29 Jan 2015

Kaiser Permanente Nurse Files Federal Charge Against Union for Violating Disclosure Guidelines

Posted in News Releases

Sacramento, CA (January 29, 2015) – A local Kaiser Permanente nurse has filed a federal charge against the California Nurses Association (CNA) union for violating her rights and failing to follow federal disclosure requirements.

With free legal assistance from the National Right to Work Foundation, Kaiser Permanente South Sacramento nurse Elizabeth Wilber filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

On November 16, 2014, Wilber sent a letter resigning her union membership in the CNA union. Her letter also objected to paying full dues.

Under federal labor law, workers have the right to refrain from formal union membership. However, because California does not have Right to Work protections for workers, nonmember workers can be forced to pay a part of union dues and fees or be fired from their job.

As a result of the Foundation’s U.S. Supreme Court victory in Communications Workers v. Beck, employees can refrain from paying for politics and many other union activities. Union officials must also provide workers with an independently-audited financial breakdown of all forced-dues union expenditures and the opportunity to challenge the amount of forced union fees before an impartial decision maker.

Despite Wilber’s union resignation, the CNA union hierarchy has refused to follow the federal disclosure requirements outlined under Beck and its progeny.

“CNA union bosses are keeping this nurse in the dark about their forced-dues expenditures by skirting federal disclosure guidelines,” said Mark Mix, President of the National Right to Work Foundation. “This case demonstrates that California desperately needs a Right to Work law, which would make union affiliation and dues payments completely voluntary.”

Twenty-four states have Right to Work protections for employees. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

2 Feb 2015

Kroger Workers Win Hundreds in Federal Settlement After Grocery Union Bosses Ignore Right to Work Protections

Posted in News Releases

Fort Wayne, IN (February 2, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, two Fort Wayne Kroger workers have won a settlement after filing federal charges against a local union for ignoring their right to refrain from paying union dues.

In September 2014, Eleanor Haynes and Barbara Peter filed the unfair labor practice charges with the National Labor Relations Board (NLRB) against the United Food & Commercial Workers (UFCW) International Union Local 700.

Haynes and Peter resigned from the union and revoked their dues deduction authorizations – a document used by union officials to automatically collect dues from workers’ paychecks – effective with the expiration of the union’s contract with their employer. Under federal labor law, workers can unconditionally revoke their dues deduction authorizations when a contract between the union and their employer terminates. Under Indiana’s popular Right to Work law, no worker can be required to join or pay any money to a union.

Despite the workers’ efforts to exercise their rights, UFCW Local 700 union officials continued to confiscate union dues payments from their paychecks.

Per the terms of the settlement, Kroger and Local 700 union officials will refund Haynes $197.21 and union officials will refund Peter $169.73 in illegally-seized union dues, plus interest. The union hierarchy must also post a notice in the workplace informing other workers of their right to refrain from dues-paying union membership.

“These two Kroger workers followed all necessary procedures to exercise their legally-protected right to resign their union membership and cut off union dues to no avail,” said Mark Mix, President of the National Right to Work Foundation. “Local 700 union officials relented and acknowledged these workers’ rights only after the workers filed federal charges.”

“This case underscores just how important Indiana’s Right to Work law is for workers who want nothing to do with scofflaw union bosses,” added Mix.

Twenty-four states have Right to Work protections for private-sector workers. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

3 Feb 2015

Workers to Have Fourth Vote on Whether to Remove Union after Ballot Box Stuffing Taints Third Vote

Posted in News Releases

Hamilton, AL (February 3, 2015) – Workers in a local parts manufacturing plant are voting a fourth time in a federally-supervised union election after union officials skirted being kicked out of the workplace in a recent election tainted by ballot stuffing and mishandling of ballots.

The National Labor Relations Board (NLRB) will conduct the fourth election after NTN-Bower Corporation employee Ginger Estes, who is receiving free legal assistance from National Right to Work Foundation staff attorneys, filed objections to the tainted third election.

United Auto Workers (UAW) union officials currently hold monopoly bargaining power over 140 NTN-Bower manufacturing workers. Ginger Estes and other employees at the plant requested an election with the NLRB in 2013 to determine whether to remove the UAW union from their workplace.

After workers cast ballots in the first election, union and company officials agreed to set aside that election and allow the workers to vote in a second election. In the second election, workers voted to remove the union by a margin of two votes. Union officials challenged the results of that election, and a 2-1 panel of the Obama Labor Board voted to invalidate the results and schedule a third election.

