Worker Advocate Asks Federal Labor Board to Uphold Precedent Disallowing Forced Unionization of Professors

Foundation files brief supporting university professors’ freedom of speech

Washington, DC (July 11, 2012) – The National Right to Work Foundation filed an amicus curiae (‘friend of the court”) brief with the National Labor Relations Board (NLRB) asking the Board to uphold the U.S. Supreme Court’s long-standing precedent that disallows union officials from corralling most university professors into unwanted union affiliation.

Foundation staff attorneys filed the brief with the NLRB in a case involving Newspaper Guild of Pittsburgh/Communications Workers of America (CWA) Local 38061 union organizers’ attempt to unionize professors at Point Park University in Pittsburgh and ultimately force the professors to pay union dues.

Click here to read the full release.

Washington, DC (July 11, 2012) – The National Right to Work Foundation filed an amicus curiae (‘friend of the court”) brief with the National Labor Relations Board (NLRB) asking the Board to uphold the U.S. Supreme Court’s long-standing precedent that disallows union officials from corralling most university professors into unwanted union affiliation.

Foundation staff attorneys filed the brief with the NLRB in a case involving Newspaper Guild of Pittsburgh/Communications Workers of America (CWA) Local 38061 union organizers’ attempt to unionize professors at Point Park University in Pittsburgh and ultimately force the professors to pay union dues.

In their brief, Foundation attorneys argue that universities do not fit the industrial model of the National Labor Relations Act (NLRA) – the federal law governing private-sector labor relations for non-managerial workers – a conclusion that the U.S. Supreme Court upheld in NLRB v. Yeshiva University (1980). In Yeshiva, the Court reasoned that faculty members are endowed with “managerial status” at most universities and removed them from the scope of the NLRA.

In a previous ruling in the Park Point University case, the NLRB ignored the U.S. Supreme Court precedent and rubber-stamped the unionization of the university’s professors. Point Park University has refused to accept the Local 38061 as the professors’ monopoly bargaining agent, and the case is now pending before the Board again.

Foundation staff attorneys also argue in their amicus brief that allowing union officials monopoly bargaining power over all Point Park University professors would violate the freedom of speech rights of dissenting facility members, thereby undermining academic freedom. Forced unionization would also undermine many universities’ own institutional missions.

“Local 38061 officials’ strong-handed attempt to corral college professors into unwanted union affiliation and force them to pay dues for unwanted union ‘representation’ can only be explained as that the union bosses see the Board’s current makeup favorable to forced unionism,” stated Mark Mix, President of the National Right to Work Foundation. “If they succeed, university professors nationwide could be susceptible to unwanted unionization and dues payments and forced to subsidize union boss political activity that runs contrary to universities’ and professors’ values.”

Pro-Right to Work Employees File Formal Comments with Indiana Department of Labor

Agency considers rules regarding enforcement of new law, workers argue for strong rules to ease enforcement of workers’ Right to Work protections

Indianapolis, IN (July 11, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, two Indiana workers filed formal comments with the Indiana Department of Labor (DOL) in support of their newly-enacted Right to Work freedoms as the agency drafts regulations for the enforcement of the law.

Douglas Richards, an employee with Goshen-based Cequent Towing Products and David Brubaker, who works for Georgia Pacific, filed their comments this morning.

Both Richards’s and Brubaker’s workplaces are unionized by the United Steel Workers (USW) union hierarchy. Both workers have refrained from union membership. However, they are still forced to accept USW union officials’ so-called “representation,” and are required to pay dues to the union as a condition of employment, until their employers’ old contracts with the union expire.

Click here to read the full release.

Indianapolis, IN (July 11, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, two Indiana workers filed formal comments with the Indiana Department of Labor (DOL) in support of their newly-enacted Right to Work freedoms as the agency drafts regulations for the enforcement of the law.

Douglas Richards, an employee with Goshen-based Cequent Towing Products and David Brubaker, who works for Georgia Pacific, filed their comments this morning.

Both Richards’s and Brubaker’s workplaces are unionized by the United Steel Workers (USW) union hierarchy. Both workers have refrained from union membership. However, they are still forced to accept USW union officials’ so-called “representation,” and are required to pay dues to the union as a condition of employment, until their employers’ old contracts with the union expire.

