Atlanta-area Ecolab Employees’ Vote to Oust RWDSU Union One Step Closer to Being Certified
RWDSU officials who used litigation to nullify overwhelming worker vote against union at Alabama Amazon facility sought to do the same at Ecolab
Atlanta, GA (March 15, 2022) – Employees at chemical company Ecolab’s Atlanta-area location are one step closer to successfully removing Retail, Wholesale & Department Store Union, Southeast Council (RWDSU) union officials from their workplace.
Ecolab employee Irvin Arnold in October 2021 submitted a “decertification petition” signed by his colleagues, which prompted the National Labor Relations Board (NLRB) to conduct an election at his workplace on whether the union should be scrapped. Arnold received free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
Ecolab employees voted in December 2021 to send RWDSU officials packing from the plant. However, RWDSU officials filed objections after the election in an attempt to reverse the workers’ exercise of their right to dispense with the unwanted union.
After a hearing and the filing of briefs, a regional NLRB official ruled on March 11 that “the Union’s objections should be overruled in their entirety,” and that Arnold and his coworkers’ vote to oust the union should be certified.
Foundation-backed Reforms Prevented RWDSU Chiefs from Blocking Employee Vote
The Ecolab employees’ push to remove RWDSU officials benefitted from Foundation-backed changes to union election rules that the NLRB adopted in 2020. Before the reforms, union bosses were often able to delay decertification elections for months or even years by filing “blocking charges,” sometimes repeatedly.
“Blocking charges” are often unverified and unrelated allegations of employer misbehavior that union officials regularly manipulate to stop workers from booting them from a facility.
As a result of the changes, in most circumstances union officials’ “blocking charges” cannot stop a vote from being promptly scheduled, and are generally dealt with after the ballots have been counted and the tally announced.
The RWDSU is notably the same union that Bessemer, AL, Amazon employees rejected by a more than 2-to-1 margin during a highly publicized April 2021 union election. However, the NLRB voided the result and ordered a rerun election after an intense litigation effort by RWDSU lawyers to install the union at the plant over worker opposition. Barely 12% of eligible voters indicated support for union bosses’ monopoly “representation.”
Alabama Amazon workers are now casting ballots in the new election, with counting slated to begin March 28.
Foundation attorneys recently aided another group of workers in removing unwanted RWDSU union officials. In October 2021, Ervin Par of Queens, NY-based Main Street Car Wash submitted the second valid decertification petition in his and his coworkers’ three-year attempt to remove RWDSU bosses from their workplace. Rather than face an employee vote that would have likely ended in defeat, RWDSU officials disclaimed interest in continuing their control over the car wash early last November.
Foundation President: RWDSU Officials Have ‘Penchant’ for Opposing Workers’ Will
“We at the Foundation are proud to help Mr. Arnold and his coworkers freely exercise their right to oust unwanted RWDSU officials from their workplace,” commented National Right to Work Foundation President Mark Mix. “Unfortunately, as his situation and the situation at Amazon in Alabama show, RWDSU officials have a penchant for opposing the will and rights of the very workers they claim to ‘represent.’ If the wishes of rank-and-file workers mean anything to RWDSU officials, the union will file no further appeals and accept the clear message that they are not wanted by Ecolab employees.”
“No American worker should be trapped under the control of union officials that they do not want,” Mix continued. “Any worker across the country who opposes RWDSU officials’ presence in their workplace should not hesitate to contact the Foundation for free legal aid in exercising their rights.”
Indiana US Brick Employees Challenge NLRB Policy Trapping Them in Teamsters Union Ranks They Overwhelmingly Oppose
NLRB-invented “successor bar” blocks employees’ statutory right to vote out union despite 70 percent of workers wanting Teamsters removed
Indianapolis, IN (March 8, 2022) – With free legal aid from the National Right to Work Legal Defense Foundation, Kerry Atkins and his coworkers at the US Brick facility in Mooresville, IN, are fighting a National Labor Relations Board (NLRB) order stifling their right to vote out an unpopular union at the plant. Atkins submitted on March 7 a Request for Review, asking the full NLRB in Washington, DC, to overturn the decision and eliminate a non-statutory NLRB doctrine called the “successor bar” that blocks employees’ right to vote out an unwanted union when management changes hands in a workplace.
