Majority of Miami XPO Logistics Employees Vote to Oust Teamsters Union
Miami employees’ union decertification vote follows several other recent votes by XPO Logistics employees across country to remove Teamsters union officials
Miami, FL (June 27, 2023) – Martin Garcia and his coworkers at XPO Logistics’ Hialeah, FL, location have voted to remove Teamsters Local 769 union officials from their workplace. Garcia and his colleagues received free legal assistance in their effort from National Right to Work Legal Defense Foundation staff attorneys.
Garcia filed a union decertification petition at National Labor Relations Board (NLRB) Region 12 on May 19, which contained the signatures of enough of his colleagues to prompt the NLRB to hold a union decertification vote. The NLRB held the vote among Garcia and his colleagues on June 21, in which a majority voted to end Teamsters officials’ monopoly bargaining control over the facility.
Workers often turn to the National Right to Work Foundation for free legal aid 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. Because Garcia and his colleagues work in the Right to Work state of Florida, they had the freedom to refuse to pay dues or fees to the Teamsters union while it was imposing its one-size-fits-all “representation” over all workers. In non-Right to Work states, in contrast, workers can be forced to pay dues or fees to a union they oppose as a condition of getting or keeping a job, and a decertification vote is the only way to end both forced dues and union monopoly representation.
“Teamsters officials didn’t listen to us and didn’t represent our interests in the workplace,” Garcia said. “My coworkers and I decided that the best way forward was to vote them out, and we’re glad we could get legal aid from the National Right to Work Foundation in exercising our rights.”
XPO Logistics Workers Increasingly Seek to Escape Union Ranks with Foundation Aid
Garcia’s effort is just the most recent in a string of successful Foundation-backed union decertification efforts by XPO Logistics employees against Teamsters union officials. Recent victories include Teamsters decertifications in Cinnaminson, NJ, Los Angeles, CA, Albany, NY, and other XPO Logistics locations.
Most recently, Albany-based XPO Logistics truck driver William Chard submitted a union decertification petition backed by his coworkers in December 2022, seeking a vote to remove Teamsters Local 294 union officials. As opposed to sticking around and witnessing what would have likely been an embarrassing election loss, Local 294 officials filed paperwork ending their control over Chard and his coworkers just days after the petition’s filing.
Similarly, in October 2021, Teamsters Local 87 union officials avoided facing rejection from Juan Rivera and his coworkers at a Bakersfield, CA, XPO Logistics facility by disclaiming interest in the work unit shortly after Rivera filed a decertification petition. Because both Chard and Rivera hail from the non-Right to Work states of New York and California, decertification was the only way workers could remove both unwanted union “representation” and end union officials’ forced-dues demands.
“Teamsters officials have a well-earned reputation for seeking power, money, and political clout over looking out for employee interests, so it’s unsurprising to see so many workers seeking to exercise their rights to vote them out,” commented National Right to Work Foundation President Mark Mix. “But this trend goes even beyond the Teamsters, as employee attempts to decertify unions are spiking across the country.”
“Unfortunately, even as employees increasingly realize that their interests diverge from union boss agendas, Big Labor allies in the Biden Administration are seeking to make it harder than ever for workers to exercise their right to oust an unpopular union,” Mix added. “Foundation attorneys will continue to aid American workers in defending their individual rights, and will oppose attempts by Big Labor to rig the legal landscape against workers.”
NLRB Certifies Mankato Mayo Clinic Nurses’ Vote to Oust MNA Union Officials, Rejects Union Boss Attempt to Overturn Vote
Nurses now free of both unwanted union monopoly ‘representation’ and forced union fee demands
Mankato, MN (August 18, 2022) – Mayo Clinic nurses’ vote to oust unwanted Minnesota Nurses Association (MNA) union officials from their workplace has been certified by the National Labor Relations Board (NLRB), in a decision that also rejected two union objections to the election. The nurses voted 213-181 in July to remove the MNA as their monopoly “representative.” Union officials attempted to not only overturn the result, but to prohibit the workers from even holding another decertificiation vote.
Nurse Brittany Burgess filed a petition in June with Region 18 of the NLRB for more than 200 of her coworkers requesting the election. She did so with free legal aid from National Right to Work Foundation staff attorneys.
Minnesota is not a Right to Work state, meaning Burgess and the nurses voting in the election at Mayo Clinic had been forced to pay fees to MNA union bosses they opposed just to keep their jobs. Now that the NLRB has certified the “decertification election” results, the nurses are free of both union officials’ forced-fee demands and the union’s control over their terms and conditions of employment.
