20 Oct 2005

Teachers Secure $250,000 in Funding for Statewide Mailing and Demand that CTA Union Notify Members of Rights

Posted in News Releases

Sacramento, California (October 20, 2005) – In an open letter to California Teacher Association (CTA) union chief Barbara Kerr, a group of teachers today demanded that union officials notify all CTA members how they can refrain from paying for its $60 million political campaign. The teachers have lined up $250,000 in funding from the National Right to Work Legal Defense Foundation, a charitable legal-aid organization, to pay for a mailing to 335,000 CTA union members, if union officials cooperate.

In response to teachers’ statewide class action lawsuit, CTA officials sent a notice on October 15 to nonmembers informing teachers that they have a right to stop and immediately reclaim the $60 per teacher dues increase earmarked for union political electioneering. However, the union has flatly refused to inform union members of the same limited rights, and it takes the position that members are not entitled to such information.

“Since when do members of an organization have even fewer rights than nonmembers’ Do you believe union members are not deserving of basic disclosure of their union’s activities or their legal rights’ Do you consider teachers to be open checkbooks to stuff your political coffers’ Union members’ voices have been silenced, and their rights have been ignored,” the teachers wrote.

Carlos Moreno, the CTA union’s accountant, recently filed a sworn declaration in the class-action lawsuit stating that union officials have already spent all revenues anticipated from the three-year compulsory dues increase. He further said that CTA officials are currently negotiating with a bank for an additional $40 million credit line.

“We expect that in light of the CTA union’s extraordinary spending spree, you will cry poverty (despite the additional $40 million you are currently borrowing) to avoid your legal and moral responsibility. That’s why the Foundation, at our request, has offered to pay for the proposed mailing’s entire cost, estimated at $250,000,” the teachers explained.

Like the notice sent to nonmembers in response to the lawsuit, the mailing to members would disclose that the entire $60 annual dues increase is being spent for politics. It would also alert teachers to their constitutional right to resign from union membership and to object and reclaim all dues spent for political and other non-bargaining activities.

“We recognize that many teachers will not want to subject themselves to your discriminatory policies of denying nonmembers the right to vote on union contracts, as well as access to liability insurance. However, our member colleagues should at least be allowed to make this choice,” the teachers wrote.

“Ultimately, the court may order you to observe members’ due process rights. However, with the election less than three weeks away, time is of the essence…Will you cooperate?” the teachers asked.

A complete copy of the teachers’ open letter – which asks for a response by 10 a.m. on Tuesday, October 25 – can be viewed at www.nrtw.org/california.

17 Oct 2005

National Legal Foundation and State Senator McClintock Launch Statewide Radio Ad to Expose Misuse of Compulsory Union Dues

Posted in News Releases

Sacramento, California (October 17, 2005) – The National Right to Work Foundation today launched a statewide radio advertising campaign with an ad recorded by State Senator Tom McClintock and 5th grade teacher Judy Liegmann, lead plaintiff in the pending class action lawsuit against the state’s largest teacher union.

The ad educates the public about the scandalous misuse of compulsory dues for politics and directs employees to www.californiafreedomproject.org, where they may obtain free legal assistance in asserting their constitutional rights.

“It takes enormous courage for classroom teachers to stand up to the union bosses. They’re fighting for the right of every one of us to make our own decisions – free from union coercion… And I, for one, am proud to stand with them,” says McClintock in the one minute ad spot.

The ad campaign comes on the heels of a recent U.S. District Court ruling not to issue a temporary restraining order to freeze immediately forced union dues seizures from teachers statewide, spent for politics, until due process is given. A class-action lawsuit filed by teachers and faculty with help from Foundation attorneys continues to seek a ruling that union officials must notify union member educators of their right to resign from formal union membership and refuse to pay the mandatory dues increase.

A sworn declaration filed by the California Teacher Association (CTA) union’s accountant in recent days reveals that the union has already spent the $60 million raised by the three-year dues increase levied against teachers and is attempting to secure an additional $40 million loan to battle Governor Schwarzenegger’s ballot initiatives. Union officials’ spending of teachers’ forced union dues could approach $100 million before the special election next month.

Aside from making a statewide advertising buy, the National Right to Work Foundation has also distributed radio public service announcements across California and established a special web-site that provides teachers with information on how to object and reclaim their dues.

