Mark Mix Op-ed: “When Alabama workers fought for years to escape the UAW ‘Roach Motel’”
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
To inform Alabama Mercedes-Benz workers of their rights and the availability of free legal aid as United Auto Workers (UAW) union bosses targeted them with an aggressive unionization campaign, Foundation staff got this opinion piece from Mark Mix published in The Center Square this May. The workers ended up voting against installing the UAW at their workplace.
May 16, 2024 | Mark Mix, president of the National Right to Work Foundation
Although the upcoming vote of Alabama Mercedes-Benz employees over whether or not to affiliate with officials from the Detroit-based United Autoworkers union has been billed as a historic first for the state, in fact it isn’t.
Based in Hamilton, Ala., workers at NTN-Bower, which manufactures roller bearings used in vehicle wheels, were subject to UAW representation from 1976 until the workers kicked the union out in 2015 after a protracted legal fight.
In Hamilton, UAW bosses ordered a divisive, prolonged strike at the plant. When some employees decided to defy union orders and exercise their right to return to work despite the strike, they faced aggressive harassment from UAW partisans, including tacks dropped to flatten tires and even racial slurs.
“Someone had to stand up for families like mine who simply couldn’t risk going on strike,” said Ginger Estes, who would go on to lead a petition to “decertify,” or remove, the UAW. “It didn’t take me long to see firsthand how the UAW was putting the plant at risk.
“The union’s leaders were willing to gamble with the livelihoods of hundreds of workers and were actively protecting lazy and incompetent employees who made the rest of us look bad.”
When workers began collecting decertification petitions at NTN-Bower, the harassment ramped up again.
Estes, whose husband and son also worked at the plant, took the threats personally. “During my signature-gathering process, I frequently had harassing phone calls made to my house and even had three of our family dogs die under mysterious circumstances.”
Eventually, Estes and her coworkers collected enough signatures to get the National Labor Relations Board to schedule a decertification election. However, workers soon found out that UAW officials weren’t willing to accept the results when a majority voted to reject the union.
UAW lawyers got the NLRB to overturn the first election’s result. When a rerun election occurred, a majority again voted against keeping the union, but UAW lawyers got that vote thrown out too. In a third election the UAW supposedly “won,” but that vote was disallowed due to obvious vote fraud, as more votes were cast than there were actual eligible voters.
In the fourth election, the UAW got the vote against them overturned. In the fifth and final vote, the largest majority yet voted to remove the UAW. This time, with free representation from National Right to Work Foundation attorneys, UAW lawyers were unable to overturn the result.
It took multiple years and five votes for the Alabamians at NTN-Bower to finally overcome UAW tactics designed to disenfranchise them. In the process, they saw how union officials had mistreated workers who questioned the union.
Unfortunately, their story is hardly unique.
Take the recent case of employees at a Nissan North America, Inc. parts distribution center in Somerset, New Jersey. After the previous contract expired, workers expressed frustration with how UAW officials openly ignored their voice and treated rank-and-file workers with contempt.
“UAW union officials were far more concerned with hoarding power in the workplace than communicating with or listening to workers,” observed Nissan employee Michael Oliver, who led the effort to remove the UAW. “They kept us completely in the dark about contract negotiations and treated anyone in the workplace who opposed their agenda or questioned their leadership with a huge amount of arrogance, contempt and even intimidation.”
At the election held last month, 70% of workers voted to remove the union, but the vote almost didn’t happen. UAW officials rushed to impose a contract, seemingly in an attempt to halt the decertification vote for years and/or influence its outcome.
Fortunately, the UAW’s tactics failed. The Nissan workers saw the UAW contract and voted overwhelmingly to send union officials packing.
When workers contact the National Right to Work Foundation for legal assistance with decertification, they frequently report that union organizers told workers that “if you don’t like the union, then you can always vote us out later.”
As experiences of workers at NTN-Bower and Nissan demonstrate, union officials often use underhanded legal tactics to disenfranchise the very workers they claim to “represent.”
That’s why, following her multi-year battle with UAW bosses, Alabama NTN-Bower employee Ginger Estes concluded: “The UAW will make lots of promises to workers during its campaign that it’s under no obligation to keep. But like a roach motel, once you check in to the UAW, it’s difficult if not impossible to check out.”
