Obama’s Style of So-Called Leadership: “Mr. Contractor, Tear Down Those Employee Rights Notices”
President Barack Obama’s efforts to transition the Department of Labor into a giant, taxpayer-funded extension of Big Labor’s organizing and political fund-raising machine just hit another milestone. President Barack Obama’s January 30, 2009 executive order, aimed to help union bosses seize more forced dues revenue to fund Big Labor’s political agenda, was just printed in the Federal Register — making it official.
In a nutshell, the EO tears down posted notices to employees of federal contractors which explain they can actually refrain from paying forced union dues spent for union electioneering and the like.
Obama’s directive intends to ensure millions of workers do not learn of their rights and revokes former-President Bush’s February 2001 executive order which required federal contractors to post notices in the workplace simply informing employees of their right to refrain from formal, full-dues-paying union membership and pay only the documented cost of collective bargaining.
National Right to Work Foundation attorneys won these rights in their precedent-setting U.S. Supreme Court victory in Communication Workers v. Beck (1988).
Regular Freedom@Work readers may remember Obama’s edict was one of the first in a long line of political paybacks to Big Labor for their use of over a billion forced-dues dollars in 2008 to elected him and his pro-compulsory unionism allies in Congress. View some other Obama paybacks to Big Labor, including his picks on who controls the Department of Labor and the NLRB, rolling back union disclosure guidelines and reducing union boss accountability, and using taxpayer dollars to fund their forced dues operations and bail out union boss pension funds.
Mark Mix: Public Deserves to Know About Obama/Big Labor Collusion
President Barack Obama’s empty promises of unprecedented transparency have “won” him a federal lawsuit. His Department of Labor has for many months ignored a series of Freedom of Information Act (FIOA) requests that would let the American people know more about the close connections forged this year between the Department of Labor officials and Big Labor operatives.
Mark Mix, president of the National Right to Work Legal Defense Foundation, discusses in today’s Washington Examiner why the Foundation is pressing the Obama Administration to disclose its entanglements with Big Labor cronies using the Freedom of Information Act:
The foundation’s concerns about possible conflicts of interest start right at the top with Secretary of Labor Hilda Solis, who held a leadership post at American Rights at Work, a group funded by the AFL-CIO and the powerful Service Employees International Union.
The foundation is also seeking information on the role of former AFL-CIO lawyer Deborah Greenfield, now a high-ranking Department of Labor official. Before the election, Greenfield filed suit on Big Labor’s behalf to stop the implementation of some modest disclosure requirements for union officials. Now she’s in charge of gutting those same reporting guidelines.
In his first full day in office, Obama pledged that his appointees “will not for a period of two years … participate in any particular matter involving specific parties that is directly and substantially related to their former employer.” Yet Labor Secretary Solis was given a free pass, even though she helped oversee ARAW’s intense lobbying program while serving as a member of Congress (itself a congressional ethics problem).
Meanwhile, as a lawyer with the AFL-CIO, Greenfield sued the Department of Labor over the very regulations she is now rolling back.
Understandably concerned, the National Right to Work Foundation filed a FOIA request for more information seven months ago, only to be stonewalled by Labor bureaucrats. Other than a few cursory status updates, Obama’s Department of Labor has ignored the statutory requirement to provide disclosure. In short, it may be hiding information about whether Solis and Greenfield are coordinating their activities with union operatives.
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After months of waiting for a response from the Department of Labor, Right to Work Foundation lawyers filed a federal lawsuit in U.S. District Court to force the Obama administration to fulfill its obligations under the Freedom of Information Act. Hopefully, this complaint will spur the Department of Labor toward greater disclosure.
The public at least deserves to know the extent to which union operatives are rewriting laws and regulations put in place to ensure minimal standards of union transparency and accountability.
To read all of Mark Mix’s op-ed in today’s Washington Examiner, click here.
Public Sector Union Bosses Force Unwilling Workers to Join Union, Pay Full Dues
Hudson, OH (December 8, 2009) – With free legal assistance from the National Right to Work Foundation, a local worker has filed federal unfair labor practice charges against the Ohio Association of Public School Employees (OAPSE) Local 791 union. The charges allege that union officials intentionally discriminated against nonunion employees and failed to inform workers of their right to refrain from union membership.
Janet Barlow is a driver employed at First Student, whose contract with OAPSE gives union officials monopoly bargaining privileges in her workplace. Barlow alleges that union officials failed to notify employees of their rights to opt-out of union membership and the payment of full union dues.
Although workers can be forced to pay certain union dues as a condition of employment, full union membership is strictly voluntary. Moreover, the Foundation-won Supreme Court precedent Communication Workers v. Beck holds that nonunion workers cannot be forced to pay dues earmarked for union activities unrelated to workplace bargaining, including member-only events and political lobbying.
OAPSE officials are also charged with intentionally discriminating against nonunion workers by circulating a notice stating that full union members do not have to pay dues until September 1, 2010, but nonmember employees must begin payments immediately. As a result of this threat, many employees joined the union who otherwise would not have.