Atkins filed a petition in December 2021 requesting that the NLRB hold a vote whether to decertify Teamsters Local 135 union officials. NLRB Regional Director Patricia Nachand ruled on February 9 that US Brick’s recent acquisition of the plant triggered the so-called “successor bar” and rendered the employee petition invalid.
The “successor bar” is a non-statutory policy invented by NLRB appointees that immunizes union officials from being voted out by employees for up to a year after management changes as a result of a sale, merger, or acquisition. Employees have a statutory right to hold decertification elections to remove union monopoly “representation” they oppose, but the “successor bar” is found nowhere in the text of the National Labor Relations Act (NLRA), which the NLRB is charged with enforcing. In that statute, the only “bar” to holding a decertification election is if a prior NLRB election was held within the previous year.
According to Atkins’ Request for Review, a Department of Justice antitrust complaint forced the former employer, General Shale, to sell the Mooresville facility before it could complete a transaction with another company. US Brick purchased the Mooresville plant from General Shale in November 2021, and rehired all 33 employees, including Atkins, in the bargaining unit controlled by the Teamsters union.
In addition to Atkins’ submission of the petition for a decertification vote, the NLRB Regional Director’s order mentions that plant management has in its possession a more general petition expressing disaffection with the Teamsters, which bears the signatures of about 70 percent of the employees. Even though the signatures “were verified by the Human Resources Manager against completed I-9 forms,” the Regional Director’s order says “[t]he hearing officer denied questioning and evidence” regarding the disaffection petition.
Atkins’ Request for Review contends that the “successor bar” serves no purpose other than to block the will of rank-and-file employees in favor of entrenching union bosses who ought to be accountable to the employees.
“The successor bar undermines the NLRA’s core purpose of employee free choice by disregarding employees’ actual desires and past experiences with their union representative. It also fails to recognize the Board’s highest calling: to conduct elections when there is a question of representation and to ensure employees are represented by a union of their choosing,” the Request for Review argues.
Foundation staff attorneys have recently aided numerous workers in exercising their right to dispense with union officials they oppose, including by advocating for election policy changes that the NLRB adopted in 2020. The changes prevent union officials from manipulating allegations (also called “blocking charges”) against an employer to stop workers from having a decertification election.
Teamsters union officials in particular have been the target of Foundation-assisted workers who are seeking to shed unions. In just the past year, Rush University maintenance workers in Chicago, Frito-Lay salesmen in Del Rio, TX, Allied Central Coast truckers in Santa Maria, CA, XPO Logistics workers in Cinnaminson, NJ, and Blish-Mize hardware distribution employees in Atchison, KS, all voted to decertify unpopular Teamsters local unions.
“The NLRB-invented ‘successor bar’ is just one example of how the Board neglects its mandate to protect the rights of individual workers, including those opposed to forced union affiliation, just to protect union boss power,” observed National Right to Work Foundation President Mark Mix. “The ‘successor bar’ not only overrides the statutory right of workers to vote out unions they oppose, but does so at the very moment when workers are most likely to reevaluate their union status: the turnover of the old management that perhaps was the reason for unionization in the first place.”
“In this case the fundamental injustice of the ‘successor bar’ is compounded by the fact that one arm of the federal government – the Department of Justice – demanded the sale of this facility, which another federal agency – the NLRB – says should be grounds for blocking workers from ejecting a union they overwhelmingly oppose,” Mix continued. “Foundation attorneys will fight for Mr. Atkins and his coworkers until they can exercise their right to eject this unpopular union.”
Workers in Michigan, Arkansas Vote to Free Themselves from Unpopular Unions
Reforms backed by National Right to Work Foundation staff attorneys make it easier for workers nationwide to boot unions they no longer want
Washington, DC (March 3, 2022) – With free legal representation from National Right to Work Legal Defense Foundation staff attorneys, employees in Michigan and Arkansas have freed themselves from unwanted union control in their workplaces.
