Wooster, OH (April 12, 2012) – With free legal assistance from National Right to Work Foundation attorneys, a ArtiFlex Manufacturing employee has won a settlement from a local union for violating his and his coworkers’ rights.

In October 2011, Shreve-based United Steelworkers (USW) Local 1-801 union officials illegally threatened Dave Monahan and his colleagues with termination if they refused to formally join the union.

Union officials neglected to inform Artiflex workers of their rights to refrain from formal union membership and the payment of full union dues. In the Right to Work Foundation’s Communications Workers v. Beck Supreme Court case, the Court held that union officials cannot compel nonmember workers to pay the portion of union dues used for political, lobbying, and member-only activities.

Because Ohio does not have a Right to Work law, however, workers who refrain from union membership can still be compelled to pay union dues for workplace bargaining as a condition of employment.

On October 25, 2011, Monahan signed a union membership card under protest to keep his job. He then contacted the National Right to Work Foundation for free legal assistance. Monahan subsequently filed federal unfair labor practice charges against Local 1-801 with the National Labor Relations Board (NLRB) regional office in Cleveland.

As a result of the charges, USW Local 1-801 officials were forced to settle the case. The settlement requires union officials to return all illegally-seized dues to objecting nonmember employees and mail and post notices in the workplace informing all workers of their right to refrain from full-dues-paying union membership.

“Steelworker union officials exploited their monopoly bargaining powers to force workers into full dues-paying union ranks,” said Mark Mix, President of National Right to Work. “Ohio desperately needs a Right to Work law making union membership and dues payments completely voluntary.”

“Until then, workers will be forced to pay for unwanted ‘representation’ from union bosses who disingenuously claim to have employees’ best interests at heart,” added Mix.

Cleaning Service Union Sweeps Workers’ Rights Under the Rug

Case underscores need for Massachusetts Right to Work law

Boston, MA (April 6, 2012) – Workers caught in a battle between a local union and Lynn-based Complete Cleaning, Inc. are fighting back.

With free legal assistance from the National Right to Work Foundation, Jairo Hernandez of Lynn filed federal charges against Service Employees International Union (SEIU) Local 615 after union officials claimed to have monopoly bargaining privileges over the workplace with only a handful of signatures from workers supporting the union.

Hernandez filed the charges for himself and his coworkers with the National Labor Relations Board (NLRB) regional office in Boston.

SEIU Local 615 officials claim monopoly bargaining privileges over Complete Cleaning’s workers even though workers nearly unanimously oppose the union hierarchy in their workplace. Under federal law, it is illegal for a union to claim monopoly bargaining status over a workplace without majority employee support.

Read the entire release here.

Boston, MA (April 6, 2012) – Workers caught in a battle between a local union and Lynn-based Complete Cleaning, Inc. are fighting back.

With free legal assistance from the National Right to Work Foundation, Jairo Hernandez of Lynn filed federal charges against Service Employees International Union (SEIU) Local 615 after union officials claimed to have monopoly bargaining privileges over the workplace with only a handful of signatures from workers supporting the union.

Hernandez filed the charges for himself and his coworkers with the National Labor Relations Board (NLRB) regional office in Boston.

SEIU Local 615 officials claim monopoly bargaining privileges over Complete Cleaning’s workers even though workers nearly unanimously oppose the union hierarchy in their workplace. Under federal law, it is illegal for a union to claim monopoly bargaining status over a workplace without majority employee support.

Furthermore, the SEIU filed federal charges against Complete Cleaning in an attempt to force the employer to negotiate a contact with the union.

Because Massachusetts does not have a Right to Work law making union dues payments strictly voluntary, SEIU officials will almost certainly demand a contract that forces Complete Cleaning’s workers into union dues payments.

“SEIU officials are pulling out all the stops to force their so-called ‘representation’ – and with it forced dues payments – down workers’ throats,” said Mark Mix, President of National Right to Work. “Massachusetts desperately needs a Right to Work law to make it less difficult for workers to keep predatory union bosses in check.”

Indiana Workers Ask to File Amicus Brief Defending Hoosier Right to Work Law

Union lawyers seek to shut workers out of the proceedings

Hammond, IN (April 2, 2012) – Today, a group of Indiana workers from across the state filed a motion for leave to file an amicus brief in federal court in support of their newly-enacted Right to Work freedoms.

With free legal assistance from the National Right to Work Foundation, the four workers – David Bercot, a certified wastewater operator for ITR Concession Company which services Indiana toll road rest stops in the Fort Wayne-area; Joel Tibbetts, a Minteq International assistant manager in Valparaiso; Douglas Richards, an employee with Goshen-based Cequent Towing Products; and Larry Getts, a Dana Holding Corporation tube press technician in Albion – all joined in the brief defending the law against a union-boss challenge.