On January 16, 2015, workers voted a third time to determine whether to remove the UAW union from their workplace. Even though 139 workers voted in the third election out of the 140 eligible, 148 ballots were cast. UAW union officials skirted being kicked out of the workplace by a small margin.

After Estes formally challenged the results of the tainted third election, the NLRB and all parties agreed to hold a fourth election.

“This is a good example of a rigged election characterized by obvious ballot box stuffing and mishandling of ballots,” said Mark Mix, president of National Right to Work. “This case underscores the difficulty workers often experience when trying to remove unwanted unions from their workplaces.”

4 Feb 2015

UPS Seasonal Worker Receives $0 Paycheck After Company Illegally Seizes Dues for Teamster Union

Posted in News Releases

News Release

UPS Seasonal Worker Receives $0 Paycheck After Company Illegally Seizes Dues for Teamster Union

Worker files federal charge to challenge illegal union dues payment

Stockton, CA (February 4, 2015) – A former seasonal United Parcel Service (UPS) employee has filed a federal charge against the company after it illegally confiscated Teamster union dues from his salary, leaving him with a paycheck of $0.

With free legal assistance from National Right to Work Foundation staff attorneys, Santiago Olmos filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

Shortly after Olmos was hired as a seasonal employee for the Christmas delivery rush, he attended UPS training on December 8, 2014. At the meeting, a UPS manager told all of the employees in attendance that they were required to join the Teamster Local 439 union and pay union dues.

Click here to read the full release.

6 Feb 2015

SEIU Faces Federal Prosecution for Violating Local Security Guards’ Rights

Posted in News Releases

News Release

SEIU Faces Federal Prosecution for Violating Local Security Guards’ Rights

Case underscores need for Right to Work protections for California’s workers

San Francisco, CA (February 6, 2015) – The San Francisco-based Service Employees International Union (SEIU) Local 24/7 is facing a federal prosecution for violating local security guards’ rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Universal Protection Service security guard Daniel Ozabuki filed an unfair labor practice charge for himself and seven other guards against the union alleging a litany of rights abuses.

Click here to read the full release.

6 Feb 2015

SEIU Faces Federal Prosecution for Violating Local Security Guards’ Rights

Posted in News Releases

San Francisco, CA (February 6, 2015) – The San Francisco-based Service Employees International Union (SEIU) Local 24/7 is facing a federal prosecution for violating local security guards’ rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Universal Protection Service security guard Daniel Ozabuki filed an unfair labor practice charge for himself and seven other guards against the union alleging a litany of rights abuses.

The guards are all employed by Universal Protection Service, which has been party to a monopoly bargaining agreement with Local 24/7 since the company took over for the previous security contractor, Guard Maintenance Services Corporation. Guard Maintenance Services also had a monopoly bargaining agreement with the union.

Because California lacks a Right to Work law making union membership and dues payments strictly voluntary, workers can be forced to pay union dues and fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, workers who refrain from union membership can also refrain from paying for union politics and members-only events.

Ozabuki and at least four other security guards have refrained from union membership for several years. In February 2012, some of the then-Guard Maintenance Services workers reached a settlement with SEIU officials regarding an earlier round of charges. The settlement required that union officials allow nonmember workers to opt out of paying for union activities unrelated to workplace bargaining.

However, since SEIU officials entered into a contract with Universal Protection, union officials have again forced the workers into full dues payments despite the workers’ repeated attempts to refrain.

Three additional workers have detailed how SEIU officials kept them in the dark about their right to refrain from formal union membership and full dues payments.

The NLRB now has found merit to the workers’ charges and issued a complaint against the SEIU officials.

“SEIU bosses are resorting to deception to force workers into full dues paying union ranks,” said Patrick Semmens, vice president of the National Right to Work Foundation. “The best solution to break the SEIU bosses’ pattern of rights abuses is for California to enact a Right to Work law making union membership and dues payment strictly voluntary.”

6 Feb 2015

Federal Settlement Awards Johnson Controls Worker Six Months of Illegally-Seized Union Confiscations

Posted in News Releases

News Release

Federal Settlement Awards Johnson Controls Worker Six Months of Illegally-Seized Union Confiscations

Case underscores needs for Right to Work protections

Sycamore, IL (February 6, 2015) – A local Johnson Controls, Inc. worker has won a federal settlement from the United Auto Workers (UAW) union hierarchy and the company for violating his right to refrain from paying union dues and fees used for union officials’ politics.