Since the educators filed their suit, CTA union officials have already backpedaled and indicated they will now, in fact, allow non-union members to get their $60 back this fall. But, at the same time, union officials stand firm in refusing even to inform their 300,000+ members of their right to resign and object. These rights are nevertheless limited – as resignation from formal union membership results in the union brass barring teachers from voting on union contracts and denying access to liability insurance.

An “mp3”-format copy of the radio ad featuring Senator McClintock is available for download at https://www.nrtw.org/california/video/teacherv3.mp3.

7 Oct 2005

Federal Government to Prosecute Teamsters Union for Illegally Fining Workers After Grocery Strike

Posted in News Releases

Los Angeles, California (October 7, 2005) – The National Labor Relations Board (NLRB) has agreed to prosecute Teamsters Union Local 952 for violating the rights of, and illegally imposing fines as high as $13,000 on, over 70 grocery workers who refused to abandon their jobs during a Teamsters union “sympathy strike.” The contentious union strike ordered by United Food and Commercial Workers (UFCW) and Teamsters union officials shut down grocery stores across California in 2003.

In early 2004, three workers assisted by National Right to Work Foundation attorneys filed NLRB unfair labor practice charges against the union. Those charges were the basis for over 70 similar complaints from employees of Albertson’s and Ralphs Grocery locations in Irvine, Brea and La Habra, California. The NLRB combined all the complaints into one case and scheduled a January 2006 hearing on the charges.

The 132-page consolidated complaint describes how Teamsters union officials failed to properly inform the employees of their rights to refrain from formal union membership, making each employee’s union membership involuntarily and coerced. This failure to inform workers of their rights means that the over $120,000 in retaliatory fines union officials levied against the workers were unlawful.

Teamsters union officials initiated internal union “discipline” and fined over 70 workers anywhere from $200 to $13,000 dollars because the workers continued to do their jobs after Teamsters union officials ordered a sympathy strike on behalf of the UFCW union. The amounts of other fines were not disclosed.

The original charges filed by the employees also alleged that the “sympathy strike” Teamsters officials ordered was unlawful because it was in violation of the union’s own “no-strike” contract. Ultimately, the NLRB complaint only deals with the fact that by misinforming workers that formal union membership was a condition of employment, the punitive fines imposed by the union hierarchy were illegitimate because the workers were not voluntarily union members.

“Teamsters union officials engaged in an ugly and unlawful campaign of retaliation that trampled the rights of rank-and-file workers who refused to walk off the job and continued working to support their families,” said Stefan Gleason, Vice President of the Foundation.

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 activity.

6 Oct 2005

Senator Tom McClintock to Partner with Right to Work Foundation in Statewide Public Information Campaign to Inform Teachers of T

Posted in News Releases

Sacramento, California (October 6, 2005) – The National Right to Work Foundation today announced that State Senator Tom McClintock will help conduct a statewide public information blitz to immediately inform teachers and other public employees of their basic right to political autonomy which is under attack by union officials. As part of the campaign, McClintock is rushing to a recording studio to cut a radio ad today.

The announcement comes on the heels of yesterday’s U.S. District Court ruling not to issue a temporary restraining order to immediately freeze forced union dues seizures from teachers statewide spent for politics until due process was given. The class-action lawsuit filed by teachers and faculty continues to seek a ruling that union officials must notify educators of their right to resign from formal union membership and refuse to pay the mandatory dues increase. The $60 per capita increase is earmarked for the unions’ $60 million campaign to influence the special election.

Since the educators filed their suit, California Teacher Association (CTA) union officials have already backpedaled and indicated they will now, in fact, allow non-union members to get their $60 back this fall. But, at the same time, union officials stand firm in refusing even to inform their 300,000+ members of their right to resign and object. Members have never been notified of such rights.

“Since the court will not take swift action to order union officials to inform union members of their rights, this informational campaign will help pick up the slack,” said Stefan Gleason, Vice President of the Foundation. “Union officials have been fighting tooth and nail to keep teachers in the dark. They naturally fear a revolt from teachers opposing the union hierarchy’s extraordinary $60 million campaign this fall.”

The radio ad being recorded by Senator McClintock and the lead plaintiff Judy Liegmann, a 5th grade teacher, informs the public of the extraordinary dues increase for politics and of teachers’ right to reclaim such dues. Aside from making a statewide advertising buy, the National Right to Work Foundation is now distributing radio public service announcements across California, establishing a special web-site which provides teachers with information on how to object and reclaim their dues, and scheduling regional informational forums throughout the state.