In votes tallied on March 2, LaRon Matlock and his fellow industrial cleaning workers at PowerVac near Detroit, MI, and Cory Smith and his coworkers at chemical company Evonik-Porocel in Little Rock, AR, successfully voted to remove (or “decertify”) International Union of Operating Engineers (IUOE) Local 324 and Teamsters Local 878 union bosses, respectively.
Foundation staff attorneys provided the workers free representation in exercising their right to hold votes whether to remove the unions. The elections were conducted by the National Labor Relations Board (NLRB).
The NLRB is the federal agency responsible for enforcing federal labor law and adjudicating disputes among unions, private sector employers, and individual employees. Matlock and his PowerVac colleagues booted IUOE officials by a whopping 18-3 margin, while Smith and his coworkers at Evonik-Porocel voted 26-5 to remove Teamsters officials.
For more than a year, workers have been enjoying an easier pathway to exercising their right to remove unwanted union officials. The NLRB in Washington, DC, in July 2020 enacted new rules governing decertification elections which, drawing from comments Foundation attorneys submitted to the agency earlier the same year, now forbid union officials and their lawyers from indefinitely stalling worker-requested votes based on so-called “blocking charges.” Such charges are usually allegations against an employer that are unproven and unrelated to workers’ desire to oust union officials, but were filed simply to delay decertification elections.
Matlock and his Detroit-area coworkers’ ouster of IUOE Local 324 officials is particularly notable as officials of the same union local are viciously fighting a Foundation-backed decertification effort from Rieth-Riley Construction Company employee Rayalan Kent and his coworkers. Kent submitted a petition for a decertification election in August 2020 signed by his colleagues, but IUOE officials tried to avert the vote by levying “blocking charges” against the company.
Even though the Foundation-backed “blocking charge” reforms should have rendered IUOE officials’ stall tactics invalid, an NLRB Regional Director nevertheless blocked the vote at IUOE bosses’ behest. While a Foundation-supported appeal to the NLRB in Washington, DC, is pending in Kent’s case, IUOE officials are still imposing a years-long strike order on Rieth-Riley workers. Multiple workers have charged union officials with illegal dues practices and other malfeasance.
Teamsters officials, who were just dismissed by Smith and his colleagues at Evonik-Porocel, have been frequent targets of Foundation-assisted workers in recent months. In just the past year, Rush University maintenance workers in Chicago, Frito-Lay salesmen in Del Rio, TX, Allied Central Coast truckers in Santa Maria, CA, XPO Logistics workers in Cinnaminson, NJ, and Blish-Mize hardware distribution employees in Atchison, KS, all voted, with Foundation legal assistance, to decertify unpopular Teamsters local unions.
The spurt of worker-led decertifications comes as federal government officials, especially Biden-appointed NLRB General Counsel Jennifer Abruzzo, are pushing to give union officials radically increased power to install themselves in workplaces and remain in power even over worker opposition.
Abruzzo revealed in a memo released shortly after assuming office that she would take steps toward eliminating secret-ballot worker votes as the primary method of certifying a union in favor of “card checks.” The “card check” process lets union officials use intimidation and misinformation to get workers to sign “union cards” that supposedly indicate support for a union. The same memo suggested Abruzzo favors overturning, among other Board precedents, a 2019 decision making it easier for workers to escape union ranks when a clear majority opposes unionization.
“The Foundation is proud to help workers across the country, including Mr. Matlock and Mr. Smith, just get a vote on whether union officials deserve to remain in power at their jobs,” commented National Right to Work Foundation President Mark Mix. “Unfortunately, it is increasingly apparent that the Biden NLRB, and in particular GC Abruzzo, have every intention of reducing the rights of independent-minded workers by making it easier for union bosses to add workers to union ranks while limiting workers’ ability to escape them.”
“The NLRB should not neglect its mandate to protect the free choice rights of workers, and Foundation attorneys will always assist workers in resisting union attempts to undermine those rights,” Mix added.
