San Francisco, Calif. (December 22, 2005) – With help from National Right to Work Foundation attorneys, a grape picker employed by Gallo of Sonoma Wine appealed to the California State Supreme Court to order a counting of ballots cast by over 300 Gallo workers in a union decertification election that occurred nearly three years ago.

While the workers obtained an election to rid their workplace of the unwanted union, United Farm Workers of America (UFW) union officials have put a halt to a counting of the votes by filing unfair labor practice charges alleging unlawful employer interference.

Roberto Parra, a Gallo grape picker, appealed a perfunctory ruling by the Court of Appeal for the Third Appellate District not to review a decision by California Agricultural Labor Relations Board (ALRB). The ALRB had held – in conflict with related federal labor statutes – that minimal employer interference in an election could be grounds to throw out an election without ever ascertaining the employees’ wishes.

In 2003, Parra filed a petition for the decertification election, which would have removed the UFW union as the workers’ monopoly representative. Over 30% of the workers in the bargaining unit signed the petition requesting an election to throw out the unwanted union.

“Two wrongs don’t make a right. UFW union officials should not be allowed to thwart employee free choice because of a few technical violations by their employer,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Many Gallo workers want no part of this union, but UFW officials won’t take no for an answer and are abusing the process to maintain their privileged position.”

Foundation attorneys point out that the California Agricultural Labor Relations Act is modeled after the National Labor Relations Act, which proscribes that employer interference with an employee election must be substantial in order to justify that the result be set aside. While Parra does not dispute wrongdoing by Gallo officials leading up to the election, he cites that such behavior should not negate the exercise of the employees’ free will.

“The sins of the father should not be visited upon the children,” said Gleason.

If the decertification election ballots are counted and a majority of the employees voted against the union, UFW union officials would lose their special privilege to act as the monopoly bargaining representative of over 300 Gallo employees. Those workers then would be free to negotiate their own terms and conditions of employment and could be rewarded on their individual merit.

Pottstown, PA (December 21, 2005) – With free legal assistance from National Right to Work Legal Defense Foundation attorneys, two local workers filed federal charges against their employer, the International Chemical Workers Union Council (ICWUC), and its Local 619 chapter, for having them fired in retaliation for returning to work during a union-ordered strike.

David Cameron and Walter Reigner, chemical workers at the Cabot Supermetals factory in Boyertown, were fired in November as part of a union-negotiated strike settlement between Cabot and ICWUC union officials. In the agreement, union officials explicitly demanded that Cameron and Reigner, in addition to two other similarly-situated employees, be discharged for exercising their legal right to resign their formal union memberships and continue working during the strike.

As a result of union officials’ retaliatory demands against the workers who resigned from the union and disagreed with union officials’ dictates, Cabot fired the four employees and handed their jobs over to less skilled and less senior workers. Cameron and Reigner’s Foundation-assisted charges against the ICWUC unions and Cabot Supermetals seek reinstatement and back pay.

“In a shameless unlawful act of retribution, four loyal employees are out on the street,” said Foundation Vice President Stefan Gleason. “Union officials are attempting to drive four families into financial straits in order to send a message to all other employees that they had better toe the union line.”

Cameron, Reigner, and their two colleagues exercised their right under the U.S. Supreme Court decision in Patternmakers v. NLRB to resign from formal union membership and return to work during a strike. The firings violated the National Labor Relations Act and the duty of fair representation which are supposed to protect employees who exercise their right to refrain from collective union activity without retaliation or coercion.

The National Labor Relations Board will now review the unfair labor practice charges brought against Cabot and the ICWUC union, an affiliate of the United Food and Commercial Workers union, and decide whether to issue a formal complaint.

New York, N.Y. (December 20, 2005) – Stefan Gleason, Vice President of the National Right to Work Foundation, a non-profit charitable organization that provides free legal aid to employees suffering from compulsory unionism abuses, made the following statement in response to today’s illegal mass transit strike that shut down the New York City subway system:

“Transportation Workers Union (TWU) officials are not only holding New York City and its economy hostage to their self-serving demands, but they are potentially jeopardizing the jobs of New York City’s 30,000 mass transit workers.

“These union officials have a public-be-damned attitude and are holding a gun to the head of New York City’s business owners and workers. The costs of this illegal strike to New York’s working families will be enormous.

“Moreover, Mayor Michael Bloomberg and Metropolitan Transportation Authority (MTA) officials may ultimately have no choice but to fire the illegal strikers in order to uphold the rule of law and to preserve New York’s security and economic vitality. President Ronald Reagan took similar action to protect the travelling public when he ordered the firing in 1981 of illegally striking air traffic controllers who refused to return to their jobs.

