Constitutional challenge would free childcare providers from being forced to accept unwanted SEIU ‘representation’

Washington, DC (May 4, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, eight Massachusetts childcare providers have petitioned the Supreme Court to strike down a compulsory unionism scheme on First Amendment grounds. The caregivers are challenging a Massachusetts law that empowers union officials to speak for all childcare providers, including those who have not joined and do not support the union, when bargaining with state government.

The providers seek to halt implementation of a Massachusetts law that designates the Service Employees International Union (SEIU) as the exclusive bargaining agent for thousands of in-state childcare providers. Under the law, SEIU officials are empowered to negotiate with the State of Massachusetts over the providers’ professional practices and a public subsidy they receive for caregiving. The affected providers are either small business owners or family members who care for the children of relatives.

Foundation attorneys argue that the current arrangement violates the providers’ First Amendment right to choose with whom they associate to petition their government by naming a union as their state-designated lobbyist.

The caregivers’ petition builds on the National Right to Work Foundation’s 2014 Supreme Court victory in Harris v. Quinn, which outlawed the collection of mandatory union dues from home-based caregivers. Prior to that decision, the Massachusetts law the petitioners are challenging empowered union officials to collect forced dues from all home-based childcare providers. According to Foundation staff attorneys, the Harris precedent suggests that caregivers should also be free from the burden of accepting an unwanted union’s bargaining and mandatory representation.

Foundation staff attorneys are helping home and childcare providers challenge similar schemes in Minnesota, Illinois, New York, Oregon, and Washington State.

“Small business owners and those who help care for relatives’ children should not be forced to associate with labor union officials they have no interest in supporting,” said Mark Mix, president of the National Right to Work Foundation. “We hope the Supreme Court takes this opportunity to outlaw government-imposed monopoly union representation for home-based care providers as incompatible with the First Amendment.”

Settlement requires union to refund illegally-confiscated dues

Ofallon, IL (May 4, 2016) – With free legal aid from National Right to Work Foundation staff attorneys, a local bus driver has obtained a settlement from Amalgamated Transit Union Local 788 that ensures she will no longer be forced to pay full union dues to keep her job. Under the terms of the settlement, Jennifer Handyside will also receive a refund of union fees wrongfully deducted from her paychecks in 2015 and 2016.

Handyside resigned from the union and opted to reduce her dues payments in March 2015. Despite her resignation and objection, Local 788 continued to charge Handyside fees that included amounts not lawfully chargeable to objecting nonmembers and even resumed collecting full dues in December 2015.

Because Illinois lacks a Right to Work law, nonunion employees like Handyside can be required to pay part of union dues as a condition of employment. However, nonunion workers cannot be required to pay for anything unrelated to workplace bargaining, such as union politics.

Foundation attorneys filed Handyside’s charges against Local 788 in January 2016. Handyside has now obtained a settlement that requires Local 788 to refund the wrongfully-confiscated union fees. Under the terms of the agreement, union officials are also required to post a public notice at the local bus drivers’ office informing all employees of their right to refrain from union membership and the payment of full union dues.

“Although we are happy to report that Jennifer Handyside is receiving a refund from Local 788 union officials, it shouldn’t take legal action to force union bosses to respect the rights of the very workers they claim to represent,” said Patrick Semmens, vice president of the National Right to Work Foundation. “Nonunion employees shouldn’t be required to pay any dues at all to a union they don’t belong to or support, which is why Illinois employees need Right to Work protections. Union dues should be strictly voluntary, and not paid simply because union officials would have a worker fired if they refused.”

Annapolis, MD (April 27, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, a Verizon worker in Maryland has filed charges with the National Labor Relations Board (NLRB) against Verizon and the Communications Workers of America (CWA) Local 2107 union. The charges state that Verizon officials illegally deducted Local 2107 fees from the worker’s paycheck which union officials accepted.

Mark Bohrer works for Verizon in Annapolis, Maryland. He is not a Local 2107 member. However, because Maryland lacks a Right to Work law, Bohrer can be forced to pay union dues or fees as a condition of employment.

In August 2015, the preexisting monopoly bargaining agreement between the CWA and Verizon expired. That contract contained a forced-dues clause which allowed Local 2107 officials to demand fees from Bohrer as a condition of his employment. However, Local 2107 lost the authorization to do so once the contract expired.

Since the contract expired, Verizon officials have continued to illegally deduct Local 2107 fees from Bohrer’s paychecks and remit them to the union. Moreover, Bohrer believes that he never signed a checkoff authorization to allow Verizon officials to deduct union fees from his paycheck. Bohrer has informed Verizon and Local 2107 officials that the fees were illegally seized, but Verizon continues to deduct fees from his paychecks.

