Labor Board Slaps Grocery Union Bosses with Federal Complaint for Statewide Illegal Forced-Dues Scheme
Labor Board Slaps Grocery Union Bosses with Federal Complaint for Statewide Illegal Forced-Dues Scheme
Suspecting widespread abuse, Right to Work Foundation gears up legal aid program to assist any of the tens of thousands of employees affected
Phoenix, AZ (April 1, 2010) – The National Labor Relations Board (NLRB) regional office in Phoenix has issued a statewide complaint alleging that local union bosses and Fry’s Food Stores are illegally blocking independent-minded workers from stopping union dues payments.
The prosecution is the result of a four month long investigation of charges filed by Fry’s employees with free legal assistance from National Right to Work Foundation attorneys. Employees from several Fry’s locations filed the federal charges challenging the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry’s management, after union and company officials refused to honor the employees’ legal rights to revoke their dues deduction authorizations and continued to illegally seize union dues from their paychecks.
Upset by the UFCW Local 99 strike threat last November, the employees resigned from the union and revoked their dues deduction authorizations – used by union officials to automatically withhold dues from employee paychecks – during a time in which the union did not have a contract at their workplaces. Under Arizona’s popular Right to Work law, no worker can be required to join or pay any money to a union; and under federal labor law, employees can revoke their dues deduction authorizations once a contract terminates.
The Phoenix NLRB regional director found that the dues deduction authorizations used by UFCW Local 99 union officials at all Fry’s locations are illegal because the dues deduction authorizations do not allow employees to revoke them during contract hiatus periods, as required by federal law.
Suspecting that the illegal dues deduction forms are used in all workplaces in Arizona where UFCW union bosses enjoy monopoly bargaining privileges, Foundation attorneys are now offering free legal aid to all employees affected by the illegal UFCW dues deduction authorizations.
View the full press release and the list of UFCW Local 99 union organized employers in Arizona here.
Labor Board Slaps Grocery Union Bosses with Federal Complaint for Statewide Illegal Forced-Dues Scheme
Phoenix, AZ (April 1, 2010) – The National Labor Relations Board (NLRB) regional office in Phoenix has issued a statewide complaint alleging that local union bosses and Fry’s Food Stores are illegally blocking independent-minded workers from stopping union dues payments.
The prosecution is the result of a four month long investigation of charges filed by Fry’s employees with free legal assistance from National Right to Work Foundation attorneys. Employees from several Fry’s locations filed the federal charges challenging the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry’s management, after union and company officials refused to honor the employees’ legal rights to revoke their dues deduction authorizations and continued to illegally seize union dues from their paychecks.
Upset by the UFCW Local 99 strike threat last November, the employees resigned from the union and revoked their dues deduction authorizations – used by union officials to automatically withhold dues from employee paychecks – during a time in which the union did not have a contract at their workplaces. Under Arizona’s popular Right to Work law, no worker can be required to join or pay any money to a union; and under federal labor law, employees can revoke their dues deduction authorizations once a contract terminates.
The Phoenix NLRB regional director found that the dues deduction authorizations used by UFCW Local 99 union officials at all Fry’s locations are illegal because the dues deduction authorizations do not allow employees to revoke them during contract hiatus periods, as required by federal law.
Suspecting that the illegal dues deduction forms are used in all workplaces in Arizona where UFCW union bosses enjoy monopoly bargaining privileges, Foundation attorneys are now offering free legal aid to all employees affected by the illegal UFCW dues deduction authorizations.
“UFCW Local 99 bosses are likely violating the rights of tens of thousands of workers across the state of Arizona” said Patrick Semmens, Director of Legal Information at National Right to Work. “We intend to make sure that UFCW operatives play by the rules and stop extracting union dues from workers who, under Arizona’s popular Right to Work law, cannot be forced to pay union dues.”