Teamsters Union Bosses Back Down, Return Dues Illegally Seized for Politics to Long Beach Savage Services Workers
Settlement forces union officials to refund thousands to Savage Services employees, declare they won’t threaten those who refuse union membership
Los Angeles, CA (February 24, 2022) – Long Beach-area Savage Services employee Nelson Medina has won a settlement ordering Teamsters Local 848 union officials to pay back thousands of dollars in illegal dues they seized from about 60 of his coworkers who objected to union membership and to funding the union’s political activity. The settlement, won with free legal aid from National Right to Work Foundation attorneys, was approved by National Labor Relations Board (NLRB) Region 21 on February 14.
Because California lacks Right to Work protections, even private sector workers who oppose a union’s presence in their workplace can be required to pay union dues or fees to keep their jobs. However, under the Foundation-won CWA v. Beck U.S. Supreme Court decision, union officials can never require nonmembers to subsidize union political activity. Right to Work protections in 27 states so far ensure union membership and all union financial support are strictly voluntary.
Medina originally filed charges against Teamsters officials for illegal dues practices back in September 2021. The charges stated that he had sent Teamsters officials a letter on August 15 exercising his right to reject formal union membership. About a month after that letter, the charge noted, union officials informed Savage Services management by mail that if Medina and 12 fellow employees did not complete membership applications and pay full dues for the month of September, the employer should terminate the employees before September’s final week.
Medina’s August 2021 letter also demanded that union officials provide him his legal rights as a nonmember under the Foundation-won Beck Supreme Court decision. In addition to allowing workers to opt-out of funding union politics and other expenditures unrelated to the union’s bargaining functions, Beck also entitles nonmember workers to union financial disclosures.
The settlement, in addition to requiring Teamsters bosses to return nearly $6,000 in illegally taken dues to Savage Services employees, also mandates that union officials post a notice in the workplace. The notice declares that the union “will not fail to provide non-member employees with a breakdown of dues and fees required for Beck objectors upon request,” and that union bosses “will not threaten employees who have raised Beck objections with termination for failing to complete a union application as a condition of employment.”
“That Teamsters Local 848 officials illegally siphoned money for politics from almost 60 Savage Services employees and threatened termination of those who dared to stand up for their rights demonstrates clearly that they prioritize power far above the employees they claim to ‘represent,” commented National Right to Work Foundation President Mark Mix. “Based on the sheer number of employees in Medina’s workplace who are receiving refunds as the result of this settlement, Teamsters officials apparently played fast and loose with the rights of all workers who objected to their agenda.”
“We will continue to stand by Medina in his struggle to ensure that Teamsters bosses’ coercive tricks do not subvert his and his fellow employees’ will and rights,” Mix added.
Last September, Foundation staff attorneys also aided Ventura, CA, Airgas employees in removing Teamsters Local 848 from their facility. After litigation that had lasted almost a year, as well as two submissions of petitions demonstrating a majority of workers at the plant wanted the Teamsters gone, union officials finally departed the plant. They did so just before the NLRB was slated to conduct a vote whether to remove the union at the plant, likely leaving to preempt an embarrassing rejection by the workers.
Chicago-area Firefighters Defend Right to Vote Out Unpopular Union from Spurious Union Boss Allegations
SEIU officials spin phony narrative about Village of Carpentersville officials to get state labor board to block employee election to remove union
Chicago, IL (February 11, 2022) – Village of Carpentersville firefighter Nick Salzmann is appealing an order by the executive director of the Illinois Labor Relations Board (ILRB) that blocks his and his coworkers’ right to remove unwanted union officials from their workplace. Salzmann, who filed a petition signed by his coworkers asking the ILRB to administer a vote among his colleagues whether to boot out Service Employees International Union (SEIU) Local 73 bosses, is receiving free legal aid from National Right to Work Legal Defense Foundation attorneys.
The ILRB is the Illinois state agency responsible for adjudicating workplace disputes among union officials, Illinois government agencies, and Illinois public employees. SEIU union officials filed so-called “blocking charges” in an attempt to stop the employee-requested vote, arguing that various allegations they are making against Carpentersville government officials should block Salzmann and his colleagues’ effort to oust the union.
While the ILRB executive director delayed the election at the union bosses’ behest, Salzmann’s appeal exposes numerous errors with the basis for that decision and uncovers an ongoing campaign by union officials to stop the decertification attempt.