Hydra-Lock Employees Win Decertification Vote, Oust UAW Union
After corruption scandal and Right to Work Repeal, Michigan workers win their freedom from UAW bosses and forced union dues
Detroit, MI (October 29, 2024) – Production and maintenance employees at Hydra-Lock Corp. a hydraulic tooling company based in Mt. Clemens, Michigan, have voted to remove United Auto Workers (UAW) Local 155 union officials from their workplace. The National Labor Relations Board (NLRB) conducted the vote following Hydra-Lock employee Keith Woody’s submission of a petition in which his colleagues requested an election to “decertify,” or remove, the union. Woody received free legal aid from National Right to Work Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install and remove unions. Woody’s petition contained signatures from the majority of his colleagues in support of having a decertification election, well over the threshold of employee signatures needed to trigger such a vote under NLRB rules.
Michigan legislators’ 2023 repeal of the state’s Right to Work protections went into effect this February, meaning UAW union officials had the legal power to enforce job conditions that required Woody and his coworkers to pay dues or fees just to keep their jobs. In Right to Work states, in contrast, union membership and financial support are strictly voluntary.
The decertification win means Woody and his coworkers are no longer obligated to pay union dues as a condition of employment, and are officially free from UAW union officials’ one-size-fits-all monopoly “representation.”
Michigan Legislators Repealed Right to Work Despite Massive UAW Scandal
In March 2023, a bare majority of Michigan legislators voted along partisan lines to repeal Right to Work at the behest of union special interests, ending workers’ ability to decide for themselves whether or not union officials deserve their dues money. The imposition of union bosses’ power to force employees to “pay up or be fired” came despite polling showing Michiganders, including those in union households, overwhelmingly opposed the elimination of workers’ Right to Work protections.
After the repeal became effective this February, workers from across the Great Lakes State sought help from National Right to Work Foundation staff attorneys in escaping union bosses’ forced-dues demands. The total cases that Foundation attorneys have filed for Michigan workers in 2024 is already well more than double the number for all of 2023. Foundation-backed workers from across the state have recounted a wide variety of union boss misdeeds since the repeal, including forcing workers with religious objections to join and pay dues, taking dues money directly from workers’ paychecks without their permission, coercing workers into contributing to union Political Action Committees (PACs), and more.
The Michigan Right to Work repeal also came after a years-long federal probe revealed massive corruption within the UAW hierarchy. Over a dozen UAW officials received jail sentences for embezzling and spending millions in workers’ dues money on luxury goods, vacations, and other personal items. A federal monitor is still overseeing the Detroit-based union, and reportedly are investigating current UAW President Shawn Fain for misappropriating union funds and abusing his power.
“Michigan’s repeal of Right to Work left many workers forced to fund union bosses that were ineffective, divisive, or outright corrupt, which is outrageous considering Michigan legislators had just witnessed the implosion of the Detroit-based UAW over corruption and embezzlement,” commented National Right to Work Foundation President Mark Mix. “Hydra-Lock employees, like many others across the state, are nonetheless fighting to regain control of their workplaces from unwanted union hierarchies. We are proud to support their efforts to stand up against union coercion
“Michigan workers should not hesitate to contact National Right to Work Foundation attorneys for free assistance in standing up for what rights they still have in this new legal environment,” Mix added.
As IAM Strike Order Drags on, National Right to Work Foundation Offers Legal Aid to Boeing Employees Who Want to Work
Foundation notifies employees that those wishing to continue working during a strike should resign their memberships before returning to work
Seattle, WA (October 25, 2023) – The National Right to Work Legal Defense Foundation is emphasizing to Seattle-based Boeing employees that they have options to return to work even amidst International Association of Machinists (IAM) union officials’ extended strike order. Union officials announced on October 23 that their strike order against Boeing – which began well over a month ago – would continue.
A Foundation legal notice informs Boeing employees of their rights, including their right to rebuff the strike order and work to support their families as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“The situation presents serious concerns for employees who believe there is much to lose from a union-ordered strike,” the notice reads. “That is why workers confronted with strike demands frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other harsh union discipline for continuing to report to work to support themselves and their families.”
