Canton SA Recycling Employees Scrap Steelworkers Union
Recycling workers voted by over 2-1 margin to remove unpopular union, escape forced union payments
Canton, OH (March 20, 2026) – A group of over 40 employees of SA Recycling in Canton have successfully voted Steelworkers union officials out of power at their facility by a wide margin. SA Recycling worker Leslie Frase spearheaded the effort by filing a petition in February in which her coworkers demanded that the National Labor Relations Board (NLRB) hold a union decertification election at their workplace. Frase filed the petition with free legal aid from National Right to Work Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing private sector labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions. Frase’s petition contained more than enough signatures from her coworkers to trigger a decertification vote under NLRB rules. In February, the NLRB approved an agreement that set the election date for March 5, and specified that the vote would take place among “[a]ll full-time and regular part-time production and maintenance employees, including truck drivers.” On March 19, the NLRB certified the vote result, making official the Steelworkers union’s ouster.
Ohio lacks Right to Work protections, meaning Steelworkers union officials had the power to force Frase and her coworkers to pay money to the union hierarchy as a condition of keeping their jobs. In contrast, in Right to Work states like Ohio’s neighbors Indiana, Kentucky, and West Virginia, union membership and financial support are the voluntary choice of each worker. Now that Frase and her coworkers have voted to decertify the union, Steelworkers union officials have lost their power to impose forced-dues contracts on the workers.
“Steelworkers union officials had been in our workplace for quite a while, and did little to improve our working lives. Yet dues money was still coming out of our paychecks to support union activities,” commented Frase. “The fact that we voted the Steelworkers union out by such a wide margin speaks to the fact that employees didn’t think we were getting a good deal. We are very grateful to Foundation attorneys for their assistance.”
The tally of the March 5 vote showed Frase and her fellow SA Recycling workers voting the Steelworkers out 28-12.
Foundation attorneys have noticed a marked increase in worker requests for help in decertifying unpopular unions. NLRB statistics indicate that in 2025 (the last year for which data is available), decertification petition filings are up almost 40 percent from 2020.
“Foundation attorneys were proud to help Ms. Frase and her fellow recycling employees scrap a Steelworkers union they pretty clearly did not want,” commented National Right to Work Foundation President Mark Mix. “However, it’s important to recognize that many employees across the United States have a path to voting out a union that is much more difficult: Many arbitrary Biden-era NLRB rules are still in effect, which give union officials a multitude of ways to stop workers from exercising their right to vote.
“Independent-minded workers across the country are teaming up with Foundation staff attorneys to challenge many of these rules, and the Trump Administration should ensure that the NLRB is well-equipped to reshape labor regulations around employee free choice and not union boss power,” Mix added.
National Right to Work Foundation Issues Legal Notice to Greeley JBS Meatpacking Employees Affected by UFCW Strike Order
Notice reminds workers wishing to return to work that they must resign their union memberships to avoid potentially ruinous strike fines
Greeley, CO (March 18, 2026) – Today, the National Right to Work Legal Defense Foundation issued a special legal notice for workers subject to United Food and Commercial Workers (UFCW) Local 7 union bosses’ strike order against meatpacking company JBS. News reports indicate the strike order covers nearly 4,000 employees at JBS’ facility in Greeley, Colorado.
The legal notice informs these workers of rights that union officials often do not want them to know. First and foremost, JBS employees who want to keep working to support their families should resign their union memberships before returning to work to avoid union fines and internal discipline.
“The situation presents serious concerns for JBS employees who believe there is much to lose from a union-ordered strike,” the legal 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 union discipline for continuing to work to support themselves and their families.”
The legal notice alerts workers to the fact that UFCW Local 7 officials are currently facing a federal prosecution for imposing illegal discipline on King Soopers employees in connection with a 2025 strike action against the supermarket chain. “JBS employees should read this notice carefully and consider contacting Foundation staff attorneys for assistance to ensure UFCW officials cannot impose any fines against them,” the notice says.
