Pro-Right to Work Missouri Workers File Lawsuits Challenging Union Boss-Backed Forced Dues Ballot Measures
Jefferson City, MO– With free legal aid from National Right to Work Foundation staff attorneys three Missouri workers filed legal challenges against ten separate initiative-petitions that would wipe out Missouri’s recently passed Right to Work law and strip away the newly-won Right to Work protections for them and hundreds of thousands of other Missouri workers.
If approved and passed the ballot measures would prevent the Missouri General Assembly from prohibiting forced-unionism agreements, essentially rendering the Missouri Right to Work law null-and-void.
National Right to Work Foundation President Mark Mix commented,“As we have seen in states across the country, union bosses will do anything to preserve their forced dues powers over workers. The fact that these initiative petitions do not even mention Right to Work but would effectively wipe out Right to Work protections in Missouri tell you all you need to know about the union bosses’ true intentions.”
Two of the workers, Michael Briggs and Roger Stickler, are Kansas City police officers and are subject to a monopoly bargaining contract. Briggs and Stickler were nearly forced to pay fees to a union boss for the privilege of working even though they are not members of the union ‘representing’ them until they received free legal aid from the Foundation. The other plaintiff in the case Mary Hill is a nurse employed in the state.
All the plaintiffs would be directly affected by the passage of any of the union boss-backed ballot measures because they would lose their Right to Work without being compelled to subsidize a labor union.
Although required to draft summary statements to inform petition signers and voters of the effect of the proposed amendments, former Secretary of State Kander’ s midnight actions seem designed to hide from Missouri voters the ballot measures would put in Missouri’s constitution. None of the proposals even mention the Right to Work law that they are designed to nullify.
Political Kickback: Outgoing Secretary of State approved Big Labor-backed measures hours before leaving office
With the political climate suggesting that a Right to Work bill would likely to pass the Missouri Legislature in the coming weeks, and Governor Eric Greitens pledging to sign the bill into law, union bosses scrambled to put numerous initiative-petitions to kill the law on Big Labor friendly Jason Kanders desk for his approval before he left office. Secretary Kander unsuccessfully changed Senator Roy Blunt in the 2016 election
Secretary Kander approved all ten just hours before vacating his office. They would appear on the 2018 general election ballot if they obtain a sufficient number of voter’s signatures.
Mix added, “It is shameful that union bosses who claim to ‘represent’ workers are trying to kill a much needed and popular law before it is even passed by the legislature through a midnight political favor by a big labor-backed candidate.
The right of Missourians to get or keep a job without being forced to pay tribute to a union boss should not be in jeopardy because of insider political deals like this.”
Worker Wins Federal Election Commission Settlement After Money Diverted to Union Political Fund
Foundation-aided truck driver illegally forced to fund Laborers Political Action
Washington, DC – West Virginia worker Jeffrey Richmond finally has closure on a four-year legal battle in West Virginia that began with being forced to contribute to a union boss Political Action Committee and ended with being fired as retaliation. This past fall, in response to charges filed by Foundation staff attorneys against the company and the associated union, the Federal Election Commission assessed Penn Line Services, Inc. of West Virginia a fine as a civil penalty. The company was found guilty of illegally deducting union dues and PAC contributions from Richmond’s paycheck to send to LIUNA union officials and then retaliated against Richmond for objecting to the scheme.
In July 2012, nearly four years before West Virginia passed a Right to Work law, Penn Line hired Jeffrey Richmond as a driver/laborer. At the time, the company had a monopoly bargaining agreement in force with the Laborers International Union (LIUNA), Local 453. Richmond was not a member of LIUNA and did not authorize any form of payroll deduction.
Several months later, Penn Line presented Richmond with a union membership form. On the provided mandatory union membership form was a section for payroll contributions to the LIUNA Political Action Committee. Under federal law, contributions to political action committees or political funds are completely voluntary and workers may refuse to contribute without fear of reprisal. Richmond agreed to join the union, signing the membership portion of the form, but chose not to authorize payroll deductions to the PAC.
However, Penn Line representatives, without authorization, deducted money from Richmond’s paycheck dating back to the date of his hiring so the money could go to the union PAC fund. Shortly after Richmond signed the membership form without the payroll deduction section, a Penn Line official informed him that the form was being returned to him for his authorization of the union PAC deductions. When Richmond refused, Penn Line immediately fired him, even though federal law clearly states that all PAC contributions must be completely voluntary.
