Foundation Fires Back Against Biden NLRB ‘Card Check’ Mandate
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, May/June 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Brief challenges Labor Board’s attempt to expand coercive, anti-employee organizing scheme
New ‘card check’-friendly Biden NLRB rules could lock workers at Volkswagen’s Chattanooga, TN, production plant under union power without even a secret ballot vote, Mark Mix warned on Chattanooga’s local NBC station in February.
SAN FRANCISCO, CA – Union-label bureaucrats at the Biden National Labor Relations Board (NLRB) have pulled out all the stops in their attempt to foist union monopoly control on more workers. But perhaps no move from the Biden Labor Board has been as radical as its October 2023 ruling in Cemex Construction Materials Pacific.
In response, Foundation staff attorneys recently filed a brief at the Ninth Circuit Court of Appeals, exposing the NLRB’s sweeping power grab as a ploy to erode workers’ right to vote in secret on union representation. The Foundation is urging the Court of Appeals to overturn the NLRB’s controversial Cemex ruling.
In the August 2023 Cemex decision, the Biden-appointed NLRB majority gave union officials massive new powers to bypass a secret ballot vote among workers when trying to install union control at a workplace. The new standard effectively requires employers to accept a union’s claim to represent workers based on the coercive “card check” process.
Seattle Mariners Employee’s Case Reveals Unreliability of Card Check
Card check is a process that uses “authorization cards” solicited and collected by union organizers as a substitute for workers’ votes in a secret ballot election. The card check process lacks the security of a secret ballot vote and exposes workers to pressure tactics and intimidation from union officials who seek to secure enough authorization cards. Under the Biden Board’s new policy, employers’ options to insist on a secret ballot vote are limited and can be blocked by a union-requested ruling against the employer.
The Foundation’s brief discusses the struggle of Tami Kecherson, a Seattle Mariners retail employee who received free Foundation legal aid during her fight to remove a union in 2023, as a glaring example of card check’s unreliability in gauging workers’ true desires. Kecherson works in one of two retail shops that were under the control of the United Food and Commercial Workers (UFCW) union up until last year. UFCW union officials gained power over her work unit through a card check, but were then voted out by an overwhelming 50-9 margin once a secret ballot election Kecherson requested was held.
Kecherson was able to request a vote to challenge UFCW’s card check scheme under the auspices of the Election Protection Rule (EPR), a set of Foundation-supported reforms adopted in 2020. The EPR gives workers a 45-day opportunity to request a secret ballot vote to challenge a union’s card check-based claims of majority.
Secret Ballot Vote Leads to Union Ouster 50-9
The Foundation’s legal brief points out that Cemex will create more outrageous situations like Kecherson’s, where union bosses seize power over workers who would reject them if they had a chance to vote: “[UFCW’s] claim to majority support, based on authorization cards the union collected, was totally refuted when tested in the crucible of a secret ballot election.
“Yet under Cemex, the NLRB will routinely impose compulsory union representation on employees based on card checks and without a secret-ballot election,” the brief argues.
Foundation Warns Workers They Could Be in Crosshairs of Cemex
Union bosses may soon use the Cemex standard to overturn elections in which workers reject unionization, or deny workers opportunities to vote in secret entirely. United Auto Workers (UAW) union officials, who are waging a number of aggressive card check-based unionization campaigns at auto factories primarily in the South, already seem to be laying the groundwork for capturing these workplaces using Cemex.
For example, UAW union officials are trying for the third time in a decade to unionize Volkswagen’s (VW) large production plant in Chattanooga, TN. They’ve already filed four unfair labor practice charges against VW management that the NLRB could use as rationales for tossing an employee vote if the election doesn’t go the union’s way. The UAW’s aggressive campaign appears to be employing similar tactics at other non-union facilities, including some run by Tesla and Mercedes-Benz.
Cemex Is a Disgrace to Worker Freedom
The Foundation issued a legal notice to Chattanooga VW workers in February, warning them that UAW bosses can manipulate Cemex to nullify their vote, and that employees have the right to revoke any union cards they might have signed during the card check drive.
“The NLRB’s ruling in Cemex is an insult to American workers, all of whom should have the unfettered right to vote in secret on whether union bosses deserve to have control over them,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “It’s clear from Ms. Kecherson’s situation and many other Foundation cases that the ‘card check’ process pushed by Cemex is merely a tool to expand union ranks.”
Foundation: Under Janus, Union Boss “Release Time” Violates AZ Constitution
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
So-called “official time” scheme puts tax dollars toward union politics, says Foundation brief
Foundation attorneys argue before the Arizona Supreme Court (above) and Texas Supreme Court that Janus’ ban on forcing public workers to fund union activities shows why state constitutions forbid the same coercion applied to taxpayers.