The notice is available at: https://nrtw.org/jbs/.
A Spanish version of the notice can be found here: https://nrtw.org/es/jbs/.
Foundation: Resign Union Membership Before Returning to Work to Avoid Fines and Discipline
Most importantly, the notice informs meatpacking plant employees who want to keep working that the safest way to avoid strike fines by union bosses is to resign their union memberships before returning to work. “[I]f an employee is not a member of a union, union officials have no power to fine or discipline him or her during a strike.,” the notice says. “By resigning their membership, employees can rebuff union strike demands and return to work.”
The Foundation’s special legal notice provides workers sample union resignation letters, as well as information on how to exercise their right under the CWA v. Beck Supreme Court decision to opt out of paying dues for union politics, if union officials succeed in their push to impose a forced-dues contract. “Because Colorado lacks Right to Work protections, workers who have abstained from union membership may be required to pay partial union dues after a new contract is finalized,” the notice says. “However, union nonmembers have a right…to refuse to pay for union political expenses and other expenses not related to collective bargaining and contract administration.”
The notice also gives workers information on the process to submit a “decertification petition,” in which employees request a workplace election to remove the union.
“While many JBS employees may already be questioning whether UFCW Local 7 officials really have their best interests in mind by calling this strike, the fact that these very union bosses are currently being prosecuted for illegal strike discipline is a reminder that workers should be vigilant to protect their legal rights,” commented National Right to Work Foundation President Mark Mix. “JBS workers should know that they have the right to resign their union memberships and return to work to support their families, no matter what UFCW chiefs might tell them.”
Over 100 Windstream North Carolina Employees Vote to Free Themselves of Unwanted CWA Union
Workers across 12 North Carolina locations officially free from CWA officials’ ‘representation’
North Carolina (March 18, 2026) – Employees of telecommunications provider Windstream North Carolina LLC have successfully voted Communications Workers of America (CWA) union officials out of power at their workplaces across North Carolina. Windstream worker Grant Diorio kicked off his coworkers’ effort to oust the union by filing a petition with the National Labor Relations Board (NLRB) in January, impacting his work unit of roughly 120 Windstream employees. Diorio filed the petition with free legal aid from National Right to Work Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing private sector labor law, a task that includes holding votes to install (or “certify”) and remove (or “decertify”) unions. Diorio’s petition contained more than enough signatures from his coworkers to trigger a decertification vote under NLRB rules. In February, the NLRB approved an agreement that set aside three days for in-person voting at several Windstream locations across the state.
The agreement noted that the vote would take place among “[a]ll employees employed by [Windstream] in its Plant, Commercial, or Traffic Department at its Matthews, Marshville, Wadesboro, Waxhaw, Rockwell, Denton, Mooresville, Tryon, Rural Hall, Monroe, and Aberdeen facilities.”
North Carolina is a Right to Work state, meaning state law forbids CWA bosses and other union officials from forcing workers to pay money to the union just to get or keep a job. Diorio and his coworkers enjoyed these protections, but even in Right to Work states, union officials have exclusive “representation” power, which permits them to impose one-size-fits-all contracts on every worker in a unionized workplace, even those who voted against or otherwise oppose the union.
“Even though my coworkers and I have a variety of jobs for Windstream across North Carolina, we agreed that CWA union bosses were not making our working lives any better,” commented Diorio. “I’m glad that, despite the challenges that come with petitioning for a decertification vote to take place at multiple places across the state, we were able to stand firm, secure our rights, and vote this CWA union out. We look forward to being independent!”
Workers Across Country Seeking Union Decertification, but Biden-Era Policies Stand in the Way
Foundation attorneys have noticed a marked increase in worker requests for help in decertifying unpopular unions. NLRB statistics indicate that in 2025 (the last year for which data is available), decertification petition filings are up almost 40% since 2020.
