National Right to Work Foundation Attorney Testifies Before Congress, Spotlighting NLRB Push for Coercive ‘Card Check’
Experienced worker attorney blasts NLRB effort to rewrite the law to eliminate secret ballot votes & trap workers in unions they oppose
Washington, D.C. (May 23, 2023) – Today, National Right to Work Foundation staff attorney Aaron Solem will testify in front of the House Subcommittee on Health, Employment, Labor, and Pensions chaired by Representative Bob Good. Solem’s testimony will highlight the growing issues with the National Labor Relations Board (NLRB) and how the current NLRB and NLRB General Counsel are undermining the rights of workers in order to grant union bosses more coercive power.
Solem’s testimony emphasizes a growing number of NLRB failures to protect employees’ rights in the workplace, including General Counsel Jennifer Abruzzo’s plan to eliminate secret ballot elections and mandate unionization based on coercive “card check.” Solem’s testimony also blasts the NLRB for attempting to repeal restrictions which make it easier for union officials to file “blocking charges,” which can delay or block decertification elections no matter how many workers have signed a petition requesting a vote and opposes the union’s so-called “representation”:
“NLRB General Counsel Abruzzo, the Biden-appointed majority on the NLRB, and even some in this Congress are attempting to undermine employee free choice by ending or limiting the secret ballot. General Counsel Abruzzo is seeking to virtually end secret ballot elections and mandate unreliable, undemocratic union card checks as the primary method of union selection. The Board is also making it harder to oust a minority union by bringing back the disreputed and heavily criticized ‘blocking charge’ policy. This policy will make it harder for individual employees to decertify unwanted unions through secret ballot elections, even if 100% of the employees no longer wish to be represented.”
After highlighting the egregious dissolution of employee rights happening under Abruzzo and the Biden Administration, Solem suggested some reforms Congress could make to strengthen the freedoms of rank-and-file workers, including those he represents in cases before the NLRB:
“Rather than ratify the Board and General Counsel’s attempts to undermine secret ballot elections and entrench unpopular unions, this Committee should look to other solutions. Those solutions should grant employees more choices—ideally, the choice not to be forced to pay dues to a union. At the very least, the solution should guarantee employees a right to vote in a secret ballot election. These are far better solutions than the divisive policies being pursued by the Biden Administration and its politically-motivated appointees to the Board.”
Solem testified alongside former NLRB Member Phil Miscimarra, small business owner Cecil Leedy, and forced union dues-funded CWA lawyer Angela Thompson.
“Union bosses should not be given the power to force workers under their so-called ‘representation’ without even a secret ballot election,” observed National Right to Work Foundation President Mark Mix. “More scrutiny is needed of the Biden NLRB, which time after time seems to be acting like taxpayer-funded organizing for Big Labor, rather than a neutral arbiter of a law that is supposed to protect the legal rights of workers who are opposed to unionization.”
PHL Guava & Java Employees Overcome ‘Widespread Union Intimidation Campaign,’ Vote Out Union
Guava & Java workers in the Philadelphia Airport vote overwhelmingly to remove union despite reported intimidation campaign by union agents
Philadelphia, PA (May 22, 2023) – Workers at the Guava & Java store in the Philadelphia Airport have voted to remove the UNITE HERE Local 274 union by an overwhelming majority. The vote follows a petition submitted by Guava & Java employee Shaneisha Brown with the National Labor Relations Board (NLRB). Brown is receiving free legal aid from the National Right to Work Legal Defense Foundation.
Brown filed the petition with the NLRB on March 30, 2023, with a significant number of her coworkers’ support. After the petition was filed and verified, the NLRB scheduled the election to be held on May 11.
With an overwhelming majority of 32-9, the workers at Guava & Java voted to remove UNITE HERE Local 274 from their workplace. In doing so, they overcame a union campaign that, according to employee reports, included electioneering tactics that violated longstanding NLRB rules. The union filed no objections to the result by the May 18 deadline, and the workers are now officially union-free.
