National Right to Work Foundation Files SCOTUS Brief Defending Alaska’s Protections Against Forced Union Dues
Alaska facing ASEA union lawsuit over arrangement which requires union bosses to obtain affirmative consent from employees before deducting dues
Washington, DC (September 29, 2023) – Today, the National Right to Work Legal Defense Foundation filed an amicus brief with the U.S. Supreme Court in the case Alaska v. Alaska State Employees Association. The brief supports the State of Alaska’s attempt to safeguard public sector workers’ First Amendment right to refrain from paying dues to a union they disapprove of. This right was first recognized in the Janus v. AFSCME Supreme Court decision, which was successfully argued at the High Court by Foundation Legal Director William Messenger.
In the 2018 Janus decision, the Supreme Court held that the First Amendment protects public sector employees from being forced to pay union dues as a condition of getting or keeping a job. The High Court further recognized that unions must obtain a worker’s freely given waiver of his or her Janus rights before deducting union dues or fees from his or her paycheck.
In an attempt to ensure his state wasn’t violating its employees’ constitutional rights, Alaska Gov. Mike Dunleavy issued an executive order to protect workers’ Janus rights: The order requires the state to obtain consent from workers each year to deduct union dues from their paychecks. This arrangement ensures that the “freely given consent” element of Janus is satisfied, while also preventing union bosses from continuing to deduct money from a worker’s wages based on a “yes” given years ago.
However, Alaska State Employees Association (ASEA) union bosses sued the State of Alaska over its Janus protections, and were able to get the state’s highest court to block the arrangement. Even worse, as Foundation staff attorneys point out in the amicus brief, “five Circuit Courts have now held that states and unions can constitutionally seize payments for union speech from dissenting employees without proof they waived their constitutional rights.”
Amicus Brief: Lower Courts and States Are Letting Unions Seize Dues Without Workers’ Consent
The Foundation’s amicus brief maintains that, after the Janus decision, at least seventeen states either “amended their dues deduction laws…to require government employers to enforce restrictions on when employees can stop payroll deductions of union dues,” or “enforced restrictions on stopping payroll deductions under preexisting state laws.” Both lead to unacceptable restraints on public sector workers’ Janus rights, the amicus brief argues.
The amicus brief further contends that lower courts, especially the Ninth Circuit, have misinterpreted Janus to not require public employers to notify public workers of their Janus rights before collecting dues, which dips below the “waiver” standard mandated by the decision. Additionally, the amicus brief points out that the Ninth Circuit has issued decisions that free public employers from any obligation to prove that union bosses obtained authentic consent from workers before dues are taken from their wages.
“Unless the Court grants review and breathes new life into Janus’ waiver requirement, unions and their government allies will continue to severely restrict the right of millions of employees to stop subsidizing union speech,” the amicus brief concludes. “The Court should not tolerate this resistance to its holding in Janus.”
“Public sector union bosses, who prize their own dues-funded political influence far above the individual rights of the employees they claim to ‘represent,’ have tried everything in their power to dodge the Janus ruling and keep siphoning money from workers,” commented National Right to Work Foundation Vice President Patrick Semmens. “The Supreme Court has an opportunity in the State of Alaska’s case to set the record straight and ensure that workers’ free association rights can’t simply be molded according to their own schemes.”
NJ Medieval Times Employees Appeal to National Labor Relations Board in Ongoing Joust with Union Officials
Majority of Lyndhurst Medieval Times cast members signed petition asking Labor Board for election to remove union, but union is stalling vote
Newark, NJ (September 21, 2023) – Artemisia Morley, a cast member at the Lyndhurst, NJ, location of Medieval Times, has submitted a Request for Review to the National Labor Relations Board (NLRB) in Washington, D.C., defending her and her coworkers’ right to vote unwanted officials of the American Guild of Variety Artists (AGVA) union out of the workplace. Morley is receiving free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
Morley’s Request for Review challenges NLRB Region 22’s hurried dismissal of a petition she filed on behalf of her coworkers seeking an election to remove the AGVA union (also known as a “decertification election”). Her petition contained the signatures of a strong majority of her coworkers, but the Regional Director dismissed it “without any hearing, and without citing any evidence that there was a ‘causal nexus’ between the Employees’ disaffection from the Union” and unproven allegations that union officials had levied against the employer.