When these charges were filed, Verizon and the CWA still had not imposed a new monopoly bargaining contract. The NLRB will now investigate Bohrer’s charges.

“Union officials are apparently more concerned with siphoning off as much money as possible from workers’ paychecks, than respecting the law and the rights of workers they claim to represent,” said Mark Mix, president of the National Right to Work Foundation. “Bohrer’s case demonstrates the injustice of forced unionism and the immediate need for a Maryland Right to Work law, which would protect all employees’ rights to get or keep a job without being forced to pay union dues or fees.”

Local 1700 and Fiat Chrysler officials ignored Michigan Right to Work protections, illegally deducted union dues and refused to refund dues to worker

Sterling Heights, MI (April 19, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, a local Fiat Chrysler employee filed federal unfair labor practice charges against his employer and the United Autoworkers (UAW) Local 1700 union. According to David Wiedbusch, Fiat Chrysler officials deducted Local 1700 dues from his paychecks after he had submitted his union membership resignation and his dues checkoff authorization revocation. Local 1700 officials have refused to refund the illegally seized dues.

Wiedbusch works at Fiat Chrysler’s Sterling Heights assembly plant as a factory worker. He first submitted a written request to resign and stop paying union dues in late October, and union dues ceased being deducted from his paychecks. However, in late December and early January, Wiedbusch noticed that union dues were once again being taken from his paychecks.

He contacted company officials who initially told Weidbusch that dues deductions would stop and the wrongfully seized dues would be refunded. Soon thereafter, those officials informed Weidbusch that he must contact Local 1700 officials to receive the refund. As of the time the charges were filed, Local 1700 officials have refused to refund the confiscated dues.

Under Michigan’s recently-enacted Right to Work laws, employees have the right to leave a union and stop paying union dues at any time. The laws exempted forced-dues contracts agreed to by employers and union officials before the legislation went into effect, including the UAW’s agreement with the “Big Three” automakers. Now that the UAW’s previously grandfathered contract with the automakers has expired, all Big Three employees are free to leave the union and stop paying dues under Michigan’s private sector Right to Work law.

Weidbusch’s charges will now be investigated by the National Labor Relations Board, a federal agency responsible for enforcing private sector labor law.

“It is indefensible that more than three years after Michigan’s Right to Work laws were enacted, union bosses are still refusing to accept that they no longer have privileges that allow them to confiscate a portion of a worker’s paycheck against their will,” said Mark Mix, president of the National Right to Work Legal Defense Foundation.

“We encourage any Michigan employee who needs help asserting his or her rights under Michigan’s Right to Work laws to contact the National Right to Work Foundation for free legal assistance, because no worker should ever be forced to pay union dues or fees just to get, or keep, a job” added Mix.

38 workers have now filed charges against union bosses for fines totaling over $267,000

Seattle, WA (April 11, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, 10 more 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 participate in a union-ordered strike. A total of 38 Northshore employees are now challenging the union’s strike fines with the help of Foundation staff attorneys.

All 10 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 formally resigned from the union, Local 66 officials refused to honor their resignations and subjected them to internal union disciplinary procedures for refusing to strike. The 10 workers were charged over five thousand dollars each for rebuffing the union’s strike order. Three of the employees were charged $55,000, $36,000, and $11,000, respectively. Moreover, Northshore Sheet Metal continues to deduct – and Local 66 continues to collect – money for a union “strike fund” from all 38 employees’ paychecks.

Under federal labor law, no employee can be required to formally join a union as a condition of employment. Employees also have the right to resign from a union at any time and cannot be subjected to internal union discipline for conduct after they have left the union. Local 66 union officials are now trying to collect over $267,000 in retaliatory fines from the 38 Foundation-assisted employees who continued working rather than give in to union officials’ demands that they abandon their jobs.

The employees’ charges will now be investigated by Region 19 of the National Labor Relations Board, a federal agency responsible for administering private sector labor law.

“Union bosses shouldn’t be able to fine workers hundreds of thousands of dollars just for working to support their families,” said Mark Mix, president of the National Right to Work Foundation. “The Foundation is proud to provide free legal assistance to these workers to defend them against these ugly and almost certainly illegal strike fines.”

Questionable local court ruling threatens popular Right to Work law that protects Wisconsin employees from mandatory union dues

Dane County, WI (April 8, 2016) – Patrick Semmens, vice president of the National Right to Work Legal Defense Foundation, issued the following statement regarding the Dane County Circuit Court’s ruling against Wisconsin’s recently-enacted Right to Work law:

“Right to Work laws have been passed by 26 states and have been repeatedly upheld in state and federal court. However, that didn’t stop a lone Dane County Circuit Court judge from ruling against Wisconsin’s Right to Work law on extremely questionable grounds. According to the Court’s dubious reasoning, the State of Wisconsin cannot protect employees from union bosses who threaten to have them fired for refusing to pay dues or fees to a union they don’t support.

“This isn’t the first time a Dane County Circuit Court judge has overreached. Another judge previously struck down Governor Scott Walker’s Act 10 public-sector union reforms, a decision that was decisively reversed by the Wisconsin Supreme Court.

“Contrary to the union’s misrepresentations which the judge disingenuously accepted, it is union bosses who choose to exercise monopoly control over all workers, including those who oppose the union and who feel they would be better off without union officials’ imposed ‘representation.’ Without Right to Work protections, the injustice that workers face by having an unwanted union imposed on them against their will is compounded by the injustice of being forced to pay a portion of their hard-earned paychecks to union officials they oppose.

“Fortunately for Wisconsin workers, this Dane County judge’s ruling is not the final word on the matter. An appeal of this decision is certain, and we are confident that Wisconsin’s Right to Work law will ultimately be upheld by the Wisconsin Supreme Court.”

Staff attorneys from the National Right to Work Legal Defense Foundation along with the Wisconsin Institute for Law and Liberty represented pro-Right to Work Wisconsin employees in the case by filing an amicus brief. In addition veteran Foundation staff attorney Milton Chappell participated in the oral argument for the employees seeking to defend the Right to Work law. Foundation staff attorneys are also representing Wisconsin employees in enforcing the law. Both the U.S. Court of Appeals and the Indiana Supreme Court recently rejected the same arguments made by the unions in this case.

Wisconsin employees seeking assistance in exercising their rights under Wisconsin’s Right to Work protections can contact the Foundation for free legal aid by calling 1-800-336-3600 or by going to www.nrtw.org.

Right to Work Foundation attorneys represent reformer seeking to notify teachers of their right to stop paying for partisan union politics and lobbying

Pittsburgh, PA (April 5, 2016) – Today, before the Pennsylvania Supreme Court, veteran National Right to Work Foundation staff Attorney W. James Young defended an education activist’s right, under Pennsylvania’s Right-to-Know Law, to inform public school teachers about their legal rights relating to union membership.

The case, Pennsylvania State Education Association et al. v. Commonwealth of Pennsylvania et al., is being heard on appeal from the Commonwealth Court. In February 2015, the Pennsylvania Commonwealth Court effectively ended teacher unions’ stranglehold over public school teachers’ access to information about their workplace rights by affirming an education activist’s request to access the contact information of teachers across the state.

National Right to Work Foundation staff attorneys appeared in the case for Simon Campbell, president of Pennsylvanians for Union Reform, who sought the information to inform educators of their rights to refrain from union membership and opt out of paying dues for union politics.

In its 5-2 decision, the Commonwealth Court ruled that Campbell was entitled to public school teachers’ contact information under the state’s Right-to-Know law so long as the teachers were informed of his request and allowed to object to the release of that information. The Pennsylvania State Education Association appealed that decision to the state’s Supreme Court.

In 2009, Campbell and Pennsylvanians for Union Reform submitted a request with the Pennsylvania Office of Open Records for the contact information of over 200,000 Pennsylvania educators. Pennsylvania State Education Association (PSEA) union lawyers responded by filing a lawsuit against the Office of Open Records to block the release of that information.

Although Pennsylvania teachers can be forced to pay union dues or fees as a condition of employment, they cannot be required to accept full union membership or pay fees for anything unrelated to workplace bargaining, such as union political activism.

Unfortunately, union officials frequently seek to limit teachers’ access to information about their rights to refrain from union activities and to opt out of paying full union fees.

“Today’s argument asks the court to decide if union officials should be granted a monopoly over teachers’ personal information and thus prevent Pennsylvanian educators from learning about their workplace rights,” said Mark Mix, president of the National Right to Work Foundation. “Informing teachers of their rights to refrain from union membership and subsidizing union politics is absolutely necessary to counter union bosses’ campaigns of misinformation. I applaud Mr. Campbell’s efforts, and the National Right to Work Foundation is pleased to help him in this fight.”

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.”