In their comments, the workers contend that job applicants are properly included under Indiana’s Right to Work protections and that the proposed 90 day statute of limitations on violations of the Right to Work law should be extended to two years. They also suggest that the regulations make it more clear that union officials can be held accountable for violating workers’ Right to Work protections, among other changes to the proposed rules.

In May, the two workers filed an amicus curiae brief to defend their Right to Work protections from a frivolous USW union legal challenge in state court. The anti-Right to Work lawsuit makes a number of dubious claims about Indiana’s new law, including the argument that unions have a right to force workers to pay for their unwanted services.

Brubaker and Richards stated in their court brief that union monopoly bargaining agreements that force nonmember employees to subsidize union activities – such as the agreements both workers are currently subject to under the USW union hierarchy – infringe on their First Amendment rights to freedom of speech and freedom of association.

“These two workers stand steadfast in support of their newly-enacted Right to Work freedoms,” said Mark Mix, President of the National Right to Work Foundation. “We are pleased to help them and all of Indiana’s workers exercise their rights under Indiana’s Right to Work law during this transition and in the future.”

A Foundation staff attorney testified before the Indiana DOL about the proposed Right to Work regulations yesterday.

Twenty-three states have Right to Work protections for workers. Recent public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

SEIU Officials Face Charge for Violating State Pharmacist’s Rights

Case shows desperate need for California Right to Work law to make union membership and dues strictly voluntary

San Jose, CA (July 10, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a Santa Clara Valley Medical Center pharmacist has filed a state charge against a local union for illegally refusing to honor his right to refrain from full-dues-paying union membership.

Jeffrey Lum of Cupertino filed the charge with the California Public Employment Relations Board (PERB) against Service Employees International Union (SEIU) Local 521 for illegally forcing him into full union dues payments against his will.

Lum, a state employee, exercised his right to refrain from formal union membership in November 2011 and sent a letter to the SEIU notifying the union hierarchy of his decision.

Click here to read the full release.

San Jose, CA (July 10, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a Santa Clara Valley Medical Center pharmacist has filed a state charge against a local union for illegally refusing to honor his right to refrain from full-dues-paying union membership.

Jeffrey Lum of Cupertino filed the charge with the California Public Employment Relations Board (PERB) against Service Employees International Union (SEIU) Local 521 for illegally forcing him into full union dues payments against his will.

Lum, a state employee, exercised his right to refrain from formal union membership in November 2011 and sent a letter to the SEIU notifying the union hierarchy of his decision. Because California does not have Right to Work protections making union affiliation completely voluntary, workers who refrain from formal union membership may still be forced to pay part of union dues to keep their jobs. However, nonmember workers cannot be required to pay union dues spent for union activities like political activism, lobbying, and member-only events.

SEIU Local 521 officials acknowledged Lum’s resignation letter but still continue to extract full union dues from his paychecks – claiming Lum’s resignation from formal union membership did not meet the union’s criteria. Under California state law and federal case law, workers have the unconditional right to refrain from formal union membership.

Lum’s charge seeks an acknowledgment from the union that he is no longer a formal member, an independently-audited breakdown of union expenditures, a refund of illegally-seized forced union dues from his paycheck dating back to January, and the posting of notices in the workplace informing workers of their right to refrain from union membership.

“SEIU bosses are nitpicking the rules to illegally coerce workers into full-dues-paying union ranks against their will,” said Mark Mix, President of National Right to Work. “To prevent these types of forced unionism abuses in the future, California desperately needs to pass a Right to Work law making union affiliation and dues payments completely voluntary.”

Twenty-three states have Right to Work protections for workers. Recent public polling shows that nearly 80 percent of Americans and 80 percent of union members support the Right to Work principle of voluntary unionism.

Tenth Circuit Slaps Teamster Union With Sanctions

Teamster union bosses sought to punish worker refraining from union membership

Denver, CO (July 6, 2012) – The U.S. Court of Appeals for the Tenth Circuit has upheld a National Labor Relations Board (NLRB) ruling against a local Teamster union policy that discriminated against nonunion workers employed by Interstate Bakeries in Oklahoma.

Oklahoma worker Kirk Rammage received free assistance from the National Right to Work Foundation during his six and a half year legal battle challenging the Teamster union’s discriminatory policy.

Rammage was the single nonunion sales representative with Dolly Madison for over 15 years before his division was merged in 2005 with Wonder Bread/Hostess. Although the company initially wanted to protect Rammage’s seniority during the merger, Teamsters Local 523 union officials insisted that union members receive preferential treatment by putting Rammage at the bottom of the seniority roster despite his longer workplace tenure. The company later caved in to the union bosses’ demand.