Because New Jersey lacks Right to Work protections for its private sector workers, AGVA union officials have the power to force Morley and her coworkers to pay union fees as a condition of keeping their jobs. In contrast, in states with Right to Work laws, union bosses can’t enter agreements with employers that force employees to fork over a portion of their paychecks to the union just to get or keep a job.
“Secretive” and “Self-Interested” AGVA Union Officials Tried to Stifle Worker-Requested Vote
The Request for Review notes that AGVA union officials were “secretive, self-interested, and divisive,” and “regularly advocated that the [Medieval Times] employees go on strike, something that had no support among the unit employees.” After waiting out the statutory one-year bar on union elections that follows a union’s certification, Morley filed the petition requesting a union decertification vote.
According to the Request for Review, instead of processing the petition as NLRB rules dictate, NLRB Region 22 issued a complaint against the employer and dismissed Morley’s petition based on unproven “blocking charges” AGVA union officials filed against Medieval Times management. The Request for Review argues that the hasty dismissal violated NLRB election rules, the Administrative Procedure Act, and well-established NLRB precedent requiring a hearing to demonstrate whether union allegations of employer misconduct actually caused employee discontent with the union.
“None of the alleged unfair labor practice allegations…concern the Employees’ collection of the decertification signatures or the Employer’s domination of the Union. Thus…an election should be held and the votes immediately counted,” the Request for Review contends. “Even if the Board determined the allegations warranted consideration under [NLRB rules], its plain terms prohibit dismissing a petition prior to an election.”
Case May Be Used to Push Radical Agenda of Biden-Appointed NLRB General Counsel
In 2020, the NLRB adopted Foundation-backed reforms that made it less difficult for workers to eliminate an unwanted union. One reform pared back union officials’ ability to use “blocking charges” to stop worker-requested decertification elections from happening. The reform instead created a process in which charges surrounding an election are litigated after employees have gotten to exercise their right to vote. Instead of applying this rule, NLRB Region 22 dismissed Morley and her coworkers’ requested election.
The Request for Review notes that NLRB Region 22’s complaint, which incorporated AGVA union officials’ unproven allegations against the employer, does not appear designed to help workers “but rather to twist the law and facts beyond recognition in order to aid the current [NLRB] General Counsel’s ideological crusade to overturn decades of settled Board law about bargaining obligations and employer free speech.” Biden-appointed NLRB General Counsel Jennifer Abruzzo, a former union lawyer, has thrown her weight behind other recent cases to uproot longstanding NLRB precedent, often to give more power to union bosses at the expense of workers’ freedom.
“Aided by regional NLRB officials, AGVA union officials seem determined to send the individual rights of Medieval Times workers back to the Dark Ages,” commented National Right to Work Foundation President Mark Mix. “NLRB election rules clearly forbid union officials from using completely unproven charges of employer misconduct to derail workers’ ability to have a vote on whether they want continued union representation.”
“Federal labor law is supposed to protect the fundamental right of workers to freely decide who will speak for them in workplace matters, and Foundation staff attorneys will fight for Morley and her coworkers as AGVA bosses try to turn this commonsense principle on its head,” Mix added.
Piscataway L’Oreal Employees Demand Vote to Remove RWDSU Union Officials from Facility
RWDSU rejected twice by Alabama Amazon workers; union may soon also lose power over large unit of beauty company employees
Piscataway, NJ (September 19, 2023) – Employees of L’Oreal USA Products’ facility in Piscataway, NJ, have just filed a petition requesting a vote to remove Retail, Wholesale and Department Store Union (RWDSU-UFCW) Local 262 officials from power at their workplace. L’Oreal employee Ana Maria Hoyos Lopez submitted the petition to National Labor Relations Board (NLRB) Region 22 in Newark with free legal representation from National Right to Work Foundation staff attorneys.