Salzmann’s appeal brief reveals that, even though SEIU union lawyers convinced the ILRB that Carpentersville officials were not following proper bargaining procedures, in reality “the Union walked from the bargaining table twice.” Furthermore, the brief maintains that “the union walked away from the bargaining table twice when the Employer could not guarantee that the decertification process would not proceed,” a sign that SEIU bosses wanted Carpentersville officials to assist the union in quashing the employee-led decertification effort. According to the brief, approximately 80% of the firefighters favor decertifying the union.
The brief also states that “the Union amended the charges, changing from an ‘impacts and effect’ charge to a ‘failure to bargain’ charge,” a strong suggestion that union lawyers can’t demonstrate any connection between Salzmann and his coworkers’ desire to eliminate the union and anything Carpentersville officials did.
Finally, Salzmann’s brief contends that the SEIU bosses’ actions disturbed the “laboratory conditions” that should be present for any decertification election. It states that the “Union’s efforts to compel [the firefighters] to abandon their claim, including telling them they had proceeded improperly in their effort,” along with the union bosses’ willful departures from the bargaining table “caused the factual scenario” that led to the union’s charge.
“Despite the clearly misguided ILRB Executive Director’s order blocking the election, evidence is rapidly emerging about the tall tale SEIU bosses spun to avoid facing a vote of the rank-and-file workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “That union officials created the very circumstances that they are decrying in their so-called ‘blocking charges’ against Carpentersville officials is ridiculous. But the real injustice is that the ILRB is allowing union officials to abuse the process to stifle the will of the overwhelming majority of these firefighters, who support decertifying the union.”
Elsewhere in Illinois, Foundation staff attorneys are aiding Galesburg paramedics and EMTs in their effort to decertify an unwanted Teamsters union in their workplace. If successful, the effort would be the latest of several efficacious Foundation-backed employee removals of Teamsters officials in the past year.
Federal Charge: IAM Union Bosses Illegally Demanded Mechanic Join Union, Caused Firing When He Refused Unlawful Demand
Robert Basil Buick GMC also hit with charge for carrying out illegal union threat by firing worker just days later
Buffalo, NY (February 7, 2022) – Remmington Duk, who recently worked as a mechanic at the Robert Basil Buick GMC dealership in Orchard Park, has filed federal charges against the International Association of Mechanics (IAM) Lodge 447 union and the dealership. Duk’s charges say that IAM agents illegally threatened to have him fired in October 2021 because he exercised his right not to be a union member, and that Robert Basil officials followed through on this threat at IAM officials’ behest and terminated Duk less than a week later. Duk is receiving free legal representation from National Right to Work Foundation staff attorneys.
Duk’s charges were submitted on January 31 to the National Labor Relations Board (NLRB), the federal agency responsible for enforcing federal labor law and adjudicating disputes among employers, unions, and individual employees. The charges state that on October 7, 2021 an IAM official demanded Duk sign paperwork authorizing union membership and dues deductions from his paycheck, threatening that Duk would be fired if he declined. Duk did not sign, and Robert Basil Buick GMC terminated him on October 12, 2021.
The charges contend that both practices are unlawful under Section 7 of the National Labor Relations Act (NLRA), which safeguards private sector employees’ right to abstain from any or all union activities. However, because New York lacks Right to Work protections for its private sector employees, even if private sector employees such as Duk abstain from union membership they can still be forced to pay union dues or fees as a condition of keeping their jobs. In the 27 states with Right to Work protections, union membership and dues payments are strictly voluntary.
Under the Foundation-won 1988 CWA v. Beck Supreme Court decision, private sector employees who refuse union membership in non-Right to Work states can never be forced to subsidize the political activities of a union they don’t support. In nearby Rochester, Foundation staff attorneys just won a settlement for a General Motors worker who charged United Auto Workers (UAW) union officials with illegally seizing dues for politics from his wages even after repeated demands that they respect his Beck rights. UAW officials have now been forced to refund all monies they took from him in violation of Beck.
“Union bosses threatening people’s jobs and livelihoods is no way to gain the support of the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “IAM union bosses’ willingness to violate longstanding law shows why all workers need the protection of a Right to Work law. In addition to formal union membership, financial support for a union should also be voluntary and the choice of each individual worker.”
