Ohio Teachers Win Class-Action Settlement to Halt Compulsory Union Dues for Political Activism

Ohio teacher union bosses forced to refund dues and fees illegally used for union electioneering to over 2,000 teachers

Columbus, OH (September 11, 2014) – With free legal assistance from the National Right to Work Foundation, 14 public school teachers across the state have won a federal class-action settlement against the Ohio Education Association (OEA) and 11 of its regional and local affiliates for violating their rights.

The settlement is in a class-action lawsuit the group filed in 2011 after the OEA union unlawfully overcharged the teachers — who have refrained from full-dues-paying union membership — for union “fees” taken from their paychecks. The union hierarchy charged the teachers for costs supporting the union’s political activism and electioneering.

Click here to read the full release.

Columbus, OH (September 11, 2014) – With free legal assistance from the National Right to Work Foundation, 14 public school teachers across the state have won a federal class-action settlement against the Ohio Education Association (OEA) and 11 of its regional and local affiliates for violating their rights.

The settlement is in a class-action lawsuit the group filed in 2011 after the OEA union unlawfully overcharged the teachers — who have refrained from full-dues-paying union membership — for union “fees” taken from their paychecks. The union hierarchy charged the teachers for costs supporting the union’s political activism and electioneering. Per Foundation-won U.S. Supreme Court precedent in Abood v. Detroit Board of Education, nonmember teachers cannot be forced to pay dues or fees for union boss politics and other non-bargaining activities under the First Amendment to the U.S. Constitution.

Additionally, the OEA union’s regional affiliates were collecting compulsory fees from non-members without providing the kind of independently-audited financial statements required by law. In the Foundation-won Supreme Court ruling in Chicago Teachers Union v. Hudson, the High Court ruled that public employees must be notified how their forced union dues are spent to make it less difficult to prevent their dues from going towards union political and member-only expenditures.

The settlement awards more than 2,000 teachers in Ohio nominal damages and/or rebates for union dues illegally-seized from their paychecks during the 2009-2010 to 2012-2013 school years.

“OEA union officials have a long history of abusing teachers’ rights in the workplace to fund their political coffers,” said Mark Mix, President of National Right to Work Foundation. “We applaud these teachers’ commitment to defending their and other Ohio teachers’ rights in this case.”

“Despite this victory, it’s important to remember that the OEA union machine forced nonmembers to pay a large part of the money used to defeat public-sector reforms in the Buckeye State in 2011 — reforms that would have allowed teachers to opt out of forced dues payments all together,” added Mix. “This case underscores the need for Ohio to pass a Right to Work law protecting all of Ohio’s workers.”

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.

Construction Worker Files Federal Charges Against LIUNA Union and Company for Illegal Firing

Thuggish union boss behavior underscores need for Colorado Right to Work law

Colorado Springs, CO (September 9, 2014) – A former Michels Corporation construction worker has filed federal charges against the company and a local union for violating his rights and illegally firing him for refusing to pay union dues.

With free legal assistance from National Right to Work Foundation staff attorneys, Paul Castle of Fountain filed the federal unfair labor practice charges with the National Labor Relations Board (NLRB).

Shortly after Michels hired Castle in August 4, 2014, Laborers’ International Union of North America (LIUNA) Local 578 union officials demanded he join the union and pay union dues as a condition of his employment.

Click here to read the full release.

Colorado Springs, CO (September 9, 2014) – A former Michels Corporation construction worker has filed federal charges against the company and a local union for violating his rights and illegally firing him for refusing to pay union dues.

With free legal assistance from National Right to Work Foundation staff attorneys, Paul Castle of Fountain filed the federal unfair labor practice charges with the National Labor Relations Board (NLRB).

Shortly after Michels hired Castle in August 4, 2014, Laborers’ International Union of North America (LIUNA) Local 578 union officials demanded he join the union and pay union dues as a condition of his employment.