A sworn declaration filed by the CTA’s accountant in recent days reveals that the union has already spent the $60 million raised by the union’s three-year dues increase and is attempting to secure an additional $40 million loan. Union officials’ spending of teachers’ forced union dues could approach $100 million before the special election next month.

“California’s classroom teachers should not be forced to serve as ATM machines for union officials,” said Gleason.

5 Oct 2005

Court Will Not Immediately Block Use of Forced Union Dues on Anti-Schwarzenegger Electioneering While Lawsuit Proceeds

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San Jose, California (October 5, 2005)Stefan Gleason, Vice President of the National Right to Work Foundation, made the following statement in response to this afternoon’s U.S. District Court ruling not to grant a temporary restraining order to immediately freeze forced union dues seizures spent for politics while the class action lawsuit is pending. In declining to issue a temporary restraining order, however, U.S. District Court Judge James Ware invited briefing as to whether the Court should issue a preliminary injunction.

The lawsuit filed by teachers and faculty seeks to block union officials’ use of a mandatory dues increase to pay for the unions’ $50 million campaign to influence the November special election.

“Since the educators filed their suit, California Teacher Association (CTA) union officials have already backpedaled and indicated they will now, in fact, allow non-union members to get their $60 dues ‘assessment’ back this fall. But, at the same time, they stand firm in refusing even to inform the 300,000+ members of their right to resign and object.

“While the Court has failed to take swift action to stop the ongoing violation of CTA members’ constitutional rights while this class-action suit is pending, we believe that the educators will ultimately win their legal case because Supreme Court precedents are on their side.

“The Supreme Court has ruled that all potential objectors are entitled to financial disclosure and notice that they can resign from union membership and prevent the use of their forced dues for politics.
The CTA has never notified California teachers of these rights. This case shows the injustice of forced unionism in California. Even though we are confident the teachers will ultimately prevail in their case, the results of the November special election influenced by use of their forced dues payments cannot be undone.

“California’s teachers should not be forced to serve as ATM machines for union officials, yet last week, the forced dues increase began coming out of their paychecks automatically to pay for partisan union electioneering. CTA officials have also announced their intention to raise $40 million more to influence the November election, and California teachers may foot an even higher bill.

“Since the court has chosen not to require that union officials immediately fess up to educators about their legal rights, the National Right to Work Foundation will be committing significant resources in the coming weeks to inform educators of their right to object to funding partisan politics with their forced union dues.”

28 Sep 2005

Educators Ask Court for Restraining Order Against Forced Union Dues Spent For Anti-Schwarzenegger Campaign

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Press Conference Rebroadcast time: 1:00 p.m. and 1:30 p.m., Satellite: IA 6 (formerly Telstar 6),
Transponder: C-13 (C-band space), Audio: 6.2 and 6.8, Downlink Frequency: 3960 Vertical

San Jose, California (September 28, 2005) – A group of California teachers and university professors today asked the U.S. District Court to issue a temporary restraining order and to schedule a hearing for a preliminary injunction to prevent two large statewide teacher unions from spending a mandatory dues increase without due process in order to influence the upcoming special election.

At a dramatic press conference in Sacramento last Thursday, the teachers and professors announced their First Amendment class action lawsuit challenging forced dues increases levied against more than 350,000 teachers and professors statewide. More than 100 screaming union militants filed out of union political headquarters buildings and encircled the press conference to drown out and intimidate the classroom teachers who were speaking to the media about their allegations against the union hierarchy.

The suit, filed with the free legal assistance of the National Right to Work Legal Defense Foundation, challenges the use of a $60-per-teacher mandatory dues increase imposed by California Teacher Association (CTA) officials and a 10 percent mandatory dues increase imposed by California Faculty Association (CFA) officials that are earmarked for efforts to defeat Governor Arnold Schwarzenegger’s propositions on the ballot on November 8th.

Foundation attorneys argue that an injunction is necessary because only swift action can prevent the irreparable infringement of the teachers’ constitutional rights. The results of an election cannot be undone.

Since September 1, CTA officials have written checks to several campaign committees totaling $23 million from a loan that is secured by guarantees of higher compulsory dues paid by educators as a job condition. Earlier in the summer, CTA officials announced another $22 million in expenditures. The CTA’s first deduction of the forced dues increase is scheduled to occur on September 30 at which time most teachers will first learn of the dues increase.