With free legal assistance from the Foundation, Shirley Jones of Mesa; Karen Medley and Elaine Brown of Apache Junction; Kimberly Stewart and Saloomeh Hardy of Queen Creek; and Tommy and Janette Fuentes of Florence – acting for other similarly situated employees – filed the federal unfair labor practice charges that spurred the NLRB to investigate and issue a statewide complaint against UFCW Local 99 union bosses.
Note: Here is the list of UFCW organized employers in Arizona:
- Ace Parking – Phoenix
- Ace Parking – Tucson
- Albertson’s – Yuma
- ALSCO
- ARCO Services Company
- Arizona Center for Disability Law
- Arizona Sonora Desert Museum
- Calcot Compress Company
- Canteen (Raytheon)
- Canteen (Vendors)
- Canteen (Douglas)
- Community Legal Service
- Copper Queen Hospital
- Eurofresh
- Fry’s Food and Drug
- Fry’s Market Place
- Mission Foods
- Precept
- Robert B. Yacko, D.D.S., P.C.
- Safeway
- Smithfield
- Smith’s Food and Drug
- Southern Arizona Legal Aid
- Southwest Service Administrators
- Waste Management
Craig Becker Watch II: Right to Work Sounds the Alarm on Fox News
Right to Work President Mark Mix explains Craig Becker’s radically pro-compulsory unionism agenda on Fox Business:
For more background on Becker, check out our previous post on his appointment, including video footage of another Right to Work appearance on Fox.
Teacher Challenges School Policy that Discriminates Against Nonunion Teachers during Professional Hearings
Union members receive access to counsel while nonmember teachers aren’t allowed to bring their own attorneys
Miami, FL (April 1, 2010) – With free legal assistance from the National Right to Work Foundation, a Miami-Dade public school teacher has filed unfair labor practice charges challenging a discriminatory policy that prevents nonunion teachers from using representatives of their own choosing during school investigatory interviews.
Shawn Beightol, a veteran chemistry teacher at Michel Krop Sr. High School, was told to report to the Miami-Dade County Office of Professional Standards (OPS) to discuss a possible violation of the school’s email policy last October.
The United Teachers of Dade (UTD) union is the exclusive bargaining agent for the Miami-Dade School District. However, Beightol is a member of the Professional Educations Network of Florida (PENFL), a nonunion teachers association. Although Beightol brought a representative from the PENFL to the October hearing, school officials refused to allow his advisor to participate.
Craig Becker Watch: Right to Work Exposes Becker Threat in National Media
After the Senate rejected an attempt to confirm President Barack Obama’s nomination of pro-compulsory unionism radical Craig Becker to the National Labor Relations Board (NLRB), Obama appointed Becker via a recess appointment.
On the heals of the appointment, National Right to Work Foundation attorneys sprang into action and filed 12 recusal motions asking Becker to step aside in any pending case involving the Foundation, citing Becker’s bias against independent-minded workers and the Foundation (download two of the motions in .pdf format here and here). The Wall Street Journal reports:
The National Right to Work Legal Defense Foundation said Becker, who has served as counsel for the Service Employees International Union and the AFL-CIO, should not hear cases in which the foundation is providing legal aid to workers, because Becker directly opposed the group while serving as counsel for the SEIU and because his prior writings demonstrate a bias against the group.
“We just don’t think he’s going to be able to impartially adjudicate cases involving the Foundation’s attorneys,” said Nick Cote, a spokesman for the group. He cited several writings, including a 2005 article that Becker co-wrote in the Berkeley Journal of Employment and Labor Law in which the foundation is referred to as “funded by the most anti-union fringe of the employer community.”
And as Mark Hemmingway from the Washington Examiner observes:
Well, here’s a new wrinkle. One of the biggest interests groups on labor issues in Washington is National Right to Work. Unions try and portray the organization as a shill for big business, but the fact is that National Right to Work is the only organization providing free legal aid to workers with grievances against their union, and is otherwise responsible for doing a lot to keep unions in check.
