Workers’ Protection Against Card Check Organizing Abuse

Posted in News Releases

Washington, DC (December 17, 2009) – In five new cases before the National Labor Relations Board (NLRB), union lawyers are asking the NLRB to overturn a landmark 2007 decision which gave new protections to workers swept into union ranks through card check forced unionism.

In Dana Corporation, National Right to Work Foundation attorneys won new rights for employees intended to counteract the employee intimidation and harassment waged by aggressive union operatives that frequently occurs during controversial card check organizing campaigns.

The Dana decision granted employees the ability to file a decertification petition and demand a secret ballot election to toss out union officials from their workplace within 45 days after an employer recognizes a monopoly bargaining agent by card check. This important (though modest) check gives workers some ability to stop union organizers from gaining monopoly control over a workplace without even the support of a majority of the employees.

The very Foundation attorneys who originally won the landmark Dana case are providing free legal assistance to Todd Fields, an ARAMARK Uniform and Career Apparel employee in Minneapolis, Minnesota, and Mike Lopez, an employee of Lamons Gasket Company in Houston, Texas, in two of the five cases before the NLRB. These two cases seeking to overturn Dana were pressed by Service Workers United (SEIU) and United Steelworkers union lawyers.

In each of these cases, more than 30 percent of the employees at each employer asked for a secret ballot election to decertify the newly installed union, and union lawyers asked for the election petitions to be dismissed. Union lawyers argue that giving the employees a secret ballot election is a “radical departure” from established law.

“The fact that many employees corralled into a union through the card check scheme have almost immediately thrown the union back out through a private ballot vote demonstrates card check’s unreliable and coercive nature,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Because the Dana election process inherently undermines Big Labor’s case to permanently end secret ballot elections, union lawyers are determined to undo this modest check on union intimidation.”

In the Dana ruling, the NLRB majority pointed out, “card checks are less reliable because they lack secrecy and procedural safeguards… union card-solicitation campaigns have been accompanied by misinformation… workers sometimes sign union authorization cards…to get the person off their back.”

 

16 Dec 2009

Employees Slap Teamster Union Officials with Federal Charges over Illegal Forced Dues Policy

Posted in News Releases

News Release

Employees Slap Teamster Union Officials with Federal Charges over Illegal Forced Dues Policy

Union officials fail to provide adequate disclosure to nonunion employees, then threaten the workers with termination

Philadelphia, PA and Baltimore, MD (December 16, 2009) – With free legal assistance from the National Right to Work Foundation, four workers forced to pay fees to a regional Teamsters union council have filed unfair labor practice charges against the union for providing inadequate financial disclosure and illegally threatening to have workers who didn’t pay fired.

Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, nonmember employees can be forced to pay certain union dues as a condition of employment, but they cannot be compelled to pay for politics, lobbying, and member-only events. 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.

Graphic Communications Conference/International Brotherhood of Teamsters, District Council 9, union bosses have exclusive representation power over employees at Perfecseal, Inc. in Philadelphia, PA, and Standard Register in Salisbury, MD, but have not provided nonmember employees with the level of disclosure Beck requires. Nonmembers’ “agency fees” paid to the union council have increased by a greater percentage than corresponding increases in dues amounts for union members, and union bosses are demanding that the nonmembers pay the increased fees or be fired without providing an adequate breakdown of expenditures.

Click here to read the full release.

16 Dec 2009

Employees Slap Teamster Union Officials with Federal Charges over Illegal Forced Dues Policy

Posted in News Releases

Philadelphia, PA and Baltimore, MD (December 16, 2009) – With free legal assistance from the National Right to Work Foundation, four workers forced to pay fees to a regional Teamsters union council have filed unfair labor practice charges against the union for providing inadequate financial disclosure and illegally threatening to have workers who didn’t pay fired.

Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, nonmember employees can be forced to pay certain union dues as a condition of employment, but they cannot be compelled to pay for politics, lobbying, and member-only events. 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.

Graphic Communications Conference/International Brotherhood of Teamsters, District Council 9, union bosses have exclusive representation power over employees at Perfecseal, Inc. in Philadelphia, PA, and Standard Register in Salisbury, MD, but have not provided nonmember employees with the level of disclosure Beck requires. Nonmembers’ “agency fees” paid to the union council have increased by a greater percentage than corresponding increases in dues amounts for union members, and union bosses are demanding that the nonmembers pay the increased fees or be fired without providing an adequate breakdown of expenditures.

Additionally, the union maintains an illegal policy requiring nonmembers to renew their objection annually or be converted to full union member status and thus be forced to pay full union dues. The National Labor Relations Board Regional Directors in Philadelphia and Baltimore will now investigate the charges and decide whether to prosecute the union before an administrative law judge.

“If Pennsylvania and Maryland adopted Right to Work laws banning forced unionism, independent-minded employees would be able to defend their freedom of association,” said Stefan Gleason, vice president of the National Right to Work Foundation. “The only way to stop future abuse is to make all union dues voluntary.”

The charging parties are Michael Lee Jones at Standard Register and Awa Ereforokuma, Huan Tang, and Thomas Wells at Perfecseal for themselves and other similarly situated employees.

15 Dec 2009

‘UNITE HERE!’ Union Bosses Forced to Refund Dues Illegally Seized from Nonmember Hotel Workers

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Honolulu, Hawaii (December 15, 2009) – With free legal assistance from the National Right to Work Foundation, two Honolulu hotel employees have obtained a federally-mandated settlement from union officials with UNITE HERE! Local 5 and its national affiliate.

Brenda Lee Orr, a nonunion employee of Turtle Bay Resort, and Grant Suzuki, a nonunion employee of Hilton Hawaiian Beach Resort and Spa, filed federal charges against UNITE HERE! Local 5 last year, accusing union officials of illegally forcing nonunion employees to pay dues for activities unrelated to workplace bargaining. Suzuki also alleged that union officials failed to provide him with a federally-mandated breakdown of all union expenditures.

Because Hawaii does not have a Right to Work law, union officials can require nonmember employees to pay certain dues. However, the Foundation-won Supreme Court precedent Communication Workers v. Beck holds that nonunion workers may not be charged for activities unrelated to collective bargaining. The Foundation-won Supreme Court decision Chicago Teachers Union v. Hudson also requires union officials to provide nonmember employees with an audited financial breakdown of union expenditures.

Following a preliminary investigation of the charges by the National Labor Relations Board (NLRB), union officials agreed to a settlement that refunds all dues unrelated to workplace bargaining taken from Orr and Suzuki since April 1, 2007. The settlement also requires union officials to post workplace notices informing workers of their rights to obtain an audit of union expenditures and to opt-out of certain union dues.

Foundation attorneys estimate that union officials must now return approximately 60% of all dues collected from Orr and Suzuki under the agreement.

“After a lengthy legal battle, Brenda Lee Orr and Grant Suzuki have finally reclaimed a significant portion of their hard-earned salaries from these scofflaw union bosses,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Unfortunately, many Hawaiian workers are still unaware of their rights, so union officials will continue to collect more forced dues dollars from unwilling employees. Ultimately, making dues payment strictly voluntary through passage of a Right to Work law is the best way to end these abuses.”

15 Dec 2009

Michigan Worker Asks U.S. Supreme Court to Halt UAW Policy of Religious Discrimination

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News Release

Michigan Worker Asks U.S. Supreme Court to Halt UAW Policy of Religious Discrimination

Right to Work attorneys challenge union officials’ violation of worker’s civil rights

Washington, DC (December 15, 2009) – With free legal assistance from the National Right to Work Foundation, a western Michigan auto worker is asking the U.S. Supreme Court today to review a United Auto Workers (UAW) union policy intended to stymie workers’ religious objections to the union bosses’ agenda.

Jeffrey Reed, a resident of Bridgman, Michigan, assembles vehicles for AM General. Because his workplace is unionized, he works under a monopoly bargaining agreement which forces him either to join the UAW or pay compulsory union fees to it in order to keep his job. However, Reed, a devout Catholic, believes financially supporting the UAW union violates his sincerely-held religious beliefs due to the union hierarchy’s support for special rights for homosexuals and abortion-on-demand.

Under Title VII of the Civil Rights Act of 1964, union officials may not force any employee to financially support a union if doing so violates the worker’s sincerely-held religious beliefs. The statute requires union officials to attempt to accommodate the worker – most often by redirecting the mandatory union fees to a mutually agreed upon charity – to avoid the conflict between an employee’s faith and a requirement to pay fees to a union he or she believes to be immoral.

However, because Reed is refraining from full dues paying union membership based on his faith, UAW union bosses forced him to pay a $100 premium and continue to pay 22 percent more than the amount workers who object on non-religious grounds must pay. Both full UAW members and secular objectors are allowed to pay an amount less than full dues if they wish to cut off the use of their union dues for political activities.

(Read the full press release)

15 Dec 2009

Michigan Worker Asks U.S. Supreme Court to Halt UAW Policy of Religious Discrimination

Posted in News Releases

Washington, DC (December 15, 2009) – With free legal assistance from the National Right to Work Foundation, a western Michigan auto worker is asking the U.S. Supreme Court today to review a United Auto Workers (UAW) union policy intended to stymie workers’ religious objections to the union bosses’ agenda.