NLRB Ruling Rejects Union Boss Objections to Election Entirely
NLRB Region 18’s decision and order certifying the vote rejected both arguments from MNA union officials that the vote should be overturned. Union officials claimed a sample ballot circulated by workers opposed to the union didn’t contain legally-required disclaimers about the neutrality of the NLRB. The officials also made vague allegations that other conduct somehow improperly swayed the employees’ choice.
The NLRB election certification order explains that a reviewed photo of the sample ballot “clearly contains the disclaimer language.” The order also declares that the union’s objection to other conduct is not only too “nonspecific” to be meet the NLRB’s standards, but further states that the conduct it alludes to would not rise to the level of invalidating an employee vote anyway.
Though MNA union officials’ attempt to upend the Mayo Clinic vote was particularly vacuous, Burgess and her coworkers were guarded from even more arbitrary union delays thanks to Foundation-advocated reforms to union decertification rules adopted by the NLRB in 2020. Before the reforms, union officials could file “blocking charges” to stop a vote to oust a union from even commencing. Such charges often contained allegations of employer conduct that were both unproven and unrelated to the employees’ desire to get rid of the union.
Unfortunately, the Biden NLRB announced in June it was initiating rulemaking to overturn those reforms and make it easier for union officials to block decertification votes, no matter how many rank-and-file workers request a vote.
Foundation Assisting Nurses at Other MN Medical Facilities to Exercise Right to Vote Out Unions
National Right to Work Foundation staff attorneys have recently assisted other workers in numerous successful decertification efforts. Just this month, Foundation-backed workers at Mayo Clinic’s location in St. James, MN, removed American Federation of State, County and Municipal Employees (AFSCME) Council 65 from their hospital.
Foundation staff attorneys are also assisting nurses at four Cuyuna Regional Medical Center locations with obtaining a vote to remove Service Employees International Union (SEIU) bosses from their facilities. Because the NLRB has made the decertification process unnecessarily complicated, workers often need to turn to Foundation attorneys for free legal aid in navigating the process.
“These nurses worked hard to exercise their right to remove a union they didn’t feel represented their interests, and Foundation staff attorneys were happy to help them,” commented National Right to Work Foundation President Mark Mix. “MNA union officials’ arbitrary attempt to block the certification of the nurses’ will demonstrates the ridiculous charades union officials often pull just to keep siphoning money from workers who don’t want them anymore.”
“The situation also puts into stark relief the risk the Biden NLRB is putting independent-minded workers in by attempting to reverse the recent Election Protection reforms. Eliminating the reforms will make it easier for union bosses to trap workers in forced-dues union ranks, even when a majority of workers oppose the union’s so-called ‘representation,’” Mix added.
Anaheim Assa Abloy Worker Seeks Federal Court Order Against IBEW Union for Instigating Illegal Termination
Federal law prohibits conditioning employment on union membership, yet IBEW bosses demanded firing after worker refrained from joining union
Los Angeles, CA (June 16, 2023) – An Anaheim-based employee of automated door manufacturer Assa Abloy is hitting the International Brotherhood of Electrical Workers (IBEW) Local 441 union and his employer with federal charges, maintaining that union officials unlawfully instigated his firing because he abstained from union membership. The worker, Jaime Zambrano, filed his charges at National Labor Relations Board (NLRB) Region 21 in Los Angeles with free legal aid from the National Right to Work Legal Defense Foundation.
California’s lack of Right to Work protections grants union officials the power to get workers fired for refusing to pay dues or fees to the union. However, the National Labor Relations Act (NLRA) forbids union officials from conditioning employment on formal union membership, even in non-Right to Work states. Zambrano maintains that, despite his paying the required amount of union dues to stay employed, Assa Abloy management terminated him at union officials’ behest after he didn’t fill out a union membership form.
Zambrano’s charge also seeks his immediate reinstatement via a 10(j) injunction against both his employer and the union. Under Section 10(j) of the NLRA, the NLRB General Counsel can seek a federal court order immediately stopping particularly egregious violations of federal law.
IBEW Union Officials Made Illegal Membership Demand, Gave Worker No Timeline
Zambrano began paying union dues to the IBEW union in September of 2022. In the spring of 2023, union officials sent him paperwork, including a union membership form. No indication was given of when union officials expected the paperwork to be completed and returned.
