National Right to Work Foundation staff attorneys helped Michigan care providers challenge union dues scheme

Washington, DC (April 4, 2016) – The United States Supreme Court has declined to hear Schlaud v. UAW, a class-action lawsuit filed by five Michigan childcare providers who hoped to reclaim millions of dollars in illegally-confiscated union dues for thousands of their fellow caregivers.

Plaintiffs Carrie Schlaud, Diana Orr, Peggy Mashke, and Edward and Nora Gross receive a small subsidy from the State of Michigan to provide home-based childcare services. The five plaintiffs also received free legal assistance from National Right to Work Foundation staff attorneys.

Schlaud and her co-plaintiffs originally filed a federal class-action lawsuit against former Michigan Governor Jennifer Granholm and the CCPTM union for designating home-based childcare providers who receive state funds as “public employees” in order to force them to accept the CCPTM’s “representation” and pay union dues. The plaintiffs reached a settlement with Governor Rick Snyder that ensured that Michigan would no longer force home-based childcare providers into union ranks. However, the providers’ lawsuit was denied class-action status by the lower courts. Consequently, CCPTM union officials were not required to refund $4 million in forced union dues previously collected from over 50,000 other care providers.

In the Foundation’s 2014 Harris v. Quinn Supreme Court victory, the court ruled that homecare unionization schemes like the one in Michigan violate providers’ First Amendment rights. Unfortunately, the Supreme Court’s denial of certiorari in Schlaud means that the union will not have to return the fees confiscated in violation of the Constitution to thousands of Michigan care providers.

“We are disappointed that the Supreme Court has declined to hear Schlaud v. UAW,” said Mark Mix, president of the National Right to Work Foundation. “Unwilling Michigan childcare providers were pushed into union ranks as part of a backroom political deal between union officials and former Michigan Governor Jennifer Granholm. Despite the fact that union bosses were caught red-handed violating the constitutional rights of childcare providers, tens of thousands of caregivers will not be given a chance to reclaim money that was illegally seized by the union.”

Union officials hit each employee with a fine exceeding five thousand dollars for exercising their right to continue working during a strike

Seattle, WA (April 1, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, fourteen Northshore Sheet Metal employees have filed federal unfair labor practice charges against a local union for illegally fining them thousands of dollars after they refused to join a union-ordered strike.

All fourteen employees originally joined the Sheet Metal Workers Local 66 union because they were wrongfully informed that union membership was a condition of employment at Northshore Sheet Metals. After union officials ordered a strike in August 2015, the employees learned that formal union membership is voluntary and decided to exercise their rights to resign from the union and refrain from participating in the work stoppage.

Although the employees had resigned from the union, Local 66 officials subjected them to internal union disciplinary procedures for refusing to strike. All fourteen workers were charged varying amounts for rebuffing the union’s strike order. All of the fines exceeded five thousand dollars.

Under federal labor law, no employee can be required to formally join a union as a condition of employment. Moreover, employees have the right to resign from a union at any time, at which point they can no longer be subjected to internal union discipline. Local 66 officials not only failed to inform Northshore Sheet Metal workers of their rights, they also refused to honor the fourteen employees’ resignations.

In addition to levying punitive strike fines, the union also posted photographs and names of each of the fourteen employees. The employees have since been harassed for their decision not to participate in the strike.
The employees’ charges will now be investigated by the National Labor Relations Board. In the coming weeks, National Right to Work Foundation staff attorneys anticipate filing charges for several other nonunion employees who were also fined by union officials for continuing to work during the union-ordered strike.

“Local 66 union officials misled employees about their right to refrain from union membership, ignored their requests to leave the union, and are now threatening those same employees with thousands of dollars in bogus strike fines,” said Mark Mix, president of the National Right to Work Foundation. “Employees shouldn’t have to endure this brazen intimidation simply because they don’t want to abandon their jobs and their paychecks at the behest of union bosses.”

4-4 decision leaves public sector union officials’ forced-dues powers in place

Washington, DC (March 29, 2016) – Patrick Semmens, vice president of the National Right to Work Foundation, issued the following statement regarding the Supreme Court’s 4-4 Friedrichs ruling:

“While we are disappointed that the Supreme Court’s 4-4 deadlock leaves union officials’ forced dues powers over public sector employees in place, an evenly split court always seemed like the most likely outcome after the sudden passing of Justice Scalia. Today’s order means Rebecca Friedrichs’ case probably won’t be the one to finally free public servants from being forced to fund the activities of union bosses just to work for their own government, but the issue is not going away and could return to the High Court soon.