PHOENIX, AZ – The National Right to Work Foundation-won Janus v. AFSCME Supreme Court decision provided massive new protections for American public employees’ free association rights. In 2018, the Court recognized for the first time that forcing a public employee to pay union dues just to keep his or her job is a First Amendment violation.
The Janus decision, buoyed by National Right to Work Foundation follow-up enforcement actions, means today well over half a million public employees are free of mandatory union payments. Yet, the implications of Janus go even beyond the billions of dollars in previously mandatory dues payments that union bosses can no longer force workers to pay.
Underpinning the Janus ruling was Foundation attorneys’ core argument that all public sector union activities involve influencing the government, and are therefore inherently political speech. Because of this, Foundation staff attorneys now argue that applying Janus to the practice known as union “official time” or “release time” — where government union officials are paid tax money to conduct union business instead of government work — shows how the scheme violates multiple state constitutions.
Foundation Attorneys Bring Janus Expertise to Public Employee Lawsuit
In Arizona for example, Phoenix city employees Mark Gilmore and Mark Harder sued Phoenix mayor Kate Gallego in 2023 for engaging in a scheme that redirects taxpayer funds intended for public employees’ compensation toward political advocacy conducted by American Federation of State, County and Municipal Employees (AFSCME) Field II agents.
That case, Gilmore v. Gallego, is now before the Arizona Supreme Court, where Foundation attorneys filed a legal brief arguing that this so-called “release time” scheme violates Arizona’s Gift Clause, which forbids the government from paying out benefits to private parties that serve no public purpose.
The brief points out that, in Janus, the Supreme Court found that all government union bargaining is a form of lobbying designed to influence public policy for the benefit of the union. That means taxpayer subsidies of such union activities inherently violate the Arizona Constitution’s Gift Clause.
Phoenix’s Arrangement Pays Union Bosses to Lobby City
Phoenix’s “release time” scheme funnels taxpayer money into four full-time positions for union officials for the purpose of conducting union business, creates a bank of over 3,000 paid hours to be used by other union official employees for union purposes, and provides multiple other perks for union agents.
The policies unions lobby for “often are matters of substantial public concern, such as how much money the government expends on wages and benefits,” the Foundation’s brief reads. With its release time policy, the City is effectively paying individuals to lobby the City for a private advocacy organization and its members. The notion that this political advocacy serves a public purpose is untenable.”
Foundation attorneys are backing a similar lawsuit at the Texas Supreme Court. In Roger Borgelt v. City of Austin, Texas taxpayers are fighting a scheme that City of Austin officials are using to direct taxpayer dollars to Austin Firefighters Association union officials to conduct union business.
“Union bosses, who will often screech about ‘corporate welfare,’ are more than happy to arrange so-called ‘release time’ schemes in which taxpayer dollars are funneled toward supporting their massive lobbying efforts,” stated National Right to Work Foundation Vice President and Legal Director William Messenger. “Janus made it plain and simple that compelling public sector employees to fund union activities constitutes forced political speech, and courts everywhere have an obligation to declare such compulsion illegal when foisted on taxpayers.”
NYC Electrical Workers Prevail in Year-Long Battle to Kick Out Union
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Union and NLRB colluded to stop worker vote with unsupported allegations
Shloime Spira and his coworkers fought for months against IUJAT union allegations designed to stop him and his coworkers from ousting the union — only to see NLRB officials admit there was no evidence at all to support them.
NEW YORK, NY – National Labor Relations Board (NLRB) bureaucrats frequently rush to advance flimsy union boss allegations (or “blocking charges”) as a justification for stopping or delaying employees’ efforts to remove an unwanted union. Yet as a recent Foundation decertification victory for a group of workers in New York City demonstrates, sometimes NLRB officials get especially creative when it comes to assisting union bosses’ efforts to trap workers in unionization they oppose.
Take the obstacles Shloime Spira and his colleagues, who work for Brooklyn, NY-based contracting company Horsepower Electric, faced in their effort to remove the International Union of Journeymen and Allied Trades (IUJAT) from their workplace. In December 2022, Spira submitted a petition asking the NLRB for a vote to decertify the union.
Labor Board Stalled Litigation to Keep Union in Power
The petition contained the requisite number of employee signatures to trigger such a vote. While the vote eventually took place in March 2023, NLRB bureaucrats sat for months on charges that IUJAT officials had levied against Horsepower Electric management, which delayed the ballot count and permitted IUJAT union officials to stay in power. Months later, following litigation at the NLRB and in federal court, it became apparent the NLRB lacked any evidence that could justify that delay.
Spira received free legal aid from the National Right to Work Legal Defense Foundation in defending his coworkers’ right under federal law to remove the union, and in suing the NLRB for the delays. Only at the end of 2023, after a year of delays and litigation, did IUJAT union officials finally back down and file a “disclaimer of interest” to end their control over the Horsepower Electric workers.