Like many public servants, the six named plaintiffs object to paying for union political activities with which they disagree. They seek an order certifying their suit as a class action for all CTA members and nonmembers and all CFA nonmembers. The educators seek to block the further use of the special dues increase until every teacher and professor is given full disclosure of the union’s expenditures and notice of their right to object and obtain a refund. The case has been assigned to U.S. District Judge James Ware.

“Union officials seem to think rank-and-file educators are there to serve as the union’s ATM machine to finance its political agenda,” said Stefan Gleason, Vice President of the Foundation.

The suit relies on the rulings by the U.S. Supreme Court, including the Foundation-won Chicago Teachers Union v. Hudson (1986). In Hudson, the high court ruled that all “potential objectors” to forced union dues assessments have due process rights under the First and Fourteenth Amendments to be notified of how their forced union dues are spent and to be given an opportunity to prevent the spending of their dues for non-collective bargaining purposes.

27 Sep 2005

MEDIA ADVISORY:
California Educators to Seek Restraining Order Against Forced Union Dues Spent For Anti-Schwarzenegger Camp

Posted in News Releases

9/28 Press Conference Rebroadcast time: 1:00 p.m. and 1:30 p.m., Satellite: IA 6 (formerly Telstar 6)
Transponder: C-13 (C-band space), Audio: 6.2 and 6.8, Downlink Frequency: 3960 Vertical

San Jose, California – Wednesday morning, September 28, a group of California educators will brief the media as their attorneys move for a temporary restraining order and a hearing on a preliminary injunction in U.S. District Court. The educators are seeking to prevent California Teacher Association (CTA) and California Faculty Association (CFA) union officials from spending a per-capita increase of forced union dues without due process in order to influence the upcoming special election.

What: Press conference to announce attempt to obtain statewide temporary restraining order and a preliminary injunction against expenditure of forced dues for electioneering
When: 10:30 a.m., Pacific
Wednesday, September 28
Where: U.S. District Court for the Northern District of California
280 South First Street
San Jose, CA
Who: California public school teachers and university professors
National Right to Work Legal Defense Foundation spokesmen
Why: Unless the further expenditure of forced union dues is blocked, irreparable harm will be done to educators’ constitutional rights, since an election cannot be undone. CTA and CFA union officials have already written checks to several campaign committees totaling more than $45 million and announced they will spend even more.

For more information, contact Justin Hakes at 916-844-4264 or Stefan Gleason at 916-844-4265.

22 Sep 2005

Golden State Educators File Civil Rights Lawsuit Against Unions to Block Funds for Anti-Schwarzenegger Electioneering

Posted in News Releases

Press Conference Rebroadcast time: 1:00 p.m. and 1:30 p.m.
KU Satellite SBS6, Analog Transponder 9, Audio 6.2/6.8, 11921Mhz, Horizontally

Sacramento, California (September 22, 2005) – A group of California teachers and professors today filed a statewide class-action lawsuit in federal court against the state’s largest teacher and faculty unions seeking to bar union officials from forcing more than 350,000 California educators to pay significant dues increases earmarked for political electioneering during this year’s special election.

Filed by National Right to Work Legal Defense Foundation attorneys in U.S. District Court for the Northern District of California in San Jose, the civil rights suit seeks to enjoin the use or further collection of a $60-per-teacher mandatory dues increase imposed by California Teacher Association (CTA) union officials and a 10 percent mandatory dues increase imposed by California Faculty Association (CFA) officials that are earmarked for efforts to defeat Governor Arnold Schwarzenegger’s ballot propositions.

Since September 1, CTA union officials have written checks to several campaign committees totaling $23 million from a loan that is secured by guarantees of higher compulsory dues paid by educators as a job condition. Earlier in the summer, CTA officials announced another $22 million in expenditures.

Like many public servants, the six named plaintiffs object to paying for union political activities with which they disagree, so they asked the Foundation for free legal assistance. They seek an order certifying their suit as a class action for all CTA members and nonmembers, and all CFA nonmembers. The educators also ask for an injunction to block the use or further collection of the special dues increase and an order that every teacher and professor be given notice and allowed to obtain a refund, plus interest.

“Union officials are shamelessly fleecing rank-and-file educators to finance a political agenda that many educators oppose,” stated National Right to Work Foundation Vice President Stefan Gleason. “No one in America should be forced to join or pay dues to a union they do not support. This case demonstrates how egregiously union officials abuse the special privileges they have obtained under California law.”

