Philadelphia, PA (September 22, 2009) – Today, National Right to Work Foundation attorneys filed unfair labor practice charges for Kimberly Hummel, a Philadelphia nurse who has been subpoenaed to testify at a private arbitration hearing for daring to oppose a backroom deal between Hahnemann University Hospital and the California Nurses Association (CNA) union.

In June 2009, the CNA union decisively lost a so-called “consent election” to determine if Hahnemann employees would be forced to accept union monopoly bargaining. Despite a coercive deal between union bosses and hospital officials that gave CNA organizers preferential access to hospital facilities, circumvented federal oversight, and prevented nurses from discussing the downsides of unionization, Hahnemann University Hospital employees voted against the CNA, 309 to 267.

Unwilling to take “no” for an answer, CNA operatives responded by filing a series of objections to the election with the National Labor Relations Board (NLRB), alleging that the unionization drive was somehow tainted by hospital officials’ actions, despite the fact that the hospital’s management provided assistance to union organizers. The CNA union filed similar objections with a private arbitrator, who promptly subpoenaed Hummel, a leading opponent of the CNA’s abusive organizing tactics, threatening her with a monetary fine if she refused to participate. NLRB officials have already set a date for a hearing on these objections, however.

Because Hummel never agreed to submit to private arbitration, her unfair labor practice charges assert that she is under no obligation to answer questions at the private arbitration hearing, where union operatives would have free-reign to harass and interrogate her prior to the upcoming NLRB investigation. Absent federal safeguards, a private arbitration hearing also threatens to undermine Hummel’s due process rights. As a result, Hummel has refused to appear before the CNA’s tribunal and has filed unfair labor practice charges against the union for threatening her with a subpoena.

“With the help of complicit hospital administrators, CNA operatives have already tried to forced Hahnemann nurses into the dues-paying ranks of an unwanted union,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Now that they’ve been rebuffed by Philadelphia nurses, union bosses are attempting to drag Kimberly Hummel into a union kangaroo court for interrogation.”

“The union’s objections are already being investigated by the NLRB, so employees like Mrs. Hummel will absolutely not attend a private arbitration hearing that lacks basic due process safeguards,” continued Gleason. “Instead of pursuing this ludicrous hearing, union officials should respect the wishes of these nurses to remain union-free and go away.”

Employees File Federal Class Action Suit to Halt Abusive Mandatory Union Dues Scheme

Right to Work Foundation helps employees challenge national union’s illegal “annual objection” policy

Aberdeen, MD (September 21, 2009) – Today, two employees filed a class action federal suit challenging the International Association of Machinist and Aerospace Workers (IAM) union’s nationwide policy requiring employees to object year after year to paying union dues they cannot be lawfully forced to pay.

With free legal aid from the National Right to Work Foundation, Jacobs Technology Incorporated employees Rick Gorham and Robert Negosta are challenging the IAM union officials’ scheme intended to thwart non-union members’ legal rights to refrain from paying union dues for union electioneering and other non-bargaining activities. Foundation attorneys filed the complaint in Maryland’s U.S. District Court on behalf of the two employees and all of Jacobs Technology’s other similarly-situated employees.

In the Foundation-won Communication Workers of America v. Beck (1988), the U.S. Supreme Court held that union officials can lawfully compel nonmembers to pay union dues as a job condition, but not the part of dues spent for non-bargaining activities like political activism, lobbying, and member-only events. However, these limited rights have been difficult to enforce, as union officials often concoct illegal schemes such as these “annual objection” policies to burden or thwart employees from exercising their rights.

(Continue reading this news release…)

Aberdeen, Maryland (September 21, 2009) – Today, two employees filed a class action federal suit challenging the International Association of Machinist and Aerospace Workers (IAM) union’s nationwide policy requiring employees to object year after year to paying union dues they cannot be lawfully forced to pay.

With free legal aid from the National Right to Work Foundation, Jacobs Technology Incorporated employees Rick Gorham and Robert Negosta are challenging the IAM union officials’ scheme intended to thwart non-union members’ legal rights to refrain from paying union dues for union electioneering and other non-bargaining activities. Foundation attorneys filed the complaint in Maryland’s U.S. District Court on behalf of the two employees and all of Jacobs Technology’s other similarly-situated employees.

In the Foundation-won Communication Workers of America v. Beck (1988), the U.S. Supreme Court held that union officials can lawfully compel nonmembers to pay union dues as a job condition, but not the part of dues spent for non-bargaining activities like political activism, lobbying, and member-only events. However, these limited rights have been difficult to enforce, as union officials often concoct illegal schemes such as these “annual objection” policies to burden or thwart employees from exercising their rights.

