SCOTUSblog Highlights Foundation Supreme Court Petition on Behalf of Illinois Homecare Providers
SCOTUSblog recently highlighted the Foundation’s Harris v. Quinn case as a petition to watch during the latest Supreme Court conference. Harris challenges a series of executive orders issued by Illinois Governor Pat Quinn and his disgraced predecessor, Rod Blagojevich, aimed at forcing unwilling homecare providers into a union. According to the governors’ orders, personal care providers are to be considered "public employees" for the purposes of union organizing, a move that has since forced thousands of unwilling care providers into the SEIU’s forced dues-paying ranks.
With the help of Foundation staff attorneys, eight Illinois homecare providers are challenging these executive orders on the grounds that forcing them to affiliate with a union and subsidize union activities violates their rights to free expression and association.
Pam Harris, the lead plaintiff in the case and a personal care provider to her developmentally-disabled son, had this to say about the governors’ forced unionism scheme last November:
"My primary concern is that someone else will be telling me how to best care for my son. Union dues would be a deduction from what we have available to provide for my son’s needs. And then I would be giving my money to a union to exercise their political muscle on issues I may vehemently disagree with."
For more information on the case, check out the Foundation’s Supreme Court petition. You can also read amicus curiae briefs filed in support of the Foundation’s petition from the Cato Institute and the Pacific Legal Foundation.
Workers Forced to Call Police on SEIU Union Thugs
Service Employees International Union (SEIU) Healthcare Workers West organizers in Orange County, California are turning up the heat on healthcare workers who want nothing to do with the union.
SEIU officials have been trying to unionize workers at Chapman Medical Center through a backroom deal known as a "neutrality agreement" designed to grease the skids for workers to be forced into union ranks.
The agreement was anything but "neutral:" Company officials granted union operatives access to company facilities to conduct a coercive "card check" organizing campaign in which union organizers pressure workers to fill out cards that count as votes for union control of the workplace. Meanwhile, Chapman waived the right to have a federally-supervised secret ballot election to determine whether employees really wish to be unionized.
SEIU organizers then resorted to harassing late night phone calls, blocking workers’ driveways while they were heading to work, bribing workers with food to sign "cards" that would later count as "votes," and stalking workers.
Now, SEIU organizers are sneaking in without identification through the back door of the medical center’s jam-packed cafeteria and refused to leave when approached by hospital administration, human resources, and even workers.
Eventually workers had to resort to calling the police to remove the unwanted SEIU militants from their workplace.
"This is just getting out of hand," one concerned worker told the National Right to Work Foundation.
If you are experiencing union intimation, harassment, or violence at the hands of union organizers or union officials, contact the National Right to Work Foundation for help right away.
Union Bosses Set Forest Fire Captain’s Religious Rights Ablaze
Union Bosses Set Forest Fire Captain’s Religious Rights Ablaze
Union officials and state play God with firefighter’s rights
San Francisco, CA (May 21, 2012) – A California Department of Forestry fire captain has filed a religious discrimination charge against the California Department of Forestry Firefighters (CDFF) union for violating his statutory right to refrain from paying forced union dues to support a union hierarchy involved in activities he considers immoral.
With free legal assistance from National Right to Work Foundation attorneys, Susanville firefighter John Valentich filed the charge against the CDFF union with the California Department of Fair Employment and Housing and the Equal Employment Opportunity Commission located in San Francisco.
Title VII of the Civil Rights Act forbids discrimination against religious employees and requires companies and unions to attempt to reasonably accommodate employees’ sincerely-held religious beliefs. The obligation to accommodate applies to the payment of compulsory union fees, as no employee should be forced to fund a union that engages in activities that offend their religious convictions.
Read the entire release here.
Union Bosses Set Forest Fire Captain’s Religious Rights Ablaze
San Francisco, CA (May 21, 2012) – A California Department of Forestry fire captain has filed a religious discrimination charge against the California Department of Forestry Firefighters (CDFF) union for violating his statutory right to refrain from paying forced union dues to support a union hierarchy involved in activities he considers immoral.
With free legal assistance from National Right to Work Foundation attorneys, Susanville firefighter John Valentich filed the charge against the CDFF union with the California Department of Fair Employment and Housing and the Equal Employment Opportunity Commission located in San Francisco.