“Mr. Diorio and his colleagues’ situation is an excellent example of what happens when labor law actually works to protect American employees’ individual rights as opposed to frustrating those rights. We were proud to assist them,” commented National Right to Work Foundation President Mark Mix. “Unfortunately, one only needs to look within the state of North Carolina to find an example of union bosses using biased doctrines within federal labor law to shore up their own power, even when it’s clear that workers want a chance to vote the union out. At The Quartz Corp. in Spruce Pine, United Mine Workers union officials have been manipulating unsubstantiated misconduct charges for months to block workers from having a union removal vote they validly requested.
“Luckily, Foundation attorneys are assisting Quartz Corp. employees and many other groups of independent-minded workers across the country in challenging unfair legal barriers to worker freedom,” Mix added. “The Trump NLRB should break from dysfunctional Biden-era policies and end the biased rules that have undermined workers’ explicit right under federal law to vote out unwanted unions.”
Florida Wells Fargo Bank Branch Employees to Vote In Election Over Whether to Remove CWA Union Bosses from Workplace
In response to workers’ petition, the National Labor Relations Board has scheduled a “decertification” vote to end union affiliation
Spring Hill, FL (March 16, 2026) – Employees at Wells Fargo’s Spring Hill branch have filed a petition with the National Labor Relations Board (NLRB) seeking a “decertification” election to remove the Communications Workers of America (CWA) union bosses from their workplace. The workers’ efforts are spearheaded by Virginia Fenton, who filed the petition with free legal aid from National Right to Work Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA), a task that includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Fenton’s petition received more than the required threshold of her coworkers’ signatures to trigger the process for the NLRB to schedule a secret-ballot election for the workers on Monday, March 30.
The workers’ election to remove the so-called “Wells Fargo Workers United” union (an affiliate of the CWA union) will include all full-time and regular part-time tellers, personal bankers, relationship bankers, and premier bankers employed by Wells Fargo at its Spring Hill branch.
“Since the union came into our branch back in 2024, we’ve come to see how much they overpromised and never delivered,” stated Fenton. “We are sure that we will manage better without them.”
Florida is one of the 26 states with a Right to Work law that guarantees workers cannot be fired for refusing to pay union dues or fees. However, even under Right to Work, union bosses can still impose monopoly bargaining control over all employees in a workplace, even those who are opposed to the union’s representation. A successful decertification would end the union’s monopoly bargaining powers.
“The Foundation is pleased to be able to assist Ms. Fenton and her coworkers as they move to exercise their rights under the NLRA,” commented National Right to Work Foundation President Mark Mix. “No American worker should be forced to affiliate with a union they oppose.”
Labor Board to Prosecute UFCW Local 7 for Illegally Imposing Fines on King Soopers Workers Who Refused to Strike
UFCW Local 7 has long history of illegal fines and threats against nonmembers during union strikes against both King Soopers and Safeway
Denver, CO (March 13, 2026) – The federal labor board is prosecuting the United Food and Commercial Workers (UFCW) Local 7 union for unlawfully threatening workers with fines for not participating in UFCW union officials’ 2025 strike orders. The National Labor Relations Board (NLRB) issued a complaint against the union after several employees of Colorado King Soopers and Safeway locations slammed the union with federal charges. These charges, filed with free legal assistance from the National Right to Work Foundation, challenged fines union bosses issued simply because employees chose to work.
The NLRB’s complaint responds specifically to unfair labor practice charges filed by Ryan Lamb and Lucas Martin, both of whom were employees of a Centennial, CO, King Soopers. Both Lamb and Martin maintained in their charges that they resigned their union memberships and returned to work during the 2025 strike ordered by UFCW bosses. Even though the union had no basis on which to discipline them because they were not union members, their charges stated, UFCW agents still assessed fines against them and demanded they appear at internal union “trials.”
The NLRB is the agency responsible for enforcing the National Labor Relations Act (NLRA), the federal law that governs labor relations in the private sector. The NLRA forbids unions from imposing internal union discipline on workers who are not members. However, the NLRA still permits union officials to extend their exclusive “representation” powers over every worker in a workplace, even those who have refrained from union membership and oppose the union’s agenda.