While the IAM union hierarchy’s annual objection policy should not apply to employees who have refrained from IAM union membership, IAM union officials still illegally require nonmember employees nationwide to file formal objections every year. Additionally, IAM union bosses regularly change the dates for the annual thirty-day window period ostensibly to create additional confusion.

Foundation attorneys won a similar case challenging the IAM’s annual objection policy under the Railway Labor Act in a U.S. District Court in Virginia. The court forced the union to abandon the policy, but the union lawyers are trying to keep the policy in force in all workplaces not governed by that statute. Foundation attorneys are now challenging the policy that applies to employees covered by the National Labor Relations Act (NLRA).

“These workers are taking a courageous stand against funding the Machinist union bosses’ radical political agenda and fat-cat lifestyles,” said Stefan Gleason, vice president of the National Right to Work Foundation. “No worker should be compelled to hand over their hard earned dollars so that IAM union bosses can play politics or take vacations with the union’s $2 million private jet.”

Indianapolis, IN (September 16, 2009) – With free legal aid from the National Right to Work Foundation, three bus drivers have forced union officials to halt their unfair labor practices after union officials rebuffed the workers’ attempts to opt out of union membership and forced them to pay fees spent for union electioneering and other objectionable activities.

In the Foundation-won Communication Workers of America v. Beck (1988) decision, the U.S. Supreme Court held that union officials can lawfully compel nonmembers to pay union dues as a job condition, but not the part of dues spent for activities like political activism, lobbying, and member-only events. However, these limited rights have been difficult to enforce, which adds further strength to the case for a state Right to Work law to end the abusive practice of forcing workers to pay dues or be fired.

American Federation of State, County and Municipal Employees (AFSCME) Local 3826 union bosses failed to provide First Student school bus drivers with a notification of their rights under Beck. In March and April 2008, Barry and Connie Hickman sent two letters each to AFSCME Council 62, the regional body which handles the local’s objection policy, objecting to paying for non-bargaining costs they cannot be required to support financially. Thomas Spencer II sent a similar objection letter in May.

But in September, AFSCME union officials deducted forced dues from the paychecks of the Hickmans, Spencer, and other similarly situated employees, even though the employees never authorized dues deduction. Two months later, union bosses threatened that the employees would be fired by First Student if they did not join the union and sign dues deduction authorization cards.

In mid-January, AFSCME union brass finally provided the Hickmans with a notice of the union’s objection policy but informed them that they would need to send new objection letters by January 31, even though they had already each formally objected twice in the last year. Union officials never provided Spencer with such a notice at all and deducted full union dues from his paycheck without his consent.

The settlement requires union officials to post notices informing employees of their right to refrain from formal, full dues-paying membership. Spencer will be reimbursed for the union fees that union officials now admit funded non-chargeable activities.

AFSCME union officials will also provide the employees with an audited breakdown of chargeable expenses, and the workers will have the opportunity to challenge the amount of the reduced fees they will still be forced to pay. To date, 22 states have passed Right to Work protections that ensure employees are not forced to pay any union dues as a condition of employment, but Indiana remains a forced unionism state.

“Only a Right to Work law in Indiana will protect workers from power-hungry union bosses who trick, mislead, and threaten employees to pay union dues to fund their agenda,” said Stefan Gleason, vice president of the National Right to Work Foundation. “No worker should be forced to associate with a union as a condition of getting or keeping a job.”

Washington, DC (September 4, 2009) – 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 Americans will enjoy a well-deserved long weekend. But as we celebrate the free-enterprise system and the value of hard work, union officials are mounting an unprecedented effort to grab more coercive power. At its core, their basic goal is simple: expand the number of workers forced to pay union dues and accept mandatory union representation just to keep their jobs.

“Unfortunately, the union hierarchy’s ambitions go well beyond the scope of previous years. Now that union operatives have helped install a President who in his own words says ‘he owes these unions,’ Big Labor is focused on a series of unprecedented power grabs.

"Their first priority is coercive ‘card check’ legislation, which would shove millions of unwilling workers into unions, disenfranchising workers from the process, and forcing struggling job-providers to knuckle-under to government-imposed contracts. Other legislative plans include the newly-revived Police and Firefighter Monopoly Bargaining Bill, which threatens America’s first responders with federally-mandated unionization. The National Right to Work Committee is mobilizing its 2.2 million members to combat these and other bills designed to force even more unwilling workers into unions.

“Throughout the United States, more than 12 million American workers are already compelled to pay union dues as a condition of keeping their jobs. And millions more are required by law to accept a union’s so-called ‘representation,’ even if they never asked or voted for it.

“Meanwhile, many workers feel they have no choice but to pay for organized labor’s extensive political activities, while others are still 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.

“This Labor Day, we commend all workers brave enough to stand up to union intimidation, harassment, and even violence as they defend their cherished freedoms. While we look forward to the day when no American is forced to pay tribute to an unwanted union, we must steel ourselves for the legislative and judicial battles ahead to defend employee freedom.”