“While my colleagues and I are pleased with this result, it’s simply ridiculous that the NLRB sat on our ballots for so long over union charges that were apparently meritless,” Spira commented on his experience. “The NLRB is supposed to protect employees’ right to choose whether or not they want a union, not delay that process indefinitely to maintain union officials’ power.”
Federal Court Action ‘Shocks’ Labor Board into Ending Delays
Union “blocking charges” contain claims of employer misconduct that are usually unverified and often have no connection to employees’ desire to vote out the union. NLRB officials inexplicably refused to hold a hearing or otherwise advance the IUJAT’s “blocking charge” case for months, effectively using it as a pretense for delaying the vote count in Spira and his coworkers’ effort to remove the union.
The delayed ballot count meantIUJAT union bosses stayed in power, and also meant that forced union dues continued to flow out of Spira and his colleagues’ paychecks. Because New York lacks Right to Work protections that make union affiliation and financial support strictly voluntary, union bosses could force the Horsepower Electric workers to pay the union as a condition of keeping their jobs.
Eventually, the NLRB faced a federal lawsuit in the Eastern District of New York, alleging due process violations because the delay in the “blocking charge” case was being used to justify the delay of the decertification ballot count. That case, initially bought by the employer, was soon joined by Spira who successfully intervened with the help of his Foundation attorneys. The District Court demanded an explanation from the NLRB about the delay.
NLRB Agents Found Zero Witnesses to Back Union ‘Blocking Charges’
Faced with the threat of a federal court order to proceed with the ballot count, NLRB officials finally moved forward on the “blocking charge” case. But just minutes before a December 2023 hearing the NLRB had scheduled in the case — which Spira’s Foundation-provided attorneys had traveled all the way to New York to attend — NLRB lawyers conceded they could produce no witnesses to testify in support of the union’s charges against Horsepower Electric.
The NLRB formally dropped its complaint against Horsepower Electric that very day, clearing the way for the ballots to be counted. To avoid facing a vote result that would have very likely been an embarrassing loss, IUJAT union officials announced a “disclaimer of interest” that would finally result in the union leaving. With the union conceding defeat, both the NLRB and federal cases surrounding the union decertification election wrapped up in January.
Workers’ Struggle Shows NLRB Needs Reform
“That union officials were so easily able to manipulate NLRB processes to block Mr. Spira and his colleagues from exercising their basic right to choose whether they want union representation shows that the agency is desperately in need of reform,” commented National Right to Work Foundation Vice President Patrick Semmens. “It is outrageous that it took a federal court case to force the NLRB to admit that it had no evidence to back up union officials’ allegations that were being used to trap workers in a union they opposed.
“Worker free choice is supposed to be the center of the National Labor Relations Act. Foundation attorneys will continue to defend this principle, even as the Biden Labor Board continues to grant union officials sweeping new powers to coerce workers into union ranks,” Semmens added.
CA Fire Safety Inspector Wins Reinstatement, Back Pay After Union-Instigated Firing
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
IUOE tried to compel union membership, settlement now mandates $9,000+ payout
Beaming: Fire safety inspector Alexandra Le can now return to her vital work knowing her rights are fully vindicated. Her settlement goes beyond reinstatement and provides refunds of illegal dues.
PLEASANTON, CA – Even in states like California that lack Right to Work protections, U.S. Supreme Court precedents forbid union bosses from compelling workers to become full union members. Thanks to the National Right to Work Foundation-won CWA v. Beck Supreme Court decision, workers in non-Right to Work states who wish to abstain from formal union membership also can’t be required to pay union dues for expenses beyond what the union claims goes toward its bargaining costs.
Union bosses have a legal obligation to inform workers of these rights. But that wasn’t the experience of Pleasanton, CA, fire safety inspector Alexandra Le, whom International Union of Operating Engineers (IUOE) officials got fired over her refusal to formally join the union in late September 2023. On top of that, union chiefs also deducted full union dues from her paycheck without her permission in violation of Beck — meaning she was likely paying for union political activities against her will.
IUOE Officials Backed Off Illegal Demands Following Foundation Involvement
Le sought out free legal aid from Foundation staff attorneys, who filed unfair labor practice charges for Le at National Labor Relations Board (NLRB) Region 32 in Oakland, CA. “It’s outrageous that IUOE union officials believe they can get me fired simply because I don’t agree with their organization and don’t want to support or affiliate with them,” Le said at the time. “IUOE union officials have been far more concerned with consolidating power in the workplace and collecting dues than caring about me and my coworkers, and I hope the NLRB will hold them responsible for their illegal actions.”
Rather than defend their blatantly illegal actions against Foundation staff attorneys, IUOE union officials backed down in January and settled the case. Now, as per the settlement, Le’s employer (Construction Testing Services) must reinstate Le, and both the union and company must jointly pay out to her over $9,000 in back wages and benefits.