“This illegal strike is a direct result of the coercive privileges union officials have gained under New York law that empowers them to force workers into union affiliation – like it or not. As long as union officials in New York enjoy compulsory unionism privileges, individual workers, the economy, and the public in general will continue to pay the price.”

To schedule an interview with a Right to Work spokesperson, contact Justin Hakes at 703-770-3317.

WASHINGTON, D.C. (December 8, 2005) – Stefan Gleason, Vice President of the National Right to Work Foundation, a non-profit charitable organization that provides free legal aid to employees suffering from compulsory unionism abuses, made the following statement in response to today’s so-called “International Human Rights Day” rally, organized by AFL-CIO officials:

“When union officials use code phrases like ‘make it easier for workers to organize unions,’ they are talking about their campaign to make it easier for organizers to force workers into union ranks regardless of their wishes.”

“Orchestrated to invoke the sympathy of the American people, this one-sided media-blitz ignores the widespread abuse of employees who choose to refrain from union affiliation. Big Labor is trying to build public support for the enactment of a new wave of coercive union ‘organizing’ privileges.

“Since employees are increasingly voting unions down, union officials want to change the law to clear the few remaining roadblocks in the way of their ‘card check’ organizing scheme. Union officials want to wipe out the secret ballot election process, get gag orders to prevent employers from telling employees about possible downsides of unionization, and require employers to hand over workers’ home addresses and phone numbers without the employee’s knowledge or consent. Employees often receive menacing home visits from union operatives.

“Responding to a wave of employee backlash, the National Right to Work Legal Defense Foundation has brought numerous legal cases to the attention of the federal labor board documenting illegal activities by union organizers under these so-called ‘card check’ organizing drives – including threats, bribes, and stalking rank-and-file workers. Other workers have repeatedly reported being lied to about the purpose of the ‘authorization’ cards, with some being told that they are merely health insurance enrollment forms, requests for an election, or even tax forms.

“Workers across the country facing such abuses are standing up to what Big Labor considers to be the only ‘choice’ that workers ought to have when it comes to union membership: Either pay dues to a union – or forfeit their jobs.”

St. Louis, Missouri (December 7, 2005) – The National Labor Relations Board (NLRB) has agreed to prosecute the Miscellaneous Drivers, Helpers, Health Care & Public Employees Union Local 610 for illegally threatening the jobs of two Amerigas Eagle Propane (Amerigas) employees at the company’s Hazelwood facility. Local 610 union officials unlawfully threatened to have the two workers fired after failing to inform them of their rights and demanding that they pay full union dues.

The complaint stems from unfair labor practice charges filed by Vernon Mathis and Dewitt Mitchell at the NLRB with help from National Right to Work Foundation attorneys in June. In those charges, Mathis and Mitchell asserted that union officials failed to inform Amerigas employees of their right to refrain from formal union membership and not to be forced to pay dues beyond the union’s proven collective bargaining costs.

Furthermore, union officials threatened to have the workers fired if they did not pay full union dues, including dues for their first month of employment by Amerigas. However, Mathis and Dewitt had not formally joined the union and could not be legally compelled to pay any union dues until after their initial month of employment. In addition, union officials threatened that once the workers were fired, they would not be eligible for re-hiring even if they later paid all dues that were demanded of them.

“Union officials have tried to make an example of these two workers so that all employees will think twice before defying union edicts,” said Stefan Gleason, Vice President of the Foundation. “These illegal threats against employees are typical where there is no Right to Work law on the books.”

Because Missouri does not have a Right to Work law, union officials can order the firing of workers who refuse to pay certain union dues.

However, under the Foundation-won Supreme Court decision in Communications Workers v. Beck and subsequent NLRB rulings, union officials cannot require formal union membership or the payment of union dues unrelated to collective bargaining as a condition of employment. Employees are also entitled to notice of their right to refrain from union membership, an independent audit of union expenditures and notice of their right to object to paying for non-bargaining activities, such as union political activities.

The NLRB has scheduled a January 17, 2006 hearing at which the Local 610 union will be prosecuted for violating Mathis’ and Mitchell’s rights.

Rochester, NY (December 6, 2005) – Five Monroe County probation officers filed a class-action lawsuit in federal court today with help from National Right to Work Legal Defense Foundation attorneys against two government unions for violating their First Amendment rights.

The probation officers accuse officials of the Civil Service Employees Association (CSEA) union and the American Federation of State, County, and Municipal Employees (AFSCME) union of deliberately violating their First Amendment and due process rights by seizing forced union dues from their paychecks while refusing them a legally mandated audit of union expenditures.

