West Virginia Utility Worker Wins $10,000 Settlements from Penn Line Service, Local Laborer Union

Worker discharged from job for not contributing to “voluntary” union PAC

Beckley, WV (May 31, 2013) – A former Penn Service Line, Inc. truck driver/laborer has won a substantial federal settlement from a Pennsylvania-based construction company and a West Virginia union after the company and union violated his rights and illegally seized union dues from his paychecks for the union’s political action committee (PAC).

Jeff Richmond of Meadow Bridge, WV, received free legal assistance from National Right to Work Foundation staff attorneys.

In July 2012, when Penn Line Service hired Richmond, company management told him that the job was a “union job.” Between July and October, the company confiscated, and the Laborers International Union of North America (LIUNA) Local 453 accepted, full union dues from Richmond’s paychecks even though he had not joined the union or consented to union dues payments.

In October 2012, company management gave Richmond and his coworkers a union membership and dues deductions authorization form. The form included a section for the employees to authorize “voluntary” contributions to three LIUNA-affiliated political action committees. Richmond signed up for union membership because he thought it was required for him to keep his job. Richmond did not, however, authorize the “voluntary” PAC contributions. Shortly thereafter, Richmond was discharged from his job for refusing to sign up for the union PAC contributions.

Click here to read the full release.

Beckley, WV (May 31, 2013) – A former Penn Service Line, Inc. truck driver/laborer has won a substantial federal settlement from a Pennsylvania-based construction company and a West Virginia union after the company and union violated his rights and illegally seized union dues from his paychecks for the union’s political action committee (PAC).

Jeff Richmond of Meadow Bridge, WV, received free legal assistance from National Right to Work Foundation staff attorneys.

In July 2012, when Penn Line Service hired Richmond, company management told him that the job was a “union job.” Between July and October, the company confiscated, and the Laborers International Union of North America (LIUNA) Local 453 accepted, full union dues from Richmond’s paychecks even though he had not joined the union or consented to union dues payments.

In October 2012, company management gave Richmond and his coworkers a union membership and dues deductions authorization form. The form included a section for the employees to authorize “voluntary” contributions to three LIUNA-affiliated political action committees. Richmond signed up for union membership because he thought it was required for him to keep his job. Richmond did not, however, authorize the “voluntary” PAC contributions. Shortly thereafter, Richmond was discharged from his job for refusing to sign up for the union PAC contributions.

Under federal law, no worker can be forced to join a union. However, because West Virginia does not have a Right to Work law, workers who refrain from union membership can be forced to pay union dues or fees as a condition of employment. The U.S. Supreme Court ruled in the Foundation-won Communications Workers v. Beck case that nonmembers may not be forced to pay for union activities unrelated to workplace bargaining, such as union political activities and members-only events.

After Richmond filed the charges, the National Labor Relations Board (NLRB) issued a formal complaint against the union and the company. The company and the union settled the case to avoid further prosecution. Under the terms of the settlement, Richmond will receive over $10,000 in back pay, other expenses, and refunded union dues and fees that were illegally taken from his paychecks.

As a result of Richmond’s charges and the resulting investigation, an additional Penn Line Service worker will also receive over $600 in refunded union dues and fees illegally taken from his paychecks.

“Bulldozing someone into contributing to a union PAC that violates their sincerely-held beliefs is unconscionable,” said Mark Mix, president of the National Right to Work. “No worker should ever be forced to pay union dues or fees for a cause in which they disagree. That is why West Virginia needs to pass a Right to Work law making union membership and dues payments completely voluntary.”

Washington, DC (May 24, 2012) – Mark Mix, President of the National Right to Work Foundation, released the following statement on the re-nomination of Lafe Solomon to the NLRB:

“Re-nominating Lafe Solomon, the NLRB lawyer who persecuted Boeing and South Carolina employees for having jobs in a Right to Work state, is slap in the face for independent workers and job providers. It’s telling that Obama waited to announce this on Friday before a holiday weekend as Congress is leaving town. He knows it’s not a popular move and is hoping that this latest sop to Big Labor will go unnoticed.”

For more information on the Boeing case and the National Right to Work Foundation’s involvement, click here.  

Voluntary Emergency Responders Challenge Forced Unionism Scheme

Union bosses demand firefighters join union or be fired

Harford, MD (May 22, 2013) – Three Harford County emergency responders have filed charges against a local union for violating their rights and illegally demanding that they join the union.