Employee Highlights Struggle Against Forced Dues to U.S. House of Representatives
As Le’s case was ongoing, Le sought to expose the injustices that forced-dues and forced-membership demands impose on workers. Le submitted written testimony to the U.S. House of Representatives’ Committee on Education and the Workforce for a November hearing on a federal law which aims to expand Right to Work protections and make union dues and membership strictly voluntary nationwide.
In her testimony, she described the impact the illegal union-instigated firing had on her life: “My absence significantly set me back from a financial standpoint and has led to the stressful process of having to fight for my rights via the legal process . . . [a]nd while the union fees cause a notable decrease in my hard-earned take-home pay, the time lost and stress incurred by asserting rights that I had to discover independently has been equally detrimental.
“Simply put, nobody should be forced to join or pay any dues or fees to a union that they do not want to join,” Le concluded.
Despite Legal Victory, CA Workers Need Right to Work
Foundation attorneys’ favorable settlement for Le goes far beyond requiring just reinstatement and back pay from the company and union. The settlement also dictates that the company will only deduct the reduced Beck amount of union dues from Le’s paycheck going forward. The union will also waive fees totaling roughly $1,700 that its officials tried to force Le to pay from the time her case began back to the date of her hiring.
“Ms. Le’s battle to protect her freedom of association from IUOE union officials is courageous, but no worker should ever have to fight this hard to protect their livelihood from dues-hungry union officials,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “It’s also unfortunate the Golden State’s lack of Right to Work permits the same IUOE bosses who instigated her illegal firing to collect mandatory union fees from her.
“Workers themselves — not union bosses — should be in charge of determining whether a union is worthy of receiving their hard-earned cash,” Messenger added.
Healthcare Employees in PA, MN Oust Unions with Foundation Aid
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Over 270 workers now free of AFSCME at Philly hospital; Steelworkers union booted in MN
After being told by a union official that “the union isn’t going anywhere,” outpatient service coordinator Shidiah Jackson (back right) and her coworkers led a successful effort to kick the AFSCME union out of St. Christopher Hospital.
PHILADELPHIA, PA – In December 2023, National Right to Work Foundation-supported workers added two new victories to the growing string of successful union decertification efforts around the country.
In Philadelphia, a 270+ worker unit comprised of medical assistants, office coordinators, medical secretaries, and many other support employees voted by a nearly 60% margin to remove the American Federation of State, County and Municipal Employees (AFSCME) union from St. Christopher’s Hospital for Children.
Outpatient service coordinator Shidiah Jackson led the union decertification effort with free legal advice from the Foundation.
In Austin, MN, patient care specialist Erin Krulish and other support workers at the Austin Mayo Clinic location forced Steelworkers union officials out of their facility. That ouster follows multiple recent union removals involving other Minnesota healthcare employees, including nurses at Mankato Mayo Clinic, support staff at Mankato Mayo Clinic, and nurses at St. James Mayo Clinic, all of whom received free Foundation legal aid.
Both Krulish and Jackson kick-started these efforts by submitting decertification petitions to the National Labor Relations Board (NLRB). Each petition contained enough signatures from employees interested in having a union removal vote to prompt the NLRB to hold such a vote.
Healthcare Professionals Free of Monopoly Bargaining and Forced Dues
Both Pennsylvania and Minnesota lack Right to Work protections for their private sector workers, meaning that union officials had the power to enter into contracts with management that would force Krulish, Jackson, and their coworkers to pay union dues or fees just to keep their jobs. In contrast, in Right to Work states, union membership and all union financial support are strictly voluntary.
Steelworkers Officials Depart MN Clinic to Avoid Likely Embarrassing Vote
If a majority of workers vote against a union in a decertification vote or otherwise force a union out, the union loses not only its ability to demand forced dues from employees, but also its monopoly bargaining power.
Such power permits union officials to dictate the contract provisions of all employees in a unit, even those who oppose or voted against the union’s presence in the first place.
The effort by Krulish and her coworkers at Mayo Clinic Austin to remove the Steelworkers union was unique in that they had already stripped union officials of their forced dues power through a “deauthorization election,” which can be petitioned for in the same way as a decertification election. In December 2022, Krulish and her fellow employees voted 49-17 to revoke the union’s power to compel them to pay dues.
Deauthorization is the only way employees in non-Right to Work states can stop a union from seizing dues from workers as a condition of employment, outside of completely decertifying the union.
Krulish and her coworkers resorted to this option because the NLRB’s questionable “contract bar” doctrine prevented them from kicking the union out in December 2022, simply because the union’s contract was still active.
After experiencing a big loss in the deauthorization election, Steelworkers officials likely knew another devastating defeat was coming after Krulish filed her decertification petition. They departed the hospital before the election could take place.