Because Colorado does not have Right to Work protections for workers, nonmember workers can be forced to pay union fees as a condition of employment. However, because of a Foundation-won Supreme Court precedent, Communication Workers v. Beck, 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 alleges that when he notified LIUNA Local 578 union officials that he was refraining from union membership and full dues payments, union officials stated that they would not comply with the procedural requirements established under Beck. Furthermore, union officials refused Castle’s good faith efforts to pay the union for dues they claimed he owed.

On August 19, union officials sent a letter to Castle demanding he pay union dues for the months of August and September 2014 or he would be fired. Despite Castle’s efforts to pay the union the full dues he supposedly owed, he was fired at LIUNA union officials’ behest the next day. Adding insult to injury, Michels automatically deducted union dues from his final paycheck.

“No worker should be forced to pay union dues or fees as a condition of employment,” said Mark Mix, President of the National Right to Work Foundation. “This thuggish refusal by union officials to follow even the basic federal statutory protections for workers underscores why Colorado needs to pass a Right to Work law making union membership and dues payments completely voluntary.”

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

Local Security Guards Win Federal Settlement to End Illegal Forced Union Dues Payments

Case underscores need for Maryland Right to Work law

White Oak, MD (September 9, 2014) – Four local Coastal International Security, Inc. security guards have won a federal settlement from a local union and their employer for illegally forcing them into paying union dues and fees.

The settlement comes in the wake of federal charges filed by the security guards with free legal assistance from National Right to Work Foundation staff attorneys.

In December, Coastal security guard Karif King, who has been employed by Coastal International since 2008, and his coworkers voted to deauthorize the “Union Rights for Security Officers” union, thus revoking the union’s power to force nonmember workers into forced dues payments. Federal law requires that union officials cease forcing nonmember workers into forced dues payments upon request if a majority of workers vote to deauthorize the union’s forced dues powers.

Click here to read the full release.

White Oak, MD (September 9, 2014) – Four local Coastal International Security, Inc. security guards have won a federal settlement from a local union and their employer for illegally forcing them into paying union dues and fees.

The settlement comes in the wake of federal charges filed by the security guards with free legal assistance from National Right to Work Foundation staff attorneys.

In December, Coastal security guard Karif King, who has been employed by Coastal International since 2008, and his coworkers voted to deauthorize the “Union Rights for Security Officers” union, thus revoking the union’s power to force nonmember workers into forced dues payments. Federal law requires that union officials cease forcing nonmember workers into forced dues payments upon request if a majority of workers vote to deauthorize the union’s forced dues powers.

King and his coworkers Pius Eroraha, Obi Orji, and Grace Rayemo filed charges with the National Labor Relations Board (NLRB) after union officials continued to force the workers into forced dues payments despite the workers’ effort to revoke the union hierarchy’s forced dues powers.

Coastal International also faced charges for its role in assisting the union in the collection of union dues payments despite the workers’ repeated requests for the union dues and fees payments to cease.

The settlement requires the union hierarchy to return all illegally-seized union dues, plus interest, and to post informational notices in the workplace informing workers of their right to refrain from union dues or fees.

“These security guards had to file federal charges to force union officials and Coastal International Security management to back off from forcing workers into illegal union dues payments,” said Mark Mix, President of the National Right to Work Foundation. “This case underscores why Maryland needs to pass a Right to Work law 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.

Judge Strikes Down Michigan Teacher Union’s Illegal “Window Period” Scheme

Michigan union officials stonewall workers’ attempts to exercise their rights under Michigan’s Right to Work law

Lansing, MI (September 4, 2014) – A Michigan Employment Relations Commission (MERC) judge has struck down the Michigan Education Association (MEA) union hierarchy’s scheme to prohibit public school teachers and employees from exercising their rights to refrain from union membership.

The ruling stems from state charges filed by Mark Norgan, a Standish-Sterling Community Schools janitor, Alphia Snyder, a Battle Creek Public Schools secretary, and Mary Carr, a Grand Blanc Community Schools special education department secretary, with free legal assistance from National Right to Work Foundation staff attorneys.

The charges challenged MEA’s policy of requiring workers to resign union membership and refrain from union dues payments only during a “window period” of August 1 through August 31.

Click here to read the full release.