Colorado also lacks Right to Work protections for its workers. In the state, private sector employees can be forced to pay money to the union as a condition of getting or keeping a job. In contrast, in Right to Work states, like Colorado’s neighbors Utah, Wyoming, Nebraska, Kansas, and Oklahoma, union membership and union financial support are strictly voluntary and the choice of each individual worker.
Supermarket Employees’ Charges Against UFCW Local 7 Piling Up
The NLRB’s complaint notes that UFCW Local 7 imposed fines on Martin and Lamb “even though the employees had previously tendered valid membership resignations to [the union] and were not members of [the union].” The complaint declares that such behavior “restrain[s] and coerc[es] employees in the exercise of the rights guaranteed in Section 7 of the [NLRA].” The case will now go before an NLRB Administrative Law Judge (ALJ).
Foundation attorneys are currently representing eight employees of Colorado Safeway supermarkets who are charging UFCW Local 7 union officials with subjecting them to illegal fine threats in connection with 2025 strike actions. These cases are very similar to those Foundation attorneys took on for several workers in 2022, who faced impositions of sometimes thousands of dollars in fines from the same union hierarchy simply for continuing to do their jobs during a strike.
“UFCW Local 7 union officials continue to defy basic principles of federal labor law, and now they are facing a federal prosecution,” commented National Right to Work Foundation President Mark Mix. “Foundation staff attorneys are proud to help Colorado grocery store workers defend themselves from coercive UFCW schemes, and this victory should signal to workers not only that UFCW bosses’ agenda often kneecaps workers’ rights, but also that workers have options to continue to work during a strike.”
Two Groups of Sofitel DC Lafayette Square Hotel Employees Officially Win Efforts to Free Themselves of Unwanted Unions
Despite extended union-instigated delays, around 80 employees have formally removed Unite Here and IUOE union bosses from their workplace
Washington, DC (March 12, 2026) – Two separate groups of employees of Sofitel Washington DC Lafayette Square have prevailed in their battle to free themselves from the “representation” of Unite Here Local 25 and International Union of Operating Engineers (IUOE) Local 99 union officials. Their victories were cemented after the National Labor Relations Board (NLRB) officially certified the results of their votes to remove the unions.
Sofitel Lafayette employee Mwandu Chibwe spearheaded the Unite Here “decertification” effort for the more than 60 food service workers, front of house workers, room attendants, and other hospitality workers. The engineers’ and painters’ decertification of IUOE Local 99 was led by Yuri Lishchenko. Both workers received free legal aid from the National Right to Work Foundation.
The NLRB, the federal agency responsible for administering elections to install (or “certify”) and remove (or “decertify”) unions, certified Chibwe’s election on March 11, and Lishchenko’s election on March 10. Both groups are now free from the unwanted presence of union bosses in their workplace, despite Unite Here and IUOE union bosses’ attempts to disenfranchise the workers by filing charges against Sofitel Lafayette management with NLRB Region 5.
Union Bosses Abused NLRB System to Delay Employees’ Decertification Votes
Chibwe and her colleagues were trapped for years by Unite Here Local 25 after successfully voting in June 2024 to remove the union. Rather than respect the outcome of the election, Unite Here officials challenged the election by filing “blocking charges” against the hotel’s management and objections to the election result.
Blocking charges, in which union officials allege employer misbehavior, are a common tactic abused by union officials to delay or prevent workers from removing unwanted unions. Those charges were only withdrawn by Unite Here in January 2026 when it likely became clear its officials lacked the evidence necessary to support the charge.
Despite Unite Here’s charges lacking the evidence needed to overturn the workers’ vote, Chibwe’s election remained in limbo for two months until union officials dropped their objections to the election results this week, allowing the workers’ vote removing Unite Here to finally be certified by the NLRB.