To download Mark Mix’s statement as an MP3: Click here.

Los Angeles, CA (August 17, 2009) – The National Labor Relations Board (NLRB) has agreed to reconsider a controversial preliminary decision denying attempts by Los Angeles Times employees to remove a mandatory dues clause from the newspaper’s union contract. Attorneys from the National Right to Work Foundation are providing free legal assistance to workers seeking to rid themselves of any forced dues obligation.

Over the past six months, union officials from the Graphic Communications Conference of the International Brotherhood of Teamsters (GCC/IBT) Local 140-N union have repeatedly ordered Leon Carey, Jr. and similarly situated employees to pay union dues or face lawsuits in California civil court, citing a clause in the union’s contract with the Los Angeles Times.

Because California is not a Right to Work state, employees can be obligated to pay union dues related to collective bargaining as a condition of employment. However, employees cannot be legally compelled to join a union against their will. Employees also have the right to collect signatures for a deauthorization drive to formally revoke a union’s forced-dues privilege.

Carey collected signatures from over 30 percent of his fellow employees and filed a petition for deauthorization with the NLRB’s regional director. The regional director bizarrely refused to schedule the election to eliminate the forced union dues clause, claiming that workers can only pursue deauthorization if the union hierarchy forces them to pay dues upon penalty of losing their jobs.

In the Request for Review, Foundation attorneys noted that because union operatives have repeatedly threatened Carey with legal action if he refuses to pay, the union contract’s forced dues provisions constitute a de facto requirement for working at the Los Angeles Times.

Foundation attorneys have also filed separate unfair labor practice charges challenging the legality of the afore-mentioned provisions.

“We’re encouraged by the NLRB’s decision to review this unfounded preliminary ruling, but union-boss threats of lawsuits will continue as long as workers can be forced to pay dues as a condition of working at the LA Times,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Ultimately, making union membership and dues-payment completely voluntary is the only way to prevent this type of abuse in the future, which is why California desperately needs a Right to Work law.”

Clark County, NV (July 31, 2009) – A Nevada District Court has just ruled in favor of a Clark County construction management inspector, reaffirming the right of all Nevada public employees to pursue workplace complaints individually rather than rely on unwanted union officials to navigate the grievance process.

In January 2007, Mathew Burke filed a formal grievance with the Clark County Human Resources Office, alleging that his supervisor forced him to perform duties outside the scope of his employment. The County dismissed Burke’s complaint, indicating that any grievance should go through union officials despite Burke’s nonunion status and his lack of confidence in the union’s effectiveness.

With free legal assistance from the National Right to Work Foundation, Burke subsequently challenged that decision at the Nevada Local Government Employee-Management Relations Board. Burke testified that as a nonunion employee, he was unsatisfied with being represented by the Service Employees International Union (SEIU) Local 1107, the monopoly bargaining agent for his employer. Despite protests from County and SEIU officials, the Board ruled that Burke had the right to file individual grievances related to the terms of his employment without the union’s involvement.

Clark County officials then requested judicial review of the Board’s decision, claiming that under the union’s collective bargaining agreement, employees are not permitted to pursue individual workplace grievances. After reviewing the facts of the case, District Court Judge Douglas Herndon ruled in Burke’s favor, stating that Nevada law allows nonunion public employees to file complaints without union interference.

“Mr. Burke’s experience reveals the fundamental injustice of monopoly bargaining,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Workers should be able to file grievances and represent themselves individually, free from the interference of union officials who may not have their best interests at heart or who may even be in collusion with management.”

Nashua, New Hampshire (July 28, 2009) – The National Right to Work Legal Defense Foundation has filed a formal complaint with the Federal Election Commission (FEC) asking it to investigate charges made by a Nashua-area postal worker who discovered his annual union membership dues were illegally diverted into the union’s political action committee (PAC).

In July 2006, United States Postal Service employee Philip Wakeman paid $429 in membership dues to join the National Postal Mail Handlers Union (NPMHU), a division of the Laborers’ International Union.  On the “Memo” line at the bottom of the check, he wrote “Union Dues.”  A union official later acknowledged receipt of the union dues.

In October 2008, over two years after submitting the check to the NPMHU union, a stranger called Wakeman on an unrelated matter and informed him that she found his information on the Internet.  The stranger then suggested that he do a “Google” Internet search of his name.   After doing so, Mr. Wakeman was astounded to find his name disclosed as making a contribution to the NPMHU PAC in the exact amount of his annual NPMHU union membership dues – all without his knowledge.

Apparently NPMHU union bosses had illegally diverted his dues payment to the union’s PAC.   Mr. Wakeman contacted the National Right to Work Legal Defense Foundation, and Foundation attorneys filed a complaint with the Federal Election Commission for him and the Foundation.