Zambrano discovered in late May that Assa Abloy officials were terminating him at IBEW bosses’ request because they had not received the membership form from him. While firing a worker for refraining from union membership is a clear infringement of federal labor law, Zambrano’s charge also says that union officials’ not providing him a timeline of when the paperwork should be completed is a “fail[ure] to comply with the requirements of Philadelphia Sheraton,” an NLRB case that requires union officials to inform workers of exactly what their obligations are.
“Because of these egregious and bad-faith acts, the Charging Party demands that the General Counsel seek 10(j) relief seeking his reinstatement,” reads Zambrano’s charge.
“IBEW union officials are playing outrageous games with Mr. Zambrano’s livelihood and potentially the livelihoods of many other workers who simply don’t want to affiliate with the IBEW,” commented National Right to Work Foundation President Mark Mix. “Getting a worker thrown off a job merely for refusal to join a union is a violation of black letter federal labor law – union officials who can’t get workers to join voluntarily certainly shouldn’t be able to compel such membership by threatening to upend the careers of those who dissent from the union.”
“But even if IBEW officials were acting fully within the bounds of California and federal labor law, Mr. Zambrano would still be forced to pay dues to the union just to keep his job because of California’s lack of a Right to Work law,” Mix added. “This kind of forced association has no place in America, and all American workers deserve Right to Work protections that ensure that union membership and all union financial support are strictly voluntary.”
National Right to Work Foundation Celebrates Third Anniversary of Janus Ruling Protecting Public Employees from Forced Union Dues
Foundation continues to assist workers fighting union boss violations of landmark First Amendment Supreme Court decision
Washington, DC (June 25, 2021) – Three years ago, the Supreme Court issued its decision in the landmark Janus v. AFSCME case, holding that it is unconstitutional to force public sector workers to pay money to a union as a condition of employment. In that case the plaintiff, Mark Janus, was represented by veteran National Right to Work Legal Defense Foundation staff attorney William Messenger, who presented oral arguments before the High Court in February 2018.
Foundation President Mark Mix issued the following statement to commemorate the decision’s three year anniversary on June 27:
“Today we celebrate a victory for public sector workers across the country. In Janus v. AFSCME, the Supreme Court affirmed that it is unconstitutional to force public sector workers to pay money to unions just to keep their jobs. The Court held that public sector union officials cannot take workers’ money without first obtaining their affirmative consent. For decades, union bosses hadn’t bothered to get workers’ consent, taking money even from those who object to unions and their efforts to influence public policy.
Yet, despite the High Court’s clear ruling, even three years later, Big Labor continues the widespread violation of workers’ First Amendment Janus rights.
From coast-to-coast, union bosses and their allies in state and local government have enacted policies to trap workers into forced dues by declaring that workers can only stop paying dues during an ‘escape period’ that often lasts only a few days each year. These policies turn the Constitution on its head, by claiming that so long as you permit someone to exercise their First Amendment rights for a brief designated time, you can deliberately deny those rights the rest of the year.
This blatant violation of the law is frustrating, but it’s what you’d expect when Big Labor spends billions in members’ dues money lobbying the government and hiring an army of lawyers to argue against workers’ rights in court. Luckily, the National Right to Work Foundation is fighting back for independent-minded workers.
Foundation attorneys successfully defeated several union boss ‘escape period’ schemes, including one that affected nearly 30,000 Ohio public employees. But we haven’t stopped there, the Foundation now has 14 active cases challenging ‘escape periods,’ including two cases for teachers in New Jersey and Chicago that have been appealed to the Supreme Court. If either of these cases ends in another Foundation Supreme Court victory, it would eliminate ‘escape period’ schemes across the country and further solidify the groundbreaking protections won for public sector workers in the Janus case. Though union bosses will continue to resist, the Foundation will not stop fighting until the First Amendment rights of every worker in America are honored.”
Workers Sweep to Victory: Laborers Union Bosses Flee to Avoid Worker Decertification Vote to Remove Union
Decatur EnviroServe industrial cleaning workers are finally free from unwanted union “representation”
Decatur, IL (June 20, 2023) – Jerry Guzzie and his coworkers at the industrial cleaning company EnviroServe in Decatur, Illinois have succeeded in their effort to free themselves from unwanted Laborers Union officials’ so-called “representation.”