Lishchenko and his coworkers petitioned the NLRB in June of 2025 for their election. However, due to the IUOE filing blocking charges against Sofitel, it took until March 2, 2026, for the workers to vote. The election took place after the NLRB investigated the IUOE’s charges and dismissed them, finding they were without merit.
“We are pleased to have been able to help Ms. Chibwe, Mr. Lishchenko, and their colleagues in freeing themselves from unwanted union bosses,” commented National Right to Work Foundation President Mark Mix. “It is appalling, though not surprising, that union bosses frequently move to disenfranchise and trap workers in their rank-and-file rather than accept that they are no longer wanted by workers they purport to ‘represent.’
“This situation shows how the NLRB currently allows unproven union legal claims that lack any evidence to keep workers trapped in unions they oppose for months or years at a time,” Mix added. “We hope President Trump’s new appointees to the NLRB promptly take steps to defend workers against the rampant abuse of the current ‘blocking charge’ policy by union bosses seeking to disenfranchise employees opposed to unionization.”
Pennsylvania EMS/Rescue Workers Unanimously Vote to Remove Teamsters Union After Union Boss Delay Tactics
Emergency workers submitted multiple petitions asking for vote to escape Teamsters union officials’ exclusive “representation” powers and demands for money
North Huntingdon Township, PA (March 10, 2026) – Following months of union-instigated delays, Shannon Martin and her coworkers at North Huntingdon EMS/Rescue unanimously voted Teamsters Local 205 union officials out of power at their workplace. Martin obtained the vote by filing a union decertification petition at the National Labor Relations Board (NLRB) with free legal assistance from National Right to Work Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing private sector labor law, a task that includes administering elections to install (or “certify”) and remove (or “decertify”) unions. In response to her colleagues’ staunch opposition to the union, Martin filed a total of three union decertification petitions with Foundation legal aid, all of which either showed unanimous worker support for a union decertification vote or otherwise passed the threshold to trigger a vote under NLRB rules.
However, NLRB Region 6 in Pittsburgh blocked Martin and her colleagues from having a vote for months at Teamsters officials’ behest. Regional NLRB officials cited the so-called “voluntary recognition bar” as the justification for delaying the vote. The voluntary recognition bar stops workers from exercising their right to vote out a union for a year or more after union officials have installed themselves via “card check,” a process that bypasses the traditional secret-ballot union election process.
Under card check, union officials can demand “union authorization cards” directly from workers, which are later counted as “votes” for the union. Unsurprisingly, this process leaves workers open to threats and manipulation from union officials. Even union organizing handbooks recognize that card check is not indicative of how workers would vote in a standard union election. Martin and her coworkers were unfortunately trapped in a work unit that had been organized via card check.
To make matters even worse, Pennsylvania lacks Right to Work protections, meaning Teamsters union bosses were empowered to impose monopoly bargaining contracts that forced Martin and her colleagues to pay money to the union as a condition of employment. In contrast, in Right to Work states, union membership and all union financial support are strictly voluntary.
Flawed NLRB Policy Let Union Bosses Stay in Power Despite Obvious Worker Opposition
In mid-February – over a year after the Teamsters union had established itself via card check in Martin’s workplace – Martin filed her third decertification petition with Foundation aid, which finally resulted in the NLRB scheduling a vote to remove the union. On March 3, Martin and her coworkers voted unanimously to dethrone Teamsters union bosses.
The Foundation has consistently advocated for the elimination of the voluntary recognition bar, as well as other NLRB policies that appear nowhere in the text of federal labor law and serve only to stifle workers’ free choice. The Foundation supported the NLRB’s promulgation of the Election Protection Rule during the first Trump Administration, which gave independent-minded workers a chance to request a secret-ballot vote to challenge union officials’ claims of majority support following a card check campaign. However, the Biden NLRB repealed the Election Protection Rule.
“Ms. Martin and her coworkers’ dedication to winning back their freedom from unwanted Teamsters officials is admirable, and we were proud to help them win,” commented National Right to Work Foundation President Mark Mix. “But her case exposes the anti-worker nature of the so-called ‘voluntary recognition bar.’ This misguided NLRB policy let Teamsters bosses stay in power long after it was clear that there was uniform opposition to them in the workplace.