Not surprisingly, Becker hates National Right to Work and has written several pointed things about the group including that they are “funded by the most anti-union fringe of the employer community” and are “ideologically driven.” Considering that Becker believes “employers should have no right to be heard in either a representation case or an unfair labor practice case,” he’s probably not the best judge of what it means to be “ideologically driven” or part of “the anti-union fringe.”
Becker has also written “at the urging of the [National] Right to Work Committee the Supreme Court has developed a virtual obsession [with cases where workers get legal aid from the National Right to Work].” And there are other examples of National Right to Work antipathy.
Well, the fact is that you can’t swing a dead cat in the labor relations world without hitting something National Right to Work is involved in. It’s hard to imagine that Becker is capable of giving them (or just about anyone who isn’t a union) a fair hearing. National Right to Work has responded by filing… recusal motions against Becker on the National Labor Relations Board. It will be telling to see how this gets handled.
Meanwhile, Mark Mix, President of National Right to Work appeared on the Fox Business Channel regarding the Becker appointment:
Teacher Challenges School Policy that Discriminates Against Nonunion Teachers during Professional Hearings
Miami, FL (April 1, 2010) – With free legal assistance from the National Right to Work Foundation, a Miami-Dade public school teacher has filed unfair labor practice charges challenging a discriminatory policy that prevents nonunion teachers from using representatives of their own choosing during school investigatory interviews.
Shawn Beightol, a veteran chemistry teacher at Michel Krop Sr. High School, was told to report to the Miami-Dade County Office of Professional Standards (OPS) to discuss a possible violation of the school’s email policy last October.
The United Teachers of Dade (UTD) union is the exclusive bargaining agent for the Miami-Dade School District. However, Beightol is a member of the Professional Educations Network of Florida (PENFL), a nonunion teachers association. Although Beightol brought a representative from the PENFL to the October hearing, school officials refused to allow his advisor to participate.
Beightol’s charges allege that the Miami-Dade School District and UTD union officials unfairly discriminate against nonunion teachers by denying them the opportunity to bring private counsel to professional hearings. Although UTD members are entitled to union counsel at investigatory conferences, the teachers’ contract – negotiated by union officials with the school district – forbids private attorneys. This practice effectively discourages teachers from leaving UTD or joining a voluntary teacher association instead of the union.
Florida law explicitly prohibits public employers from encouraging union membership through discriminatory workplace practices. Florida’s popular Right to Work Law also guarantees that no employee – public or private – can be coerced into joining a union or paying union dues.
“This policy is nothing more than an underhanded way to force reluctant teachers into union ranks,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “Union bosses and complicit public school administrators use these discriminatory policies to bludgeon nonmember teachers and voluntary teacher associations for offering workplace alternatives to union monopoly bargaining.”
Beightol’s charges will now be investigated by the Florida Public Employees Relations Commission in Tallahassee.
Grocery Store Worker Files Charges against UFCW Union Bosses for Illegal, Unauthorized Dues Deduction
Falls Church, VA (April 1, 2010) – With free legal aid from staff attorneys at the National Right to Work Foundation, a Giant Food employee has filed unfair labor practice charges against United Food & Commercial Workers (UFCW) Local 400 union bosses for forcing the employer to deduct union dues from his paycheck even though he exercised his right to refrain from union membership.
In the last six months, Peyman Jamshidi learned that unauthorized deductions were being made from his paycheck for union dues, despite the fact that he informed UFCW local 400 union officials that he did not want to be a union member. Because Virginia is a Right to Work state, Giant Food and UFCW Local 400 cannot require nonmember employees to pay union dues as a condition of employment.
When Jamshidi informed a union official that he was exercising his right to refrain from union membership, the union official still demanded that Jamshidi sign a union membership card for a vague promise of “protection.” Upon receiving the signed card from Jamshidi, the union official wrote on the card that Jamshidi was not to be charged any fees.