The five officers, led by David Scheffer, filed the suit in the U.S. District Court for the Western District of New York seeking an injunction preventing the further collection of forced union dues, as well as full refunds and punitive damages. The officers’ suit seeks similar relief for all nonmember public employees represented by CSEA union affiliates throughout the state of New York, a number believed to be in the thousands.

Additionally, the officers charge the unions with spending their forced dues on union organizing drives, despite their objections.

“Employees should not have to go to federal court to stop use of their forced union dues for non-bargaining activities,” stated Foundation Vice President Stefan Gleason. “However, as long as public employees in New York labor under forced unionism, these abuses by union officials will inevitably continue.”

Since at least November 2002, CSEA and AFSCME union officials have illegally seized forced dues from nonmember public employees without providing a legally mandated independent audit of how the fee is calculated. Foundation attorneys point out that union officials are spending a significant portion of the forced dues seized from nonmember employees on expenses not related to collective bargaining.

The actions of CSEA and AFSCME union officials violate the Foundation-won U.S. Supreme Court decision in Chicago Teachers Union v. Hudson, which requires union officials to provide public employees that refrain from formal union membership with an audit of union expenditures. Such audits are intended to prevent the use of public employees’ forced union dues for activities unrelated to collective bargaining, such as politics and union organizing.

Milwaukee, Wis. (December 6, 2005) — Agreeing with arguments made in an amicus curiae (“friend of the court”) brief filed by National Right to Work Legal Defense Foundation attorneys, the U.S. Court of Appeals for the Seventh Circuit yesterday struck down a Milwaukee County ordinance that required certain private employers contracting with the county to assist union officials in pressuring their employees into union ranks.

Foundation attorneys filed their amicus curiae brief in April in support of MMAC’s appeal of a lower court ruling in Metropolitan Milwaukee Association of Commerce (MMAC) v. Milwaukee County.

In its opinion, the court found that the ordinance, County “Chapter 31,” is pre-empted by federal labor law intended to protect third-party employers from pressure to unionize by other entities in concert with union officials. Foundation attorneys had pointed out that the National Labor Relations Act (NLRA) clearly outlaws such requirements in contracts by private businesses, and that government entities should be held to the same standard.

Under the unconstitutional ordinance, non-union private employers wishing to receive contracts from the County to provide services for the elderly or disabled were forced to sign a so-called “labor peace” or “neutrality agreement” requiring the employers to assist union organizers by granting them sweeping access to their facilities, providing them with employees’ private personal information, and not telling workers the full story with regard to unionization.

The court found that the arguments made by Milwaukee County attorneys – that forcing employers to hand over employees to union organizers would somehow reduce work-stoppages – were unpersuasive. The Court instead saw the law as an unconstitutional attempt to preempt the NLRA. The court even pointed out that “Chapter 31” could actually increase the number of strikes. This finding of federal preemption comes as no surprise given that one of the law’s sponsors branded the law a “…fight to change the NLRA.”

“Since workers are increasingly voting down unionization, union officials are attempting to use the heavy hand of government to corral workers into union ranks,” said Foundation Vice President Stefan Gleason. “We are pleased that the U.S. Court of Appeals has put a stop to Milwaukee County’s actions, which are part of a growing national trend.”

The Milwaukee County’s Board of Supervisors passed “Chapter 31” in September 2000 over the objections of its own Corporate Counsel, who viewed the law as an impermissible regulation of private labor relations and contrary to the NLRA. If the Board had listened to its counsel rather than union lobbyists, taxpayer dollars would not have been wasted defending an ordinance that clearly violates federal labor law.

Richland, WA (November 17, 2005) – With free legal assistance from National Right to Work Legal Defense Foundation attorneys, a local home health agency nurse filed federal charges against the United Staff Nurses Union (USNU) after union officials illegally threatened to have her fired. The nurse had been asserting her right to remain free from formal union membership and her right to not pay for union political activities.

Christy Landrum, a nurse employed by Tri-Cities Home Health, filed federal unfair labor practice charges with the National Labor Relations Board (NLRB). A letter dated October 20, 2005 from USNU officials unlawfully threatened Landrum that the only way for her to avoid being fired was to complete and return a union membership form.

Foundation attorneys allege that USNU officials deliberately misinformed Landrum of her right to refrain from formal union membership and thereby pay less than full union dues. They also failed to inform her of her right to object to paying for union political and other non-bargaining activities, failed to provide sufficient financial information (as required by U.S. Supreme Court rulings) regarding the union’s expenditures, and failed to apprise her of any internal union procedures for filing objections to the union’s calculations.

“Union officials shamelessly threatened this nurse’s job to stifle dissent,” said Stefan Gleason, vice president of the National Right to Work Foundation. “These heavy-handed tactics demonstrate how far union officials will go to keep a steady stream of forced union dues flowing into union coffers.”