Hoyos Lopez’s petition contains signatures from the required number of her coworkers to prompt the NLRB to hold a union decertification vote at the Piscataway facility. The work unit under the control of the RWDSU union is large (over 100 employees) and includes production workers, maintenance workers, truck drivers, and warehouse workers.
Because New Jersey lacks Right to Work protections for its private sector workers, RWDSU union officials have the power to force Hoyos Lopez and her coworkers to pay union fees as a condition of keeping their jobs. In contrast, in states with Right to Work laws, union bosses can’t enter agreements with employers that force employees to fork over a portion of their paychecks to the union just to get or keep a job.
“RWDSU union officials have spent a lot of time campaigning around our workplace, but they have not been standing up for me and my coworkers,” commented Hoyos Lopez. “My coworkers and I deserve a chance to exercise our right to vote the union out, and I’m confident we will decide to kick them out.”
Biden NLRB Planning New Restrictions on Workers’ Right to Vote Out Unwanted Union Officials
Hoyos Lopez and her colleagues’ effort comes as the Biden NLRB in Washington, D.C., is attempting to make it more difficult for employees to obtain votes to remove unwanted unions, while giving union officials more tools to gain power in a workplace without even a vote. The NLRB will soon issue a final rule overturning the Election Protection Rule, a Foundation-backed 2020 reform which made commonsense improvements to the decertification process.
The Election Protection Rule’s repeal, among other things, will grant union officials greater power to use so-called “blocking charges” to stop union decertification elections from happening. “Blocking charges” are often unverified allegations of employer misconduct that frequently have no relation or connection to workers’ desire to oust a union.
The repeal will also likely block workers from seeking a union decertification vote for a year after union bosses attempt to install themselves in a workplace via “card check.” The card check process lets union officials bypass the NLRB’s traditional secret ballot vote procedures and instead allege majority support by collecting union authorization cards directly from workers – often using coercive or intimidating tactics.
“It’s not particularly surprising that L’Oreal employees are seeking to oust RWDSU union bosses, who seem to have a penchant for ignoring workers’ will,” commented National Right to Work Foundation President Mark Mix. “RWDSU is still trying to impose itself on workers at the large Amazon facility in Bessemer, Alabama, despite those workers voting not once, but twice to reject the union’s presence.”
“Unfortunately, the Biden NLRB is trying to make it easier for union officials who seek to undermine worker votes to cling onto power, but Foundation attorneys will continue to defend Ms. Hoyos Lopez and any other employee who seeks to exercise their individual right to vote out unwanted union officials,” Mix added.
Wisconsin Spartek Workers Successfully Force Out UE Union Officials as Labor Board’s Policy Shift Looms
United Electrical union flees Spartek after majority of workers petition against union
Sparta, WI (September 14, 2023) – Employees from metal manufacturing company Spartek have prevailed in their effort to oust United Electrical Workers (UE) Local 1161 union officials from their facility. Following the workers’ submission of a petition asking National Labor Relations Board (NLRB) Region 18 to hold an election in the workplace on whether the union should be removed, UE union bosses sent a letter to Spartek management disclaiming interest in continuing their control over the workplace.
Spartek employee Carl Berg filed the petition with free legal aid from the National Right to Work Legal Defense Foundation. The petition, which contained signatures from the majority of Berg’s coworkers, exceeded the 30% threshold NLRB rules require to trigger a union decertification vote in a workplace.
Because Wisconsin is a state with Right to Work protections, union officials can’t force private sector employees like those at Spartek to join the union or pay union dues as a condition of getting or keeping a job. In contrast, non-Right to Work states like neighboring Illinois and Minnesota let union officials enter into agreements with employers that compel workers to pay dues as a condition of employment.
But even in Right to Work states, federal law grants union officials the power to impose their “representation” on all workers in a unit, even those who oppose the union or voted against its presence. However, workers can choose to exercise their right to decertify a union they disapprove of.
“UE union officials hadn’t really done anything for us. After making a bunch of promises, they barely showed their faces around the workplace,” commented Berg. “I filed the decertification petition because a majority of my coworkers wanted to remove the UE union, and the fact that the union disclaimed interest so fast probably speaks to the fact that the union officials knew they hadn’t been doing a good job.”