With free legal assistance from the National Right to Work Foundation, the first responders filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

Beginning in November 2012, the International Association of Fire Fighters (IAFF) Local 4847 union became the exclusive bargaining representative of the emergency responders at Harford County Volunteer Fire and EMS Foundation. Between November and April, the union hierarchy never informed the workers of any financial obligations they would have to meet to keep working for the County Foundation.

Then, on April 1, 2013, IAFF Local 4847 union officials demanded the workers join the union and pay full union dues. Under federal law, no worker can be forced to formally join a union. However, because Maryland is not a Right to Work state, workers can be forced to pay union dues or fees as a condition of employment.

Click here to read the full release.

Harford, MD (May 22, 2013) – Three Harford County emergency responders have filed charges against a local union for violating their rights and illegally demanding that they join the union.

With free legal assistance from the National Right to Work Foundation, the first responders filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

Beginning in November 2012, the International Association of Fire Fighters (IAFF) Local 4847 union became the exclusive bargaining representative of the emergency responders at Harford County Volunteer Fire and EMS Foundation. Between November and April, the union hierarchy never informed the workers of any financial obligations they would have to meet to keep working for the County Foundation.

Then, on April 1, 2013, IAFF Local 4847 union officials demanded the workers join the union and pay full union dues. Under federal law, no worker can be forced to formally join a union. However, because Maryland is not a Right to Work state, workers can be forced to pay union dues or fees as a condition of employment.

IAFF Local 4847 union officials never informed the workers of their right to refrain from full-dues-paying union membership as upheld by the U.S. Supreme Court in the Right to Work Foundation-won Communications Workers v. Beck case. Under Beck, nonmember workers cannot be legally compelled to pay union dues used for union politics and member-only events.

Additionally, the IAFF union officials refused to provide the workers with the amount of union dues or fees nonmember workers must pay as a condition of their employment or a reasonable opportunity to refrain from full dues payments. On May 13, IAFF union officials demanded that the Harford County Volunteer Fire and EMS Foundation terminate the three workers and others for failing to pay union dues.

“IAFF union bosses have long opposed volunteer firefighting and these illegal demands are just another example,” said Patrick Semmens, Vice President for Public Information of the National Right to Work Foundation. “Maryland desperately needs a Right to Work law making union membership and dues-payments completely voluntary to prevent this type of union boss abuse in the future.”

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

Nurses File Federal Charges Against SEIU and Hospital Corporation for Coercive Scheme

Corrupt agreement forces nurses into union ranks without vote

Thousand Oaks, California (May 20, 2013) – Three nurses at Thousand Oaks Surgical Hospital have filed federal charges against a major healthcare union and the hospital corporation for illegally forcing them and their coworkers into an unwanted union.

With free legal assistance from the National Right to Work Foundation, the three nurses filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

In late November 2012, Hospital Corporation of America (HCA) Holdings, Inc.-owned Los Robles Hospital purchased Thousand Oaks Surgical Hospital. In late April 2013, HCA Holdings, Inc. and Los Robles Hospital management announced that Thousand Oaks Surgical Hospital workers were “represented” by Service Employees International Union (SEIU) Healthcare Workers West and SEIU Local 121 RN union officials and “accreted” into to the pre-existing Los Robles-SEIU monopoly bargaining units.

SEIU union officials and HCA management have long been parties to a so-called “neutrality agreement” designed to force healthcare workers into SEIU ranks without proper procedural protections.

Click here to read the full release.

Thousand Oaks, California (May 20, 2013) – Three nurses at Thousand Oaks Surgical Hospital have filed federal charges against a major healthcare union and the hospital corporation for illegally forcing them and their coworkers into an unwanted union.

With free legal assistance from the National Right to Work Foundation, the three nurses filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

In late November 2012, Hospital Corporation of America (HCA) Holdings, Inc.-owned Los Robles Hospital purchased Thousand Oaks Surgical Hospital. In late April 2013, HCA Holdings, Inc. and Los Robles Hospital management announced that Thousand Oaks Surgical Hospital workers were “represented” by Service Employees International Union (SEIU) Healthcare Workers West and SEIU Local 121 RN union officials and “accreted” into to the pre-existing Los Robles-SEIU monopoly bargaining units.