On May 30, Guzzie filed a decertification petition with the National Labor Relations Board (NLRB) seeking a vote to remove Southern and Central Illinois Laborers’ Local 159, an affiliate of Laborers’ International, AFL-CIO.
The decertification petition was filed with the NLRB Region 25 office with free legal aid from the National Right to Work Legal Defense Foundation and asked for a vote to be held on June 20. However, before the decertification election could take place, union officials disclaimed interest in the bargaining unit to avoid facing removal by the workers. Guzzie filed the decertification petition for all service and maintenance employees at the facility.
Under federal law, when the required number of workers in a bargaining unit sign a petition seeking the removal of union officials’ monopoly bargaining powers, an NLRB-conducted secret ballot vote whether to remove the union is triggered. If a majority of workers cast ballots against the union, the union is stripped of its government-granted monopoly “representation” powers.
In this case, union officials apparently knew they lacked the support to stay in power, so rather than contest the vote they just conceded defeat and walked away.
“We’re glad to finally be free of the union. They saw the writing on the wall and knew how unwelcome they were at EnviroServe,” Guzzie commented. “I couldn’t have done this without the National Right to Work Foundation supporting me and my coworkers.”
“Union officials knew they were unwanted in the workplace, so rather than face workers in an election, they disclaimed interest and ran,” said National Right to Work Foundation President Mark Mix. “Workers everywhere should know they can turn to the National Right to Work Foundation for free legal aid to help enforce their rights and remove unwanted union officials from their workplace.”
Majority of Mankato Mayo Clinic Support Employees Vote to Remove AFSCME Union Officials
Nursing support staff and others in 186-person unit vote to remove AFSCME union following nurses’ vote to remove MNA union last summer
Mankato, MN (June 19, 2023) – A majority of nursing support staff, clerical staff, and environmental staff at Mankato Mayo Clinic have voted to remove American Federation of State, County, and Municipal Employees (AFSCME) Local 1856 union officials from power at the hospital. The effort was spearheaded by Mankato Mayo employee Melody Morris, who submitted a petition on May 9 asking the National Labor Relations Board (NLRB) to hold a union “decertification vote” at the facility. This petition was also supported by the majority of her coworkers.
Morris received free legal aid from the National Right to Work Legal Defense Foundation in submitting the petition. The successful union ouster comes less than a year after nurses at Mankato Mayo clinic voted to send Minnesota Nurses Association (MNA) union officials packing from the hospital.
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.
“My colleagues and I want to provide the best support we can to the medical staff at Mankato Mayo Clinic Hospital, and we determined that having AFSCME in the workplace wasn’t helping us do so, nor was the union looking out for our interests,” commented Morris. “I’m grateful that we came together to free ourselves from the union, and we’re also grateful for the help of the National Right to Work Foundation in helping us accomplish this.”
Mankato Mayo Clinic Support Staff Remove AFSCME Amid Wave of Decertifications Across MN and Country
Morris and her colleagues’ successful union decertification vote comes as a growing number of Minnesota healthcare employees attempt to exercise their right to vote out unwanted union officials. 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. Even amid these efforts, 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.”
Interest in decertifying unions is also increasing among Starbucks workers. Just a year after union bosses and union-allied politicians heavily lauded successful unionization campaigns at the coffee chain, Starbucks workers are already attempting to kick out Service Employees International Union (SEIU)-aligned union officials. This includes Foundation-backed efforts at Starbucks locations in Buffalo, NY, and Manhattan, NY, both of which were the targets of high-profile unionization pushes in 2022.
“It’s easy to see why workers across the country are increasingly trying to free themselves from monopoly union ‘representation.’ Workers who prefer to speak for themselves or have interests that deviate from the union’s are all forced to accept the monolithic voice of union officials, who often chase politics or other superficial goals instead of doing what’s best for workers,” commented National Right to Work Foundation President Mark Mix. “Minnesota healthcare workers may additionally be concerned that union boss-ordered strikes might force them to choose between staying with their patients or following the union agenda.”
“Any worker, public or private, who is 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.
Foundation-Backed NLRB Rules Make It Easier for Workers to Vote Out Unwanted Unions
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.”
Full Foundation Action March/April 2023 Newsletter Now Online
All articles from the March/April issue of Foundation Action are now on the website.