“As AFL-CIO founder Samuel Gompers declared in one of his final speeches, voluntarism, not force, should be the bedrock for building union support,” Mix added.
MNA Union Officials Admit to Illegal Dues Demands in the Face of St. Vincent Hospital Nurse’s Federal Charges
Hundreds of nurses reportedly receive letters from union claiming clearly illegal requests for dues payments were “oversight”
Worcester, MA (February 4, 2022) – After a National Right to Work Foundation-assisted nurse at St. Vincent Hospital in Worcester filed federal charges against the Massachusetts Nurses Association (MNA) union for demanding illegal retroactive dues, union officials scrambled to send letters to hundreds of St. Vincent Hospital nurses confessing “error.” The MNA thus effectively admitted to being caught red-handed demanding dues payments for periods when the nurses owed no compulsory dues, claiming that the “billing/renewal notices were recently mailed in error.”
The news comes just ahead of an employee-requested election on whether MNA union officials should stay in power at the facility. The National Labor Relations Board (NLRB) is sending ballots via mail to St. Vincent Hospital nurses today, and expects to count the ballots on February 28. St. Vincent nurse Richard Avola submitted a petition to the NLRB in January demonstrating that hundreds of his coworkers requested such a vote to oust the MNA. The petition follows the conclusion of a 300+ day MNA-ordered strike that divided the hospital and the community and sparked multiple reports of bullying and harassment of nurses by union agents.
Regina Renaud, the St. Vincent nurse who charged the MNA with making illegal dues demands, reported in January that she had received a bill from union officials demanding that she pay dues retroactive to November 1, 2021. That includes a period during the strike when no compulsory dues contract was in effect. Her charge noted that “as a matter of law [she] and other similarly situated employees owed no dues or fees to the MNA,” because there was a strike and contract hiatus. Renaud is not a member of the MNA.
Despite MNA bosses telling media outlets that Renaud’s unfair labor practice charge has “no validity,” hundreds of St. Vincent Hospital nurses are now reporting getting letters from MNA officials rescinding all demands for dues payments for the strike period. MNA’s letters are dated January 12, one day after Renaud filed her charge with the NLRB. The MNA’s “error” letters note that while the union is scurrying to “clean up” its billing records, nurses may receive additional unlawful demands for dues payments because those bills “may slip past our filters and be mailed.”
“MNA union bosses were caught red-handed making illegal demands for retroactive dues. While they told media outlets the unfair labor practice charges were meritless, their own actions show a desperate attempt to cover up their violation of nurses’ rights under federal labor law,” commented National Right to Work Foundation President Mark Mix. “Given MNA union officials’ demonstrated willingness to play fast and loose with the legal rights of those they claim to ‘represent,’ St. Vincent nurses should stay vigilant about further union misrepresentations and excessive dues demands, especially as they now consider whether to remove the union from their workplace.”
“As St. Vincent nurses make their voices heard in the decertification election, they should know they can contact the Foundation for free legal aid if union agents attempt to silence or overbill nurses opposed to unionization, or interfere with their right to vote,” Mix added.
Galesburg Paramedics and EMTs Seek Election to Free Themselves from Unpopular Teamsters Union
Effort follows several employee removals of Teamsters officials at other workplaces across country
Galesburg, IL (February 1, 2022) – With free legal aid from National Right to Work Legal Defense Foundation staff attorneys, Zachary Pedigo and his fellow paramedics and EMTs at Galesburg Hospitals Ambulance Service are seeking to exercise their right to vote unwanted Teamsters Local 627 bosses out of power at their workplace. Pedigo submitted a petition to the National Labor Relations Board (NLRB) requesting a “decertification vote.”
The NLRB is the federal agency responsible for enforcing federal labor law and adjudicating disputes between employers, unions, and individual employees. If successful, Pedigo and his coworkers’ effort would be the latest in a string of Foundation-assisted employee elections removing Teamsters officials from power. In just the past year, Rush University maintenance workers in Chicago, Frito-Lay salesmen in Del Rio, TX, Allied Central Coast truckers in Santa Maria, CA, XPO Logistics workers in Cinnaminson, NJ, and Blish-Mize hardware distribution employees in Atchison, KS, all voted to decertify unpopular Teamsters local unions.