Biden NLRB Seeks to Further Burden Workers’ Right to Decertify Unwanted Unions
In 2020, the NLRB adopted Foundation-backed policy reforms that made the union decertification process less difficult for workers. The reforms, among other things, pared back union officials’ ability to use unverified allegations of employer wrongdoing (also known as “blocking charges”) to stall a worker-requested decertification vote. However, the Biden NLRB has announced that it will soon issue a rule overturning these commonsense reforms.
The repeal of the Election Protection Rule will also let union officials shut down worker attempts to obtain a secret ballot decertification vote for a year after union officials install themselves in a workplace via the so-called “card check” process. This move will be particularly dangerous to workers’ rights now that the Biden-appointed majority on the NLRB has voted to mandate card check recognition. Under the abuse-prone card check process, union officials bypass the NLRB’s traditional secret ballot vote procedures and instead use cards collected directly from workers – often through coercive or intimidating tactics – as “votes” for unionization.
“Workers across the country are successfully exercising their right to kick out unwanted union officials, especially with Foundation aid,” commented National Right to Work Foundation President Mark Mix. “This trend is a threat to the Biden Administration’s union boss political allies, and the Administration has been pursuing a radical agenda to trap workers under unions’ so-called ‘representation’ and increase the influence and dues revenue of its favorite special interest.”
“This agenda is toxic to workers’ individual rights, and Foundation staff attorneys will continue to assist workers in defending their right to decertify a union even amidst this legal and regulatory assault,” Mix added.
National Right to Work Foundation Issues Special Legal Notice to Employees of Big Three Automakers as UAW Brass Orders Strike
Foundation notifies employees that those wishing to continue working during a strike should resign their memberships before returning to work
Detroit, MI (September 12, 2023) – The National Right to Work Legal Defense Foundation has released a special legal notice to the thousands of autoworkers who may be impacted if United Auto Workers (UAW) union officials issue a strike order this week. UAW President Shawn Fain has threatened to order workers from Ford, General Motors, and Stellantis – the “Big 3” unionized American automakers – off the job if new contracts aren’t struck by Thursday, September 14.
The Foundation’s legal notice informs autoworkers of their rights, including their right to rebuff the strike order and to keep working to support their families as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“This situation raises serious concerns for autoworkers who may believe there is much to lose from a strike and who do not want to abandon their jobs,” the notice reads. “Autoworkers have the legal right to rebuff union officials’ strike demands, but it is important for them to know their rights before they do so.”
The full notice is available at https://www.nrtw.org/uaw/.
The notice outlines the process that autoworkers should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that UAW union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships at least one day before returning to work.
“The reason is that union officials can (and often do) levy heavy fines against union members who work during a strike,” the notice says.
Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract between UAW union officials and company management. The notice encourages employees to seek free legal aid from the Foundation if they experience union resistance as they attempt to exercise any of these rights.
“UAW union bosses have a long history of throwing workers under the bus while pursuing their own interests, something made clear by the federal corruption and embezzlement probe that resulted in many of the UAW’s top brass going to prison,” commented National Right to Work Foundation President Mark Mix. “Rank-and-file workers have good reason to wonder if Shawn Fain’s combative stance and apparent eagerness to initiate a strike is really what is best for them, their careers, and their families, or rather is yet another example of UAW bosses looking out for themselves and their personal ambitions to the detriment of those they claim to represent.”
“National Right to Work Foundation staff attorneys have successfully aided many UAW-controlled employees throughout the years, and are prepared to defend autoworkers from the union boss demands that often accompany a strike order,” added Mix.
Passaic, NJ, Woodworking Employees Win Two-Year Legal Battle to Oust Unwanted Carpenters Union Officials
Patella employees’ ordeal shows how union officials trap workers in unions they oppose, yet Biden NLRB is moving to make union decertification even harder
Passaic, NJ (September 8, 2023) – Following the third attempt by employees of Passaic-based woodworking firm Patella to obtain a vote to remove them, Carpenters Local 252 union officials have backed down and abandoned the facility. The union’s disclaimer of interest, received last week by National Labor Relations Board (NLRB) Region 22, caps off a years-long legal battle between Patella employees and recalcitrant Carpenters union officials. The workers ousted the union with free legal aid from staff attorneys at the National Right to Work Legal Defense Foundation.
