Sacramento, California (November 3, 2005) – Acknowledging irreparable harm to government employees’ constitutional rights, a federal judge issued a temporary restraining order from the bench late Wednesday against the State of California and the California State Employees Association (CSEA) union, halting the use and further collection of a mandatory dues increase for politics from eight nonmember state employees.

At the same time, Morrison C. England Jr., U.S. District Court Judge for the Eastern District of California, scheduled a hearing tomorrow morning to consider an immediate statewide injunction that would bar union officials from seizing forced dues for politics from roughly 37,000 similarly situated CSEA nonmembers who are not already named plaintiffs in the case.

The civil rights complaint, filed by nine state government employees (union members and nonmembers) on Tuesday with free legal assistance from the National Right to Work Foundation, seeks a ruling that would require union officials to give over 100,000 union members and non-members due process, including proper financial disclosure, a formal notice that they may reclaim the forced dues spent for electioneering, and rebates, plus interest, to all who request it.

Since September 30, CSEA (Local 1000, Service Employees International Union) officials have been collecting a 25-36 percent (or more) mandatory dues increase earmarked to influence this year’s special election. The “Emergency Temporary Assessment to Build a Political Fight-Back Fund” was imposed on government employees for a broad range of political and other non-collective bargaining activities. Union officials openly admit the “Fund will not be used for regular costs of the union,” but for political advertising, direct mail, and get-out-the-vote activities. According to the California Secretary of State, the CSEA union and affiliates have forwarded more than $22 million to various ballot proposition committees.

A related suit, filed by Foundation-assisted teachers in September, forced California Teacher Association (CTA) union officials to allow forced dues paying nonmembers to reclaim a $60 dues increase. Similar claims on behalf of actual members of the teacher union are still pending before the court. CTA union officials, like the CSEA union, implemented their dues increase to fund electioneering to defeat several of Governor Schwarzenegger’s propositions on the November 8 ballot.

“This ruling shows that these forced dues seizures are occurring in violation of the law – and it raises questions as to the legality and legitimacy of Big Labor’s entire political campaign,” stated National Right to Work Foundation Vice President Stefan Gleason. “Union officials are fleecing public employees to finance a political agenda with which many disagree, while fighting tooth-and-nail to keep these employees in the dark about their rights.”

In the Foundation-won U.S. Supreme Court ruling in Chicago Teachers Union v. Hudson, the high court ruled that public employees have due process rights under the First and Fourteenth Amendments to be notified of how their forced union dues are spent, and how to prevent the spending of their dues for union political activities. However, CSEA union officials have not given public employees any opportunity to object to the dues increase.

A hearing on the statewide injunction will occur tomorrow morning at 10 a.m. in the U.S. District Court for the Eastern District of California in Sacramento, in Courtroom Three.

Sacramento, California – Friday morning, November 4, the U.S. District Court will consider converting a temporary restraining order into a preliminary injunction that would halt the use and further collection of a mandatory dues increase levied by California State Employees Association (CSEA) union officials against 37,000 union nonmembers.

For more information, contact Stefan Gleason (916) 844-4265.

Sacramento, California (November 1, 2005) – A group of California government employees filed a statewide class-action lawsuit in federal court today against the California State Employees Association (CSEA) union seeking a ruling that would require union officials to give over 100,000 employees financial disclosure and an opportunity to reclaim a significant forced dues increase which is earmarked to influence this year’s special election.

Filed with free legal assistance from the National Right to Work Legal Defense Foundation in the U.S. District Court for the Eastern District of California, the civil rights suit seeks a preliminary injunction to halt the use and further collection of a 25-36 percent (or more) mandatory dues increase imposed by CSEA (Local 1000, Service Employees International Union) union officials on members and nonmembers of the union, and an order that every member and nonmember be issued a notice and allowed to obtain a refund, plus interest.

A similar suit, filed by Foundation-assisted teachers in September, forced California Teacher Association (CTA) union officials to allow forced dues paying nonmembers to reclaim the $60 dues increase. Similar claims on behalf of members of the teacher union are still pending before the court. CTA union officials, like the CSEA union, implemented their dues increase to fund electioneering to defeat several of Governor Schwarzenegger’s propositions on the November 8 ballot.

Since September 30, CSEA union officials have imposed an “Emergency Temporary Assessment to Build a Political Fight-Back Fund” for a broad range of political and other non-collective bargaining activities. Union officials openly admit the “Fund will not be used for regular costs of the union,” but for political advertising, direct mail, and get-out-the-vote activities. According to the California Secretary of State, the CSEA union and affiliates have forwarded more than $22 million to various ballot proposition committees.

Like many public servants, the nine named plaintiffs (union members and nonmembers) object to paying for union political activities with which they disagree. They seek an order certifying their suit as a class action for all CSEA members and nonmembers.

“Public employees should not have to take legal action for union officials to stop the use of their forced dues for politics,” stated National Right to Work Foundation Vice President Stefan Gleason. “However, as long as public employees labor under a system of forced unionism, such abuses will inevitably continue.”

In the Foundation-won U.S. Supreme Court ruling in Chicago Teachers Union v. Hudson, 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 union political activities. However, CSEA union officials have failed to give public employees any opportunity to object to the dues increase.

To prevent further violation of their fundamental rights, the public employees ask that the forced dues be placed into escrow, because, as Foundation attorneys note in the employees’ complaint, they “have a First Amendment right to prevent the increase in their union dues…which conflict[s] with their own personal preferences.”

Sacramento, California (October 25, 2005) – The cash-strapped California Teacher Association (CTA) union will not accept an offer by the National Right to Work Legal Defense Foundation to pay for a $250,000 statewide mailing to all of the union’s members informing them of their constitutional right to cut off the use of their forced union dues to influence the upcoming November special election.

CTA union chief Barbara Kerr did not accept the offer made in an open letter by a group of teacher union members and nonmembers, sent last Thursday and published in Sunday’s Sacramento Bee. In their letter, the teachers demanded that union officials notify all CTA members of how they can refrain from paying for the union hierarchy’s $60 million political campaign by resigning their formal union membership and objecting.

In response to a class action lawsuit filed by teachers with free legal help from Foundation attorneys, CTA officials were forced to send 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 political electioneering. Nonmembers, including teachers who resign their membership and object, can also reclaim an additional $300 per year that the CTA and its affiliates routinely spend on non-bargaining activities.

The open letter, signed by over two dozen California teachers, asked union officials to cooperate in informing union members of their same limited rights to cut off the use of their forced dues for politics. The proposed mailing would have been processed by a third party mail shop. It required the cooperation of CTA officials who possess the only mailing list of union members.

“Obviously, the union brass intend to keep rank-and-file teachers in the dark about their most basic rights,” said Stefan Gleason, Vice President of National Right to Work Foundation. “Teachers are to serve as blank checks to finance CTA officials’ radical political agenda.”

In court proceedings, CTA controller Carlos Moreno filed a sworn declaration disclosing that CTA officials had already spent all $60 million in anticipated revenues from the three-year compulsory dues increase and that union officials were in negotiations for an additional $40 million credit line. If the union is unable to obtain the additional credit, Moreno stated that a $20 million loan could be recalled and services cut back.

“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 in their letter to Kerr.

Ultimately, the U.S. District court may order the union to notify, at its own expense, union members of their due-process rights. A copy of the open letter can be viewed at www.nrtw.org/california/kerrltr.pdf.

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.

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.

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.

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.

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.”

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.