National Right to Work Foundation staff attorneys already have five cases working their way through the court system asking that mandatory union dues and fees be struck down as a violation of employees’ First Amendment rights. Meanwhile, several other cases, including one pending before the Supreme Court on a petition for certiorari, challenge union officials’ scheme of requiring employees to opt-out of union spending on politics and lobbying rather that affirmatively consenting to fund those activities by opting in. Because the 4-4 split in Friedrichs has no precedential legal value, we fully expect the constitutionality of forced unionism to be back before the Supreme Court before too long.”

IAM officials ignored employees’ resignation requests when they tried to exercise their rights under Wisconsin’s Right to Work law

Sparta, WI (March 24, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, two Northern Engraving Corporation employees have filed federal unfair labor practice charges against their employer and the International Association of Machinists Lodge No. 1771 (IAM) union. According to charges filed by Sharon Kirchner and Julie Anderson, union and company officials violated federal law by ignoring their attempts to resign from the union and stop paying union dues.

Under Wisconsin’s recently-enacted Right to Work law, no employee can be forced to join or pay dues to a union to keep a job. Although Kirchner and Anderson previously belonged to the IAM, they both sent letters to their employer and the union within the past six months announcing their decision to resign and stop paying dues.

Not only did union officials fail to respond to Kirchner and Anderson’s resignation letters, they also ignored similar requests from other Northern Engraving employees. To this date, Northern Engraving continues to deduct – and IAM officials continue to collect – full union dues from Kirchner and Anderson’s paychecks.

The employees’ charges will now be investigated by Region 18 of the National Labor Relations Board, a federal agency responsible for administering private sector labor law.

“The passage of Wisconsin’s Right to Work law was a significant victory for employee rights,” said Patrick Semmens, vice president of the National Right to Work Foundation. “However, Wisconsin workers will only benefit if their rights to refrain from union membership and the payment of union dues are vigorously enforced. That’s why we stepped in to take this case.”

“Any other Wisconsin employee who faces obstructionist tactics when attempting to exercise his or her right to leave a union and stop paying union dues should contact the National Right to Work Foundation immediately for free legal assistance,” added Semmens.

National Right to Work Foundation assists Michigan State University employee after university union bosses illegally demanded forced union fees and ignored union resignation

East Lansing, Michigan (March 18, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, a Michigan State University employee has filed unfair labor practice charges with the Michigan Employment Relations Commission (MERC) against the MSU Administrative Professional Association (APA) union and its state affiliate, the Michigan Education Association (MEA). The charges detail how union officials violated Michigan’s public sector Right to Work law by illegally demanding compulsory union fees.

Nichole Frattaroli works as an information technologist at Michigan State University. Frattaroli exercised her right to resign her APA union membership in September 2015 and revoked her dues-checkoff authorization form.

On September 30, 2015, the preexisting monopoly bargaining agreement between the APA and Michigan State expired, and Frattaroli became fully covered by Michigan’s public sector Right to Work law.

Despite her resignation, full union dues continued to be deducted from her October, November, and December paychecks. In late December, Frattaroli sent another letter to Michigan State and APA officials noting that they had violated the Right to Work law. APA officials ignored Frattraoli’s letter.

In mid-January, after sending a third letter, Frattaroli received an e-mail from APA officials stating that Frattaroli remained an APA member, and that she is required to pay nearly $600 in union dues. In response, Frattaroli requested that APA officials accept her September resignation and refund all of the illegally seized dues APA received from October through December. The union has not responded to Frattaroli’s request.

Michigan’s Right to Work law protects Frattaroli’s right to refrain from union membership, and prohibits union officials from charging workers union dues or fees as a condition of employment.

“This latest forced-dues foul is part of union bosses’ playbook of illegal blocks and screens designed to prevent workers from exercising the protections enshrined in Michigan’s popular new Right to Work laws,” said Mark Mix, president of the National Right to Work Foundation.