The full notice is available at https://www.nrtw.org/BoeingStrike/.
Legal Notice: Boeing Workers Who Wish to Work Must Resign From Union Before Returning
The notice outlines the process that Boeing employees should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that IAM union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships before returning to work.
“Union officials can (and often do) fine actual union members who work during a strike,” the notice says. “So, you should seriously consider resigning at least one day BEFORE you return to work during a strike, which is the best way to avoid these union fines and discipline.
“If possible, use certified mail, return receipt requested, and save copies of your letters and the return receipt to prove delivery,” the notice continues, adding that workers who choose to submit their union resignations to union officials in person should have a reliable witness present to combat potential false claims from union officials that they did not actually receive a worker’s resignation.
Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract between IAM union officials and Boeing management. The notice encourages employees to seek free legal aid from the Foundation if they experience any resistance as they attempt to exercise any of these rights.
Foundation attorneys recently helped a Seattle Boeing worker take legal action against IAM officials for seizing his money illegally.
“As this strike order continues with no clear end in sight, many Boeing workers may decide that going on strike is not the best course of action for them, and Foundation attorneys stand ready to aid these workers in defending their right to continue working and providing for their families,” commented National Right to Work Foundation President Mark Mix.
Post-Right to Work Repeal, MI Workers Vote to Cancel Union Bosses’ Forced-Dues Power
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
With Foundation aid, workers are fighting forced unionism through “deauthorization votes”
From Forced Dues to Freedom: Robert Gray and his coworkers at MV Transportation are part of a growing movement by Michigan workers to attack union boss privileges in the wake of the repeal of Right to Work.
MICHIGAN – MICHIGAN – As Big Labor’s pet politicians in the Michigan legislature prepared to repeal the state’s Right to Work law in 2023, Michiganders spoke out: Polling data revealed that a majority of Great Lakes State voters — including over 70% of those from union households — wanted to leave the law in place. Because Michigan’s Right to Work law protected workers’ right to freely choose whether union bosses had earned their dues money and served as a boon to Michigan’s economy, such broad support was unsurprising.
Since the party-line vote repealing the popular law took effect this February, Michigan workers are speaking out again.
So far in 2024, National Right to Work Foundation staff attorneys have already filed double the amount of cases than the prior year for Michigan workers, many of whom are pushing back against union officials’ new powers to force workers to pay dues as a condition of keeping a job. And this July, two sets of workers from across the state successfully voted to strip union bosses of their forced-dues powers in a process known as a “deauthorization election.”
Workers Across Industries Band Together Against Pay-Up-or-Be-Fired Demands
Mechanics from Brown Motors (a Ford, Chrysler, Dodge, and Jeep dealer) in Petoskey and drivers from MV Transportation (a transportation contractor) in Ypsilanti voted by well over 70% to strip forced-dues powers from Teamsters and Amalgamated Transit Union (ATU) bosses respectively after successfully petitioning for such votes with Foundation aid.
National Labor Relations Board (NLRB) rules require that at least 30% of a work unit sign onto an employee petition to trigger a deauthorization election. The only ways that workers in non-Right to Work states can end union bosses’ forced-dues powers are by either voting as a majority against forced dues in such an election (as the Brown Motors and MV Transportation employees have done), or by voting to remove the union entirely in a “decertification election.”
MI Workers Catch Union Bosses Red-Handed Violating Federal Law
Despite these encouraging efforts, it’s clear that the Right to Work repeal has emboldened Michigan union officials to play fast and loose with workers’ rights. But workers across the Great Lakes State are stepping up to defend their freedom with the benefit of Foundation legal expertise.
Other ongoing Foundation cases for Michigan workers include an NLRB case for Detroit-area Kroger employee Roger Cornett. Cornett faced post-repeal threats from his employer that he would be terminated if he did not sign a United Food and Commercial Workers (UFCW) membership form that included a page authorizing payments to the union’s Political Action Committee (PAC). Similarly, Foundation attorneys filed multiple federal charges for Grand Rapids-area General Electric (GE) worker Richard Howard, whom United Auto Workers (UAW) bosses had fired after he refused to join and pay full union dues, including dues for political expenses.