In this issue:
- San Francisco Security Officer Battles Illegal SEIU Union Boss Discrimination
- With Foundation Aid, Mayo Clinic Nurses Defeat Forced Union Dues Requirement
- Northwest Ohio Employees File Suit to Knock Down Another Janus Restriction
- Illinois Security Officer Defends Janus Rights Amidst Union Discrimination
- Mark Mix’s Fox News Op-Ed: “Union bosses get away with things you or I wouldn’t. Supreme Court should roll back special privileges”
Recent articles can be found here. To sign up for a free copy of the newsletter via mail please see the form at the bottom of this page.
San Diego Gompers Preparatory Academy Charter School Educators Vote Out SDEA Union
Gompers teachers sought to remove union as early as 2019, but union bosses stymied last attempt with unproven allegations and pressure from elected officials
San Diego, CA (June 8, 2023) – Teachers at Gompers Preparatory Academy, a public charter school in the Chollas View neighborhood of San Diego, have successfully voted to remove San Diego Education Association (SDEA) union bosses from the school. The educators received free legal aid from National Right to Work Foundation staff attorneys.
While Gompers teachers have been seeking to exercise their right to free themselves from the SDEA union’s control as early as 2019, the current effort began in March 2023 after a majority of Gompers educators signed a petition asking the California Public Employment Relations Board (PERB) to hold an employee vote on whether to oust the union (known as a “union decertification vote”). After collecting ballots from Gompers educators from May 10 to June 6, PERB yesterday announced a majority of teachers voted to remove the union.
Union Tactics Delayed Earlier Efforts to Vote Out Unwanted Union
The initial union decertification effort took place not long after SDEA officials gained power at the school in January 2019 via “card check,” a process that bypasses the traditional secret-ballot vote system to install a union. 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, so many teachers and parents viewed the reinstallation of union monopoly power at the school with suspicion. Some accused SDEA agents of actively sowing division at the school, including by supporting anti-charter school legislation and needlessly disparaging the school’s leadership.
Gompers teachers’ first effort to eliminate the SDEA union stemmed from an October 2019 petition that had the backing of the requisite number of teachers to prompt the PERB to hold a decertification vote. However, SDEA union bosses attempted to avert the election by filing so-called “blocking charges” containing allegations of employer misconduct.
Union officials often manipulate “blocking charges” at the PERB and other state and federal labor relations agencies to stifle worker attempts to eliminate unpopular union “representation.” Despite the PERB never holding a hearing into whether SDEA union bosses’ claims had any merit or whether they were related to the workers’ dissatisfaction with the union, PERB officials denied a decertification election to Gompers educators in October 2020.
Foundation attorneys’ case defending the first petition to remove SDEA union agents from the school also sought to overturn PERB Regulation 32752, which requires PERB agents and attorneys to accept union bosses’ “blocking charge” allegations as true – a stipulation almost guaranteeing union defeat of any worker attempt to vote a union out.
“I chose to work at a school that didn’t have a union and now they’ve come in and they’re running everything about my contract and my work,” Kristie Chiscano, then a Gompers chemistry teacher and proponent of the decertification effort, said at the time.
Union Agents Targeted Teachers Who Led Effort to Vote Out Union
Even worse, shortly after the PERB’s ruling halting the original decertification effort, Chiscano and another Gompers educator filed charges maintaining that SDEA agents targeted them on social media for opposing the union hierarchy. California law makes it illegal for union officials to intimidate or retaliate against employees who exercise their right to refrain from union membership.
Union boss-aligned state legislators even chimed in to pressure Gompers management to give in to union demands. In a letter to Gompers management, then-Assemblywoman Lorena Gonzalez (now an AFL-CIO president) attacked the National Right to Work Foundation for simply providing legal aid to Gompers educators as they sought to exercise their right to hold a decertification election. Gonzalez was best known during her tenure for authoring AB5, a California law that drastically reduced opportunities for freelance workers and independent contractors across the state.
Teachers’ Union Decertification Efforts Expose Massive Power of California Public Sector Unions
Gompers educators submitted the March 2023 petition at the earliest time permitted by California labor regulations, which immunize union officials from employee-led decertification efforts for all but a tiny window while union contracts are active. Now, nearly four years after their original effort began, Gompers educators have finally voted to free themselves from union control. Gompers teachers and Foundation attorneys are still prepared to fight any objections the union files in an attempt to throw out the result.
“Gompers educators witnessed that SDEA union officials were not acting in the best interests of the students or the school community at large, and fought courageously for years to bring back the independent environment that made Gompers a success,” commented National Right to Work Foundation President Mark Mix. “While we at the Foundation are proud to have helped them win the fight, the hardship these teachers faced just to vote out a union they disapproved of should raise serious questions about union officials’ privileges under California law.”