The workers at Guava & Java are the latest of many workers to be dissatisfied with union coercion. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort than their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“We are extremely pleased to assist the Guava & Java workers in exercising their rights to remove an unwanted union from their workplace,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “We are appalled, however, by the reports of heavy-handed union tactics on election day. The Foundation will continue to assist workers who wish to decertify unwanted unions, no matter what prohibited conduct union officials may attempt to engage in while trying to dissuade employees from voting out a union they oppose. We encourage all employees at the Philadelphia International Airport who have questions about decertification elections to contact the Foundation.”
Grand Rapids TerryBerry Workers Vote to Remove Unwanted Machinists Union from Workplace
Once final, vote to boot IAM union officials strips union of ability to impose forced dues in wake of Right to Work repeal legislation
Grand Rapids, MI (May 16, 2023) – Workers at the TerryBerry Company in Michigan recently voted to remove International Association of Machinist of Aerospace Engineers (IAM) District Lodge 60/Local Lodge 475 union officials’ forced representation powers. A petition filed by Mary Soltysiak with the National Labor Relations Board Region 7 (NLRB) led to this successful vote. Soltysiak received free legal aid from the National Right to Work Legal Defense Foundation.
Mary Soltysiak and her coworkers at TerryBerry Company filed for a decertification vote on April 14, 2023, with free legal aid from National Right to Work Legal Defense Foundation staff attorneys. Her decertification petition contained signatures of a majority of the employees in the unit. Soltysiak has been under the protections of the Michigan Right to Work law since 2018.
Under federal labor law, workers can trigger such a decertification vote with the support of 30% of workers in a unionized workplace. The NLRB should then promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on workers. The NLRB scheduled a vote for May 15, 2023.
On May 15, TerryBerry employees made their position on the union clear, voting to remove the union from their workplace. Barring any objections by union officials that seek to overturn the vote, the workers will be officially free of the union in one week.
The workers’ decertification petition comes in the wake of Michigan legislators ramming through a bill to repeal their state’s decade-old and highly popular Right to Work law. When the repeal law takes effect, union officials will once again have the power to force workers to pay up or be fired in workplaces where the union has forced “representation” powers. Luckily for Soltysiak and her coworkers, however, due to the successful decertification vote they will continue to be free of union coercion.
The TerryBerry decertification is one example of growing distrust in unionization, especially in Michigan. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“As Michigan workers again face the prospect of mandatory union dues, we expect more will follow these TerryBerry workers and seek to decertify unions,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “Numerous polls showed that Michigan voters overwhelmingly supported Michigan’s Right to Work law, which doesn’t prevent a single person from voluntarily joining or paying dues to a union, but merely protects workers from being fired for non-payment.”
“Being forced under a union you oppose is bad enough, but then being told to pay up or be fired is even worse,” continued Mix. “Michigan workers can turn to the National Right to Work Foundation staff attorneys who stand ready to assist them in exercising their right to decertify unwanted unions.”
Second Group of Mankato Mayo Clinic Employees Petition for Vote to Oust Union from Workplace
Nursing support staff and others in 200-person unit demand vote to remove AFSCME union officials after nurses voted MNA union out last summer
Mankato, MN (May 12, 2023) – Less than a year after Mankato Mayo Clinic nurses voted the Minnesota Nurses Association (MNA) union out of the facility, Mankato Mayo nursing support staff, clerical staff, and environmental staff are undertaking a similar effort. Mankato Mayo employee Melody Morris, with free legal aid from National Right to Work Foundation staff attorneys, filed a petition on May 9 asking the National Labor Relations Board (NLRB) to hold a vote at the clinic on whether American Federation of State, County, and Municipal Employees (AFSCME) officials should be removed.
A majority of Morris’ colleagues within the work unit under the control of AFSCME union officials supported her petition. Under NLRB rules, a union “decertification” petition containing the signatures of at least 30% of workers in a unit is enough to prompt the NLRB to administer a union decertification election.
Workers often seek free legal assistance from the National Right to Work Foundation in exercising their right to vote out an unpopular union because the NLRB’s process for doing so is convoluted and prone to union boss gamesmanship. The right to decertify is especially important for Mankato Mayo Clinic employees and other workers across Minnesota because, due to the state’s lack of Right to Work protections, union officials can force workers under their control to pay dues as a condition of getting or keeping a job. In contrast, in Right to Work states, union membership and all union financial support are strictly voluntary.