Additionally, Airgas employees in Ventura, CA, and XPO Logistics workers in Los Angeles, CA, were freed from Teamsters power last year after union officials departed both workplaces to preempt likely election losses.
For more than a year workers have been enjoying an easier pathway to exercising their right to remove unwanted union officials. The NLRB in Washington, DC, in July 2020 enacted new rules governing decertification elections which, drawing from comments Foundation attorneys submitted to the agency earlier that year, now forbid union bosses from indefinitely stalling worker-requested votes based on so-called “blocking charges.” Such charges are union allegations against an employer that are often unproven and unrelated to workers’ desire to oust union officials.
Because Illinois lacks Right to Work protections for its private sector employees, such as Pedigo and his fellow paramedics and EMTs, they can be forced to pay part of full union dues as a condition of keeping their jobs even if they are not union members and oppose the union’s presence. However, because the most recent contract between Teamsters officials and Galesburg Hospitals Ambulance Service expired around a month ago, this obligation does not currently exist for Pedigo and his coworkers. They can only be legally compelled to pay dues or fees again once a new contract is in place.
Under the protection of Right to Work laws, which are on the books in 27 states, individual employees have the freedom to choose to voluntarily become union members and to financially support a union, or to abstain from both.
“Mr. Pedigo and his coworkers, who provide lifesaving first aid to the citizens of Galesburg, should not have to be subjects of Teamsters union bosses whose so-called ‘representation’ they oppose,” commented National Right to Work Foundation President Mark Mix. “Thanks to Foundation-advocated reforms adopted by the NLRB in 2020, Mr. Pedigo and his fellow paramedics and EMTs should have an easier path to voting out the union. However, Foundation attorneys will ensure that their voices are heard and will battle any attempts to stifle their rights by Teamsters officials.”
Elsewhere in Illinois, Foundation staff attorneys are aiding Nick Salzmann and his fellow Village of Carpentersville part-time firefighters in attempting to decertify an unpopular Service Employees International Union (SEIU) affiliate in their workplace. Salzmann and his coworkers are battling “blocking charges” filed by SEIU bosses against Village officials to delay the firefighters’ requested decertification election. Salzmann and his coworkers are public employees and thus under the jurisdiction of the Illinois Labor Relations Board (ILRB), not the NLRB. The ILRB, which lacks protections against “blocking charges,” is giving SEIU bosses a chance to stymie Salzmann and his coworkers’ attempt to free themselves from unwanted union control.
National Right to Work Foundation on School Choice Week: Reject Union Bosses’ Push for More Power over Kids’ Education
National Right to Work Legal Defense Foundation President issues statement in recognition of National School Choice Week
Washington, DC (January 27, 2022) – Mark Mix, president of the National Right to Work Legal Defense Foundation, issued the following statement in recognition of National School Choice Week 2022:
On School Choice Week 2022, the importance of protecting the right of parents to select their own children’s education is more important than ever. Over the past year, radical teacher union officials continued to wield their government-granted monopoly bargaining powers to impose controversial, top-down policies that harmed parents, kids, and independent-minded teachers.
Government school lockdowns pushed by politics-obsessed union chiefs like the American Federation of Teachers’ Randi Weingarten devastated American kids. Teacher union bosses’ coercive government-granted privileges allow union chiefs to hold the education of kids hostage to union political demands. Monopoly bargaining lets union officials push aside the interests of parents and children, but it also forces independent-minded teachers under union control they oppose.
Teachers from elementary schools all the way up through public colleges oppose union officials’ monopoly powers too, taking issue with the workplace policies or political views of the union hierarchy. In fact, a group of Jewish City University of New York professors just filed a federal lawsuit challenging New York State’s law allowing the Professional Staff Congress union to impose its so-called ‘representation’ on them – ‘representation’ they find to be very anti-Semitic.
No less an advocate of unions than Franklin Delano Roosevelt once cautioned that “All Government employees should realize that the process of collective bargaining, as usually understood, cannot be transplanted into the public service.” Roosevelt was right, and since COVID-19’s arrival there’s been more than enough evidence of the havoc teacher union boss control has wrought on kids, parents, teachers, and the public at large.