Lansing, MI (September 4, 2014) – A Michigan Employment Relations Commission (MERC) judge has struck down the Michigan Education Association (MEA) union hierarchy’s scheme to prohibit public school teachers and employees from exercising their rights to refrain from union membership.

The ruling stems from state charges filed by Mark Norgan, a Standish-Sterling Community Schools janitor, Alphia Snyder, a Battle Creek Public Schools secretary, and Mary Carr, a Grand Blanc Community Schools special education department secretary, with free legal assistance from National Right to Work Foundation staff attorneys.

The charges challenged MEA’s policy of requiring workers to resign union membership and refrain from union dues payments only during a “window period” of August 1 through August 31.

The MERC administrative law judge agreed with Foundation staff attorneys who argued that Michigan’s Right to Work law protects workers’ unequivocal right to refrain from union membership at any time. Similarly, federal labor law protects workers’ absolute right to refrain from union membership at any time without penalty.

“Across the state, union officials are pulling out all the stops to keep workers from exercising their rights under Michigan’s Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “This ruling is a huge victory for workers throughout the state whose rights under Michigan’s Right to Work law are being denied by unscrupulous union officials.”

In similar cases across Michigan, Foundation staff attorneys are assisting several other public-sector workers who filed charges with the MERC challenging union officials’ schemes to stonewall workers attempting to exercise their rights under Michigan’s Right to Work law.

Washington, DC (August 29, 2014) – Mark Mix, President of the National Right to Work Legal Defense Foundation and National Right to Work Committee, released the following statement regarding this year’s Labor Day holiday:

“This Labor Day, many workers will enjoy a well-deserved long weekend. But as we celebrate the gains for workplace freedoms workers have made across the country, union officials are working aggressively to protect and expand their forced dues powers through government fiat.

“This year, National Right to Work Foundation staff attorneys have assisted tens of thousands of workers nationwide achieve victories for workplace freedom. In America’s newest Right to Work state, a growing number of workers from across Michigan are joining the fight to protect their Right to Work free from union compulsion.

Meanwhile, Volkswagen workers in Chattanooga, Tennessee, when given a chance to vote, staved off unwanted unionization, overcoming a coercive card check campaign, pushed by company management and United Auto Workers union officials.

“And in Illinois, parents and other family members of special needs individuals successfully challenged a government unionization scheme at the U.S. Supreme Court. In that case, now-imprisoned former Illinois Governor Rob Blagojevich and current Governor Pat Quinn issued executive orders forcing home-based personal care providers into SEIU ranks. The effects of that ruling are reverberating across the nation, and thousands of home-based personal care and childcare providers have been freed from forced union dues or fees.

“Despite these big victories for worker freedom, more work remains. Millions of American workers are still compelled to pay dues or fees to union officials as a condition of getting or keeping a job. And millions more workers are required by law to accept a union’s so-called ‘representation,’ even if they would rather negotiate with their employer on their own merits.

“Not satisfied with these unique coercive powers, union officials continue to spend billions of workers’ money on politics and lobbying seeking to expand their reach over American workers.

“That’s why the National Right to Work Committee and its 2.8 million members are leading the fight for a National Right to Work Act making union affiliation completely voluntary – a principle supported by three out of four Americans.

“Although union officials have powerful friends in the Obama Administration, the National Right to Work organizations will continue to fight back against government-backed union boss power grabs and the resulting injustices they inflict upon American workers.”

Ford Employee Slaps UAW & Company with Federal Charges for Illegal Dues Deductions

Despite a worker’s repeated requests, company and union officials continue to collect full union dues from his paychecks

Dearborn, MI (August 20, 2014) – A Dearborn-area Ford Motor Company worker has filed federal charges against the United Auto Workers (UAW) union and the company for violating his rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Todd Lemire, a 16-year Dearborn Tool & Die plant worker, filed the charges last week with the National Labor Relations Board (NLRB).

On April 7, 2014, Lemire sent a letter to Ford Motor and UAW union officials exercising his statutory rights to resign his union membership and refrain from full union dues. Under Foundation-won U.S. Supreme Court precedent, nonmember workers can refrain from paying for union boss politics and members-only events.

Click here to read the full release.