“Trump’s new appointees should look to situations like Ms. Martin’s as prime examples of why NLRB policies should be reformed to prioritize secret-ballot elections and worker free choice,” Mix added.
National Right to Work Foundation Issues Legal Notice to Detroit-Area Corewell Nurses Subject to Teamsters Strike Order
Notice reminds nurses wishing to return to work that they must resign their union memberships to avoid potentially ruinous strike fines
Detroit, MI (March 6, 2026) – Today, the National Right to Work Legal Defense Foundation issued a special legal notice for Detroit-area nurses subject to Teamsters Local 2024 union bosses’ potential strike order. The strike order is projected to cover roughly 10,000 nurses across nine different Corewell medical facilities.
The legal notice informs these workers of rights that union officials often do not want them to know. First and foremost, nurses have the right to resign their union memberships and keep working to support their families, thereby avoiding union fines and internal discipline.
“The situation presents serious concerns for nurses who believe there is much to lose from a union-ordered strike and may not want to abandon their patients,” the legal notice reads. “That is why employees confronted with strike demands frequently contact staff attorneys at the National Right to Work Legal Defense Foundation to learn how they can avoid fines for continuing to work during a strike to support themselves and their families.”
According to reports, one major sticking point during contract talks has been Teamsters officials’ demands that Corewell management impose a forced-dues clause (often misleadingly referred to as a “union security” clause) over the roughly 10,000 nurses in the work unit, and collect dues for the union. Such a clause would require Corewell to fire nurses who refuse to financially support the union. The Foundation’s notice also contains information about what rights nurses have to rebuff union officials’ forced-dues demands, if the contract ends up allowing them to make such demands.
The notice is available at: https://nrtw.org/corewell/.
Foundation: Resign Union Membership Before Returning to Work to Avoid Fines and Discipline
Most importantly, the notice informs nurses who want to keep working that the safest way to avoid strike fines and other punishment by union bosses is to resign their union memberships before returning to work. “If an employee is not a union member, union officials have no power to fine or otherwise discipline him or her,” the notice says. “Employees who are union members, or are unsure as to what they might have signed, have a legal right to resign their membership at any time.”
The Foundation’s special legal notice provides nurses sample union resignation letters, as well as information on how to exercise their right under the CWA v. Beck Supreme Court decision to opt out of paying dues for union politics, if union officials succeed in their push to impose a forced-dues contract. “Due to the recent repeal of Right to Work [in Michigan], Teamsters union officials may try to threaten that they can get workers fired for refusal to pay full union dues,” the notice reads. “This is false…workers even in non-Right to Work states can’t be forced to pay dues for anything unrelated to the union’s bargaining functions.”
The notice also gives workers information on the process to submit a “decertification petition,” in which employees request a workplace election to remove the union.
“Since Michigan legislators foolishly repealed the state’s Right to Work law, union officials across the state have engaged in increasingly aggressive tactics to control workers,” commented National Right to Work Foundation President Mark Mix. “Teamsters union officials’ potential strike order against Corewell medical facilities is no exception, and many nurses may rightly think that an order taking thousands of nurses away from their jobs is a bad move for themselves, their families, their patients, and the Detroit community as a whole.
“Corewell nurses should know – regardless of what Teamsters officials may tell them – that they have the right to resign their union memberships and rebuff the union strike order, as well as the right to refrain from paying any dues to support the union’s political activities,” Mix added.
St. HOPE Charter School Teachers Win Effort to Remove Union Officials From Power
Having failed to stop decertification vote requested by majority of teachers, Sacramento City Teachers Association union bosses concede defeat and leave
Sacramento, CA (March 5, 2026) – Following an effort in which a majority of teachers demanded a vote to remove the union, charter school educators at St. HOPE Public Schools have successfully ousted Sacramento City Teachers Association (SCTA) union officials from the school system.