Title VII of the Civil Rights Act forbids discrimination against religious employees and requires companies and unions to attempt to reasonably accommodate employees’ sincerely-held religious beliefs. The obligation to accommodate applies to the payment of compulsory union fees, as no employee should be forced to fund a union that engages in activities that offend their religious convictions.
Because California does not have a Right to Work law, nonmember workers can be forced to pay union dues and fees. However, employees who have a sincere religious objection to supporting a union – regardless of church affiliation – may divert their compulsory union dues to a charity instead.
Valentich, who has sincere religious beliefs which bar him from joining or paying money to the CDFF union, asked union officials for a religious accommodation that would allow him to redirect his union fees to a mutually agreed-upon charity. The union’s lawyer told Valentich that he was not a member of a church authorized for accommodation by California law, and therefore he was not entitled to an accommodation.
“It is outrageous that union officials and state bureaucrats get to decide which religions are state-approved and which are not,” said Mark Mix, President of the National Right to Work Foundation. “If someone has a sincere religious objection to supporting a union thought to be immoral, his or her rights should be respected.”
“This case provides another reason why California desperately needs to pass Right to Work protections for its workers making union affiliation and dues payments completely voluntary.”
Security Guards Hit SEIU Local with Federal Charges
Security Guards Hit SEIU Local with Federal Charges
17 nonunion employees say union officials forced them to pay more dues than actual union members because they asserted their rights
San Francisco, CA (May 18, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, six security guards have filed unfair labor practice charges for themselves and 11 others against Service Employees International Union (SEIU) Local 24/7. The 17 nonunion employees allege that SEIU officials forced them to pay more union dues than actual SEIU members in retaliation for filing earlier charges against the union . . .
Security Guards Hit SEIU Local with Federal Charges
San Francisco, CA (May 18, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, six security guards have filed unfair labor practice charges for themselves and 11 others against Service Employees International Union (SEIU) Local 24/7. The 17 nonunion employees allege that SEIU officials forced them to pay more union dues than actual SEIU members in retaliation for filing earlier charges against the union.
The guards are all employed by Guard Maintenance Services Corporation, which is party to a monopoly bargaining agreement with Local 24/7. Because California lacks a Right to Work law making union membership and dues payment strictly voluntary, nonunion employees can be forced to pay union dues as a condition of employment.
In February 2012, the guards reached a settlement with SEIU officials regarding an earlier round of unfair labor practice charges. The settlement required the union to provide employees with an audited breakdown of its expenditures and allow nonunion workers to opt out of paying for union activities unrelated to workplace bargaining.
Despite this agreement, union officials failed to provide the guards with any details about their expenditures and sent conflicting information about how much money they could be forced to pay. Union officials then raised the fee for nonunion employees to a level that exceeds the amount paid by full SEIU members; a move the guards allege was retaliation for the first round of unfair labor practice charges.
The guards’ charges will now be investigated by a regional office of the National Labor Relations Board, a federal agency which administers private sector labor law.
“SEIU bosses are trying to keep nonunion workers in line by forcing them to pay more union dues than actual union members,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “The NLRB should put a stop to this illegal scheme immediately, but the best solution is a California Right to Work law, which would make union membership and dues payment strictly voluntary.”
National Workplace Advocacy Group Launches Charter School Initiative
National Workplace Advocacy Group Launches Charter School Initiative
Union bosses fail to block charter school education, now seek to make charter schools part of forced unionism empire
Washington, DC (May 16, 2012) – The nation’s premier advocate on behalf of workers impacted by forced unionism across the country has launched a new initiative to assist charter school teachers and other charter school employees exercise their rights so they can make informed decisions about unionization.
Led by National Right to Work Foundation staff attorneys, the National Right to Work Foundation’s Charter School Initiative will help charter school teachers and support personnel in the face of expanding efforts by union officials to unionize America’s charter schools.
All charter school employees are entitled to certain constitutional and statutory rights. Unfortunately, these rights are not automatically provided. To enjoy many of the benefits of these protected rights, an employee may first have to assert his or her entitlement to them.
Read the entire release here.