In addition to Virginia’s Right to Work law that protects the freedom of association of independent-minded workers, federal law requires union officials to inform employees of their right to refrain from union membership and makes dues deduction check-off procedures entirely voluntary. Other employees in the workplace less informed about their rights may have been illegally coerced into signing union membership cards and authorizing dues deductions.
The Baltimore-based Regional Director of the National Labor Relations Board (NLRB) will investigate the charges and determine whether to prosecute UFCW Local 400 union bosses before an administrative law judge. Jamshidi demands that the illegal forced dues deductions cease immediately and seeks a full reimbursement of all money deducted from his paycheck without his consent.
Jamshidi’s charges mirror a similar case currently pending before the NLRB Regional Director in San Diego, California. In that case, union officials similarly misled a grocery store worker into signing a union membership card and writing “Beck Decision” on the card, suggesting that he could only be charged union fees related to workplace bargaining in line with the Foundation-won U.S. Supreme Court precedent Communication Workers of America v. Beck. But UFCW local union officials ordered he be fired when he attempted to pay the amount he believed he lawfully owed and not the full union dues and initiation fees the union demanded.
“UFCW Local 400 union bosses’ practice of illegally seizing dues from workers’ paychecks without their consent demonstrates a flagrant disregard for Virginia’s longstanding and popular Right to Work law,” explained Patrick Semmens, legal information director for the National Right to Work Foundation.
“More troublingly, there appears to be a pattern among UFCW local union officials to deliberately and fraudulently coerce workers into joining dues-paying ranks,” continued Semmens. “At least one worker in California has already been illegally fired as a result of this disturbing practice, clearly demonstrating the need for forced-unionism states like California to adopt Right to Work protections for independent-minded workers.”
Legal Aid Foundation Demands Radical Obama-Recess Appointee to Recuse Himself from 12 Pending Cases
Legal Aid Foundation Demands Radical Obama-Recess Appointee to Recuse Himself from 12 Pending Cases
New federal labor board member Craig Becker has demonstrated malice against National Right to Work Foundation and pre-judged cases about workplace freedom and union boss malfeasance
Washington, DC (March 29, 2010) – After President Barack Obama installed Service Employees International Union (SEIU) lawyer Craig Becker as a recess appointee to the National Labor Relations Board (NLRB) on Saturday, National Right to Work Legal Defense Foundation attorneys are now filing 12 recusal motions asking Becker to step aside in any pending case involving the Foundation.
As associate general counsel of the SEIU, Becker directly litigated against Foundation attorneys and helped orchestrate legal strategies for SEIU affiliates across the United States, so he should recuse himself from cases involving the SEIU or its affiliates. Moreover, his published writings indicate an extreme level of hostility against the Foundation and its legal arguments on behalf of workers, even when the NLRB or United States Supreme Court have agreed and ruled against union officials for their abusive practices.
The Foundation’s free legal aid cases frequently involve unfair labor practices committed by union officials, such as coercive practices to corral workers into union membership and illegal use of fees paid by nonmembers for political purposes. Becker’s record suggests he is unable to give workers who turn to the Foundation for help an impartial hearing and instead will simply rubber-stamp whatever union boss wrongdoings are put before him.
The full press release is available here. Download two of the motions (PDF) here and here.
Legal Aid Foundation Demands Radical Obama-Recess Appointee to Recuse Himself from 12 Pending Cases
Washington, DC (March 29, 2010) – After President Barack Obama installed Service Employees International Union (SEIU) lawyer Craig Becker as a recess appointee to the National Labor Relations Board (NLRB) on Saturday, National Right to Work Legal Defense Foundation attorneys are now filing 12 recusal motions asking Becker to step aside in any pending case involving the Foundation.
As associate general counsel of the SEIU, Becker directly litigated against Foundation attorneys and helped orchestrate legal strategies for SEIU affiliates across the United States, so he should recuse himself from cases involving the SEIU or its affiliates. Moreover, his published writings indicate an extreme level of hostility against the Foundation and its legal arguments on behalf of workers, even when the NLRB or United States Supreme Court have agreed and ruled against union officials for their abusive practices.