Without school choice, parents and kids would have no option but to bear this top-down control, so it makes sense that citizens are leaving union-dominated government schools in record numbers. For much the same reason, teacher union bosses oppose giving parents choices like charter schools, because those options threaten union boss monopoly control over education.
School choice, while a basic right that all parents should enjoy, shouldn’t be a last resort parents employ simply to get their kids out of unstable union-dominated schools. Teachers, as well, shouldn’t have to flee traditional public schools just so they can escape being forced to associate with a private organization espousing views or policies that they abhor.
BUSTED: Rochester UAW Officials Forced to Stop Funneling Dissenting GM Worker’s Dues Toward Politics
Worker charges state UAW union bosses and GM officials ignored multiple requests from worker to stop funding union political activities
Rochester, NY (January 25, 2022) – With free legal aid from National Right to Work Foundation staff attorneys, Rochester General Motors employee Roger Clemons has successfully forced United Auto Workers (UAW) union bosses at his workplace to stop illegally funneling money from his paycheck into union politics. Clemons filed federal charges with Foundation aid in September 2021 against UAW Local 1097 and the UAW’s international hierarchy, asserting that union agents ignored his requests to opt-out of funding the union’s political agenda.
A Foundation-won settlement now forces UAW international and local officials to “make whole…Roger Clemons for all dues and fees” that were deducted from his paycheck in violation of the Foundation-won CWA v. Beck Supreme Court decision. Beck forbids union officials from forcing workers under their control to fund union politics and other union expenses unrelated to the union’s core bargaining functions.
Because New York State lacks Right to Work protections for its private sector workers, union officials can still legally force workers to pay some union fees under threat of termination. In Right to Work states, union membership and all union financial support are strictly voluntary.
Clemons stated in his September 2021 charge against UAW Local 1097 officials that UAW officials had a history of flouting his Beck rights, failing to reduce his union dues even after he ended his union membership and became a “Beck objector” in October 2019. “Only after Mr. Clemons filed an [earlier] unfair labor practice charge…did the union comply with the requirements of the law,” the charge noted, detailing that union officials finally sent him rebate checks in June and July 2020 for excess dues they took from his paycheck.
However, UAW officials continued to create obstacles for Mr. Clemons’ Beck rights. The September 2021 charge also asserted that despite Clemons’ renewing his Beck objection in October 2020, he then did not receive “a single rebate check or a reduction in the dues deducted from his wages” for almost a year. UAW and GM officials both ignored multiple attempts at correspondence from him on this issue, the charge noted.
The charge contended that these actions violated Mr. Clemons’ rights under Section 7 of the National Labor Relations Act, which protects individual employees’ rights to abstain “from any or all of” union activities. General Motors, Clemons’ employer, was also charged for its role in enforcing the illegal dues deductions.
The settlement now forbids UAW officials from “accept[ing] dues or fees which have been deducted from the paycheck of Roger Clemons, or any other Beck objector, which are in excess of the amount we can lawfully charge to Beck objectors.” UAW officials also are required to return dues that they seized from Clemons in excess of the reduced Beck amount.
Union officials devote enormous sums to political activity. A report from the National Institute for Labor Relations Research (NILRR) released in 2021 revealed that union officials’ own Department of Labor filings show around $2 billion in political spending during the 2020 cycle, primarily from dues-stocked union general treasuries. However, other estimates strongly suggest that actual union spending on political and lobbying activities topped $12 billion.
“Rank-and-file workers should know they have a right to refuse to fund union politics, especially with union political spending in 2020 having approached record numbers and midterm elections coming up,” commented National Right to Work Foundation President Mark Mix. “Workers under UAW control, like Mr. Clemons, have special reason to be on guard, given the UAW’s perennial interest in politics and corruption at the very top levels of the UAW hierarchy, which has landed at least 10 former UAW honchos in jail primarily for misuse of worker funds.”
“No American worker should be forced to subsidize any union boss political advocacy and the National Right to Work Foundation is proud to assist workers seeking to exercise their right to cut off financial support for union politics they oppose,” added Mix.