Patella employee Steve Urso led the effort to vote out the union, which began in July 2021 with the filing of a petition requesting an NLRB-administered vote to decertify the Carpenters union. Union officials used unverified allegations of employer misconduct, also known as “blocking charges,” to derail attempts by Urso and his colleagues to oust the union. Urso filed the most recent decertification petition near the end of August 2023, and instead of seeking to continue their control over the clearly dissatisfied Patella workers, Carpenters union officials finally moved to leave the facility.
Because New Jersey lacks Right to Work protections for its private sector workers, Carpenters union officials had the power to force Urso and his coworkers to pay at least some union dues as a condition of keeping their jobs. In contrast, in states with Right to Work laws, union bosses can’t enter agreements with employers that force employees to fork over a portion of their paychecks to the union just to get or keep a job.
Carpenters Union Used Unproven Allegations Against Management to Block Employees from Voting
“Carpenters union bosses completely ignored our wishes for years, and apparently thought violating our rights and continuing to collect dues was better than simply letting us vote on whether we thought they deserved to stay,” Urso commented. “It’s extremely unfair that Carpenters officials were able to manipulate NLRB rules and processes for as long as they did to keep us trapped under union ‘representation’ that we opposed, but we didn’t give up and we’re glad we’re finally out.”
After Urso submitted the first employee-backed decertification petition in July 2021, an election did occur, but the ballots were never tallied after Carpenters officials filed “blocking charges” against the employer. Carpenters union bosses stopped a vote from occurring at all after Urso’s second attempt, again using “blocking charges.” Patella management settled the charges in February, but afterward Carpenters union officials did not request any bargaining sessions with the employer.
The Carpenters union’s disclaimer of interest followed Urso’s third petition. Now that the NLRB has certified the disclaimer, Urso and his colleagues are finally free of the unwanted union.
Biden NLRB Seeks to Empower Union Officials While Undermining Workers Who Seek Votes
Urso and his colleagues’ hard-fought victory comes as the Biden NLRB in Washington, D.C., is attempting to make it even more difficult for workers to obtain votes to remove unwanted unions, while giving union officials more tools to gain power in a workplace without a vote. The NLRB will soon issue a final rule overturning the Election Protection Rule, a Foundation-backed 2020 reform which made commonsense improvements to the decertification process.
The Rule’s repeal will grant union officials even greater power to use “blocking charges” to stop union decertification elections from happening. The repeal will also block workers from seeking a union decertification vote for a year after union bosses attempt to impose unionization by “card check.”
The card check process lets union officials bypass the NLRB’s traditional secret ballot vote procedures and instead allege majority support by collecting union authorization cards directly from workers – often using coercive or intimidating tactics. Foundation attorneys are currently aiding a group of paramedics and EMTs in Sonora and Groveland, California, who were unionized by card check only to vote to remove Steelworkers union bosses a few months later.
“Instead of defending the individual rights of workers across the country who are seeking to vote out union officials they oppose, the Biden NLRB is instead trying to make it harder than ever for workers to obtain an election,” commented National Right to Work Foundation President Mark Mix. “As Mr. Urso, his colleagues, and countless other workers can attest, the NLRB process for workers to remove a union they oppose is already far too difficult.”
“The Biden NLRB’s continued moves to stifle worker decertification efforts demonstrate yet again that they and their union boss allies are focused on gaining greater control over workers and their pocketbooks – not on employees’ freedom of association,” added Mix.
National Right to Work Foundation Issues Special Legal Notice to Infinity Healthcare Employees Amid SEIU Strike Threat
Foundation warns workers that those wishing to continue caring for patients during a strike should resign their memberships before returning to work
Chicago, IL (September 2, 2023) – The National Right to Work Legal Defense Foundation has issued a special legal notice to the approximately 1,000 Illinois nursing home workers who may be impacted by Service Employees’ International Union (SEIU)-Healthcare Illinois union officials’ planned strike order. If SEIU officials order the strike, employees from 11 Infinity Healthcare nursing facilities in the Chicago area will be ordered off the job.