The Foundation-backed 2020 NLRB “Election Protection Rule” curtailed the non-statutory “blocking charge” policy that union bosses used to prevent rank-and-file employees from exercising their right to vote out a union. Prior to the rule, union officials could easily manipulate such “blocking charges” to stop workers’ requested votes from taking place for months or even years by making one or multiple unproven allegations against the employer.
The “Election Protection Rule” stopped the most common blocking charge tactics used by union lawyers to stall worker-requested votes, and in most cases permitted the immediate release of the vote tally. Despite numbers showing increased worker interest in voting out unwanted union officials across the country, Biden-appointed NLRB officials in Washington have initiated rulemaking to roll back the Foundation-backed reforms, including those targeting “blocking charges.”
More and More Minnesota Healthcare Workers Dissociate from Union Officials
Morris and her colleagues’ petition comes amid a surge in interest among Minnesota healthcare employees in exercising their right to vote out union officials they oppose. In addition to Mankato Mayo Clinic nurses, nurses from Mayo’s St. James, MN, branch removed the AFSCME Council 65 union from their hospital last August with Foundation aid. Employees from four Cuyuna Regional Medical Center locations across the Brainerd Lakes region of Minnesota also sought Foundation aid in their decertification effort against Service Employees International Union (SEIU) officials last year.
Minnesota union officials seem unwilling to examine why growing numbers of workers want them ousted. A Minnesota Reformer profile on MNA President Mary Turner reported that Turner believes “it’s the nurses in Mankato, not the union, who need to change their approach,” and also quoted her as saying that Mankato Mayo nurses “[are] going to have to prove to us that they want the union because they lost it.”
“Minnesota healthcare workers may have any number of reasons for opposing monopoly union ‘representation’ in their workplaces: divisive union politics, inefficient work rules, or strikes that take them away from patients,” commented National Right to Work Foundation President Mark Mix. “But one thing is for certain: They are increasingly exercising their right to boot out unwanted unions, and the push from union officials and their allies at the highest levels of government to coerce and trap workers in unions shows a preference for power over worker freedom.”
“Minnesota employees who are interested in exercising their right to be free of union control should contact Foundation staff attorneys for free help in exercising their rights,” Mix added.
Starbucks Roastery Workers Move to Oust Union after One Year
NYC Starbucks employees file petition to decertify SEIU union affiliate after just one year under the union’s compulsory ‘representation’
New York, NY (May 10, 2023) – A Starbucks Roastery worker in Chelsea, Manhattan recently filed a petition for a vote on whether to remove NY-NJ Regional Joint Board, Workers United, an affiliate of Service Employees International Union (SEIU). The petition, submitted with the National Labor Relations Board (NLRB), was filed by Kevin Caesar. Caesar is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
On May 9, 2023, Starbucks employee Caesar filed the decertification petition to obtain a vote on whether to remove the union, often called Starbucks Workers United (SBWU) from their workplace. After being unionized for just over one year, the workers have had enough of the union and believe they would be better off without it. Under the National Labor Relations Act, which the NLRB is charged with enforcing, workers must wait one year after a unionization vote before they can seek another vote, such as the decertification election Caesar and his coworkers have demanded.
With the petition filed, the NLRB should now promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on the workers. If a majority vote against the union, the workers will join the vast majority of Starbucks workers across the country who are free from union boss-control.
The Starbucks workers are just the latest example of growing dissatisfaction with union officials’ “representation.” Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
Unfortunately, the NLRB’s union decertification process is prone to union boss-created roadblocks, which can impact the Starbucks workers if union officials plot to stay in power regardless of workers’ wishes. Foundation-backed NLRB reforms from 2020 have made it somewhat easier for workers to escape unwanted union “representation,” such as the “Election Protection Rule” that prevents union bosses from filing trumped-up “blocking charges” to delay or stop decertification elections entirely.
Prior to these Foundation-backed reforms, workers often had their decertification votes delayed by unproven union blocking charges, giving union bosses the power to trap workers in union ranks they oppose nearly indefinitely. Under the Foundation-backed reforms, most votes take place promptly, with union blocking claims adjudicated after the votes have been counted. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder for workers to decertify a union.