Union Official Threatens to Have Security Guard Fired Over Disagreement about Workplace Policy
Jeffersonville, IN (May 8, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a Sectek, Inc. security guard has filed federal unfair labor practice charges against International Guards Union of America (IGUA) Local 143 after a union official threatened to have him fired and denied his attempt to stop paying for union political lobbying.
Michael Cragwall attracted the union’s ire when he posted a petition on a workplace bulletin board dissenting from a union official’s letter to several congressmen and senators calling for relaxed training and safety standards. The official responded by threatening to kick Cragwall out of the union and have him fired from his job.
Disillusioned by the union’s so-called “representation,” Cragwall notified IGUA officials on April 20 that he was resigning his membership and opting out of paying for union dues unrelated to workplace bargaining.
Although Indiana’s recently-enacted Right to Work law states that no employee can be required to pay union dues as a condition of employment, forced dues contracts between unions and employers entered into prior to the effective date of the law remain in force throughout the state. In such workplaces, nonunion employees like Cragwall are only permitted to opt out of paying for union activities unrelated to workplace bargaining, such as political lobbying.
Union officials are also required to provide an audited breakdown of their expenditures to help nonunion employees determine exactly what they can be forced to pay for to keep their jobs. However, IGUA officials refused to provide any information about their expenses to Cragwall. They also claimed that the union does not engage in any political lobbying, despite the fact that the dispute arose over a letter a union official wrote to several political office-holders.
Cragwall’s charges will now be investigated by the National Labor Relations Board, a federal agency responsible for administering private sector labor law.
“We hope the NLRB will intervene promptly to stop union officials from taking anymore of Mr. Cragwall’s hard-earned money,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “Fortunately, Indiana’s newly-enacted Right to Work law will ensure Mr. Cragwall is one of the last Hoosiers who can be forced to pay union dues or fees just to keep a job.”
Hotel Employee Files another Round of Federal Charges against Scofflaw Union
Honolulu, HI (May 10, 2012) – With free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, a Hyatt Regency employee has filed another round of federal unfair labor practice charges against the UNITE HERE Local 5 union.
Steven Taono doesn’t belong to Local 5 but can still be forced to pay union dues as a condition of employment because Hawaii lacks a Right to Work law. However, the Foundation-won Supreme Court precedent Communication Workers v. Beck holds that nonunion employees cannot be forced to pay for union activities unrelated to workplace bargaining, such as political lobbying or members-only activities.
In December 2011, Taono received a breakdown of union financial expenditures from Local 5. According to the union’s books, he was forced to contribute to a variety of activities outside the scope of workplace negotiations, including UNITE HERE political lobbying and a union strike fund.
Taono’s charges follow similar allegations raised last week by two other Honolulu hotel workers, who also contend that union officials forced them to pay for union political activism.
The charges will now be investigated by the National Labor Relations Board, a federal agency charged with administering private sector labor law.
“Once again, UNITE HERE bosses have demonstrated how little regard they have for workers’ rights,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “The only permanent solution to chronic union law-breaking is a Hawaii Right to Work law, which would ensure that no employee can be forced to join or pay dues to a union.”
National Workplace Advocacy Group Launches Charter School Initiative
Washington, DC (May 16, 2012) – The nation’s premier advocate on behalf of workers impacted by forced unionism across the country has launched a new initiative to assist charter school teachers and other charter school employees exercise their rights so they can make informed decisions about unionization.
Led by National Right to Work Foundation staff attorneys, the National Right to Work Foundation’s Charter School Initiative will help charter school teachers and support personnel in the face of expanding efforts by union officials to unionize America’s charter schools.
All charter school employees are entitled to certain constitutional and statutory rights. Unfortunately, these rights are not automatically provided. To enjoy many of the benefits of these protected rights, an employee may first have to assert his or her entitlement to them.
The National Right to Work Foundation’s Charter School Initiative aims to enlighten charter school employees so that they can make decisions about union representation in an atmosphere free of union boss threats, harassment, coercion or misrepresentation.
Foundation attorneys have developed free educational materials for charter school teachers and employees and are available to provide free legal assistance to workers who may need it.
“Union bosses have decided that if they can’t stop the growth of charter schools, then they might as well try to force their employees under a union monopoly,” said Mark Mix, President of National Right to Work. “Of course this could prove disastrous for charter school teachers and students nationwide and we are prepared to defend charter school workers from the injustices of forced unionism.”