The settlement comes in the wake of federal charges Johnson Controls employee Thomas Hayden filed with legal assistance from National Right to Work Foundation staff attorneys.

Hayden, who has exercised his right under federal labor law to refrain from formal union membership, must accept the exclusive representation of UAW, and its Local 1268, union officials. Because Illinois does not have Right to Work protections for workers, nonmember workers like Hayden can be forced to pay a part of union dues and fees.

Click here to read the full release.

10 Feb 2015

NRTW Praises Rauner Executive Action, Offers Free Legal Aid to Illinois State Employees

Posted in News Releases

News Release

NRTW Praises Rauner Executive Action, Offers Free Legal Aid to Illinois State Employees

Foundation has long history of assisting public employees seeking to refrain from union membership and dues payments

Washington, DC (February 10, 2015) – The National Right to Work Foundation is offering free legal aid to public employees seeking to exercise their right to refrain from paying union dues or fees that may result from Illinois Governor Bruce Rauner’s newly-issued executive order.

Governor Rauner issued an executive order late Monday that instructs all state agencies to put in escrow, pending the outcome of a federal court lawsuit the Governor filed the same day, all forced union-fee deductions from nonmember state employees’ wages required by Illinois’ public-sector labor relations statute. The Governor’s lawsuit asks that a judgment be entered declaring unconstitutional the provisions of state collective bargaining agreements that require nonmember state employees to pay union fees, a judgment that would effectively grant those workers Right to Work protections.

The National Right to Work Foundation has a long history of assisting employees seeking to exercise their Right to Work rights, most recently under newly enacted Right to Work provisions in Wisconsin, Indiana, and Michigan. Foundation attorneys also provided free legal representation to Illinois home-based personal care providers who, under executive orders issued by former Governors Rod Blagojevich and Pat Quinn, were forced to pay union dues or fees against their will. In that case, Harris v. Quinn, the U.S. Supreme Court struck down the Illinois scheme, ruling that individuals who indirectly receive state subsidies based on their clientele cannot be forced to pay compulsory union fees.

Mark Mix, president of the National Right to Work Foundation, issued the following statement:

“Governor Rauner’s actions may give Illinois public employees the Right to Work protections they so desperately need and deserve. These are bold steps to protect Illinois state employees’ rights not to pay tribute to union bosses as a condition of working as public servants.

“Unfortunately, union officials won’t give up their forced dues power easily. In addition to fighting Governor Rauner in court, it won’t be surprising to see them make it difficult for workers to exercise their rights. State employees who try to exercise those rights may encounter stonewalling, intimidation, or harassment at the hands of union officials.

Click here to read the full release.

12 Feb 2015

Worker Advocate Files Federal Court Briefs Challenging Obama Labor Board’s Ambush Election Rules

Posted in News Releases

News Release

Worker Advocate Files Federal Court Briefs Challenging Obama Labor Board’s Ambush Election Rules

In two court challenges to NLRB’s recycled biased rules, Foundation argues rules allow union bosses to ambush workers into Big Labor’s forced-dues-paying ranks

Washington, DC (February 12, 2015) – The National Right to Work Foundation has filed briefs in two federal courts challenging the National Labor Relations Board’s (NLRB) recently-enacted regulations that will further give union organizers the upper hand over independent-minded employees during unionization campaigns.

The rules are designed to dramatically shorten the time individual workers have to share information with their coworkers about the effects of unionization. The regulations also require employers to hand over workers’ private information to union organizers, including their phone numbers and email addresses.

Click here to read the full release.

24 Feb 2015

Teenage Grocery Clerk Wins Federal Case Against Grocery Union Officials Who Violated His Rights

Posted in News Releases

News Release

Teenage Grocery Clerk Wins Federal Case Against Grocery Union Officials Who Violated His Rights

Union officials illegally threatened to have him fired for not joining and paying full dues

San Diego, CA (February 24, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, a teenage part-time Ralphs Grocery clerk has won a federal ruling against a local grocery union for violating his workplace rights.

The teenager filed an unfair labor practice charge with the National Labor Relations Board (NLRB) against the United Food & Commercial Workers (UFCW) Local 135 union after union officials provided him in July 2013, with a membership packet that illegally stated that new hires must join the union and pay full union dues as a condition of their employment.

The teenager eventually learned about his right to refrain from full dues paying union membership and made multiple inquiries about resigning his union membership and paying reduced dues with UFCW Local 135 officials. His multiple requests were denied, stonewalled, or ignored.

Click here to read the full release.