Both forced union membership and forced contributions to a union’s political activities are illegal even in a non-Right to Work environment under longstanding federal law and the Foundation-won Communications Workers of America v. Beck Supreme Court decision.
Foundation attorneys also recently filed federal charges for Madrina Wells and Lynette Doyle, two nurses at Ascension Genesys Hospital near Flint, MI. The charges maintain that Teamsters union officials threatened to fire them and other nurses if they didn’t sign forms authorizing union officials to deduct dues straight out of their paychecks. Requiring workers to give union bosses direct access to their paychecks is another common union boss scheme forbidden by federal law.
“Despite the fact that an overwhelming majority of Michiganders wanted Right to Work to remain in place, Michigan politicians repealed it on a party-line vote to appease the union boss puppeteers that fund their campaigns,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “Within just months of the repeal becoming effective, workers from all corners of the state are fighting — and winning — battles to limit union bosses’ power, showing that Michigan workers are not going to take this attack on their individual rights sitting down.”
IBEW Union Back Down After Chicago 911 Operator Filed Charges Challenging Dues Seizures
IBEW union officials falsely told employee that union had no power to stop dues deductions
Chicago, IL (October 24, 2024) – Patricia Whittaker, a 911 operator for the City of Chicago, has triumphed in her legal fight to halt union dues payments to the International Brotherhood of Electrical Workers (IBEW) Local 21 after union officials misled her about her rights and obstructed her attempts to stop the deductions. With help from the National Right to Work Legal Defense Foundation, Whittaker filed charges with the Illinois Public Employment Relations Board (PERB) to assert her rights.
Whittaker sent multiple requests to IBEW union officials to end union deductions, as is her First Amendment right under the Foundation-won Janus v. AFSCME Supreme Court decision. In Janus, the Supreme Court declared that union officials could not force public sector employees to pay union dues as a condition of employment, and that union officials must obtain affirmative employee consent before deducting union dues from any public worker’s paycheck.
Union officials instead engaged in a deceptive cycle in which Whittaker was told to resolve the matter with her employer, while the employer directed her back to the union, resulting in continued dues deductions without her consent that lasted over 10 months. In doing so, the charges maintained, union officials misstated the law by making it appear as if the employer, not the union, was the one responsible for ordering a stop to dues deductions.
Union Deception Violates Workers’ Rights
As part of this scheme, IBEW Local 21 union officials at one point tried to portray themselves as the “good guys” by continuing to take dues money from Whittaker’s paycheck, but then “reimbursing” those dues deductions by check, according to Whittaker’s charges. They did this to appear as if they were pacifying Whittaker while they worked out a way to “win her back,” despite the fact that Whittaker made clear to them she just wanted to cut ties with the union.
In Other Recent Case, IBEW Local 21 Stopped Janus Violations After Foundation Involvement
This isn’t the first time IBEW 21 union officials have been caught imposing illegal dues practices on Chicago 911 employees. In June, Rhonda Younkins, also triumphed in her months-long legal battle to exercise her First Amendment right to stop all union dues payments to IBEW Local 21. As with Whittaker’s case, IBEW Local 21 union officials stopped their violation of Younkins’ Janus rights only after Foundation attorneys filed charges at PERB on Younkins’ behalf.
Continued Impact of Janus Decision
The Foundation-won Janus v. AFSCME U.S. Supreme Court ruling, issued in June 2018, affirmed that public employees cannot be forced to pay union dues or fees without their affirmative consent. This decision has empowered employees like Whittaker to challenge union overreach and unlawful dues deductions. Since the ruling, hundreds of thousands public employees across the country have exercised their Janus rights to opt out of union payments.
The Janus ruling has already led to major changes across the country. Before the decision, millions of public sector workers, including many in Illinois, were required to pay union dues or fees as a condition of employment. Immediately following the ruling, around 450,000 public employees stopped paying union dues, with many others following in subsequent years as litigation backed by Foundation attorneys continues to defend their rights.
“The behavior of IBEW Local 21 union officials highlight just how crucial it is for public employees to be aware of and assert their Janus rights,” said National Right to Work Legal Defense Foundation President Mark Mix. “While we are pleased to see IBEW officials back down once again, it is unacceptable that it takes aggressive legal action just to force union officials to respect workers’ constitutional rights.”