“No worker anywhere should be forced under so-called union ‘representation’ they oppose,” commented National Right to Work Foundation President Mark Mix. “Starbucks workers around the nation that also fall victim to union tyranny should know they can turn to Foundation staff attorneys for assistance.”
“While we are happy that the Starbucks workers are able to take their first steps in exercising their rights oust an unwanted union, we call on SBWU union officials not to attempt to block or otherwise interfere with the rank-and-file workers’ right to hold this vote,” continued Mix. “Union bosses should not be allowed to keep their grip on power simply by disenfranchising those they claim to ‘represent.’”
Illinois Security Officer Defends Janus Rights Amidst Union Discrimination
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Union officials sought to coerce membership by preventing non-members from defending their jobs
Foundation attorneys aided Illinois public employee Mark Janus with former Illinois Governor Bruce Rauner (right) in his landmark First Amendment victory. But Foundation attorneys often must fight to enforce Janus rights, as in Chris Logan’s case.
CHICAGO, IL – The National Right to Work Foundation’s landmark Supreme Court victory in Janus v. AFSCME was a milestone for public sector workers. For the first time, the Court recognized that every American public sector worker had the constitutional right to cut off dues to a union they oppose.
Even with this important First Amendment protection, however, union bosses unfortunately still wield an enormous amount of power over workers who have ended their affiliation with the union. Because of laws that authorize monopoly union “representation” in the public sector, union officials still have significant control over independent-minded employees’ working conditions, pay, benefits, and more.
City of Chicago aviation security officer Chris Logan discovered just how painful Illinois Council of Police (ICOP) union bosses could make life for him after he exercised his Janus rights. In 2020, following a dispute about his job performance, Logan took action to protect his job under the terms of his employment contract, only to have union bosses exploit the opportunity to attack Logan. The union would not allow Logan to file a grievance to protect his job unless he joined the union.
Officer Challenges Discriminatory Grievance Scheme with Foundation Aid
“ICOP union officials basically tried to force me to join and pay dues to the union by making it impossible for me to defend my job otherwise,” commented Logan. “I exercised my Janus rights and left the union because I didn’t think that ICOP officials were good ‘representatives’ of me or my coworkers.”
“Instead of trying to win back my support voluntarily, union bosses used their power to deprive me of all options when I tried to defend my job — I couldn’t even file or arbitrate a grievance myself,” Logan added. “In my mind, that simply confirms I made the right decision when I left this union.”
However, with free legal representation from National Right to Work Legal Defense Foundation staff attorneys, Logan won a decision from the Illinois Labor Relations Board (ILRB) in late 2022 that decisively declared ICOP officials’ “members only” grievance scheme illegally discriminatory against non-members.
Logan first exercised his Janus rights in October 2019, telling the union by letter that he no longer wished to pay union dues. Throughout 2020, Logan faced allegations about his job — possibly instigated by union militants. Per the union monopoly agreement he was subjected to, he tried to get union officials to fulfill their role, as monopoly “representatives” of the workplace, to file grievances challenging the City of Chicago’s disciplinary actions against him.
Union officials who maintain “monopoly bargaining power” in a workplace can legally impose their control over every worker, even those who have disaffiliated with the union. Because of this privilege, however, they are also legally obligated not to discriminate against non-members when it comes to grievances or other matters. However, as Logan discovered, union officials regularly ignore this “duty of fair representation.”
Union Officials Completely Ignored ‘Fair Representation’ Legal Obligation
ICOP union officials summarily rejected all of Logan’s requests to file grievances, and even told him that he could not file grievances himself. At one point, after an ICOP union official sent Logan an email falsely claiming the union had no legal obligation to participate because Logan had exercised his Janus rights, the ICOP lawyer chimed in to tell Logan, “I concur. Good luck.” The union stated it would not file grievances for Logan simply because he was a non-member.