The legal notice informs Infinity Healthcare workers of their rights, including their right to not abandon their patients and to keep working despite the union-ordered strike. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“This situation raises serious concerns for healthcare employees who believe there is much to lose from a union boss-ordered strike,” the notice reads. “Employees have the legal right to rebuff union officials’ strike demands, but it is important for them to be fully informed before they do so.”
The full notice is available at www.nrtw.org/infinity
The notice outlines the process that Infinity Healthcare workers should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that SEIU union officials have no disciplinary power over workers who are not union members, and advises Infinity Healthcare employees who wish to work during the strike to resign their memberships at least one day before returning to work.
“That is the best way to avoid potential union fines and other discipline,” the notice says.
Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract with the nursing home company. The notice encourages employees to seek free legal aid from the Foundation if they experience union resistance as they attempt to exercise any of these rights.
“Infinity Healthcare employees are likely aware of the impact this strike may have on the Chicago senior population, and may rightfully question whether the upcoming union-ordered strike is really best for employees, their families, and their patients,” commented National Right to Work Foundation President Mark Mix. “Infinity Healthcare employees should know they unequivocally have the right to reject union strike orders and continue to care for those in need.”
“Any nursing facility employee who wants to exercise her or her right to rebuff SEIU union officials’ sweeping strike order should immediately contact the Foundation for free legal aid should SEIU bosses violate their legal rights,” added Mix.
Philly Good Karma Café Employees Will Soon Vote on Whether to Boot Out Workers United Union Officials
Workers United has been targeted for removal by Starbucks and other coffee employees across country; vote slated for September 7
Philadelphia, PA (August 23, 2023) – Employees at two locations of Good Karma Café, an independent Philadelphia-based coffee shop, are requesting a vote to end the Workers United union’s monopoly bargaining power over workers. Good Karma employee Marco Camponeschi submitted a petition backed by his coworkers to the National Labor Relations Board (NLRB) Region 4 in Philadelphia with free legal aid from the National Right to Work Foundation.
Camponeschi’s petition contained signatures from enough Good Karma workers to trigger a vote to remove the union (or “decertification election”) under the NLRB’s rules. NLRB Region 4 this week scheduled the election to take place on Thursday, September 7, at Good Karma’s locations on 331 S. 22nd Street and 265 S. Broad Street in Philadelphia.
Because Pennsylvania lacks Right to Work protections for its private sector employees, Workers United union officials have the power to enter into an agreement that will compel Camponeschi and his coworkers to pay money to the union hierarchy as a condition of keeping their jobs. In contrast, in states with Right to Work laws, union membership and all union financial support are strictly voluntary and the choice of each individual worker.
The Good Karma employees’ election comes as coffee employees across the country are seeking votes to remove unwanted unions from their workplaces, most notably at Starbucks. Workers United is the same union that is waging an aggressive and high-profile unionization campaign on Starbucks, bolstered by the money and resources of the gigantic Service Employees International Union (SEIU). The New York Post reported in July that Workers United spent nearly $2.5 million on hiring “salts” and other union activists. “Salts” are covert union agents who obtain jobs at nonunion firms to agitate in favor of union control, and often quit soon after the union is installed.
“After the Workers United union was installed, there was a lot of employee turnover and we soon found ourselves very short-staffed,” Camponeschi commented. “Workers United union officials have been bad for the stability of Good Karma and have not stood up for the interests of me and my coworkers, and I’m sure that a majority of my coworkers will vote to move forward without their presence.”
Coffee Employees Nationwide Seek Foundation Aid in Exercising Right to Remove Unwanted Unions
In just the past few months, Starbucks employees in Manhattan, NY, Buffalo, NY, Pittsburgh, PA, Bloomington, MN, Salt Lake City, UT, and Greenville, SC, have all sought free Foundation legal aid in pursuing decertification efforts against Workers United union bosses at the NLRB. Foundation attorneys also assisted Seattle-based Storyville Coffee Company employees in a decertification effort against United Food and Commercial Workers (UFCW) union officials in July, but UFCW bosses disclaimed interest in the unit before an election could occur, likely to avoid an unfavorable election result.