“What we are seeing in Michigan is a widespread systematic attempt by union bosses to undermine Michigan’s Right to Work protections by repeatedly violating the law. Fortunately, the National Right to Work Foundation stands ready assist workers in enforcing their legal rights so these violations cannot continue with impunity.”

National Right to Work Legal Defense Foundation staff attorneys are currently litigating more than 40 cases in Michigan for employees whose rights have been violated by Michigan union officials.

Employees voted to oust Teamsters last November but were forced to wait months while the NLRB resolved a last-ditch union attempt to overturn results

Santa Cruz, CA (March 16, 2016) – Following a lengthy legal process, the National Labor Relations Board (NLRB) has certified the outcome of an election removing Teamsters Local 912 from two Oakland-area Threshold Enterprises facilities. National Right to Work Foundation staff attorneys participated in the hearing for Tomas Campos, a Threshold employee who opposed the union’s presence and defended the employees’ vote to eject the union.

Prior to the decertification election, Local 912 was the monopoly bargaining agent for approximately 546 Threshold employees at the facilities. Because California lacks a Right to Work law, this meant that Teamster officials were legally empowered to collect mandatory union dues or fees from all workers, including the majority who opposed the union’s presence.

In late November 2015, Threshold employees voted 269-195 to remove the Teamsters. Union lawyers responded by filing four election objections with the NLRB, three of which were immediately rejected. After holding a hearing on the remaining objection, the NLRB ultimately upheld the election results.

Not only did union officials fight the decertification results, they also retaliated against employees who opposed the union’s presence. Prior to the election, Foundation staff attorneys filed federal unfair labor practice charges for Hector Garcia and Enriqueta Morales, two employees whose jobs were threatened for working to remove the union. Garcia and Morales also say that other employees faced harassment and intimidation from Teamster operatives for opposing the union’s presence.

“Mr. Campos and his colleagues had to overcome legal obstructionism and Teamster boss intimidation tactics to get rid of a union they wanted nothing to do with,” said Patrick Semmens, vice president of the National Right to Work Foundation. “Unfortunately, workers across the country often face similar hurdles when attempting to remove unwanted union bosses from their workplaces.”

“This episode also emphasizes the need for a California Right to Work law, which would ensure that no employee can be forced to pay union dues to get or keep a job,” continued Semmens.

National Right to Work Foundation assists public school teacher after Grand Rapids Education Association union officials illegally demanded nearly $2,000 in forced union fees

Grand Rapids, Michigan (March 9, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, a public school teacher in Grand Rapids, Michigan has filed an unfair labor practice charge with the Michigan Employment Relations Commission (MERC) against the Grand Rapids Education Association (GREA) and the Michigan Education Association (MEA). The charge details how union officials violated Michigan’s public sector Right to Work law by illegally demanding compulsory union fees.

Becky Lapham is a teacher with Grand Rapids Public Schools and works at the Lincoln Developmental Center. When she resigned her membership with the GREA union, union officials informed Lapham that even as a nonmember she would be required to pay union fees until the existing monopoly bargaining agreement expired in 2015.

Once the preexisting monopoly bargaining agreement expired on June 30, 2015, Lapham became fully covered by Michigan’s public sector Right to Work law.

Despite her rights under Michigan’s public employee Right to Work law, in January 2016 Lapham received a letter from MEA union officials demanding nearly two thousand dollars in union dues. The letter included an invoice for 2015-2016 membership dues, and listed Lapham as a “member,” even though she had exercised her right to resign from formal union membership nearly a year and half earlier.

Because Lapham is not a union member and is fully covered by the Right to Work law, she cannot be required to pay any union dues or fees as a condition of employment. The MEA’s demand for forced dues prompted Lapham to file the charge which MERC will now investigate.

“Nearly every day we learn of yet another blatant violation of Michigan’s Right to Work laws by union bosses,” said Mark Mix, president of the NRTW Foundation. “The NRTW Foundation will continue to fight alongside teachers, bus drivers, civil servants, and all workers who suffer abuse from forced unionism. These sorts of schemes must not continue, because no worker should ever be forced to pay union dues or fees just to get or keep a job.”

National Right to Work Legal Defense Foundation staff attorneys are currently litigating over 40 cases in Michigan for employees whose rights have been violated by Michigan union officials.