International Union of Operating Engineers (IUOE) Local 150 headquartered in suburban Chicago, Illinois filed the federal lawsuit in late February challenging the law and requesting an injunction against its implementation.

Read the entire release here.

Hammond, IN (April 2, 2012) – Today, a group of Indiana workers from across the state filed a motion for leave to file an amicus brief in federal court in support of their newly-enacted Right to Work freedoms.

With free legal assistance from the National Right to Work Foundation, the four workers – David Bercot, a certified wastewater operator for ITR Concession Company which services Indiana toll road rest stops in the Fort Wayne-area; Joel Tibbetts, a Minteq International assistant manager in Valparaiso; Douglas Richards, an employee with Goshen-based Cequent Towing Products; and Larry Getts, a Dana Holding Corporation tube press technician in Albion – all joined in the brief defending the law against a union-boss challenge.

International Union of Operating Engineers (IUOE) Local 150 headquartered in suburban Chicago, Illinois filed the federal lawsuit in late February challenging the law and requesting an injunction against its implementation.

Both Bercot’s and Tibbetts’s workplaces are unionized by the IUOE Local 150 union hierarchy. Both workers have refrained from union membership. However, they are still forced to accept IUOE Local 150 union officials’ so-called "representation" and are required to pay dues to the union as a condition of employment until expiration of contracts entered into before Indiana’s Right to Work law was enacted.

Despite both workers having to accept the IUOE union hierarchy’s "representation" by force (as a condition of their employment), IUOE union lawyers have already moved to exclude the workers’ voluntarily-sought and wanted legal representation – National Right to Work Foundation attorneys – from the proceedings.

"IUOE union bosses believe one set of rules should apply to them while the workers who are forced to accept their so-called ‘representation’ are essentially told to shut up and stay out of the way," said Mark Mix, President of the National Right to Work Foundation. "Fortunately, these courageous workers are dedicated to protecting their rights in the face of rank union boss hypocrisy."

Indiana is the nation’s 23rd Right to Work state. Public polling shows that nearly 80 percent of Americans support the Right to Work principle, including 80 percent of union members.

Judge Reaffirms Legal Basis for Government Union Reforms While Striking down Part of Wisconsin’s Act 10

Ruling makes clear: Future reforms that include all government sector unions would be safe from legal challenges

Madison, WI (March 30, 2012) – In response to Judge Conley’s opinion striking down several aspects of Wisconsin’s recently-enacted public sector union reforms, National Right to Work Legal Defense Foundation President Mark Mix issued the following statement:

“Critically, Judge Conley’s ruling reaffirms the right of states to limit government union officials’ monopoly bargaining powers. Once again, a federal court has made it clear that union officials have no right to collect dues or fees from nonmembers.”

“While we disagree with the ruling’s conclusion that there isn’t a rational basis for recertification requirements and a ban on the use of taxpayer funded-payroll systems to collect union dues for general employees, the opinion shows why public safety officials should not have been exempted in the first place. The real solution to the ‘equal protection’ claims raised by the plaintiffs in this lawsuit is to apply Act 10 to all government employee unions and stop – in the judge’s words – ‘selectively subsidizing public unions.’ If anything, this ruling provides a blueprint for state legislators looking to limit union officials’ extraordinary special legal powers that no other private organization enjoys.”

Read the entire release here.

Madison, WI (March 30, 2012) – In response to Judge Conley’s opinion striking down several aspects of Wisconsin’s recently-enacted public sector union reforms, National Right to Work Legal Defense Foundation President Mark Mix issued the following statement:

“Critically, Judge Conley’s ruling reaffirms the right of states to limit government union officials’ monopoly bargaining powers. Once again, a federal court has made it clear that union officials have no right to collect dues or fees from nonmembers.”

“While we disagree with the ruling’s conclusion that there isn’t a rational basis for recertification requirements and a ban on the use of taxpayer funded-payroll systems to collect union dues for general employees, the opinion shows why public safety officials should not have been exempted in the first place. The real solution to the ‘equal protection’ claims raised by the plaintiffs in this lawsuit is to apply Act 10 to all government employee unions and stop – in the judge’s words – ‘selectively subsidizing public unions.’ If anything, this ruling provides a blueprint for state legislators looking to limit union officials’ extraordinary special legal powers that no other private organization enjoys.”

In addition to upholding most of Act 10, the order granted three employees represented by National Right to Work Foundation and Wisconsin Institute for Law & Liberty attorneys amicus status. Each of the employees has exercised their right to refrain from full membership in the same public sector unions challenging Act 10 and favor the protections the reforms give them as nonmember employees.

A number of other groups had asked to file amicus briefs, but were all denied by Judge Conley.