In the Foundation-won U.S. Supreme Court ruling in Chicago Teachers Union v. Hudson (1986), the high court ruled that public employees have due process rights under the First and Fourteenth Amendments to be notified, as potential objectors, of how their forced union dues are spent, and how to prevent the spending of their dues for non-collective bargaining purposes. However, the CTA and CFA unions have failed to give educators any opportunity to object and have rebuffed those who have objected.

To prevent the further violation of their constitutional rights, the teachers ask that the forced dues be placed into escrow, because, as Foundation attorneys note in their complaint, “Once the employees’ money is spent, contrary to their wishes, to affect the outcome of ballot propositions… the employees’ First Amendment rights are irretrievably lost.”

For more information, contact Justin Hakes at (916) 844-4264 or Stefan Gleason at (916) 844-4265.

21 Sep 2005

BellSouth and CWA Union Again Hit with Federal Charges for Forcing Non-union Workers to Wear Union Propaganda

Posted in News Releases

Atlanta, Ga. (September 21, 2005) – National Right to Work Foundation attorneys have filed charges on behalf of a telephone worker against his employer, BellSouth Telecommunications, and its union for forcing him to wear a union logo as a job condition. In doing so, company and union officials are directly defying a 2005 U.S. Court of Appeals decision which ruled that their policy is unlawful.

In January, the U.S. Court of Appeals for the Fourth Circuit unanimously overturned a controversial Clinton-era National Labor Relations Board (NLRB) ruling that approved the practice of forcing both union and non-union BellSouth employees to wear union insignia on their work uniforms or be fired from their jobs. After issuing its decision, the Court of Appeals took the rare step of ordering the NLRB to pay attorneys fees because their erroneous decision had not been substantially justified.

In defiance of the appellate court’s ruling, Communications Workers of America (CWA) union officials continue to insist, despite the objections of BellSouth employee Gary Mullis, that he wear their logo as a condition of employment. Mullis, who is not a member of the CWA union, was informed in May by BellSouth that he would not be allowed to refrain from wearing the union insignia. Mullis objects to wearing the logo because the union pursues political objectives that do not represent his views. His charges seek the prosecution of the company and union for unfair labor practices.

“Workers should not be forced to be walking billboards for union officials who seek to trample their own freedoms,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “The repeated abusive actions of the CWA hierarchy and BellSouth management raise serious questions about their integrity and respect for the law.”

The appellate court’s 3-0 decision overturning the unlawful policy concurred with Foundation attorneys’ arguments that provisions of the National Labor Relations Act embodied a “right to refrain from wearing union insignia.” The court rejected union and company lawyers’ claims that the display of the union patch alongside the company logo on the uniform was so integral to the “public image” of BellSouth that the mandate superceded the individual rights of workers.

The court noted that there was no evidence that the union patch projected a positive image to customers, and that it could, in fact, signal a negative image to customers who could conclude that strikes and service interruptions were more likely to occur. However, regardless of what image was projected to customers, the court explained that proper analysis should have been what the requirement signaled to employees – that the company and union expect employees to be union members. The court ruled that this restrained and coerced employees in the exercise of their right to refrain from union membership.

21 Sep 2005

MEDIA ADVISORY:
Golden State Educators To Announce Class-Action Civil Rights Lawsuit Against Unions for Forcing Them to Fun

Posted in News Releases

Sacramento, California – Thursday morning, September 22, a group of California educators will hold a press conference to announce the filing of a statewide class-action lawsuit in federal court seeking to bar union officials from forcing more than 350,000 California educators to pay significant dues increases earmarked for political electioneering during this year’s special election.

What: Press Conference to announce federal class-action lawsuit
When: 11:00 a.m., Pacific
Thursday, September 22
Where: In front of CTA union’s Sacramento headquarters
1118 10th Street
Sacramento, CA
Who: Public school teachers
National Right to Work Foundation spokesmen
State Senator Tom McClintock
Why: California Teacher Association (CTA) and California Faculty Association (CFA) union officials have already written checks to several campaign committees totaling $45 million and announced they will spend even more. The funds were unlawfully raised through mandatory union dues increases levied against educators in violation of their constitutional rights.

For more information, contact Justin Hakes at 916-844-4264 or Stefan Gleason at 916-844-4265.