Union and parking contractor collaborated to foist unwanted union “representation” on employees

Bethesda, MD (March 8, 2016) – With free legal assistance from the National Right to Work Foundation, 14 National Institute of Health (NIH) parking attendants have filed federal unfair labor practice charges against a federal contractor and the United Food and Commercial Workers (UFCW) Local 27 union for violating their workplace rights. According to the charges, union and company officials coerced employees at the Bethesda NIH facility into acceding to unionization and then demanded they all pay full union dues to keep their jobs.

In October 2015, Penn Parking replaced Colonial Parking as the parking contractor at the Bethesda NIH campus. Penn officials then told the employees, many of whom had worked for NIH for years, that they could only keep their jobs if they signed union membership and dues deduction cards. Although these were signed under duress, union officials used the cards to begin collecting full dues from these employees.

Not only did UFCW officials bypass the proper legal procedures that determine whether a group of employees unionize, they also violated federal labor law by telling the employees that they must become dues-paying union members to keep their jobs. Union officials and employers are legally prohibited from requiring anyone to formally join a union as a condition of employment.

The NIH later determined that Penn Parking was wrongly given the contract, and the company is now in the process of being replaced by another contractor. However, union officials insist that they continue to “represent” the parking attendants, despite the fact that these employees were coerced into joining the union in the first place.

The charges will now be investigated by the National Labor Relations Board, a federal agency that administers private sector labor law.

“These employees were forced to join and pay dues to a union they had no interest in supporting,” said Patrick Semmens, vice president of the National Right to Work Foundation. “That’s outrageous, which is why Foundation staff attorneys intervened to defend their workplace rights.”

“Aside from highlighting the union’s coercive organizing tactics, this episode also demonstrates the need for a Maryland Right to Work law, which would protect employees from being forced to pay any union dues at all to keep a job,” added Semmens.

Union officials violated employees’ rights by threatening to have them fired if they didn’t pay full union dues and a hefty union initiation fee

Portland, OR (March 7, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, three KOIN TV employees have filed federal unfair labor practice charges against the NABET-CWA Local 51 union. The employees charge that union officials failed to inform them of their right not to formally join the union, billed them for full union dues, and demanded they pay a $2,700 “union initiation fee” or be fired from their jobs.

Hannah Button, Peter Marshall, and Lacey Hamerin all began working at KOIN TV in late 2014 and early 2015. Because Oregon lacks a Right to Work law, nonunion employees can be required to pay union fees as a condition of employment. However, these employees cannot be forced to pay for union activities unrelated to workplace bargaining, such as union politics. They are also entitled to information about union finances to help them determine what they are obligated to pay.

In all three cases, union officials blatantly ignored these longstanding protections. When Hannah Button joined KOIN TV in January 2015, union officials failed to inform her of her right to refrain from paying full union dues. In July 2015, Button sent the union a letter announcing her decision to resign and reduce her dues payments. Union officials failed to respond to Button until February 2016, when they told her that she would still be charged for full union dues for the period before she submitted her resignation letter, despite the fact that she was never informed of her right to resign and reduce her dues payments in the first place.

Union officials also claimed that Button still had to pay a full “union initiation fee” of $2,700, and that the total amount she owed was over $3,000. Further, if she did not pay the entire amount within 17 days, the union would have her fired.

Marshall and Hamerin faced similar demands from union officials when they attempted to resign and reduce their dues payments. All three employees were never informed of their workplace rights and received no information from union officials about how the forced dues they supposedly owe were calculated. Like Button, Marshall and Hamerin were also told that they would lose their jobs if they failed to promptly pay thousands of dollars in union dues and initiation fees.

Button, Marshall, and Hamerin’s charges will now be investigated by the National Labor Relations Board.

“Union officials will go to great lengths to extract as much cash as possible from nonunion employees,” said Patrick Semmens, vice president of the National Right to Work Foundation. “Although Local 51 officials’ outrageous demands clearly violate federal law, Oregon law enables this type of abuse by empowering union officials to require nonunion workers to pay some union fees as a condition of employment.”

“Oregon should rectify this unjust arrangement and curb future abuses by passing a Right to Work law, which would make all union dues strictly voluntary,” added Semmens.