IUOE Union Bosses Face Federal Charges for Nixing Union Financial Disclosure

Repeat union offender highlights why Indiana needed Right to Work law that ends forced dues powers

Indianapolis, IN (March 30, 2012) – A union headquartered in suburban Chicago that is challenging Indiana’s newly-enacted Right to Work law in federal court is again facing legal woes for violating workers’ rights.

National Right to Work Foundation attorneys are providing free legal assistance to David Bercot of Orland, a certified wastewater operator for the ITR Concession Company, which services toll road rest stops in the Fort Wayne area. Bercot has field federal unfair labor practice charges against International Union of Operating Engineers (IUOE) Local 150 for refusing to provide him information about union financial expenditures.

Bercot must accept IUOE officials’ so-called “representation” and is still required to pay dues to the union to keep his job until the union’s current contract expires, after which he will be freed from that requirement by Indiana’s new Right to Work law.

Read the entire release here.

Indianapolis, IN (March 30, 2012) – A union headquartered in suburban Chicago that is challenging Indiana’s newly-enacted Right to Work law in federal court is again facing legal woes for violating workers’ rights.

National Right to Work Foundation attorneys are providing free legal assistance to David Bercot of Orland, a certified wastewater operator for the ITR Concession Company, which services toll road rest stops in the Fort Wayne area. Bercot has field federal unfair labor practice charges against International Union of Operating Engineers (IUOE) Local 150 for refusing to provide him information about union financial expenditures.

Bercot must accept IUOE officials’ so-called “representation” and is still required to pay dues to the union to keep his job until the union’s current contract expires, after which he will be freed from that requirement by Indiana’s new Right to Work law.

While Bercot is forced to pay a certain portion of union dues, he is also entitled to receive an independently-audited breakdown of union financial expenditures to help him determine how much money he is obligated to contribute. IUOE Local 150 union officials only provided Bercot with an incomplete breakdown of their financial expenditures.

Bercot filed federal charges with the National Labor Relations Board (NLRB) Region 25 in Indianapolis contesting the union hierarchy’s lack of disclosure. Recently, IUOE Local 150 union officials were forced to settle another case by reimbursing two workers $1,268 after refusing to recognize their right to refrain from full-dues-paying union membership.

Bercot’s charges also object to another aspect of union policy, which requires employees to renew their objection to paying full union dues during a brief “window period.” If employees miss the window period, they must pay full union dues for another year.

Under federal law, workers have the right to permanently object to union dues.

Meanwhile, in response to IUOE Local 150 union bosses’ recent federal lawsuit against Indiana’s Right to Work law, Bercot joined a group of Indiana workers from across the state to file an amicus brief in support of their newly-enacted Right to Work freedoms.

“IUOE Local 150 union bosses have waged a long campaign against Indiana’s workers, even before their frivolous federal lawsuit against Indiana’s new Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “A Right to Work law guards against IUOE bosses’ continuing efforts to take workers’ hard-earned money from their paychecks as a condition of employment.”

Washington, DC (March 26, 2012) – With the help of National Right to Work Foundation attorneys, seven workers moved to intervene in a D.C. Circuit Court of Appeals case that could determine if President Obama’s recent recess appointments to the National Labor Relations Board (NLRB) are constitutional.

John Lugo, Douglas Richards, David Yost, Connie Gray, Karen Medley, and Janette and Tommy Fuentes are all involved in cases pending before the Board. They seek to intervene in a federal court appeal from a recent NLRB decision which presents the issue of whether the Board had the required three-member quorum to make a ruling.

If the NLRB’s decision is upheld by the Circuit Court, the ruling would allow President Obama’s questionable recess appointees to remain on the Board. The seven Foundation-assisted workers wish to intervene to challenge the constitutionality of the appointments because they’re involved in NLRB cases that could be decided by illegally-installed Board members.

Foundation attorneys argue that President Obama’s controversial Board appointees were not legitimate because the U.S. Senate was still in session according to its own rules when the appointments were made. Consequently, the NLRB lacks the necessary quorum to issue any new rulings.

“President Obama’s latest pro-Big Labor power grab not only threatens workers’ rights, it also undermines our delicate constitutional balance,” said Mark Mix, President of the National Right to Work Foundation. “That’s why we’re helping seven hard-working citizens challenge the constitutionality of these bogus recess appointments before the Board can rule on their cases.”

In January, Foundation attorneys helped file the first legal challenge to Obama’s recess NLRB appointees. In that case, currently on appeal, a federal judge has focused on the legality of a controversial NLRB rule forcing employers to post a biased notice intended to assist aggressive union organizers.

“One way or another, we need to get to the bottom of what is a constitutional crisis,” continued Mix. “These ‘non-recess recess appointments’ are a clear violation of the Constitution, and a testament to just how far the Obama Administration will go to push Big Labor’s agenda.”