Philly Workers Reject One-Size-Fits-All Union Bureaucracy
In an interview with The Philadelphia Inquirer, Jackson related that she had no contact with the union until she tried to ask for a raise she felt she had earned, at which point hospital administrators said her salary and benefits were a union matter. When she voiced her displeasure with the situation to the union and asked what the union actually did for her, a union official suggested her views didn’t matter anyway because “the union isn’t going anywhere.”
“OK, we’ll see about that,” she told the union agent, according to the Inquirer. Soon after, she proceeded with her decertification effort, which ultimately resulted in the overwhelming vote among her colleagues for ending the union’s so-called “representation.”
“It seems that American medical employees are discovering that union officials’ one-size-fits-all ‘representation’ doesn’t always work to their benefit, nor does it help them take better care of their patients,” commented National Right to Work Foundation President Mark Mix. “It’s easy to see why healthcare workers would want to avoid compulsory dues payments, or being ordered to strike and abandon their patients during a busy time.
“Those in the healthcare industry should know that they have a right to petition the NLRB for a vote to remove a union, and that National Right to Work Foundation staff attorneys can assist them through this daunting process,” Mix added.
DC-Area ‘Union Kitchen’ Employees Vote 24-1 to Remove UFCW Union
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Foundation now defending workers against union attempt to overturn employee vote
Union Kitchen, a unique grocery concept that helps local DC entrepreneurs get their food products to market, was the target of a dangerous UFCW picket scheme.
WASHINGTON, DC – Ashley Silva, an employee at independent DC-area food store Union Kitchen, could sense in July 2023 that her coworkers had had enough of the United Food and Commercial Workers (UFCW) union in their workplace.
UFCW union officials had been ordering contentious boycotts and pickets on the stores, and some of the demonstrations even required police intervention after union picketers blocked store exits.
“The vast majority of the workers at Union Kitchen are sick and tired of the UFCW’s picketing, harassment of employees, and constant disruptions of our day-to-day work life,” Silva said at the time.
Despite Searing Worker Rejection, UFCW Bosses Trying to Cling to Power
With free legal aid from the National Right to Work Foundation, Silva filed a decertification petition with the National Labor Relations Board (NLRB), asking the federal agency to hold a vote among the employees of Union Kitchen’s five stores on whether the union should be ousted. The vast majority of her coworkers signed the petition.
UFCW union officials levied allegations against Union Kitchen management in an attempt to stop the vote from happening. Despite some delays, Silva and her coworkers cast ballots in October 2023, and a January 2024 vote count revealed that she and her colleagues had voted against the union 24-1.
The union challenged eight employee ballots, meaning the full tally of votes against the union is most likely 32-1.
Once the NLRB certifies this election result, Silva and her coworkers will be free of the union. However, in an attempt to stop this, UFCW officials continue to press the “blocking charges” against Union Kitchen management that they filed at the NLRB before the vote, and have also piled on objections to the election that contain the same basic accusations as the blocking charges.
Blocking charges are often unverified or unrelated charges of employer misconduct that union officials can manipulate to stall a ballot count or a certification of results in a union decertification case.
If the NLRB issues a complaint against an employer based on a union’s “blocking charges,” the decertification process is halted.
Foundation Will Fight UFCW Bid to Overturn Vote
Foundation staff attorneys are defending Silva and her colleagues’ victory at the ballot box from UFCW union officials’ bald-faced attempts to oppose their will.
“We’re happy that Ms. Silva and her coworkers were finally able to exercise their right to vote out a union they oppose,” commented National Right to Work Foundation Vice President Patrick Semmens. “It’s unfortunate, though hardly surprising, that despite such an overwhelming rejection UFCW union officials won’t take a hint and stop attempting to impose their unwanted so-called ‘representation’ on Union Kitchen employees.
“The Foundation is proud to defend Silva and her coworkers against these union tactics as they seek freedom from coercive unionism,” Semmens concluded.
Foundation-Aided Employees Tell Congress: All Workers Need Right to Work
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Workers’ real-life battles against union bosses emphasize need to end forced union dues
Foundation clients Brunilda Vargas (left) and Jeanette Geary (right) testified to Rep. Bob Good (center) and other members of the House Education and Workforce Committee about the danger forced dues still pose to America’s workers.
WASHINGTON, DC – In November, two recipients of National Right to Work Foundation free legal representation went to Capitol Hill to testify before the U.S. House Committee on Education and the Workforce about their battles against union bosses.
This was the first-ever congressional hearing on the National Right to Work Act, legislation that will safeguard American private sector workers’ freedom to refrain from paying dues to an unwanted union.
Jeanette Geary, a retired nurse, and Brunilda Vargas, a Philadelphia-based public defender, both successfully challenged illegal forced-dues demands with Foundation aid. Their testimony at the hearing, alongside Foundation President Mark Mix, gave policymakers stark examples of how union officials often manipulate their forced-dues powers to advance coercive agendas over the objections of workers.