Barlow’s charges seek an end to these discriminatory practices and the return of illegally-seized dues. Her allegations will now be investigated by the National Labor Relations Board (NLRB).
Barlow has also filed a formal deauthorization petition with the NLRB to remove the unpopular forced dues clause from the union’s contract.
“OAPSE bosses are forcing workers to pay union dues and using discriminatory practices to shove unwilling employees into union ranks,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Although we hope to help Janet Barlow and her coworkers rectify these injustices, the best way to prevent further abuse of this nature would be for Ohio to pass a Right to Work law, making union membership and dues payment strictly voluntary.”
Federal Judge Upholds Injunction Against Teamster Union Bosses for Illegal Dues Scheme
Federal Judge Upholds Injunction Against Teamster Union Bosses for Illegal Dues Scheme
Union officials failed to provide Pennsylvania Turnpike employees with an adequate breakdown of expenditures
Pittsburgh, PA (December 8, 2009) – A judge for the United States District Court for the Western District of Pennsylvania ruled in favor of seven Pennsylvania Turnpike Commission (PTC) employees, maintaining a permanent injunction against the Teamsters union and PTC for seizing forced union dues in violation of the employees’ constitutional rights.
With free legal aid from staff attorneys at the National Right to Work Foundation, the seven Turnpike workers filed a federal lawsuit in 2007 against Teamsters Local 250, the International Brotherhood of Teamsters (IBT), and the PTC. Exercising monopoly bargaining power over PTC employees, Local 250 officials may collect forced union dues from nonmembers – but only for expenses which union officials can prove are spent on collective bargaining.
Last year, the District Court levied a permanent injunction against Local 250 from seizing forced dues from nonmembers until it complies with the due-process and adequate disclosure requirements in the Chicago Teachers Union v. Hudson and Lehnert v. Ferris Faculty Association line of U.S. Supreme Court cases. Charges must be verified by an independent auditor, and workers must have the opportunity to challenge the fee’s basis.
Federal Judge Upholds Injunction Against Teamster Union Bosses for Illegal Dues Scheme
Pittsburgh, PA (December 8, 2009) – A judge for the United States District Court for the Western District of Pennsylvania ruled in favor of seven Pennsylvania Turnpike Commission (PTC) employees, maintaining a permanent injunction against the Teamsters union and PTC for seizing forced union dues in violation of the employees’ constitutional rights.
With free legal aid from staff attorneys at the National Right to Work Foundation, the seven Turnpike workers filed a federal lawsuit in 2007 against Teamsters Local 250, the International Brotherhood of Teamsters (IBT), and the PTC. Exercising monopoly bargaining power over PTC employees, Local 250 officials may collect forced union dues from nonmembers – but only for expenses which union officials can prove are spent on collective bargaining.
Last year, the District Court levied a permanent injunction against Local 250 from seizing forced dues from nonmembers until it complies with the due-process and adequate disclosure requirements in the Chicago Teachers Union v. Hudson and Lehnert v. Ferris Faculty Association line of U.S. Supreme Court cases. Charges must be verified by an independent auditor, and workers must have the opportunity to challenge the fee’s basis.
Union officials asked U.S. District Court Judge Nora Barry Fischer to lift the injunction, but Fischer found that the union still had not complied with all of the constitutional requirements under Hudson and Lehnert. Specifically, Fischer held that the union’s audit contained overly broad language concerning organizing, lobbying, and membership activities. Fischer also singled out Local 250’s charges to nonmembers for “professional fees,” including 100 percent of all legal expenses – meaning that union bosses were attempting to charge nonmembers the cost of defending its illegal actions against them.
“Pennsylvania should adopt a Right to Work law so independent-minded employees do not have to jump through legal hoop after legal hoop just to find out what they are being charged for,” said Stefan Gleason, vice president of the National Right to Work Foundation. “In the absence of such a protection, union bosses will continue to try to abuse employees’ rights in their lust for more money and power.”
Right to Work on Glenn Beck: Dissecting Big Labor’s “Jobs Summit”
Right to Work President Mark Mix recently appeared on The Glenn Beck Show to discuss Big Labor’s plans for "job creation":
Teamsters Local Bosses Attempt to Prevent Employees From Canceling Their Forced Dues Privileges
Auburn, Washington (December 7, 2009) – In a desperate attempt to stall an employee vote at Alan Ritchey, Inc. which would rescind their forced dues privileges, Teamsters Local 117 union bosses filed unfair labor practice charges against the National Right to Work Legal Defense Foundation, asking the federal labor board to block an election sought by the employees.
Stefan Gleason, vice president of National Right to Work, released the following statement regarding the Teamster Local 117 officials’ charges:
“Teamster Local 117 union bosses’ desperate attempt to abuse the process to strip employees of their rightful vote to remove the Teamsters’ forced union dues privileges is outright frivolous. Sensing a lack of support from the employees, Teamsters Local 117 union officials are using procedural gimmicks to keep their forced-dues gravy train going.