SEIU union officials and HCA management have long been parties to a so-called “neutrality agreement” designed to force healthcare workers into SEIU ranks without proper procedural protections.

In fact, the vast majority of Thousand Oaks Surgical Hospital nurses have signed petitions opposing the SEIU officials’ “representation.”

And, because California does not have a Right to Work law that makes union membership and dues payment strictly voluntary, the nurses are now forced to pay union dues or fees to the SEIU union hierarchy as a condition of their employment.

“HCA management and SEIU officials have colluded to shove SEIU union bosses’ ‘representation’ – and with it forced dues payments – down nurses’ and other hospital workers’ throats,” said Mark Mix, President of the National Right to Work Foundation. “Schemes like this show that the ultimate goal of union officials is more forced dues collected from workers, even when rank-and-file employees want nothing to do with the union.”

Another Federal Appeals Court Strikes Down Obama Labor Board Recess Appointments

Purported recess appointments were invalid because Senate was not in recess

Washington, DC (May 16, 2013) – Today, the U.S. Court of Appeals for the Third Circuit struck down one of President Barack Obama’s purported “recess appointments,” dating back to March 27, 2010. Earlier this year, the U.S. Court of Appeals for the District of Columbia Circuit struck down two other Obama so-called “recess appointments” to the Board.

Mark Mix, President of the National Right to Work Foundation, issued the following statement in light of the court’s decision:

“Today, another federal appeals court has invalidated one of President Barack Obama’s so-called ‘recess appointments’ to the National Labor Relations Board. As National Right to Work Foundation attorneys have argued in several courts, the Obama ‘recess appointments’ have clearly violated the U.S. Constitution.

“As a result, the Board has lacked a quorum since at least August 2011, and under a U.S. Supreme Court precedent established in New Process Steel, L. P. v. NLRB (2010), the Board’s biased and decidedly pro-Big Labor rulings since then are therefore invalidated. Over 1,500 NLRB decisions may be invalid as a result. This underscores the constitutional chaos this President has created by gaming the system for union bosses.

Click here to read the full release.

Washington, DC (May 16, 2013) – Today, the U.S. Court of Appeals for the Third Circuit struck down one of President Barack Obama’s purported “recess appointments,” dating back to March 27, 2010. Earlier this year, the U.S. Court of Appeals for the District of Columbia Circuit struck down two other Obama so-called “recess appointments” to the Board.

Mark Mix, President of the National Right to Work Foundation, issued the following statement in light of the court’s decision:

“Today, another federal appeals court has invalidated one of President Barack Obama’s so-called ‘recess appointments’ to the National Labor Relations Board. As National Right to Work Foundation attorneys have argued in several courts, the Obama ‘recess appointments’ have clearly violated the U.S. Constitution.

“As a result, the Board has lacked a quorum since at least August 2011, and under a U.S. Supreme Court precedent established in New Process Steel, L. P. v. NLRB (2010), the Board’s biased and decidedly pro-Big Labor rulings since then are therefore invalidated. Over 1,500 NLRB decisions may be invalid as a result. This underscores the constitutional chaos this President has created by gaming the system for union bosses.

“Today’s decision is a victory for independent-minded workers who have received unjust treatment at the hands of the pro-forced unionism NLRB over the last few years.”

The NLRB “recess appointment” that has been invalidated by today’s ruling is Craig Becker’s (2010-2012). The “recess appointments” of Richard Griffin (2012-present) and Sharon Block (2012-present) were earlier held invalid by the D.C. Circuit.

For a breakdown of the number of cases that could be invalidated by the courts’ rulings, click here.

Teamster Union Faces Charges for Papering Over Indy Domtar Workers’ Rights

Union and company officials ignore Indiana’s Right to Work law

Indianapolis, IN (May 15, 2013) – Six Indianapolis-area Domtar Paper Company (NYSE: UFS) workers have filed federal charges against a local Teamster union and the company for violating their right to refrain from dues-paying union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Broatus Lambert, Lawrence Langworth, Christopher McKay, Kenneth Rosenfeld, Kevin Schrader, and William Schwier filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

The six workers all exercised their right under Indiana’s recently-enacted Right to Work law to refrain from membership and dues payments in the Teamster union-affiliated Graphic Communications International (GCI) Union, Local 17M. Under Indiana’s Right to Work law, no worker can be required to pay union dues as a condition of employment.

Click here to read the full release.