AFL-CIO Launches Sneak Attack on Nation’s Non-Union Railway and Airline Workers

National Right to Work opposes union officials’ quiet efforts to grease the skids to impose forced unionism at non-union workplaces

Washington, DC (November 3, 2009) – America’s preeminent workers’ rights advocacy organization raised the alarm about an under-the-radar attempt by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and 30 other unions to make a dramatic change to labor regulations, enabling union organizers to corral tens of thousands of non-union railway and airline industry workers into union membership.

Yesterday, the National Mediation Board (NMB), a government agency charged under the Railway Labor Act with mediating labor disputes within the railroad and airline industries, voted 2-1 to preliminarily support the controversial changes. The National Right to Work Legal Defense Foundation sent a letter objecting to the AFL-CIO union’s proposals and the NMB is requesting comments on the proposed changes. The Foundation will file formal comments in the coming days.

The AFL-CIO union bosses’ proposal urges the NMB to discard its policy of requiring a true majority of all workers within a collective bargaining unit to decide for themselves if they wish to be represented by a union – a 75-year-old precedent – and instead implement new procedures that require only a majority of workers actually voting in a union organizing election to make that decision for the whole group.

(Read the full press release)

Washington, DC (November 3, 2009) – America’s preeminent workers’ rights advocacy organization raised the alarm about an under-the-radar attempt by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and 30 other unions to make a dramatic change to labor regulations, enabling union organizers to corral tens of thousands of non-union railway and airline industry workers into union membership.

Yesterday, the National Mediation Board (NMB), a government agency charged under the Railway Labor Act with mediating labor disputes within the railroad and airline industries, voted 2-1 to preliminarily support the controversial changes.  The National Right to Work Legal Defense Foundation sent a letter objecting to the AFL-CIO union’s proposals and the NMB is requesting comments on the proposed changes.  The Foundation will file formal comments in the coming days.

The AFL-CIO union bosses’ proposal urges the NMB to discard its policy of requiring a true majority of all workers within a collective bargaining unit to decide for themselves if they wish to be represented by a union – a 75-year-old precedent – and instead implement new procedures that require only a majority of workers actually voting in a union organizing election to make that decision for the whole group.

The National Right to Work Foundation opposes the AFL-CIO’s proposal because it makes it exceedingly difficult for independent-minded workers to resist Big Labor’s well-funded, professional organizing machine, particularly since these campaigns must be run across an entire, often-nationwide bargaining unit.  The proposed change also imposes a greater burden on employees who wish to refrain from union membership by forcing them to either take affirmative action to oppose the union or otherwise potentially allow far less than a majority make that decision for them.

“Apparently unable to convince a true majority of affected workers to vote for unionization under the current process, AFL-CIO operatives are attempting to change the rules to give themselves the upper hand over the workers,” said Stefan Gleason, vice president of National Right to Work. “Individual workers should never be forced into union ranks against their will, and it’s unconscionable that union bosses want to be able to impose unionization without an actual majority of employees ever showing support for a union.”

The National Right to Work Foundation’s letter also calls on the NMB to establish a formal process for workers wanting to remove a union as their monopoly bargaining agent as required under Foundation-won precedent in U.S. federal court.

New York, NY (November 2, 2009) – With free legal assistance from the National Right to Work Foundation, a local employee has filed federal unfair labor practice charges against the Newspaper Guild of New York Local 3 Union.

Jeremy Rosenbaum, a financial analyst at Standard & Poor’s, is not a union member and had previously exercised his right to opt-out of certain union dues. In July of 2009, Rosenbaum discovered that union officials arbitrarily stripped him of his objector status, forcing him to pay full dues.

Although employees can be required to pay union dues as a condition of employment, the Foundation-won Supreme Court decision Communication Workers v. Beck guarantees the right of workers to opt-out of dues intended for purposes other than union bargaining, including lobbying, political activism, and members-only activities.

However, local union bosses maintain a controversial policy that requires employees to annually renew their objection to paying forced union dues unrelated to bargaining. If an employee fails to register an objection within a window period designated by union officials, they are automatically re-enrolled as full dues-payers.

In response, Rosenbaum filed charges with the National Labor Relations Board (NLRB), seeking union recognition of his right to opt-out of dues for ideological activities and a rescission of the union’s annual objection policy. The charges will now be investigated by NLRB officials. Several courts and NLRB administrative law judges have ruled similar policies unlawful.

“We intend to make the union hierarchy pay for their violations of employee rights,” said Stefan Gleason, vice president of the National Right to Work Foundation. “However, the best way to protect all workers from similar mistreatment would be for New York to adopt a Right to Work law, making the payment of union dues purely voluntary.”