The flurry of decertification attempts at Starbucks is occurring roughly one year after Workers United union officials unionized many of the coffee chain’s employees. Workers United union officials also gained power at Good Karma last April. Federal labor law forbids workers from decertifying a union for a year after a union’s installation, meaning many coffee workers are seizing on the earliest possible opportunity to rid themselves of the Workers United union’s “representation.”
Outside of coffee shops, union decertification efforts are becoming much more common. 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.
“Workers United union officials seem to have a penchant for rapidly expanding their control over employees without regard for their interests,” commented National Right to Work Foundation President Mark Mix. “It is thus unsurprising that coffee employees nationwide are banding together to vote Workers United out.”
“While we’re glad the NLRB plans to hold an election for Good Karma employees, it should be noted that NLRB officials across the country are blocking Starbucks employees from exercising that same right at the behest of Workers United union officials,” Mix added. “Workers should be in charge of their own right to vote out unwanted unions, and the NLRB should not stifle that right according to union officials’ whims. That’s especially important as the Biden NLRB seeks to make several rule changes which will make it harder for workers to vote out union officials.”
Greenville, SC Starbucks Employees Latest to Demand Vote to Remove SBWU Union from Workplace
One year after highly publicized unionization efforts, workers from at least five different states have begun efforts to remove SBWU
Greenville, SC (August 14, 2023) – An employee of a Starbucks Coffee location near Greenville-Spartanburg International Airport has submitted a petition to the National Labor Relations Board (NLRB), asking the federal agency to hold a vote among her colleagues to remove the Starbucks Workers United (SBWU) union from the workplace. The employee, Kacie Bory, is receiving free legal representation from National Right to Work Foundation staff attorneys.
Bory’s petition contains signatures from the requisite number of her coworkers to trigger a union decertification election under the NLRB’s rules. While South Carolina is a Right to Work state, meaning SBWU bosses can compel neither Bory nor her coworkers to pay union dues or fees as a condition of staying employed, SBWU is still empowered by federal law to impose a union contract on employees at the store who oppose the union. A successful decertification vote would strip union officials of that power.
“My coworkers and I are very disappointed with the performance of SBWU union officials. They’ve done a lousy job of communicating with me and my colleagues and also haven’t stood up for our interests in the workplace,” commented Bory. “I am confident that the majority of my colleagues will vote to send SBWU officials packing and we hope that the union will not try any legal maneuvers to derail this election.”
Greenville Starbucks Workers Join Burgeoning Worker Movement Against SBWU
Bory and her coworkers’ effort is the latest in a chain of SBWU decertification pushes across the country. In just the past few months, Starbucks employees in Manhattan, NY, Buffalo, NY, Pittsburgh, PA, Bloomington, MN, and Salt Lake City, UT, have all sought free Foundation legal aid in pursuing their decertification petitions at the NLRB.
The flurry of decertification attempts is occurring roughly one year after SBWU union agents engaged in an aggressive unionization campaign against the coffee chain’s employees. Federal labor law forbids workers from decertifying a union for a year after a union’s installation, meaning many workers are seizing on the earliest possible opportunity to rid themselves of the SBWU union’s “representation.”
A potential motivating factor for many of the Starbucks workers currently seeking to oust the SBWU lies in the fact that the union’s campaign on Starbucks included the hiring of “salts.” “Salts” are covert union agents that obtain jobs at non-union workplaces solely for the purpose of agitating in favor of union control. The New York Post reported in July that, according to a Labor Union News report, SBWU spent nearly $2.5 million on seeding Starbucks locations with “salts” and other activists.
Outside of Starbucks, union decertification efforts are becoming much more common. 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.
However, union officials have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unrelated or unverified charges against management. SBWU officials at the Greenville Starbucks have already filed a motion seeking the dismissal of Bory and her coworkers’ petition, which Foundation attorneys are opposing.