“National Right to Work Legal Defense Foundation attorneys have represented several independent-minded employees who have been targeted by Local 117 union brass during their ongoing campaign of retaliation and harassment against employees who exercise their legal rights to refrain from funding union political activities. It’s downright ludicrous to suggest that a legal foundation located on the other side of the country is somehow coercing the employees who contacted us on their own for help.
“Forced union dues is an outrageous violation of employees’ freedom of association, and it leads to an unaccountable union hierarchy. Union officials don’t want to have to earn the support of rank and file workers, instead preferring to possess the power to get employees fired for nonpayment of union dues.”
With help from Foundation attorneys, Alan Ritchey, Inc. employees Gayle May and Patricia Allen – acting for dozens of other similarly-situated employees of the mail transportation equipment repair and service center – filed unfair labor practice charges against Local 117 last month.
The employees received a letter from union officials giving them only a few days to exercise their Foundation-won legal rights to refrain from paying union dues spent for non-bargaining activities like political activism, lobbying, and member-only events – even though the employees had already exercised these rights – or be fired from their jobs. At about the same time, other Alan Ritchey employees also filed a petition seeking a deauthorization election which would void the forced union dues clause in the contract with their employer.
Teamsters Local Bosses Attempt to Prevent Employees From Canceling Their Forced Dues Privileges
Teamsters Local Bosses Attempt to Prevent Employees From Canceling Their Forced Dues Privileges
Fearing a lack of support, union bosses abuse process to prevent employee vote
Auburn, Washington (December 7, 2009) – In a desperate attempt to stall an employee vote at Alan Ritchey, Inc. which would rescind their forced dues privileges, Teamsters Local 117 union bosses filed unfair labor practice charges against the National Right to Work Legal Defense Foundation, asking the federal labor board to block an election sought by the employees.
Stefan Gleason, vice president of National Right to Work, released the following statement regarding the Teamster Local 117 officials’ charges:
“Teamster Local 117 union bosses’ desperate attempt to abuse the process to strip employees of their rightful vote to remove the Teamsters’ forced union dues privileges is outright frivolous. Sensing a lack of support from the employees, Teamsters Local 117 union officials are using procedural gimmicks to keep their forced-dues gravy train going.
“National Right to Work Legal Defense Foundation attorneys have represented several independent-minded employees who have been targeted by Local 117 union brass during their ongoing campaign of retaliation and harassment against employees who exercise their legal rights to refrain from funding union political activities. It’s downright ludicrous to suggest that a legal foundation located on the other side of the country is somehow coercing the employees who contacted us on their own for help.
“Forced union dues is an outrageous violation of employees’ freedom of association, and it leads to an unaccountable union hierarchy. Union officials don’t want to have to earn the support of rank and file workers, instead preferring to possess the power to get employees fired for nonpayment of union dues.”
Podcast: Bluegrass State Teachers Win First Round of Legal Battle Against Forced Union Dues
Regular Freedom@Work readers may remember a Foundation lawsuit filed in September against the Jefferson County Teacher Association union and its national affiliate, the NEA. Right to Work attorneys are attacking the union hierarchy’s overall monopoly bargaining privilege, as well as its illegal union membership policy that automatically enrolls teachers as union members, holds them hostage in full union membership, and forces unwilling educators to pay union dues.
Although the embarrassment of the lawsuit forced Kentucky union bosses to announce a few minor concessions, Right to Work attorneys are pressing forward to take down the union’s entire forced union dues scheme. Foundation VP Stefan Gleason appeared on the nationally-syndicated Francene Show last Tuesday to discuss the case. Click here to listen or use the embedded player below:
Here’s an Idea for Obama’s Job Summit: End Forced Unionism!
As we brace ourselves for tonight’s “Job Summit,” brought to you courtesy of the Obama Administration and its Big Labor allies, it’s worth considering an idea that might actually help raise the employment rate — passage of more Right to Work laws.
Studies have repeatedly shown that forced unionism states lag behind Right to Work states in terms of job creation, economic growth, and worker income. If the Obama Administration is really interested in creating more jobs, it should take heed of this study from the National Institute for Labor Relations Research:
For many years, U.S. Labor Department data have shown that states with Right to Work laws on the books have far faster private-sector job growth than states that do not protect employees from federal policies authorizing the termination of workers for refusal to pay dues or fees to an unwanted union.
Between 1995 and 2005, private-sector jobs in Right to Work states increased by a net 20.2%. That’s a 79% greater increase than the relatively small increase in private-sector jobs experienced by non-Right to Work states over this period.
Of course, the case for Right to Work laws rests on more than just employment numbers, as no worker should be forced to join a union or pay union dues just to keep a job. Unfortunately, union bosses and their political allies have never much cared for workers’ individual freedoms, but will the prospect of skyrocketing unemployment rates cause them to change their tune? We won’t hold our breath.
