6 Jan 2015

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

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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.

6 Jan 2015

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

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News Release

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.

6 Jan 2015

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

Posted in News Releases

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.”

6 Jan 2015

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

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News Release

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.

6 Jan 2015

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

Posted in News Releases

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.”

23 Dec 2014

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

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News Release

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.

22 Dec 2014

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

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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.

Under federal case law, private-sector workers have the unconditional 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, but can refrain from paying for politics and many other union activities.

Under federal labor case law, union officials must also notify workers of their right to refrain from union membership and provide workers with an independently-audited financial breakdown of all forced-dues union expenditures. This procedural safeguard helps inform workers of how their forced union dues are being spent and makes it less difficult for workers to hold union officials accountable.

Even though an OPEIU Local 537 official acknowledged receipt of Gomez’s resignation letter, the union hierarchy did not recognize her membership resignation and continues to demand that she pay full union dues from her paychecks. When she sent a letter asking why union officials continued to demand full union dues, the union never responded.

Furthermore, OPEIU Local 537 officials continued to send dues invoices to Gomez, reflecting an arrearage of full union membership dues, and threatening her with job termination if she failed to pay. In response, Gomez sent a check for the full amount of the supposedly owed dues and marked it “paid under protest.” Despite her efforts, OPEIU Local 537 officials have since sought her termination of employment with UNITE HERE Local 30.

“Forced-dues hungry union bosses are so blinded by their forced dues powers, even union employees cannot exercise their statutory rights to refrain from full dues payments,” said Mark Mix, president of the National Right to Work Foundation. “This case underscores why California needs to pass a Right to Work law making union affiliation and dues payments completely voluntary.”

18 Dec 2014

Indiana Supreme Court Strikes Down Third Union Boss Challenge to State Right to Work Law

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News Release

Indiana Supreme Court Strikes Down Third Union Boss Challenge to State Right to Work Law

Hoosier workers contested spurious union challenge

Indianapolis, IN (December 17, 2014) – The Indiana Supreme Court today once again rejected a union boss-backed challenge to Indiana’s 2012 Right to Work law. The case is a lawsuit filed by the United Steelworker (USW) union that makes a number of dubious claims in its challenge to the law, including the argument that unions have a right to force workers to pay for their unwanted services.

The Indiana Supreme Court overturned a lower court’s ruling. Early last month, the court also upheld the law as constitutional in a different case involving the same issues. And a broader challenge was rejected in September by the U.S. Court of Appeals for the Seventh Circuit.

Click here to read the full release.

18 Dec 2014

Indiana Supreme Court Strikes Down Third Union Boss Challenge to State Right to Work Law

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Indianapolis, IN (December 17, 2014) – The Indiana Supreme Court today once again rejected a union boss-backed challenge to Indiana’s 2012 Right to Work law. The case is a lawsuit filed by the United Steelworker (USW) union that makes a number of dubious claims in its challenge to the law, including the argument that unions have a right to force workers to pay for their unwanted services.

The Indiana Supreme Court overturned a lower court’s ruling. Early last month, the court also upheld the law as constitutional in a different case involving the same issues. And a broader challenge was rejected in September by the U.S. Court of Appeals for the Seventh Circuit.

Three Indiana workers, Douglas Richards, David Brubaker, and Michael Miller, filed an amicus curiae brief defending the law with free legal assistance from National Right to Work Foundation staff attorneys. The brief was filed together with the National Federation of Independent Business Small Business Legal Center.

The three workers who filed the brief are or were employed in workplaces where a forced dues contract was in place between their employers and union hierarchies before the Right to Work law was enacted. Consequently, the workers have been forced to pay union dues just to keep their jobs, despite the fact that they do not belong to the union nor sought the union’s so-called “representation.”

Patrick Semmens, vice president of the National Right to Work Foundation, issued the following statement in the wake of the court’s ruling:

“Today, the Indiana Supreme Court once again upheld the statutory and civil rights protections enshrined in Indiana’s Right to Work law. We are pleased that the court struck down this blatantly frivolous union legal challenge, as the constitutionality of state Right to Work laws is a long-settled question.

“Union officials have now failed twice before the state supreme court — and in federal court — to overturn the will of the people and protect their government-granted privileges to force workers into paying union tribute as a condition of their employment. We applaud the workers who diligently and courageously stood up to defend their rights under the state’s Right to Work law to refrain from union membership and dues payments.”

12 Dec 2014

Worker Advocate Blasts Obama Labor Board Rule Change

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News Release

Worker Advocate Blasts Obama Labor Board Rule Change

New regulations would allow union bosses to ambush workers into forced-dues-paying union ranks

Washington, DC (December 12, 2014) – Today, the National Labor Relations Board (NLRB) again issued new regulations that give union organizers the upper hand over independent-minded employees during unionization elections.

The new rules are designed to dramatically shorten the time individual workers have to share information with their coworkers about the effects of unionization. The new regulations also require employers to hand over workers’ private information to union organizers, including their phone numbers and email addresses.

This isn’t the first time the NLRB rushed out the new rules in December before a Member’s term expired, this time as former union lawyer Nancy Schiffer’s term expires on Tuesday, December 16. The NLRB previously rushed the regulations out before former Service Employees International Union (SEIU) lawyer and Obama NLRB recess appointee Craig Becker’s term expired in December 2011. They were later invalidated by a federal district court in 2012 on procedural grounds.

Mark Mix, President of the National Right to Work Foundation released the following statement in the wake of the NLRB’s announcement:

“Christmas came early for Big Labor as the Obama Labor Board has once again given union bosses increased power to ambush workers into dues-paying union ranks.”

Click here to read the full release.