Citing Federal Student Privacy Law, Vanderbilt Graduate Students Move to Block UAW Union Organizers from Obtaining Their Personal Info
“John Doe” grad students resist Labor Board claim that labor law can override Family Educational Rights and Privacy Act
Nashville, TN (October 23, 2024) – Two graduate students at Vanderbilt University are seeking to intervene in a federal case in which Vanderbilt Graduate Workers United (VGWU, an affiliate of the United Auto Workers union, UAW) union officials are demanding personal information that the students wish to keep private. The students, who identify themselves in legal documents as “John Doe 1” and “John Doe 2,” have obtained free legal aid from the National Right to Work Legal Defense Foundation to challenge a union subpoena demanding their personal information.
The students’ motion to intervene is now before the National Labor Relations Board (NLRB) in Washington, DC, following a special appeal from an NLRB Region 10 decision that tossed the motion on the specious ground that the students are “not a labor organization” and consequently have no interest in the case.
VGWU union bosses are seeking the students’ personal information as part of the union campaign to place Vanderbilt graduate students under UAW union monopoly bargaining control. NLRB Region 10 in Atlanta has issued a subpoena at the union’s behest seeking to force Vanderbilt University to hand over this information to union officials. However, the graduate students argue that the Family Educational Rights and Privacy Act (FERPA) forbids the Vanderbilt administration from disclosing this information to any third parties without their permission, including the UAW.
“The…subpoena to Vanderbilt is an attempt to violate FERPA’s protections, privileging union interests over the graduate students[’] privacy rights,” reads the graduate students’ appeal. “The Graduate Students seek to provide the Region legal arguments in support of their privacy interests, and against the…subpoena of Vanderbilt.”
Students Want Stop in Subpoena Enforcement So They Can Defend Their Privacy
The students’ original motion to intervene notes that FERPA’s language permits students to seek “protective action” if a university receives a subpoena seeking their personal information, as in this case. In light of that, the students are asking for a halt in the subpoena’s enforcement so they can properly defend their privacy interests. While the motion notes that the NLRB’s standards for allowing intervention have been unclear over the years, it argues that the students’ goal to defend their privacy interests provides a solid ground for intervention.
The VGWU union is an affiliate of the UAW union, which has a penchant for ignoring or violating employee rights in pursuit of gaining greater power over workers, businesses, and other institutions. The union is still under federal monitoring following a years-long embezzlement probe that uncovered millions of dollars in workers’ dues money misspent on luxury items, gambling, vacations, and more. The probe resulted in the convictions of about a dozen top UAW bosses.
“UAW officials are seeking to override college students’ federal privacy protections, which in addition to having no basis in law also treats students as pawns in the union’s ascent to power at the university,” commented National Right to Work Foundation President Mark Mix. “The NLRB under both Obama and Biden has twisted longstanding labor law to give union bosses the power to force students into dues-paying union ranks. But graduate students across the country are increasingly discovering that heavy-handed union monopoly bargaining power means less freedom both in and out of the classroom and more inefficiency, disruption, and radical political activism.
“Union monopoly bargaining is a system particularly ill-suited to an academic environment. But it also forces workers all over the country to associate with and pay dues to union bosses they never wanted and may have explicitly voted against,” Mix added. “The Vanderbilt students we represent are right to resist this kind of compulsion and we will defend their right to privacy.”
SoCal AT&T Employee Hits Company and CWA Union With Federal Charges for Illegal Collusion to Unionize Workers
Charge: Union left after employees demanded vote to kick union out; now back as unlawful ‘company union’ under backroom deal
Los Angeles, CA (October 22, 2024) – Matthew Gonzales, an In-Home Expert for AT&T Mobility in Southern California, has just filed federal charges against both his employer and officials of the Communications Workers of America (CWA) union. Gonzales maintains that AT&T and CWA officials have colluded to force workers under the control of a “company union” in violation of federal labor law. Gonzales filed the charges at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
The charges state that the CWA union and company started this arrangement despite the fact that there is no evidence of majority employee support for a union, and despite the fact that CWA union officials voluntarily abandoned Gonzales’ unit of In-Home Experts just last month after a large number of employees demanded an election to remove CWA from power (but before that vote could occur). According to the charges, despite the union’s formal departure, a CWA notice declared shortly after that “[n]ew hires will immediately be included in the [union] bargaining unit” and that AT&T would even help conduct a campaign to add existing workers to the union’s monopoly bargaining ranks.