Columbia, South Carolina (October 30, 2009) – A local employee of Wackenhut Services, Inc, a security service provider contracted with Fort Jackson, is fighting back against compulsory unionism after union officials illegally attempted to have him fired from his job for refusing to pay forced union dues.

In September 2008, Ronald I. Paul filed unfair labor practice charges with the National Labor Relations Board (NLRB) challenging Wackenhut and International Union, Security, Police and Fire Professionals of America (SPFPA) and its affiliated Local 339 union bosses after Wackenhut fired him in August 2008 for refraining from formal, dues paying union membership.  The charges were eventually settled in December of 2008 and Paul continued his employment.

Starting in May 2009, in violation of the settlement, the employer and SPFPA union officials issued new threats against Paul’s job. Claiming that Paul’s workplace is on an “exclusive federal enclave” not protected by South Carolina’s popular Right to Work law, SPFPA union officials compelled Paul to attend a meeting and coerced him to apply for union membership as a condition to keep his job.  In response, Paul filed another round of unfair labor practice charges against the union – pointing out that the union’s own contract explicitly states that formal union membership is not a condition of employment. In September, the NLRB notified Mr. Paul that his charges would be dismissed.

Attorneys from the National Right to Work Foundation contacted Mr. Paul offering free legal aid (which Paul eagerly accepted), and the regional NLRB office in Winston-Salem, North Carolina is now investigating Paul’s charges and additional charges filed by Foundation attorneys. Related charges against Wackenhut are also pending.

In the Foundation-won Communication Workers of America v. Beck (1988), the U.S. Supreme Court held that union officials can lawfully compel nonmembers to pay union dues as a job condition, but not the part of dues spent for non-bargaining activities like political activism, lobbying, and member-only events.  Under Beck, unions must also provide such employees with an audited breakdown of chargeable expenses.

SPFPA union officials continue to threaten Paul despite the fact that they did not provide him with an adequate explanation as required under Beck for the basis of their claims against a portion of his earnings.  Additionally, SPFPA union bosses are requiring employees who refrain from formal, dues paying union membership to partake in an overly burdensome process of specifying the amount of non-bargaining dues they do not wish to pay without providing them with sufficient information to make such a decision.  And finally, Paul is challenging the SPFPA union’s nationwide policy of requiring employees to object every single year to paying union dues they cannot be lawfully forced to pay – rather than objecting just once.

“SPFPA union bosses have repeatedly reneged on their own word and we hope the NLRB will now hold them accountable for their thuggery,” said Stefan Gleason, vice president of the National Right to Work Foundation.   “Right to Work litigators stand guard with Mr. Paul to protect him from union bosses who will stop at nothing to seize hard earned money for their own purposes.”

Jackson, MI (October 28, 2009) – With free legal assistance from the National Right to Work Foundation, three local employees have filed unfair labor practice charges against the International Brotherhood of Teamsters Local 164 union for obstructing their attempts to opt-out of forced union dues.

Michael Vetrovec, Robert Harris, and Larry Kunk are employed by Perfection Associates L.L.C. in Jackson, Michigan. All three employees object to Teamster membership and attempted to opt-out of paying full union dues.

Because Michigan lacks a Right to Work law, employees can be forced to pay certain union dues as a condition of employment. But the Foundation-won Supreme Court decision Communication Workers v. Beck guarantees the right of workers to opt-out of forced dues intended for purposes other than workplace bargaining, including lobbying, political activism, and members-only activities.

However, Teamsters officials have not stopped collecting forced dues from Vetrovec, Harris, and Kunk earmarked for non-chargeable activities. Union officials have also failed to provide them with an independently audited breakdown of union expenditures, which is required by law to ensure that workers are not being compelled to pay for objectionable activities.

Moreover, union officials told Vetrovec that he would have to sign another check-off form authorizing the automatic payroll deduction of union dues if he wanted to opt-out of dues unrelated to collective bargaining. Previous Foundation-won precedents have also established that non-members cannot be required to authorize automatic dues deduction.

The charges will now be investigated by the National Labor Relations Board.

“While we’re confident that this dispute will be resolved in favor of the workers, no one should have to file federal charges just to keep their hard-earned salary from being diverted to fund a union’s radical politics,” said Stefan Gleason, vice president of the National Right to Work Foundation. “The best way to end this type of abuse would be for Michigan to adopt a Right to Work law, making the payment of union dues strictly voluntary.”