Logan filed unfair labor practice charges against ICOP and the City of Chicago in August 2020, maintaining that the union’s actions were illegal. An ILRB Administrative Law Judge agreed with Logan’s charges in May 2022, declaring that ICOP “violated [Illinois labor law] when its agents restrained or coerced the Charging Party in the exercise of rights . . . by threatening to deny the Charging Party equal representation in the disciplinary and grievance matters.” The ILRB later adopted this ruling, leading to Logan’s Foundation-won victory when union officials did not attempt to appeal the decision to Illinois state court.
Monopoly Bargaining Powers Open Door to Corruption
“Union bosses maintain unilateral control over workers under a ‘monopoly bargaining’ regime,” commented National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse. “For public sector workers across the country, Janus is the only check they can use against this power, and even then they could face retaliation for doing so.”
“Cases like Mr. Logan’s, where union bosses used their bargaining powers to discriminate against a worker who exercised Janus rights, ought to make our elected leaders reconsider how much privilege our laws grant unions,” LaJeunesse added.
Alaskan Factory Workers Overwhelmingly Vote to Remove Unwanted Union Monopoly ‘Representation’
Spenard Building Supply employees vote 17-6 to oust Pacific Northwest Regional Counsel of Carpenters union officials
Chugiak, AK (May 4, 2023) – Workers at the Spenard Building Supply factory recently voted to remove the Pacific Northwest Regional Counsel of Carpenters union by an overwhelming majority. A petition filed by Scot Breuer with the National Labor Relations Board Region 19 (NLRB) led to this successful vote. Breuer received free legal aid from the National Right to Work Legal Defense Foundation.
Scot Breuer filed a decertification petition with the NLRB on March 31, 2023, which was supported by a significant number of his coworkers. Under federal labor law, workers can trigger a decertification vote with the support of 30% or more of workers in a unionized workplace. The NLRB should then promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on workers. On April 12, 2023, the NLRB issued an election notice to all parties involved that stipulated an election date for May 2.
During the election on May 2, Spenard Building Supply employees made their position on the union clear when over two-thirds of the workers voted to remove the union from their workplace, with the official tally of 17-6. Barring any objections by union officials that seek to overturn the vote, the workers will be officially free of the union in one week.
The Spenard Building Supply election is just one example of workers looking to leave union control. Currently, the NLRB’s own data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
Unfortunately, the NLRB’s union decertification process is prone to union boss-created roadblocks. Foundation-backed NLRB reforms from 2020 have made it somewhat easier for workers to remove unwanted union officials, such as the “Election Protection Rule” that prevents union bosses from filing trumped-up “blocking charges” meant to delay or stop decertification elections entirely.
Prior to these Foundation-backed reforms, workers often had their decertification votes delayed by unproven union blocking charges, giving union bosses the power to trap workers in union ranks they oppose nearly indefinitely. Under the Foundation-backed reforms most votes take place promptly, with union blocking claims adjudicated later, after the votes have been counted. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder for workers to decertify a union.
“We are extremely pleased to help these Alaskan workers exercise their right to remove a union they want nothing to do with. With over two-thirds of the votes being cast in favor of removing the union, this case is a clear example as to workers’ growing dissatisfaction with compulsory unionism,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “Unfortunately, as the NLRB moves to roll back reforms that gave workers at Spenard a speedy victory, workers will again find it increasingly difficult to exercise their rights and decertify unwanted unions even when opposition to the union’s so-called ‘representation’ is overwhelming.”
Oakland County Employee Slams Union with Federal Charges Over Illegal Seizure of Dues
As Right to Work repeal looms, Milford, Michigan, Kroger employee challenges UFCW union membership form designed to coerce dues deductions
Milford, MI (May 3, 2023) – Michigan Kroger employee Roger Cornett recently filed a federal unfair labor practice charge with the National Labor Relations Board (NLRB) against United Food and Commercial Workers (UFCW) Local 876. Cornett is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
On April 26, Kroger employee Roger Cornett charged UFCW union officials with illegally seizing union dues from his paycheck. According to his charge, Cornett was presented with a “union membership application” form to complete during an employee orientation.
The form indicated that signing it would authorize both union membership and dues deductions. Cornett’s charge says the form violates federal labor law because of its “dual purpose” nature, as the law requires any authorization for union dues deductions to be voluntary and separate from a union membership application.