Vargas, Geary Share Stories of Union Coercion
The current federal law governing most private sector workers in America — the National Labor Relations Act (NLRA) — grants union bosses the power to force workers to pay union dues just to keep their jobs. Only by passing Right to Work laws can states protect workers covered by the NLRA from forced dues.
Meanwhile, airline and railroad employees covered by the Railway Labor Act (RLA) can be required to pay union dues no matter where they work because federal law prevents them from being covered by state Right to Work laws. The one-page National Right to Work Act discussed in the hearing would repeal the portions of both the RLA and NLRA that authorize union officials to require union payments as a condition of employment.
“We’re proud and thankful that Ms. Geary and Ms. Vargas both agreed to testify before Congress on the struggles independent-minded workers face every day because of federal law’s lack of protection for worker freedom,” Mix commented. “Union bosses and their allied politicians don’t want to hear it, but the truth is rank-and-file workers are the victims of Big Labor’s government-granted coercive powers, which makes the stories of those victims especially powerful.”
Geary discussed her struggle against United Nurses and Allied Professionals (UNAP) union bosses, who subjected her and her fellow nurses in Rhode Island to an illegal scheme in which they were compelled to pay for union political expenditures, including lobbying in state legislatures. Geary fought UNAP union officials over the illegal dues demands for 12 years with free legal representation from Foundation staff attorneys. She finally prevailed in 2021, when the First Circuit Court of Appeals unanimously ruled in her favor and rejected a union appeal.
Vargas and Geary: Unions Purposely Hide Rights from Employees
“Unions do not tell employees about their rights because union officials have no incentive to do so, and regular employees without lawyers . . . are left to fend for themselves,” Geary testified before the House Committee. “This is America, and membership in a union and payment of dues should be strictly voluntary.”
Vargas testified about her case against United Auto Workers (UAW) union officials, who threatened to dock the salary of her and any other public defender in her office who refused to let the union seize money directly from their paychecks. Under federal law, even in forced-dues states, union officials must obtain express consent from workers before taking dues money by direct deduction. With Foundation legal aid, Vargas secured a favorable finding from the National Labor Relations Board (NLRB) that initiated a formal prosecution against the union. Eventually, UAW union bosses were forced to settle the matter and end their illegal conduct.
“As attorneys, we do have a level of sophistication when it comes to the law and legal processes. However, I cannot imagine a lay person having to face this type of pressure. I believe that most people sign union membership and authorization cards because they believe they have no choice, and they are often told that,” Vargas testified.
Puerto Rico Union Bosses Try to Dodge Consequences of Janus Lawsuit
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Worker still battling scofflaw union officials who tried to saddle him with restraining order
PRASA employee Reynaldo Cruz didn’t back down after UIA union officials tried to foist a specious restraining order on him. He isn’t backing down in the face of UIA union officials’ Janus violations either.
SAN JUAN, PR – When Reynaldo Cruz, an employee of the Puerto Rican Aqueduct and Sewer Authority (PRASA), made a Facebook post referring to a chapter president of the Authentic Independent Union of Water and Sewer Authority Employees (UIA) as “lazy,” the chapter president tried to hit him with a restraining order.
“A UIA union official targeted me with a restraining order for daring to speak out against the union, which is my free speech right,” commented Cruz. “That’s ridiculous coming
from union officials who claim to ‘represent’ me and my coworkers.”
National Right to Work Foundation staff attorneys in October 2023 defeated the UIA official’s specious argument that the court should issue a restraining order against Cruz because he
would have had to “stalk” him to know of his laziness. But Cruz’s battle against the UIA union is far from over.
District Court Refuses to Crack Down on Obvious Janus Violations
Cruz is currently challenging a decision by the District Court of Puerto Rico in his years-long case to reclaim dues money that UIA union officials took unconstitutionally from his paycheck.
The District Court made the puzzling move of dismissing Cruz’s suit as “moot” after UIA officials deposited money due to Cruz with the Clerk of the District Court of Puerto Rico. In his motion to alter and amend the judgment, Cruz argues that because the court has not decided any of his underlying claims or entered a judgment in his favor, he has no entitlement to and cannot seek or obtain that money. Cruz is also appealing the District Court’s dismissal of his suit to the First Circuit Court of Appeals in Boston, MA.
“Until the Court enters a declaratory judgment for Cruz, Cruz’s injury-in-fact will persist because Cruz has not received monetary relief and the Court has not entered judgment for Cruz entitling him to the UIA deposit,” Cruz’s motion reads.
Cruz argues in his suit that various provisions of the Puerto Rico Labor Relations Act, which UIA union bosses relied upon to take money from his paycheck, violate the First Amendment. In 2018, the Supreme Court ruled in the landmark Foundation-won Janus v. AFSCME case that public employees have a First Amendment right to opt-out of dues payments to
an unwanted union, and that public employees must waive this right before any dues are deducted from their paychecks.
Cruz’s Janus lawsuit began in 2017, after UIA officials responded to his request to end his union membership and stop dues payments by telling him that he could only cut ties with the union if he left his current job. In addition to naming the UIA, Cruz’s lawsuit also names the Governor of Puerto Rico in his official capacity as Cruz is also challenging the constitutionality of Puerto Rico’s laws authorizing mandatory dues and so-called “maintenance of membership” agreements.
The Janus case was decided as Cruz’s case was ongoing. The Justices definitively ruled that requiring public sector employees to pay union dues as a condition of employment violates their First Amendment free association rights.
The Puerto Rico District Court issued its ruling on October 17, 2023. In addition to not entering a judgment for Cruz deciding his entitlement to the unconstitutionally seized money, the Court also didn’t reach a conclusion on the constitutionality of the Puerto Rico law authorizing mandatory dues payment and membership, nor did it require the UIA union to abandon anti-Janus contract provisions.
Union Bosses Must Be Made to Comply with Janus
“The ruling in Mr. Cruz’s case poses serious issues for public employees across Puerto Rico and across the country,” commented National Right to Work Foundation Vice President Patrick Semmens. “If allowed to stand, it creates a precedent in which workers get no relief when union bosses seize money unconstitutionally from their hard-earned pay, and in which laws that authorize such illegal dues deductions are allowed to stand despite Janus unambiguously prohibiting them.
“Foundation staff attorneys will continue to fight for Mr. Cruz until his rights are vindicated and he gets a judgment awarding him the money he is constitutionally entitled to,” Semmens added.
Foundation Brief Exposes ILA Union Scheme to Destroy 270 Nonunion Port Jobs
Note: After this article was originally published, the Supreme Court declined to hear the case. The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Biden NLRB gutted union boycott prohibition under guise of ‘work preservation’
Despite employing hundreds of both union and nonunion employees and being a big boon to the Palmetto State’s economy, ILA union bosses want to shut down Charleston’s Leatherman Terminal until they gain a monopoly on jobs at the port.
CHARLESTON, SC – Charleston’s Hugh K. Leatherman shipping terminal represents the State of South Carolina’s roughly $1 billion investment to expand the state’s shipping sector. The terminal sports five massive ship-to-shore cranes, which rank among the tallest on the East Coast. Nonunion crane operators — state employees who have handled such work since Leatherman opened in 2021 and for years before that at other port facilities — work alongside unionized private sector employees to keep the port running.
But union bosses of the International Longshoremen’s Association (ILA) think that the port should be effectively shut down until they get control over all jobs at the facility — even the crane jobs that the union’s members have never performed. They’ve backed up that coercive vision by suing any cargo carrier that docks at Leatherman until the union gains control of
all crane lift equipment jobs at the facility. In December 2022, the Biden National Labor Relations Board (NLRB) outrageously ruled 2-1 against a challenge by the South Carolina Ports Authority (SCPA), holding that ILA union bosses’ secondary boycott scheme was lawful. Then the U.S. Court of Appeals, also by a 2-1 vote, affirmed that disastrous ruling.
Foundation Highlights Workers’ Plight After Disastrous Decision
As the U.S. Supreme Court now decides whether to hear the case, National Right to Work Foundation staff attorneys filed a legal brief with the High Court highlighting how the Biden NLRB’s rejection of longstanding precedent will let 270 nonunion state employees at Leatherman be put out of work. That’s despite them having done nothing wrong when performing crane work exactly as they have for years.
“In short, the decisions below, if affirmed, will cause grievous harm to 270 non-union Ports Authority workers and their families,” the brief reads. “The Foundation submits this brief to provide a voice for the otherwise voiceless non-union Ports Authority workers, so the Court has a clear view of the stakes involved for the workers and their families if the decisions below stand.”
Job-Destroying ILA Union Gambit Breaks Federal Law
The brief states that the ILA union’s scheme, if allowed to continue, would require South Carolina to both fire the nonunion state employees of the port, and then turn control of crane jobs over to a private company with an ILA union contract. That’s because South Carolina protects its public sector employees by banning union monopoly bargaining.
If the union’s gambit succeeds, the devastating effects for current employees would go beyond just getting fired. The brief reveals that, even if terminated state workers were to seek new employment at Leatherman with the private company under the union’s control, the ILA would likely give hiring priority to its existing unionized workers above the former state workers under the union seniority provisions and hiring hall referral rules contained in the contract.
“Crane and lift operators who have spent years as non-union Ports Authority employees will likely find themselves at the bottom of any ILA hiring hall list behind the union’s 2,000 current members,” the brief notes.
Additionally, the brief points out that the ILA union’s scheme violates the prohibition on secondary boycotts in the National Labor Relations Act (NLRA), the federal law the NLRB is responsible for enforcing. Secondary boycotts involve union agents targeting a neutral employer (in this case, cargo carriers) in order to win a labor dispute that the neutral employer isn’t even party to.
Finally, the brief notes, by granting the ILA control over the jobs of state employees who have never chosen to affiliate with the ILA, the NLRB is undermining the NLRA’s fundamental premise of employee free choice — the rule that “the employees pick the union; the union does not pick the employees.”
Supreme Court Must Intervene to Defend Worker Rights
“ILA union officials have a well-earned reputation for valuing power over the well-being of workers,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “While pursuing monopolistic schemes like this that upend the livelihoods of innocent nonunion workers, union agents were also organizing deals in which mob-linked longshoremen from New York and New Jersey could get paid for 27 hours of ‘work’ per day.
“The ILA union’s gambit here should be deemed no less illegal than their interactions with mob members, and the Biden NLRB’s greenlighting such a scheme effectively invites other union bosses to try unlawful secondary boycotts that end with workers and businesses suffering needless harm,” Messenger added.
Foundation Blasts Biden Plan to Sneak Union Monopoly Power into Agricultural Sector
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Comments expose DOL rule’s rigging of agricultural visa program to favor union organizers
Julie Su — “acting” secretary of the Biden Labor Department due to bipartisan opposition barring her from the agency’s top job — is overseeing an attempt to sneak union boss power into the agricultural sector against Congress’ will.
WASHINGTON, DC – Federal labor policy in the United States provides a smorgasbord of powers to union bosses in the private sector, not the least of which are the powers to impose one-size-fits-all contracts on dissenting workers in a unionized workplace, and to force workers to pay dues in non-Right to Work states.
Traditionally that hasn’t been the case in the agricultural sector, where each state has the freedom to make its own labor policy. But in November 2023, the Biden Department of Labor announced a rule which could upend this balance and effectively impose on temporary agricultural employees portions of federal labor law that are overwhelmingly favorable to union bosses. The National Right to Work Foundation promptly filed comments exposing the slated rule as a Big Labor power grab.
Biden Admin Defies Congress by Granting Union Bosses Power Over Farmworkers
The proposed rule would assist union bosses with imposing monopoly bargaining privileges over temporary agricultural workers in the United States, including workers who don’t support a union. Among other things, the rule requires that employers fork over employee contact information at union bosses’ request — regardless of whether the union has any employee support. The proposed rule would also cajole employers into entering into so-called “neutrality agreements” with union bosses. “Neutrality agreements” typically require employers to censor information about the union and provide other aid to union bosses in their efforts to collectivize workers.
The comments cite multiple reasons as to why the Department of Labor lacks the legal authority to implement the proposed rule, such as the fact that Congress expressly excluded agricultural workers from federal labor statutes.
According to the comments, the Biden Department of Labor admitted in its rulemaking announcement that it is trying to impose parts of the National Labor Relations Act (NLRA) on
the agricultural sector, despite Congress’ intent.
“The Department not only lacks Congressional authorization to take this action, it is defying express Congressional intent to not subject these types of employees to provisions of the NLRA,” the comments state.
Comments: Union Power Grab Won’t Help Workers
The comments also point out that the provisions in the Department of Labor’s rule are unrelated to the rule’s stated purpose of helping agricultural workers avoid exploitation, and rather resemble a list of proposals to empower union officials at workers’ expense.
“The Department fails to explain how allowing unions to access employees’ personal information, to bargain for neutrality agreements, and to prevent employees from accessing information for and against unionization helps to alleviate the concerns identified in the proposed regulations,” the comments argue.
“The Department should not adopt the proposed regulation,” the comments conclude.
The Department of Labor’s notice of rulemaking comes as the Biden Administration is making a full court press to expand union boss legal privileges across the country. That includes the Biden National Labor Relations Board’s (NLRB) plan to wipe out the Foundation-backed Election Protection Rule, which eased the process by which workers could obtain votes to remove unpopular unions from their workplaces. The Biden NLRB seeks to make it more difficult for American private sector workers to exercise their right to remove unwanted unions, while giving union officials more tools to gain power in a workplace without even a vote.
“Despite the Department of Labor’s claims, the true underhanded goal of this rule is clear: handing union bosses more power to corral workers into union ranks, while cutting back on workers’ privacy and rights to resist unwanted unionization,” observed National Right to Work Foundation President Mark Mix.
“Temporary agricultural workers should not be used as pawns to expand union bosses’ sphere of control into the agricultural sector. But that’s exactly what the Biden Department of Labor is attempting in direct contradiction of the choice made by Congress not to subject such workers to federally imposed monopoly unionism.”