“Gompers teachers endured years of legal roadblocks just to exercise their rights, and that’s to say nothing of the retaliation they faced from union officials and even pressure from union-label policymakers,” Mix added. “No special interest group in California, or in America, should wield this kind of power over teachers and the public education system.”
National Right to Work Foundation Blasts FLRA Ruling Trapping Blue Ridge Parkway Employees in Union
FLRA merged two work units at union officials’ behest with no worker input, now cites merger to deny worker request for vote to remove union
Washington, DC (June 6, 2023) – The National Right to Work Foundation today blasted a Federal Labor Relations Authority (FLRA) ruling barring a group of National Park Service (NPS) employees from exercising their right to vote American Federation of Government Employees (AFGE) union officials out of power at their workplace. The FLRA dubiously cited its top-down “merger” of two preexisting work units of NPS employees into one unit as a reason for why the vote shouldn’t proceed.
The affected employees are Blue Ridge Parkway employee Lauren Labrie and her coworkers, who in 2021 backed a petition with enough employee support to prompt the FLRA to hold an election on whether to oust AFGE union officials. Labrie and her colleagues are receiving free legal aid from the Foundation.
National Right to Work Foundation President Mark Mix criticized the FLRA’s ruling:
“The Biden FLRA has abandoned all pretense of defending employees’ right to freely choose who will speak for them in the workplace with this ruling. Instead of just allowing Blue Ridge Parkway workers to vote on whether they support AFGE, the FLRA has effectively announced to all federal employees that agency bureaucrats can shield union bosses from workers’ will by merging multiple units of employees.
“This is another attempt by Biden Administration officials to expand the influence and power of their political allies within federal and other government unions, all to the detriment of rank-and-file workers who want to exercise their individual rights. Every individual worker should get to decide for him or herself whether or not to affiliate with a union – not have federal bureaucrats thrust union bosses’ so-called ‘representation’ on them against their will, and without even the ability to hold a prompt vote to remove an unwanted union.”
FLRA “Consolidated” Units at Union Behest, Then Stopped Workers from Voting on Union
AFGE union officials petitioned to consolidate Labrie’s work unit and another unit of NPS employees in 2021. A regional FLRA official approved the move in September 2021, without giving employees an opportunity to vote on whether they actually wanted the merger.
Labrie and her coworkers submitted their petition to decertify the union in December 2021. A regional FLRA official dismissed the petition in March 2022, claiming it was blocked by a 12-month “certification bar” stemming from the top-down consolidation of the work units, and that the Federal Service Labor-Management Relations Statute permits such a restriction.
Park Employee’s Brief: Blocking Election Stifles Employees’ Free Choice Rights
After requesting review from the FLRA in Washington, Foundation attorneys argued in a brief that applying a bar to employee-requested elections after agency-imposed unit consolidations violates federal employees’ free choice rights, which the Federal Service Labor-Management Relations Statute was meant to protect.
“In passing the Statute, Congress’ intent was to promote secret ballot elections and employees’ freedom to choose their representative under the Statute,” the brief said. “Not allowing employees to exercise their free choice because the Authority administratively combined two bargaining units undermines Congress’ goal of promoting the right of employees to select their own agent.”
Despite there being no precedent or statutory authorization for blocking employee-requested decertification elections after a top-down unit consolidation, the FLRA in Washington issued a May 2023 decision relying on its own “discretion to regulate representation proceedings” and ruled that a “certification bar” blocked Labrie and her coworkers’ requested vote.
National Right to Work Foundation staff attorneys are determining the next steps for Labrie and her coworkers. While, according to the FLRA, Labrie and her coworkers can currently be forced to accept the “representation” of AFGE officials, they and all public sector American employees have a First Amendment right under the Foundation-won 2018 Janus v. AFSCME Supreme Court decision to cut off financial support to a union they oppose.
CUNY Professors’ Lawsuit Challenging Forced Association with Antisemitism-Linked Union Continues at Second Circuit
City University professors challenge NY law that forces them to be represented by hostile union hierarchy
New York, NY (June 5, 2023) – Six City University of New York (CUNY) professors have taken their federal civil rights lawsuit against Professional Staff Congress (PSC) union officials to the Second Circuit Court of Appeals. The professors, Avraham Goldstein, Michael Goldstein, Frimette Kass-Shraibman, Mitchell Langbert, Jeffrey Lax, and Maria Pagano, charge PSC union bosses with violating the First Amendment by forcing them to accept the union’s monopoly control and “representation” – “representation” the professors not only oppose, but find extremely offensive and in contradiction to their personal beliefs.