Rather than face a union decertification vote that a federal labor board had scheduled to take place on March 11, SCTA union bosses instead disclaimed interest in maintaining their exclusive representation powers over the St. HOPE educators. Now, over 50 teachers from PS7 Elementary School, PS7 Middle School, and Sacramento Charter High School are free of the unwanted union’s control.
St. HOPE teacher Beth Simonton led the removal effort, submitting a petition to the National Labor Relations Board (NLRB) in January requesting a vote to remove the union. The NLRB is the agency responsible for enforcing private sector labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions. Private organizations like St. HOPE, even if they operate public charter schools, are often subject to federal labor law as opposed to state labor laws.
Simonton’s petition, which she submitted in January with free legal aid from National Right to Work Foundation staff attorneys, contained signatures from the majority of her colleagues – well over the threshold needed under federal law to trigger a union decertification vote. On February 25, NLRB Region 20 rejected arguments by the union and ordered a union decertification election to take place among the St. HOPE educators.
Then, only days before the scheduled election, SCTA union officials sent correspondence announcing that they were ending their monopoly bargaining control over the facility, likely in an attempt to avoid an embarrassing lopsided loss at the ballot box. St. HOPE teachers are now free of SCTA union bosses’ power to dictate their contract terms and work rules.
“I’m truly grateful that my colleagues and I were able to band together and send SCTA union officials on their way,” commented Simonton. “So much of their activity at St. HOPE involved pitting teachers against each other and finding ways to bend the rules so they could maintain their control. They did not represent the interest of the educators at St. HOPE, and we look forward to being independent from the union. We are FAMILY!”
NLRB Order: CA Charter Schools Aren’t Exempt From Federal Labor Law
As litigation over the scheduled vote went on, NLRB Region 20 notably rejected arguments from SCTA union lawyers that the St. HOPE system is a “political subdivision” subject to the California Public Employment Relations Board (PERB) and not the NLRB. Union officials prefer operating under the PERB, where rules are rigged against workers seeking decertification, effectively letting union legal tactics trap employees in union ranks for years even when a majority is on record as wanting the union removed.
In rejecting the union’s argument, NLRB officials turned to the U.S. Supreme Court’s ruling in Natural Gas Utility District of Hawkins County v. NLRB, under which an employer is a “political subdivision” only if it was directly created by the state, or if it is administered by individuals who are accountable to the public or public officials.
Applying this standard, NLRB Region 20 found that a private individual founded St. HOPE, and that public officials have little, if any, control over St. HOPE’s board of directors. For those reasons, the Regional Director ruled that “[St. HOPE] is an employer within the meaning of Section 2(2) of the [National Labor Relations Act] and is not exempt under the test set forth in Hawkins County.”
While SCTA union officials fled St. HOPE Public Schools before the NLRB-ordered vote could take place, NLRB Region 20’s ruling could be significant going forward for employees of other California charter schools who wish to decertify unions in their workplaces. Foundation attorneys have helped charter school employees in a number of other states in efforts at the NLRB to remove unwanted unions, including in Missouri and New York.
CA Charter School Teachers Have More Options to Escape Unions
“Ms. Simonton and her fellow St. HOPE educators should be commended for their success in breaking free from SCTA union officials,” commented National Right to Work Foundation President Mark Mix. “But their effort – which also included attempts years ago to vote SCTA out – exposes how focused California labor law is on solidifying union boss power, even in the face of clear evidence that workers want a union gone.
“Bureaucrats on the California PERB blocked the St. HOPE teachers from ousting the union for years on end, simply because SCTA union bosses filed unsubstantiated charges of employer misconduct,” Mix added. “These charades forced Simonton and her coworkers to resort to an entirely different agency in the hopes of finally making their voices heard.
“No workers should have to face challenges like this simply to vote a union out,” Mix continued. “But, following St. HOPE educators’ success, charter school educators across the Golden State should know they have more options for seeking a union decertification election, and should not hesitate in contacting Foundation attorneys if they want to exercise this important right.”