Cornett attempted to resign his union membership and revoke his dues deduction authorization around March 8. He successfully resigned his membership, but the union refused to stop deducting dues from Cornett’s paycheck, alleging that Cornett could only exercise his right to stop dues deductions within a tiny “window period” enforced by union officials.
Cornett’s charge comes as Michigan legislators have decided to repeal Michigan’s popular Right to Work law, which prohibits union officials from forcing workers to join or pay dues to a union to get or keep a job. Once the repeal becomes effective, Michigan union officials will again be able to get workers fired for refusal to pay union fees.
The Foundation published a legal notice to Michigan workers, stating “after the repeal statute takes effect, it will be legal under Michigan law for private-sector employers and unions to enter into agreements that compel workers to pay fees to unions as a condition of employment.” The notice also informs Michigan Workers of their legal options after the repeal of Right to Work.
“Union boss pressures will only increase as the repeal of Right to Work nears. Foundation staff attorneys will continue to assist Mr. Cornett in navigating his case,” states Mark Mix, President of the National Right to Work Legal Defense Foundation. “In less than a year, Michigan union bosses will once again have the power to demand workers be terminated merely for refusing to support the union’s agenda with their hard-earned money.”
“The Michigan legislature and Governor Whitmer, both of whom genuflect to union boss lobbyists, made a huge mistake in repealing the Right to Work law previously protecting individual workers. Numerous polls have shown Michiganders’ overwhelming support for the Right to Work law, and yet the Michigan Legislature chose to ignore the will of the people and the rights of workers,” continued Mix. “However, even as the demise of the Right to Work law in Michigan looms, Michigan workers can still reach out to National Right to Work Foundation staff attorneys to learn what rights they have to oppose union coercion, and to request help in exercising those rights.”
Orlando Airport Fueling Employees Successfully Oust USWU Union Officials Who Tried to Stop Union Decertification Vote
USWU outrageously claimed that vote among approximately 1,000 PrimeFlight employees across country was necessary to boot union just at Orlando Airport
Orlando, FL (May 2, 2023) – Robert Anderson and his fellow PrimeFlight Aviation Services fueling employees at Orlando International Airport have successfully ousted United Service Workers Union (USWU) Local 74 union officials from their workplace. Anderson and his colleagues received free legal aid from the National Right to Work Legal Defense Foundation in removing the unwanted union.
Anderson and his coworkers submitted a majority-backed petition to the National Mediation Board (NMB) in March 2023. The petition contained enough employee support to prompt the agency to conduct a union “decertification” investigation at his facility. However, union officials objected to letting the employees vote, outrageously claiming that Anderson and his coworkers were actually part of a nationwide “system” and the union decertification election would need to be conducted among almost every PrimeFlight employee in the country – even though Anderson and his colleagues simply wanted to dismiss the union from their Orlando workplace alone.
Foundation Attorneys Expose Outrageous Union Scheme to Stop Vote
Foundation attorneys refuted union arguments in a position statement, contending that the union’s position was completely at odds with the Railway Labor Act’s (RLA) basic purposes, which ensure that “employees can [choose] to join or refrain from unionization, and that they are entitled to the fullest freedom in making that choice.” The RLA governs private sector labor relations in the air and rail industries.
“The [union] reasoning is both illogical and devastating to employee free choice,” said Foundation attorneys’ statement. “Local 74 would require some 1,000 PrimeFlight fuelers, at all locations, to weigh-in on whether the employees at one specific location in Orlando should be represented by Local 74, even though those other employees cannot possibly have any…interest in the representational choices of the Orlando location’s employees.”
Further, Foundation attorneys pointed out that USWU union officials’ position was especially suspect considering “the fuelers at other locations are represented by unions other than Local 74” (emphasis added) and have completely different contracts and working conditions. Had the USWU officials’ position been adopted, in order to eject a union for workers at one location, the workers would need signatures from hundreds or potentially thousands of workers at other locations. That could include not only workers covered by different unions with entirely different monopoly bargaining contracts, but also nonunion workers at other facilities who are already free to negotiate their own terms of employment.