It is illegal for union officials to fund union PACs using “dues, fees, or other moneys required as a condition of membership in a labor organization.”  NPMHU union bosses are also accused of violating federal election law by making a political campaign contribution in another person’s name and soliciting political contributions under false pretenses while failing to inform Mr. Wakeman that his membership dues would be used for political purposes.

“This union money laundering scheme makes a mockery of the right to political autonomy,” said Stefan Gleason, vice president of the National Right to Work Foundation.   “Foundation attorneys intend to trigger prosecution of this NPMHU union boss political fundraising fraud and an investigation into whether there is a larger scheme afoot. We urge the FEC to take decisive action.”

Mayville, WI (July 28, 2009) – With free legal assistance from the National Right to Work Foundation, a Mayville-based AT&T employee has filed federal unfair labor practice charges against a local union for a series of illegal demands.

In charges filed last Friday at the National Labor Relations Board (NLRB), John Scott of Campbellsport, Wisconsin details a litany of abuses involving the Communications Workers of America (CWA) Local 4622 union and its national affiliate, including an illegal attempt to force workers to continue to pay dues after the union’s contract with their employer expired. Union officials’ previous agreement with AT&T contained a provision requiring nonmember employees to pay certain union dues or be fired from their jobs, but now that the agreement has lapsed, nonunion workers cannot be compelled to pay any dues whatsoever.

These allegations follow several other reports of unlawful coercion of AT&T workers at the hands of CWA operatives. AT&T employees in St. Louis recently filed similar charges, indicating that CWA officials forced them to pay dues after their contract with AT&T expired.

Scott also alleges that CWA officials refused to recognize his right to refrain from paying union dues unrelated to collective bargaining. Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, nonunion workers can be forced to pay certain dues as a condition of employment, but they cannot be compelled to fund any union activities unrelated to bargaining, such as political activism, lobbying, and public relations.

Although union officials never formally acknowledged Scott’s right not to pay certain dues, they also insisted that any worker who opted-out of fees unrelated to workplace bargaining must annually renew their objections. Despite several adverse rulings from administrative law judges, CWA officials continue to force workers to annually renew their objections to union dues.

With AT&T contracts expiring nationwide, union bosses appear to be ramping up their efforts to keep unwilling employees in line. Other charges filed with the assistance of National Right to Work Foundation attorneys in St. Louis and New Jersey allege that CWA operatives attempted to force nonunion workers to abandon their jobs at the drop of a hat in the event of a CWA strike.

“It’s absurd that AT&T employees are forced to jump through this many hoops just to reclaim their forced union dues,” said Stefan Gleason, vice president of the National Right to Work Foundation. “No worker should be forced to pay tribute to a union boss just to get or keep a job.”

St. Louis, MO (July 23, 2009) – With free legal assistance from National Right to Work Legal Defense Foundation attorneys, two St. Louis-based AT&T employees have filed federal unfair labor practice charges against union officials for illegal coercion.

The charges outline a series of abuses involving Communication Workers of America (CWA) Local 6300 union and its national affiliate, including an illegal attempt to force one worker to participate in a general strike. These allegations come on the heels of similar charges filed by AT&T employees in New Jersey, who also report that CWA militants attempted to force them to participate in an upcoming work stoppage.

David McBride of Granite City, Illinois and Jeanette Burton of Imperial, Missouri allege that union officials engaged in a series of abusive and illegal practices. In addition to attempting to force McBride to participate in a strike, union operatives refused to recognize either workers’ right to refrain from paying forced union dues unrelated to collective bargaining. Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, nonunion workers can be forced to pay certain dues or lose their jobs, but they cannot be compelled to fund any union activities unconnected to workplace bargaining, including political activism, lobbying, and public relations.

After union officials finally acknowledged the employees’ rights to opt-out of certain dues, they continued to insist that both workers had to renew their objections annually. Moreover, CWA Local 6300 also failed to provide both workers with an independently-verified breakdown of union expenditures. An audited disclosure of union finances is required by Foundation-won legal precedents to ensure nonunion workers are not being compelled to pay for non-bargaining activities.

Finally, union officials continued to force both workers to pay dues after the union’s contract with AT&T expired in April 2009. The union hierarchy’s previous agreement with AT&T contained a provision requiring nonmember employees to pay union dues for collective bargaining, but now that the agreement has lapsed, neither employee can be compelled to pay any dues to CWA officials.

The charges will now be investigated by the National Labor Relations Board (NLRB).

“It’s absurd that AT&T employees are forced to jump through this many hoops just to reclaim their forced union dues, and the union’s efforts to force one worker off the job is even worse” said Stefan Gleason, vice president of the National Right to Work Foundation. “No worker should be forced to pay tribute to a union boss just to get or keep a job.”