The National Labor Relations Act (NLRA), which is administered by the NLRB and governs labor relations in the private sector, disallows the formation of company unions. Specifically, it prohibits employers from “dominat[ing] or interfer[ing] with the formation or administration of any [union]” or “coerc[ing] employees in the exercise of [their] rights” to either participate or not participate in a union.
Gonzales’ charge argues that AT&T’s and CWA’s actions have “violated employee free choice guaranteed by Section 7 of the [NLRA] by allowing CWA to act as their exclusive representative without majority [support],” and “given CWA unmerited opportunities to foist exclusive representation on unwilling employees.” Further, Gonzales maintains that a “Memorandum of Agreement of Voluntary Recognition” that AT&T and CWA are using to spell out this scheme actually amounts to a monopoly bargaining contract, and has been used to justify restrictions against Gonzales for opposing the union campaign.
CWA Union Officials Want Illicit ‘Second Bite at Apple’ After Being Forced Out by Employees
Gonzales’ charges detail that, roughly a month after he and his coworkers had successfully forced the CWA union out by petitioning for a union decertification vote, CWA released notices to the work unit in late September stating that a survey would soon be released to determine which employees to add to a separate “bargained-for unit” controlled by the union. It also stated that “[a]ll employees hired into the IHX department after this process is complete will be protected under our collective bargaining agreement.”
On October 8, the charges say, Gonzales visited an AT&T facility on his own time to observe an event that CWA officials held to drum up support for joining the union-controlled unit. At the union’s behest, an AT&T official asked him to leave, reasoning that the union and employer had an “agreement” that allowed CWA to campaign at the facility. Gonzales responded by asserting that the agent was stopping him from exercising his rights to oppose the union drive.
“The company representative said that [Gonzales] must receive permission to campaign or discuss labor organizing on the premises and that she did not know where he could go to receive such permission,” the charges state.
AT&T Employee Wants Federal Court Order to Stop Illegal Union Campaign, Which Could Soon Have Nationwide Impact
Gonzales is asking that the NLRB seek a federal court injunction “to prevent CWA from continuing its membership drive, its collection of dues, and its attempts to coerce non-bargained for employees into any unit without a secret ballot election.” He also seeks to revive his and his coworkers’ petition seeking a vote to remove the union.
“Union officials will often use rhetoric portraying employers as ‘bad guys’ that employees can only defeat by submitting to union power, but are more than willing to accept illegal employer assistance if it will help them sweep more workers into dues-paying ranks,” commented National Right to Work Foundation President Mark Mix. “In Mr. Gonzales’ case, this tactic is especially shameful because he and his coworkers already forced CWA union officials into abandoning the workplace just before their so-called ‘representation’ of employees was about to be put to a secret ballot vote. Not only that, but CWA union officials claim that this bargain they’ve struck with AT&T will also apply to other units of employees across the country that have similarly rejected the union.
“Instead of facing the will of the employees, it looks like CWA officials would prefer to finagle themselves into the workplace with the backing of AT&T in total violation of federal law,” Mix added. “Our attorneys will defend the right of AT&T In-Home Experts to freely choose whether they want a union or not, and will get to the bottom of this scheme.”
Kaiser Permanente Hospital Employee Slams SEIU with Federal Charge for Illegal Dues Demands and Termination Threats
Charge: SEIU officials illegally threatened to have worker fired if she didn’t sign union membership card and authorize dues deductions
Los Angeles, CA (October 21, 2024) – Nadine Reyes, a Los Angeles-based Kaiser Permanente Hospital worker, has filed federal charges against the Service Employees International Union – United Healthcare Workers (SEIU-UHW) after union officials falsely claimed full, formal union membership was a condition of her employment, additionally, union officials threatened to have her fired if she didn’t sign membership and dues deduction cards. Reyes is receiving free legal aid from the National Right to Work Legal Defense Foundation.