Public Servants Across Country Stand Strong in Defending Janus Rights
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2026 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Jose Ramos, a University of Puerto Rico maintenance employee, isn’t going to let union bosses maintain their flimsy defense that they are entitled to keep his hard-earned money in violation of the First Amendment.
As 2025 waned, National Right to Work Foundation staff attorneys brought their expertise to bear as government employees in Washington State and Puerto Rico continued legal battles to get back money that union bosses never should have seized from their paychecks.
These workers are invoking their rights under the Foundation-won Janus v. AFSCME decision, which the Supreme Court handed down in 2018. In Janus, the Justices ruled that all American public sector workers have a First Amendment right to abstain from paying dues to union officials they don’t support.
Despite Janus’ commonsense protections, many union bosses, intent on keeping their coffers stocked with dues money seized from unwilling public employees, are still trying to skirt the Court’s ruling.
AFSCME Bosses Refuse to Return Illegally-Seized Money to Worker
That includes AFSCME union officials in Washington State, whom City of Everett employee Xenia Davidsen is fighting at the Washington State Public Employment Relations Commission (PERC). Davidsen charged AFSCME chiefs with accepting money that City officials had illicitly funneled from her paycheck to the union.
Davidsen had requested dues deductions to stop in 2024 in accordance with Janus, but City officials failed to monitor the email address through which AFSCME directed the City to stop the deductions. This incompetence led to the City seizing dues money from Davidsen at least 12 times without her authorization — and AFSCME union officials have stubbornly refused to admit they must post a notice stating they were wrong to accept the deductions.
“On none of those… instances did the Union stop to question why it was accepting dues that it knew were unauthorized to it,” argue Foundation attorneys in Davidsen’s latest brief before the PERC.
Meanwhile, Foundation attorneys also defended the Janus rights of two groups of Puerto Rico public employees in oral arguments before the First Circuit Court of Appeals last October.
Foundation Challenges Puerto Rico Court’s Refusal to Nix Anti-Janus Statute
In one case, Cruz v. UIA, Puerto Rico Aqueduct and Sewer Authority (PRASA) employee Reynaldo Cruz is trying to reclaim union dues money that officials of the Authentic Independent Union of Water and Sewer Authority Employees (UIA) took in violation of his First Amendment rights.
Cruz’s lawsuit challenges both union bosses’ demands that he pay union dues or lose his job, as well as the Puerto Rico territorial laws that allow such unconstitutional demands. Though UIA union bosses claim they have already deposited the illegally-seized money with a lower federal court, that court confusingly declined to issue a ruling that legally entitles Cruz to collect the funds.
During oral arguments, Cruz’s legal team argued that this legal sleight-of-hand created “a roadmap for civil rights defendants to violate civil rights plaintiffs’ rights.”
Foundation Won’t Let Union Bosses & Bureaucrats Ignore Janus
Also argued before the First Circuit at the end of 2025 was Ramos v. Delgado, in which Foundation attorneys represent Jose Ramos and other University of Puerto Rico maintenance employees who had dues illegally deducted from their paychecks for years.
Ramos and his colleagues are seeking refunds of all dues taken unlawfully since the Janus decision. Puerto Rico continues to be a hotbed for union violations of the Janus decision, but luckily, workers continue to stand up with Foundation legal aid.
Most recently, public employee Luis Rigau filed a federal lawsuit to challenge the Puerto Rico Industrial Commission (PRIC) union’s blatantly illegal reinstatement of automatic forced-dues deductions against nonmembers.
“Despite Janus’ clear constitutional command, union bosses, legislators, and public officials are still trying to do legal gymnastics to end-run the decision,” commented National Right to Work Foundation Vice President and Legal Director William Messenger.
“All public sector workers deserve the free choice that Janus secures, and Foundation attorneys will continue to back them in their court battles for freedom.”