The professors, five of whom are Jewish, are receiving free legal aid from the National Right to Work Foundation and The Fairness Center. They seek to overturn New York State’s “Taylor Law,” which grants public sector union bosses the power to speak and contract for workers, including those that want nothing to do with the union. In addition to opposing the union’s extreme ideology, the professors oppose being forced into a “bargaining unit” of instructional staff who share the union’s beliefs or have employment interests diverging from their own.
The professors’ opening brief at the Second Circuit argues that a lower court’s reliance on the U.S. Supreme Court’s 1984 decision in Minnesota State Board for Community Colleges v. Knight was misguided. Knight, the brief states, dealt primarily with public employees’ ability to participate in union meetings and not with the professors’ legal argument that being forced to accept the bargaining power and “representation” of union officials is a violation of First Amendment free association rights.
The brief also maintains that the Supreme Court in the 2018 Foundation-won Janus v. AFSCME Supreme Court decision acknowledged that public sector monopoly bargaining is “a significant impingement on associational freedoms.” Other Supreme Court decisions as early as 1944 also recognized problems with monopoly bargaining, the brief notes, including the Steele v. Louisville & Nashville Railway Co. decision, in which African-American railway workers challenged a rail union’s racially discriminatory hiring and promotion policies.
“If the First Amendment prohibits anything, it prohibits the government from dictating who speaks for citizens in their relations with the government,” reads the brief. “The State Appellees and CUNY thus necessarily infringe on the Professors’ speech and associational rights by forcing them to accept a hostile political group, which they view as anti-Semitic, as their exclusive agent for speaking and contracting with their government employer.”
Lawsuit: Professors Compelled to Associate with Union Even After Bullying and Threats
The professors’ original complaint recounted that several of the professors chose to dissociate from PSC based on a June 2021 union resolution that they viewed as “anti-Semitic, anti-Jewish, and anti-Israel,” and a host of other discriminatory actions perpetrated by union agents and adherents.
The complaint said Prof. Michael Goldstein “experienced anti-Semitic and anti-Zionist attacks from members of PSC, including what he sees as bullying, harassment, destruction of property, calls for him to be fired, organization of student attacks against him, and threats against him and his family.” Goldstein has needed a guard to accompany him on campus, the complaint noted.
Prof. Lax, the complaint explained, already received in a separate case a letter of determination from the Equal Employment Opportunity Commission (EEOC) “that CUNY and PSC leaders discriminated against him, retaliated against him, and subjected him to a hostile work environment on the basis of religion.” Prof. Lax “has felt marginalized and ostracized by PSC because the union has made it clear that Jews who support the Jewish homeland, the State of Israel, are not welcome,” said the complaint.
Suit Seeks Overturn of New York State Law Forcing Union Power on Professors & Damages
The lawsuit seeks to stop the defendants from “certifying or recognizing PSC, or any other union, as Plaintiffs’ exclusive representative without their consent” and “enforcing any provisions…that require Plaintiffs to provide financial support to PSC.” It also demands that the court declare “Section 204 of the Taylor Law…unconstitutional under the First Amendment to the United States Constitution to the extent that it requires or authorizes PSC to be Plaintiffs’ exclusive representative…”
“No American worker should be forced to associate with union officials and union members that openly denigrate their identities and deeply-held beliefs,” commented National Right to Work Foundation President Mark Mix. “Yet, New York State’s Taylor Law grants union officials the power to force dissenting workers under the ‘exclusive representation’ of a union hierarchy. As these CUNY professors have experienced, granting union officials the power to nullify public employees’ free association rights in this way breeds serious harm and discord among employees.”
“Not just in Janus v. AFSCME, but in decisions going back decades, the Supreme Court has questioned the constitutionality of union monopoly bargaining,” Mix added. “Federal courts must take action to ensure that government employees can freely exercise their right to dissociate from an unwanted union for religious, cultural, financial, or any other reasons.”
“Our clients want to vindicate their First Amendment rights and win their independence from a union they believe hates them,” commented Fairness Center President and General Counsel Nathan McGrath. “If successful, their lawsuit could transform the relationship between public-sector unions and employees in New York and, potentially, beyond.”