Jeffrey Reed, a resident of Bridgman, Michigan, assembles vehicles for AM General. Because his workplace is unionized, he works under a monopoly bargaining agreement which forces him either to join the UAW or pay compulsory union fees to it in order to keep his job. However, Reed, a devout Catholic, believes financially supporting the UAW union violates his sincerely-held religious beliefs due to the union hierarchy’s support for special rights for homosexuals and abortion-on-demand.

Under Title VII of the Civil Rights Act of 1964, union officials may not force any employee to financially support a union if doing so violates the worker’s sincerely-held religious beliefs. The statute requires union officials to attempt to accommodate the worker – most often by redirecting the mandatory union fees to a mutually agreed upon charity – to avoid the conflict between an employee’s faith and a requirement to pay fees to a union he or she believes to be immoral.

However, because Reed is refraining from full dues paying union membership based on his faith, UAW union bosses forced him to pay a $100 premium and continue to pay 22 percent more than the amount workers who object on non-religious grounds must pay. Both full UAW members and secular objectors are allowed to pay an amount less than full dues if they wish to cut off the use of their union dues for political activities.

In 2006, the Equal Employment Opportunity Commission determined UAW officials violated federal law and issued Reed a “right to sue” letter, but the union hierarchy still refused to grant him a proper accommodation. Foundation litigators then filed a federal lawsuit in U.S. District Court for the Eastern District of Michigan and later appealed an unfavorable trial court decision to the U.S. Court of Appeals for the Sixth Circuit.

Foundation attorneys filed a petition for a writ of certiorari asking the Supreme Court to overturn the lower courts’ decisions which require Reed to be discharged or disciplined before he can challenge the UAW’s practice of forcing religious objectors to pay more than the forced dues paid by nonmembers who refrain from union membership for purely secular reasons. Foundation attorneys also point out in their brief that the nation’s federal circuit courts are equally divided on the issue.

“By maintaining a discriminatory policy, the UAW hierarchy appears to have little regard for those who have deep moral objections to the union and its objectionable activities,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Employees should not have to take legal action for union officials to respect their fundamental right to religious freedom.”

8 Dec 2009

Public Sector Union Bosses Force Unwilling Workers to Join Union, Pay Full Dues

Posted in News Releases

Hudson, OH (December 8, 2009) – With free legal assistance from the National Right to Work Foundation, a local worker has filed federal unfair labor practice charges against the Ohio Association of Public School Employees (OAPSE) Local 791 union. The charges allege that union officials intentionally discriminated against nonunion employees and failed to inform workers of their right to refrain from union membership.

Janet Barlow is a driver employed at First Student, whose contract with OAPSE gives union officials monopoly bargaining privileges in her workplace. Barlow alleges that union officials failed to notify employees of their rights to opt-out of union membership and the payment of full union dues.

Although workers can be forced to pay certain union dues as a condition of employment, full union membership is strictly voluntary. Moreover, the Foundation-won Supreme Court precedent Communication Workers v. Beck holds that nonunion workers cannot be forced to pay dues earmarked for union activities unrelated to workplace bargaining, including member-only events and political lobbying.

OAPSE officials are also charged with intentionally discriminating against nonunion workers by circulating a notice stating that full union members do not have to pay dues until September 1, 2010, but nonmember employees must begin payments immediately. As a result of this threat, many employees joined the union who otherwise would not have.

Barlow’s charges seek an end to these discriminatory practices and the return of illegally-seized dues. Her allegations will now be investigated by the National Labor Relations Board (NLRB).

Barlow has also filed a formal deauthorization petition with the NLRB to remove the unpopular forced dues clause from the union’s contract.

“OAPSE bosses are forcing workers to pay union dues and using discriminatory practices to shove unwilling employees into union ranks,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Although we hope to help Janet Barlow and her coworkers rectify these injustices, the best way to prevent further abuse of this nature would be for Ohio to pass a Right to Work law, making union membership and dues payment strictly voluntary.”

8 Dec 2009

Federal Judge Upholds Injunction Against Teamster Union Bosses for Illegal Dues Scheme

Posted in News Releases

News Release

Federal Judge Upholds Injunction Against Teamster Union Bosses for Illegal Dues Scheme

Union officials failed to provide Pennsylvania Turnpike employees with an adequate breakdown of expenditures

Pittsburgh, PA (December 8, 2009) – A judge for the United States District Court for the Western District of Pennsylvania ruled in favor of seven Pennsylvania Turnpike Commission (PTC) employees, maintaining a permanent injunction against the Teamsters union and PTC for seizing forced union dues in violation of the employees’ constitutional rights.