NLRB Charges Filed
Richmond reached out to the Foundation, and with the assistance of Foundation staff attorneys filed unfair labor practice charges with the National Labor Relations Board (NLRB). The charges were investigated, and in 2013 Penn Line Service, Inc. was forced to settle. Under the terms of that settlement, Richmond was awarded back pay as damages, as well as reimbursements for items like uniforms.
“This scheme is a blatant example of the illegal confiscation of a worker’s money for union boss electioneering,” said Patrick Semmens, Vice President of the Foundation. “Further adding to the outrage, when this worker objected to the theft he was terminated as retaliation for standing up for his rights.”
Union and Company Officials Hit With FEC Complaint
Foundation staff attorneys also assisted in filing charges with the Federal Election Commission (FEC). The charges list the four counts where Penn Line and LIUNA brass violated Richmond’s rights. These counts include the numerous times where Penn Line officials refused to inform Richmond of his right to refuse to contribute to a PAC without reprisal, the failure to notify Richmond of the political purposes and nature of the deductions from his paycheck, and the illegal termination of his position despite his religious objection status.
The FEC investigated the charges against Penn Line, Laborers International Union, and LIUNA Local 453, determining that Penn Line had illegally deducted union dues from workers for political purposes without giving the workers an opportunity to object, violating the workers’ rights. The FEC issued a conciliation agreement in October of last year that fined Penn Line the sum of $5,500. Despite the Foundation’s FEC charges specifically denoting the involvement of LIUNA officials, the charges laid against LIUNA International and the LIUNA Local 453 union officials were dropped.
This is not the first time that FEC charges have been filed against a union for funding political action through illegal dues deductions or mishandling of funds. Following a complaint filed by Foundation staff attorneys in 2007 against Americans Coming together, an SEIU “527” group, the FEC levied record fines albeit not large compared to the hundreds of millions of dollars involved in the case.
“Under Foundation-won court precedent, workers have the right to refuse to pay for political and ideological union activities,” continued Semmens. “This sort of dramatic overreach of power by union officials is what laid the groundwork for West Virginia to become the 26th Right to Work state early last year.”
The Foundation created a special task force last year to defend and enforce West Virginia’s newly-passed Right to Work law. Foundation staff attorneys are offering free legal advice and aid to Mountain State workers seeking to exercise their rights as guaranteed by the Right to Work law to refrain from union membership and union dues payment. In addition, Foundation staff attorneys are currently defending the West Virginia Right to Work law in state court against a lawsuit by multiple union officials seeking to overturn the law ending Big Labor’s power to have a worker fired for refusing to pay union dues or fees.
Foundation Launches Task Force to Defend New Kentucky Right to Work Law
Foundation staff attorneys prepare to defend and enforce the 27th Right to Work law from union boss attacks
Springfield, VA –The National Right to Work Foundation announced the creation of a special task force designed to defend and enforce Kentucky’s newly-enacted Right to Work law immediately after Kentucky Governor Matt Bevin signed the bill into law on January 7 to make Kentucky the 27th Right to Work state.
The Foundation is offering free legal aid to Bluegrass State workers seeking to exercise their new rights to refrain from union membership and union dues payments. Foundation staff attorneys are also preparing for lawsuits filed by union officials seeking to overturn or delay the new Right to Work protections for employees.
The law took effect immediately and applies to collective bargaining contracts entered into, extended, or renewed on or after January 7, 2017. Any worker in a contract in effect before January 7, 2017, may still compelled to either pay union dues or fees but employees seeking to exercise their rights should contact the Foundation to explore their legal options.
Unfortunately, union officials often try to stymie independent-minded workers seeking to exercise their rights under Right to Work laws.
“As we’ve seen in recent new Right to Work, union bosses try to make it as hard as possible for workers to exercise their right to refrain from paying any union dues or fees, or resign union membership. Right to Work laws are only words on paper unless they are vigorously enforced, which is why the Foundation has launched this special task force,” said Patrick Semmens, Vice President of the National Right to Work Foundation.
“Even if Big Labor lawsuits will ultimately fail to overturn the law, union officials hope a ruling by a friendly judge or just the lawsuit itself will create confusion that results in workers not exercising their new legal protections to cut off all payments to the union. That’s the playbook we’ve seen in Indiana, Michigan, Wisconsin and West Virginia, and what we are prepared for in Kentucky.”