The Foundation’s free legal aid cases frequently involve unfair labor practices committed by union officials, such as coercive practices to corral workers into union membership and illegal use of fees paid by nonmembers for political purposes. Becker’s record suggests he is unable to give workers who turn to the Foundation for help an impartial hearing and instead will simply rubber-stamp whatever union boss wrongdoings are put before him.
“Craig Becker’s radical views on unionization caught the eyes of concerned citizens who normally don’t pay much attention to obscure agencies like the NLRB,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “Becker’s record shows his personal bias and animosity specifically towards our nonprofit organization and generally towards workers who reject unionization or challenge union official abuse.”
In a bipartisan vote, the Senate in February voted against moving the nomination forward over concerns of Becker’s impartiality and whether he would use his seat on the federal agency to bypass a close vote in Congress and replace the secret ballot in workplace unionization drives with intimidating card check campaigns in which union operatives harass workers into signing union authorization cards.
The coercive nature of card check drives is at the heart of some of the cases in which the Foundation has asked for Becker’s recusal. Union lawyers have devised a legal strategy to overturn Dana Corp, a landmark case won by Foundation attorneys in which the NLRB granted employees the ability to file a decertification petition and demand a secret ballot election to toss out union officials from their workplace within 45 days after an employer recognizes a monopoly bargaining agent by card check.
Becker has strongly criticized the Foundation’s mere involvement in Dana, as well as the independent discretion of the NLRB’s General Counsel to put the case before the Board. Foundation attorneys have several Dana decertification petitions pending with the NLRB, but Becker appears to have pre-judged the issues at stake.
“The National Right to Work Foundation is the only charitable organization providing free legal aid to workers victimized by union boss abuse,” continued Semmens. “These workers deserve a fair hearing.”
Is Obama Planning an Easter Recess Appointment of Radical SEIU Lawyer Craig Becker to the NLRB?
Last month, the Senate rejected an attempt to confirm President Barack Obama’s nomination of pro-compulsory unionism radical Craig Becker to the National Labor Relations Board (NLRB). The Wall Street Journal reports that with the Senate now taking it’s Easter recess, Becker could be appointed via a recess appointment "as early as today."
As the Journal notes, a Craig Becker NLRB appointment resurrection would be disastrous to employee rights:
Mr. Becker has written extensively about the National Labor Relations Act, the law that the NLRB interprets and enforces. In a 1993 Minnesota Law Review article, he said that the "core defect in union election law . . . is the employer’s status as a party to labor representation proceedings" and that "employers should be stripped of any legally cognizable interest in their employees’ election of representatives."
In other words, you can forget about employees getting truthful and non-coercive information about the downsides of unionization.
But there’s more. Becker has publicly argued union goons should have the privilege to repeatedly harass workers at home until the workers sign "card check" union authorization cards; advocated allowing government arbiters impose contracts on workers without even allowing the workers to vote on the contract; and has even compared union organizing elections to US Congressional elections, stating that the only question decided in such elections should be which union gets monopoly control over workers, not whether they wish to remain independent and union free.
Or as the Journal puts it, "the modern union movement is bloody-minded about the will to power and Mr. Becker is one of its fiercest partisans."
Meanwhile, Mark Mix, President of National Right to Work, expressed some additional concerns regarding Becker’s extreme forced unionism record in this morning’s Washington Times:
Mark Mix of the National Right to Work organization reports that in 2007 alone, Mr. Becker’s lawyering forced 63,000 California workers to pay union dues even after rejecting union membership. He [encouraged] repeated "home visits" for union backers, designed to pressure workers to sign public union-organizing petitions. Unions were "formed to escape the evils of individualism and individual competition. … Their actions necessarily involve coercion," Mr. Becker once explained.
To view more information on Big Labor sycophant Craig Becker’s radical views, check out this National Right to Work Committee special video report:
