Michels Corp. Construction Worker Wins Thousands in Settlement from Company & Union After Illegal Firing

Case underscores needs for Right to Work protections

Colorado Springs, CO (January 14, 2015) – A former Michels Corporation construction worker in Colorado has won a settlement from a Brownsville, Wisconsin-based company and a Colorado-based union for violating his rights and illegally firing him.

The settlement comes after Paul Castle of Fountain filed federal unfair labor practice charges with free legal assistance from National Right to Work Foundation staff attorneys.

Shortly after Michels hired Castle in August, Laborers’ International Union of North America (LIUNA) Local 578 officials demanded he become a full dues-paying union member. Because Colorado does not have Right to Work protections for workers, workers can be forced to pay union fees as a condition of employment. However, the U.S. Supreme Court held in the Foundation-won Communication Workers v. Beck case that nonmember workers cannot be compelled to pay the portion of union dues used for the union’s political and member-only activities.

Click here to read the full release.

Colorado Springs, CO (January 14, 2015) – A former Michels Corporation construction worker in Colorado has won a settlement from a Brownsville, Wisconsin-based company and a Colorado-based union for violating his rights and illegally firing him.

The settlement comes after Paul Castle of Fountain filed federal unfair labor practice charges with free legal assistance from National Right to Work Foundation staff attorneys.

Shortly after Michels hired Castle in August, Laborers’ International Union of North America (LIUNA) Local 578 officials demanded he become a full dues-paying union member. Because Colorado does not have Right to Work protections for workers, workers can be forced to pay union fees as a condition of employment. However, the U.S. Supreme Court held in the Foundation-won Communication Workers v. Beck case that nonmember workers cannot be compelled to pay the portion of union dues used for the union’s political and member-only activities. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently-verified audit of chargeable and non-chargeable expenses.

Castle alleged in charges he filed with the National Labor Relations Board (NLRB) that when he notified union officials that he was refraining from union membership and full dues payments, they stated that they would not comply with the procedural requirements established under Beck. Furthermore, union officials refused his good faith efforts to pay the union for dues they claimed he owed.

Despite Castle’s efforts to pay the union the full dues he supposedly owed, he was fired by Michels. Adding insult to injury, the company deducted union dues from his final paycheck even though failure to pay union dues was the stated reason for his illegal termination.

Under the terms of the settlement, Castle will receive $6,400 in lost wages and $91 for the dues taken from his last paycheck. The settlement also forces union officials to send a notice to workers detailing their right to refrain from union membership and full dues payments.

Michels Corporation is owned by Tim Michels, a Republican Party “mega-donor” and former candidate for US Senate, who is the leader of a coalition opposed to passage of Right to Work protections in Wisconsin.

“Oftentimes, it takes a worker filing federal charges against coercive union officials and company management to exercise their basic statutory rights,” said Mark Mix, President of the National Right to Work Foundation. “This case underscores the need for Right to work protections for workers making union membership and dues payments completely voluntary.”

Twenty-four states have Right to Work protections for workers. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

San Francisco, CA (January 13, 2015) – With free legal assistance from the National Right to Work Foundation, a California Department of Forestry fire captain has obtained a settlement from his employer that protects his freedom of conscience in the workplace.

John Valentich, a veteran firefighter, objected to a clause in the bargaining agreement between his employer and the CAL FIRE Local 2881 union that requires all employees – even those who are not union members – to “donate” three hours of annual leave each year for union activities. Valentich is a religious objector who wishes to refrain from affiliating with the union because of its support for abortion and same-sex marriage.

In November 2013, Valentich filed charges challenging the annual leave policy with the California Department of Fair Employment and Housing and the Equal Employment Opportunity Commission in San Francisco.

Title VII of the Civil Rights Act forbids discrimination against religious employees and requires companies and unions to attempt to reasonably accommodate workers’ sincerely-held religious beliefs.

This isn’t the first time Valentich has filed charges to defend his religious convictions from union interference. In 2012, Right to Work attorneys helped Valentich ensure that the union dues he’s required to pay to keep his job were diverted to a charity, instead of being used to fund union activities.

However, Valentich later learned that he still had to support Local 2881 through a union-negotiated policy that required that he donate three days of leave for union activities.

Under the terms of the settlement, CAL FIRE union officials will determine based on Valentich’s salary the monetary equivalent of the three days of leave he is required to hand over. That sum will then be donated to a nonreligious, non-labor charitable organization approved by the State of California.

“No employee should be forced to give time or money to a union he or she has no interest in supporting,” said Mark Mix, President of the National Right to Work Foundation. “Fortunately, we were able to help Mr. Valentich obtain a settlement that protects his deeply-held religious beliefs.”

“However, many California employees with political or religious objections to supporting a union are still being forced to pay dues,” continued Mix. “That’s why California needs a Right to Work law, which would make union membership and dues payments strictly voluntary.”

Navy Helicopter Simulator Technician Files Federal Charge Against Local Union for Illegal Dues Demands

Case underscores needs for Right to Work protections

San Diego, CA (January 6, 2015) – A local Navy helicopter simulator maintenance technician, who works for a private contractor for the U.S. Navy, has filed a federal charge against a union and its local and regional affiliates for violating his rights.

With free legal assistance from the National Right to Work Foundation, Cubic Worldwide Technical Services employee Abraham Perez filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

In July 2014, Perez filled out an International Association of Machinist (IAM) union dues deduction authorization – a form union officials use to automatically withhold union dues from employee paychecks – but declined to check the union membership box. In August 2014, Perez sent a letter resigning his union membership in the IAM union; its regional affiliate, District Lodge 725; and its local affiliate, Local Lodge 1125. His letter also objected to paying full dues.

Click here to read the full release.

San Diego, CA (January 6, 2015) – A local Navy helicopter simulator maintenance technician, who works for a private contractor for the U.S. Navy, has filed a federal charge against a union and its local and regional affiliates for violating his rights.

With free legal assistance from the National Right to Work Foundation, Cubic Worldwide Technical Services employee Abraham Perez filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

In July 2014, Perez filled out an International Association of Machinist (IAM) union dues deduction authorization – a form union officials use to automatically withhold union dues from employee paychecks – but declined to check the union membership box. In August 2014, Perez sent a letter resigning his union membership in the IAM union; its regional affiliate, District Lodge 725; and its local affiliate, Local Lodge 1125. His letter also objected to paying full dues.

Under federal labor law, workers have the right to refrain from formal union membership. However, because California does not have Right to Work protections for workers, nonmember workers can be forced to pay a part of union dues and fees.

As a result of the Foundation’s U.S. Supreme Court victory in Communications Workers v. Beck, employees can refrain from paying for politics and many other union activities.

Despite Perez’s union resignation, the IAM union hierarchy assessed full union dues against him. The IAM finally responded to Perez’s letter in October but indicated that he had to wait another month before he could refrain from full union dues payments.

In the meantime, the IAM’s regional affiliate, IAM District Lodge 725, sent him three confusing and misleading letters over two months demanding that he pay full union dues or face termination from his job. Moreover, Lodge 725 union officials charged Perez a “reinstatement fee” penalty for “administrative costs” that were only incurred because the union failed to process his dues deduction authorization.

“IAM union bosses are requiring workers to jump through hoops just to exercise their statutory right to refrain from paying full union dues,” said Mark Mix, President of the National Right to Work Foundation. “This case demonstrates that California desperately needs a Right to Work law, which would make union affiliation and dues payments completely voluntary.”

Twenty-four states have Right to Work protections for employees. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

MGM Casino, Local Union Face Federal Charges for Playing Fast and Loose with Worker’s Rights

Case underscores importance of Right to Work protections for Michigan workers

Detroit, MI (January 6, 2015) – An area MGM Grand Detroit casino employee has filed federal charges against a local security guard union and the casino for blocking her from exercising her rights guaranteed under Michigan’s Right to Work law.

With free legal assistance from the National Right to Work Foundation, Johnnie Cullens of Detroit filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

On November 18, Cullens, an MGM Grand Detroit employee since 2001, delivered a letter to her employer and the Security, Police, and Fire Professionals of America (SPFPA) Local 1111 union notifying them that she was resigning her union membership and revoking her union dues deduction authorization – a document used by union officials to collect dues from workers’ paychecks. She also sent the letters by certified mail to the union on November 21.

Click here to read the full release.

Detroit, MI (January 6, 2015) – An area MGM Grand Detroit casino employee has filed federal charges against a local security guard union and the casino for blocking her from exercising her rights guaranteed under Michigan’s Right to Work law.

With free legal assistance from the National Right to Work Foundation, Johnnie Cullens of Detroit filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

On November 18, Cullens, an MGM Grand Detroit employee since 2001, delivered a letter to her employer and the Security, Police, and Fire Professionals of America (SPFPA) Local 1111 union notifying them that she was resigning her union membership and revoking her union dues deduction authorization – a document used by union officials to collect dues from workers’ paychecks. She also sent the letters by certified mail to the union on November 21.

Because the contract between the SPFPA Local 1111 union and MGM Grand Detroit has expired, Michigan’s 2012 Right to Work law now applies to Cullens and her coworkers. Under Michigan’s private-sector Right to Work law, no worker can be required to join or pay money to a union. Under federal labor law, employees can revoke their dues deduction authorizations once a contract ends.

Even though the company acknowledged Cullens’ union membership resignation, MGM Grand Detroit has begun to confiscate a so-called “security fee” from her paychecks, apparently at SPFPA Local 1111 union officials’ behest. Cullens’ charge against the union alleges that the union has accepted the unlawfully deducted fee.

Since Michigan passed Right to Work protections for workers in 2012, National Right to Work Foundation staff attorneys have assisted numerous public and private sector workers in exercising their rights under the state laws.

“Forced-dues hungry union officials are stonewalling workers’ attempts to exercise their statutory rights under Michigan’s Right to Work laws,” said Mark Mix, president of the National Right to Work Foundation. “This latest case underscores once again how making union affiliation and dues payments completely voluntary empowers workers whose rights are violated by forced unionism.”

International Paper Company and Steelworker Union Face Federal Charges for Violating Local Mill Worker’s Rights

Union stonewalls worker’s attempt to exercise rights to refrain from union membership and dues payments

Prattville, AL (January 6, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, an International Paper Company instrument electrician has filed federal charges against a local union and the company for violating his rights.

Clanton resident James Smith filed the unfair labor practice charges with the National Labor Relations Board (NLRB) against the United Steelworkers of America (USW) Local 1458 union and International Paper Co. for ignoring his right to refrain from paying union dues. Under Alabama’s popular Right to Work law, no worker can be required to join or pay fees to a union as a condition of employment.

Click here to read the full release.

Prattville, AL (January 6, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, an International Paper Company instrument electrician has filed federal charges against a local union and the company for violating his rights.

Clanton resident James Smith filed the unfair labor practice charges with the National Labor Relations Board (NLRB) against the United Steelworkers of America (USW) Local 1458 union and International Paper Co. for ignoring his right to refrain from paying union dues. Under Alabama’s popular Right to Work law, no worker can be required to join or pay fees to a union as a condition of employment.

When Smith was hired in September 2004, he signed a Paper, Allied-Industrial, Chemical and Energy Workers (PACE) International Union dues deduction authorization – a document union officials use to automatically collect dues from workers’ paychecks. Later, PACE merged with the USW.

In October 2014, Smith delivered a letter to the USW union and its Local 1458 affiliate resigning his union membership and revoking his PACE union dues deduction authorization. In response, a Local 1458 union official told Smith that a USW dues deduction authorization, which Smith never signed, required that he wait until November 2 to resign his union membership and submit a revocation.

Smith sent another letter confirming his resignation and revocation on November 3. He was then told that the union would not get around to stopping dues deductions until it was “feasible.”

Despite Smith’s repeated requests to resign his union membership and stop dues payments, International Paper continues to confiscate full union dues from his paychecks at USW union officials’ behest.

“USW union bosses are stonewalling this worker’s attempts to exercise his rights under Alabama’s Right to Work law to refrain from union membership and dues payments,” said Mark Mix, President of the National Right to Work Foundation. “Schemes like this show that the ultimate goal of union officials is more forced dues collected from workers, even when rank-and-file employees want nothing to do with a union.”

Union Employee Files Federal Charge Against Another Local Union for Violating Her Rights

Case underscores needs for Right to Work protections

San Diego, CA (December 23, 2014) – An employee of a local union has filed a federal charge against another local union for threatening her with job termination after she tried to exercise her right to refrain from union membership and full dues payments.

With free legal assistance from the National Right to Work Foundation, Karen Gomez of San Diego filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

Gomez, an employee of the UNITE HERE Local 30 union, mailed a letter to the Office and Professional Employees International Union (OPEIU) Local 537 notifying the union hierarchy that she was exercising her right to refrain from formal union membership.

Click here to read the full release.