“The well-funded and highly politicized campaign to install union power at Starbucks is fast unravelling, as more and more workers are discovering that their interests deviate from those of union organizers, many of whom left soon after installing the union,” commented National Right to Work Foundation President Mark Mix. “While SBWU officials nationwide are using every trick in the book to try to block the workers they claim to ‘represent’ from voting on whether the union deserves to stay, Foundation staff attorneys will continue to fight for the exercise of this essential free choice right.”
Southwest Airlines Faces Second Round of Sanctions in Litigation Over Flight Attendant’s Discriminatory Firing at Union Behest
Company already faced sanctions for not making witness available for deposition, now faces discipline for misleading employees about judge’s order
Dallas, TX (August 14, 2023) – The U.S. District Court for the Northern District of Texas last week issued a second round of sanctions against lawyers from Southwest Airlines, stemming from a federal discrimination case in which flight attendant Charlene Carter sued both the airline and the Transport Workers Union (TWU) Local 556 for firing her over voicing religious objections to the union’s political stances. Carter, who is receiving free legal representation from National Right to Work Foundation staff attorneys, received a $5.1 million jury verdict in her case last June and a favorable court ruling last December.
District Court Judge Brantley Starr’s current order results from a motion for sanctions Carter’s attorneys filed in December 2022. Carter’s motion contended that Southwest management, in the wake of the December ruling against the airline, had failed to follow the District Court’s instructions to inform flight attendants that the airline “may not discriminate” against flight attendants on the basis of religion, and had instead issued a “Recent Court Decision” notice to flight attendants stating the airline “does not discriminate” on the basis of religion. Carter’s December motion argued that Southwest further breached the Court’s instructions by subsequently issuing an “Inflight Information On the Go” memo to flight attendants, conveying the airline would scrutinize their union-related and religious speech in the same way it did with Carter.
Judge Starr’s order from last week granted Carter’s motion for sanctions and castigated Southwest’s lawyers for blatantly ignoring the court’s instructions.
“…Southwest’s notice communicated that there’s nothing to see here—aside from the Court’s bequeathing Southwest a badge of honor for not discriminating (which the Court did not do). Not content with merely inverting the Court’s notice, Southwest also sent a memo to its flight attendants the same day, stating that its employees must abide by the types of policies over which Southwest fired Carter and that it believed its firing of Carter was justified because of those policies,” Judge Starr’s order reads. “It’s hard to see how Southwest could have violated the notice requirement more.”
“…Southwest devoted diligence and energy only to circumventing the Court’s order—not to complying with it,” reads the order, rejecting a substantial compliance defense proffered by Southwest’s lawyers. “The…documents with privileged information indicate that decision was willful—not accidental.”
Southwest Already Faced Sanctions for Not Making Witness Available
Judge Starr’s order this week, which Southwest says they will appeal, is not the first time Southwest has faced discipline for its conduct during this litigation. In November, the District Court slammed the airline with sanctions after it failed to make flight attendant Brett Nevarez available for a deposition in the case.
According to the November order granting sanctions against Southwest, the airline’s management did not modify Nevarez’s flight schedule so he could actually attend the deposition. “[T]he Court didn’t order Defendants to sternly exhort Nevarez. It ordered Defendants to ‘ma[k]e [him] available . . . for deposition.’ Defendants didn’t rearrange Nevarez’s flight schedule or otherwise take any action to ensure his availability,” the order said.
“Thus, the Court concludes that Defendants violated its discovery order to make Nevarez available for his deposition,” read the order.
“Southwest’s repeated recalcitrance toward following court orders is shameful but not particularly surprising,” commented National Right to Work Foundation President Mark Mix. “The airline’s management already cooperated with TWU union bosses in the discriminatory and illegal firing of Charlene Carter, so it was obvious long before the sanctions that the company is willing to flout the law and undermine the rights of its employees.”
“Hopefully the court’s most recent order provides hope to other independent-minded workers that their right to express their religious dissent against union and company political agendas cannot so easily be waved away,” Mix added.