USNU officials’ threats violate worker rights precedents recognized under the Foundation-won U.S. Supreme Court Communications Workers v. Beck decision. Under Beck and subsequent NLRB rulings, union officials must specifically inform employees of their right to refrain from formal union membership and pay only those proven costs directly related to collective bargaining.

“No one should be forced to pay dues to an unwanted union just to get or keep their job,” stated Gleason. “This is especially true when union officials abuse that government-granted special privilege.”

New York, NY (November 16, 2005) – With free legal assistance from National Right to Work Legal Defense Foundation attorneys, a Saks Fifth Avenue (Saks) employee filed federal charges today against the Retail Wholesale Department Store Union Local 1102 for illegally threatening to get 150 employees fired if they assert their right to refrain from formal union membership and refuse the automatic deduction of full union dues from their paychecks.

Robert Jones, a cosmetics retail sales associate in Saks’ flagship store in Manhattan, filed federal unfair labor practice charges with the National Labor Relations Board (NLRB) after union officials illegally threatened to order the termination of roughly 150 Saks cosmetic department employees if they refuse to become formal members of the union, pay full union dues, and sign a dual-purpose membership and dues deduction “authorization” card.

Foundation attorneys cite that union officials never informed Jones, or any other similarly situated employee, of his right to refrain from formal union membership and not be forced to pay for union politics and other non-bargaining activities.

“In an effort to stuff their coffers, union officials are forcing unwanted union affiliation down the throats of intimidated employees,” said Stefan Gleason, vice president of the National Right to Work Foundation. “These ‘pay up or be fired’ threats demonstrate how union officials take advantage of the special privileges they have obtained under federal and state law.”

The threats of union officials violate workers’ rights recognized under the Foundation-won U.S. Supreme Court Communications Workers v. Beck decision. Under Beck and subsequent NLRB rulings, union officials must specifically inform employees of their right to refrain from formal union membership and pay only those proven costs directly related to collective bargaining.

Jones’ charges are the latest in a three-year legal battle between Saks employees and union officials. While union operatives won monopoly bargaining power over the department in 2002, Jones collected signatures from more than half of cosmetic department employees who would prefer to negotiate directly with their employer. Jones’ effort to decertify the union was halted under the NLRB’s “contract bar” doctrine, but he now has a deauthorization petition pending to remove the compulsory dues clause from the contract.

“No one should be forced to pay dues to an unwanted union just to get or keep their job,” stated Gleason. “This is especially true when union officials go out of their way to threaten workers who exercise their rights.”

Cincinnati, Ohio (November 11, 2005) – Acknowledging irreparable harm to the constitutional rights of roughly 100 nonunion Cincinnati firefighters, a federal judge issued a temporary restraining order against the City of Cincinnati and the local firefighter union late Wednesday, halting the use and further collection of their forced union dues for politics.

The ruling stems from a complaint filed by five local members of the International Association of Black Professional Firefighters who have had separate, but ongoing, disputes with the union hierarchy, including charges of discrimination that allege racist treatment of minority firefighters by union officials.

Receiving free legal aid from the National Right to Work Legal Defense Foundation, the firefighters charged that IAFF Local 48 union officials acted in concert with the City of Cincinnati and seized compulsory union dues from them without first providing an adequate independent audit of the union’s expenditures, among other things. The complaint, filed in summer 2004, also named Cincinnati Mayor Charlie Luken, among other top City officials, for signing and enforcing an agreement with the union that resulted in the unconstitutional acts.

The firefighters filed the complaint in the U.S. District Court for the Southern District of Ohio’s Western Division. They allege that IAFF Local 48 union officials intentionally seized the forced union dues without first providing the financial disclosure and procedures required by a long-standing U.S. Supreme Court ruling. Under that ruling, the First and Fourteenth Amendments to the U.S. Constitution protect objecting employees from demands to pay for union political activity and other non-bargaining activities.

After City and union officials renewed their contract authorizing the unlawful forced union dues seizures again without providing adequate notice and procedures, Foundation attorneys filed a renewed request for a temporary restraining order, prompting the Court to act.

“IAFF officials have repeatedly trampled the basic constitutional rights of those firefighters whose interests they claim to represent,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “So long as Ohio’s workers labor under a system of forced unionism, such abuses will inevitably continue.”

Under the Foundation-won U.S. Supreme Court decision Chicago Teachers Union v. Hudson, before collecting any forced dues, union officials must first provide an audited disclosure of the union’s expenses. Such audits are intended to ensure that forced union dues seized from nonunion public employees do not fund union activities unrelated to collective bargaining.