USWU Officials Back Down, Abandon Orlando Airport
After Foundation attorneys countered the union’s contentions, USWU union officials quickly backed down and disclaimed interest in maintaining power over Anderson and his coworkers. Likely wanting to avoid a vote of the rank-and-file fueling employees who petitioned for the decertification vote, union officials issued a letter on April 21, 2023, declaring that the union “abandons its representative status and disclaims interest in the aforementioned employees.”
The NMB closed the case on April 26, 2023, meaning Anderson and his fellow fuelers are officially free of the union.
Foundation attorneys have continuously sought to safeguard workers’ right to decertify unwanted unions at the NMB. In 2020, the Foundation filed a brief at the agency opposing the AFL-CIO’s effort to bring back the arbitrary “straw man” rule, which required workers interested in decertifying a union to solicit support for a fake “straw man” union just to vote out incumbent union officials.
“USWU union officials’ ridiculous proposal of a nationwide decertification vote disrespects the rights of rank-and-file employees to vote out union bosses they oppose,” commented National Right to Work Foundation President Mark Mix. “We applaud Mr. Anderson and his fellow airplane fuelers for exercising their rights even in the face of such opposition from USWU union officials, but there are likely many other employees across the country whose efforts to oust an unpopular union have been stifled by such legal maneuvering. National Right to Work Foundation staff attorneys stand ready to aid employees who experience similar barriers to their rights.”
Following Teachers’ Petition, Gompers Prep Charter School Employees Set to Vote on Removing Union from School
Vote to remove SDEA union scheduled to begin May 10. In previous attempt to remove union, union officials were able to delay vote for nearly two years
San Diego, CA (April 28, 2023) – California Public Employment Relations Board (PERB) has recently issued an election notice to the employees of Gompers Preparatory Academy, a public charter school in San Diego. Just over two months after employees there submitted a petition, they will be able to cast their vote on whether to remove San Diego Education Association (SDEA) union bosses’ so-called “representation.”
This election notice comes after computer teacher Sean Bentz submitted a decertification petition to PERB in March containing signatures of a majority of the teachers under the SDEA union’s control. Bentz filed the new decertification petition renewing the fight to oust the union at the earliest time permitted by California labor regulations, which immunize union officials from employee-led decertification efforts for almost the entire duration of a union contract. Bentz is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
According to the election notice promulgated by PERB, the voting period begins on May 10, 2023, and ends on June 6, 2023. The votes are to be counted on June 7, 2023. Due to current guidelines imposed by PERB, the election will be by mail ballot.
The announcement of this vote is a victory for Gompers Preparatory employees who previously had to wait nearly two years for a vote following an earlier petition. In that instance, Gompers chemistry teacher Dr. Kristie Chiscano submitted a decertification petition in October 2019 with free legal aid from the Foundation. However, despite this petition having the backing of the requisite number of teachers for a vote, SDEA union bosses worked to subvert the election by filing so-called “blocking charges,” containing allegations of employer misconduct.
Despite their never holding a hearing into whether SDEA union bosses’ claims had any merit, PERB officials delayed the decertification vote nearly two years, giving union officials time to undermine support for removing the union. Union attacks against prominent supporters of the decertification petition also resulted in charges against the union at the PERB for illegal intimidation.
Gompers made an impressive transition to being a union-free charter school in 2005 after years of being plagued by unresponsive union bureaucracies, violence, and poor academic achievement. However, the union was imposed again in January 2019 via “card check,” an abuse-prone process that bypasses the traditional secret-ballot vote system. Many teachers and parents have long viewed the reinstallation of union power at the school with suspicion. Many accused SDEA agents of actively sowing division at the school, including by supporting anti-charter school legislation and needlessly disparaging the school’s leadership.
“We are pleased that the teachers of Gompers Preparatory Academy are set to get a prompt vote on whether to remove SDEA union officials from their workplace. We hope union officials will not again resort to underhanded tactics to subvert the voices of teachers who wish to end the union’s so-called ‘representation,’” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “The history of the Gompers school is one of throwing off the chains of a union monopoly and then thriving as a result, and we’re proud to stand with these teachers who are seeking to exercise their right to do that now.”