Under longstanding law it is illegal to require full union membership (known as a “closed shop” arrangement) as a condition of employment. Further, employees can be required to sign a union dues deduction cards that authorize union officials to collect dues directly from their paycheck.
“SEIU bosses attempted to take advantage of me and threatened me, assuming I didn’t know my rights or wouldn’t stand up for myself,” commented Reyes about her case. “But I knew what they were doing was wrong, and I’m standing up for myself against their bullying.”
In states without Right to Work laws like California, union officials must follow certain requirements to justify the amount of forced union fees someone must pay to get or keep a job. Under the Foundation-won Communications Workers of America v. Beck Supreme Court decision, union officials cannot force employees who have abstained from union membership to pay dues or fees for anything beyond union boss expenditures unrelated to union monopoly bargaining activities.
Union political and lobbying expenditures, which regularly are included in full membership dues, are among those expenses that Beck prevents union officials from forcing nonmember workers into funding under threat of termination. Nonmember employees who exercise their Beck rights are also entitled to an independent audit of the union’s finances and a breakdown of how union officials calculated the mandatory fee amount.
“Nadine Reyes is just the latest victim of SEIU threats, and another example of union officials prioritizing their own greed and power over the rights of those they claim to ‘represent,’” observed National Right to Work Foundation President Mark Mix. “Cases like this show why California workers need Right to Work protections, so Big Labor bosses are required to earn the voluntary support of rank-and-file employees, not be allowed to extort dissenting workers by threatening to have them fired.”
Chicago 911 Operator Successfully Defends Janus Rights Against IBEW Forced Dues
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Six years after Janus, union bosses still violating workers’ First Amendment rights, but workers fight back
Hundreds of thousands of American public sector workers felt the impact of the Foundation-won Janus decision almost immediately after the Supreme Court decided it in June 2018, and its legacy has only continued to grow.
CHICAGO, IL – “I decided to leave [International Brotherhood of Electrical Workers (IBEW)] 21 because for some time now I believed that IBEW 21 was not acting in the best interest of its members. Be it a new job title that senior employees were deliberately misinformed about, to breach of contract on my employer’s part, to having to navigate the police and court alone after being threatened at work, IBEW 21 was either ineffective or absent.”
This is how Rhonda Younkins, a City of Chicago 911 operator, described the so-called “representation” she and her colleagues were getting from IBEW 21 union bosses. With free legal aid from the National Right to Work Foundation, Younkins in June was able to force IBEW Local 21 officials to return unlawfully deducted dues and cease future payroll deductions.
IBEW Bosses Backed Off Anti-Janus Demands After Foundation Involvement
Younkins was defending her rights under the landmark Foundation-won Janus v. AFSCME Supreme Court decision. In Janus, the justices ruled that the First Amendment forbids union bosses from forcing public sector workers to join or pay dues to a union as a condition of employment. The Justices further clarified that union officials could only take dues from a worker’s paycheck after receiving their clear and affirmative consent.
Younkins repeatedly tried to end dues payments to the IBEW 21 union, but union officials either ignored her requests or tried to foist other demands on her. After many unsuccessful attempts, Younkins sought free legal aid from Foundation staff attorneys, who filed charges against the IBEW union at the Illinois Labor Relations Board (ILRB).
IBEW 21 union officials eventually backed down, ceased dues collections, and issued refunds of past illegally seized dues.
Janus Impact Still Growing
While Younkins’ reasons for defunding IBEW union bosses are unique to her job and experience, she’s certainly not alone in using Janus to break free from union bosses’ influence. After Janus was issued in 2018, an estimated 450,000 public employees immediately stopped payment to unions, and in the six years since then, Foundation-backed litigation has helped defend the rights of tens of thousands of other government employees.
“We at the Foundation are encouraged at the strides workers have made since our Janus victory at the Supreme Court,” commented National Right to Work Foundation Vice President Patrick Semmens. “But the fight is far from over. As cases like Ms. Younkins’ show, union bosses still stonewall public workers when they try to exercise their First Amendment Janus freedoms, and private sector workers don’t yet enjoy similar protections.
“Foundation staff attorneys will keep fighting for a future where all American workers’ right to freely associate or dissociate with a union is fully protected,” Semmens added.