With free legal aid from staff attorneys at the National Right to Work Foundation, the seven Turnpike workers filed a federal lawsuit in 2007 against Teamsters Local 250, the International Brotherhood of Teamsters (IBT), and the PTC. Exercising monopoly bargaining power over PTC employees, Local 250 officials may collect forced union dues from nonmembers – but only for expenses which union officials can prove are spent on collective bargaining.

Last year, the District Court levied a permanent injunction against Local 250 from seizing forced dues from nonmembers until it complies with the due-process and adequate disclosure requirements in the Chicago Teachers Union v. Hudson and Lehnert v. Ferris Faculty Association line of U.S. Supreme Court cases. Charges must be verified by an independent auditor, and workers must have the opportunity to challenge the fee’s basis.

Read the rest of the Foundation’s press release.

8 Dec 2009

Federal Judge Upholds Injunction Against Teamster Union Bosses for Illegal Dues Scheme

Posted in News Releases

Pittsburgh, PA (December 8, 2009) – A judge for the United States District Court for the Western District of Pennsylvania ruled in favor of seven Pennsylvania Turnpike Commission (PTC) employees, maintaining a permanent injunction against the Teamsters union and PTC for seizing forced union dues in violation of the employees’ constitutional rights.

With free legal aid from staff attorneys at the National Right to Work Foundation, the seven Turnpike workers filed a federal lawsuit in 2007 against Teamsters Local 250, the International Brotherhood of Teamsters (IBT), and the PTC. Exercising monopoly bargaining power over PTC employees, Local 250 officials may collect forced union dues from nonmembers – but only for expenses which union officials can prove are spent on collective bargaining.

Last year, the District Court levied a permanent injunction against Local 250 from seizing forced dues from nonmembers until it complies with the due-process and adequate disclosure requirements in the Chicago Teachers Union v. Hudson and Lehnert v. Ferris Faculty Association line of U.S. Supreme Court cases. Charges must be verified by an independent auditor, and workers must have the opportunity to challenge the fee’s basis.

Union officials asked U.S. District Court Judge Nora Barry Fischer to lift the injunction, but Fischer found that the union still had not complied with all of the constitutional requirements under Hudson and Lehnert. Specifically, Fischer held that the union’s audit contained overly broad language concerning organizing, lobbying, and membership activities. Fischer also singled out Local 250’s charges to nonmembers for “professional fees,” including 100 percent of all legal expenses – meaning that union bosses were attempting to charge nonmembers the cost of defending its illegal actions against them.

“Pennsylvania should adopt a Right to Work law so independent-minded employees do not have to jump through legal hoop after legal hoop just to find out what they are being charged for,” said Stefan Gleason, vice president of the National Right to Work Foundation. “In the absence of such a protection, union bosses will continue to try to abuse employees’ rights in their lust for more money and power.”

7 Dec 2009

Teamsters Local Bosses Attempt to Prevent Employees From Canceling Their Forced Dues Privileges

Posted in News Releases

Auburn, Washington (December 7, 2009) – In a desperate attempt to stall an employee vote at Alan Ritchey, Inc. which would rescind their forced dues privileges, Teamsters Local 117 union bosses filed unfair labor practice charges against the National Right to Work Legal Defense Foundation, asking the federal labor board to block an election sought by the employees.

Stefan Gleason, vice president of National Right to Work, released the following statement regarding the Teamster Local 117 officials’ charges:

“Teamster Local 117 union bosses’ desperate attempt to abuse the process to strip employees of their rightful vote to remove the Teamsters’ forced union dues privileges is outright frivolous. Sensing a lack of support from the employees, Teamsters Local 117 union officials are using procedural gimmicks to keep their forced-dues gravy train going.

“National Right to Work Legal Defense Foundation attorneys have represented several independent-minded employees who have been targeted by Local 117 union brass during their ongoing campaign of retaliation and harassment against employees who exercise their legal rights to refrain from funding union political activities. It’s downright ludicrous to suggest that a legal foundation located on the other side of the country is somehow coercing the employees who contacted us on their own for help.

“Forced union dues is an outrageous violation of employees’ freedom of association, and it leads to an unaccountable union hierarchy. Union officials don’t want to have to earn the support of rank and file workers, instead preferring to possess the power to get employees fired for nonpayment of union dues.”

With help from Foundation attorneys, Alan Ritchey, Inc. employees Gayle May and Patricia Allen – acting for dozens of other similarly-situated employees of the mail transportation equipment repair and service center – filed unfair labor practice charges against Local 117 last month.

The employees received a letter from union officials giving them only a few days to exercise their Foundation-won legal rights to refrain from paying union dues spent for non-bargaining activities like political activism, lobbying, and member-only events – even though the employees had already exercised these rights – or be fired from their jobs. At about the same time, other Alan Ritchey employees also filed a petition seeking a deauthorization election which would void the forced union dues clause in the contract with their employer.