Enforcing New Right to Work Laws Key Part of Foundation’s Mission
The Foundation has a long history of assisting employees seeking to exercise their Right to Work protections. Defending and enforcing Right to Work protections has long been one of the most critical tasks undertaken by Foundation staff attorneys.
After the passage of a Right to Work law in Indiana in 2012, union bosses sought to wipe out the law with 2 lawsuits in State Court and one in Federal Court. Foundation staff attorneys submitted amicus curiae briefs in both State Court cases and conferred with lawyers about with legal arguments to make for the state of Indiana for the Federal challenge to Right to Work. All three lawsuits were dismissed and Right to Work was upheld.
In Michigan, which passed a state Right to Work law in 2013, foundation attorneys filed amicus curiae briefs in both a Federal lawsuit and a State lawsuit challenging the public sector portion of the Right to Work law. Both lawsuits were eventually dismissed. Additionally, foundation attorneys have filed over 88 actions for Michigan citizens seeking relating to workers seeking to exercise their Right to Work.
In Wisconsin which passed a state Right to Work law in 2015, foundation staff attorney’s submitted amicus briefs in both Federal and State court in response to union boss lawsuits that allege that Right to Work laws constitute an “illegal taking” of union resources. A Federal Judge struck down the Federal lawsuit and the State lawsuit is pending.
The Foundation also has a legal task force in West Virginia helping to assist in defending the Mountain State’s Right to Work law which went into effect last summer and is subject to a dubious union lawsuit at present.
“Big Labor union bosses are never willing to give up their forced-dues powers without a fight. We expect union bosses to try to tie up the law in the courts, but luckily our staff attorneys have a lot of experience defending Right to Work laws, which have always been upheld,” added Semmens.
Any Kentucky worker who has questions about his or her rights, or encounters any resistance or abuse while trying to exercise his or her workplace rights, is encouraged to contact Foundation staff attorneys for free legal aid.
Care Providers Ask High Court to Hear Forced ‘Representation’ Challenge
WASHINGTON, D.C – In early June, staff attorneys for the National Right to Work Legal Defense Foundation and Liberty Justice Center petitioned the U.S. Supreme Court to hear Hill v. SEIU. The case seeks to strike down a compulsory unionism scheme that grants Service Employees International Union (SEIU) officials exclusive monopoly “bargaining” powers with Illinois state government for thousands of Illinois caregivers – including many who never joined the union and oppose the union’s so-called ‘representation.’
In the petition to the Court for six Illinois personal-care and childcare providers, Foundation staff attorneys contend that the state law infringes on the providers’ First Amendment rights by forcing them to associate with a union they do not wish to join or support. Granting the union exclusive power to deal with the State of Illinois over caregiving practices violates the caregivers’ right to choose with whom they associate to petition their own government.
The caregivers’ petition to the Supreme Court in Hill follows the National Right to Work Foundation’s landmark 2014 Supreme Court victory in Harris v. Quinn, which was also filed for several homebased Illinois care providers. That decision prohibited union officials from collecting mandatory dues or fees from home-based caregivers.
The Hill petition argues that, although the Harris case dealt with compelled fees, because the Court ruled that the state’s justification for mandatory fees was insufficient under the First Amendment, the Supreme Court should strike down the compelled association on the same grounds.
The petition asks the Court to take the case so that it can apply the same standard to the First Amendment infringements created when state law forces home care providers to accept a government- appointed monopoly union agent against their will. Foundation staff attorneys have brought similar challenges on behalf of home and childcare providers in Massachusetts, Minnesota, New York, Oregon, and Washington State.
“It is outrageous that across the country state laws force home and childcare providers to accept unwanted ‘representation’ from a union they have no interest in joining or supporting,” commented Foundation Vice President Patrick Semmens. “This is a clear violation of providers’ freedom of association. We are hopeful that this case will build on the Foundation’s landmark 2014 victory in Harris v. Quinn and end these corrupt forced-unionism schemes for good.”
Like the other Foundation case petitioned to the Court on the same day, Janus v. AFSCME, Hill v. SEIU is on track for the Supreme Court to decide whether to hear it at its conference before the next term begins in the fall.
If four justices agree, the Supreme Court could announce soon after its September 25 conference that it will hear the case. The petition also argues that if the Court doesn’t take the Hill case right away, it should at least hold it pending a decision in the Janus case.