At Interstate Bakeries, seniority increases employees’ chances of securing desirable sales routes. By insisting that Rammage lose his seniority, Teamster officials effectively signaled that union workers took priority over their nonunion colleagues. As a result, Rammage was forced to commute to a new work location more than 70 miles away.

Click here to read the full release.

Denver, CO (July 6, 2012) – The U.S. Court of Appeals for the Tenth Circuit has upheld a National Labor Relations Board (NLRB) ruling against a local Teamster union policy that discriminated against nonunion workers employed by Interstate Bakeries in Oklahoma.

Oklahoma worker Kirk Rammage received free assistance from the National Right to Work Foundation during his six and a half year legal battle challenging the Teamster union’s discriminatory policy.

Rammage was the single nonunion sales representative with Dolly Madison for over 15 years before his division was merged in 2005 with Wonder Bread/Hostess. Although the company initially wanted to protect Rammage’s seniority during the merger, Teamsters Local 523 union officials insisted that union members receive preferential treatment by putting Rammage at the bottom of the seniority roster despite his longer workplace tenure. The company later caved in to the union bosses’ demand.

At Interstate Bakeries, seniority increases employees’ chances of securing desirable sales routes. By insisting that Rammage lose his seniority, Teamster officials effectively signaled that union workers took priority over their nonunion colleagues. As a result, Rammage was forced to commute to a new work location more than 70 miles away.

After Rammage filed federal charges against the union, the NLRB – a federal agency charged with administering private sector labor law – ruled against the discriminatory Teamster-imposed policy. The U.S. Court of Appeals for the Tenth Circuit upheld the NLRB’s decision. Those rulings were later nullified by the U.S. Supreme Court in 2009 on the ground that the Board lacked a three member quorum at the time of its decision.

The Tenth Circuit then remanded the case to the NLRB. Once the Board had a quorum, the NLRB revisited the facts of the case and again concluded that Teamster officials broke the law by discriminating against employees based on their union representation status.

The Tenth Circuit has now upheld the agency’s ruling again and slapped Teamster Local 523 with monetary sanctions for the frivolous nature of the union’s lawyers’ second appeal.

“Teamster bosses pulled out all the stops to protect their discrimination against workers who have the temerity not to associate with their union,” said Mark Mix, President of the National Right to Work Foundation. “Teamster union bosses will now pay for discriminating against workers who exercise their unconditional right to refrain from union membership.”

School Bus Drivers Slam the Brakes on Shoddy Federal Settlement in Teamster Union Disclosure Case

Labor Board settlement lets scofflaw Teamster union off the hook

Long Island, NY (July 6, 2012) – A group of Lindenhurst, New York, school bus drivers have appealed a National Labor Relations Board (NLRB) regional office’s proposed settlement of a federal charge filed against a local Teamster union.

With free legal assistance from the National Right to Work Foundation, a Baumann & Sons Bus Company driver filed the charge for herself and at least four of her coworkers in late 2011 with the NLRB regional office in Brooklyn, after Teamsters Local Union 1205 officials refused to provide the workers with adequate information about the union’s financial expenditures as federal law requires.

The workers exercised their right to refrain from formal, full dues-paying union membership upheld under a National Right to Work Foundation-won precedent in the Supreme Court case Communication Workers v. Beck.

Click here to read the full release.

Long Island, NY (July 6, 2012) – A group of Lindenhurst, New York, school bus drivers have appealed a National Labor Relations Board (NLRB) regional office’s proposed settlement of a federal charge filed against a local Teamster union.

With free legal assistance from the National Right to Work Foundation, a Baumann & Sons Bus Company driver filed the charge for herself and at least four of her coworkers in late 2011 with the NLRB regional office in Brooklyn, after Teamsters Local Union 1205 officials refused to provide the workers with adequate information about the union’s financial expenditures as federal law requires.

The workers exercised their right to refrain from formal, full dues-paying union membership upheld under a National Right to Work Foundation-won precedent in the Supreme Court case Communication Workers v. Beck.

However, because New York does not have Right to Work protections for its workers, workers who refrain from formal union membership are still forced to pay part of union fees as a condition of employment. Nonmember workers cannot be required to pay union dues spent for union activities like political activism, lobbying, and member-only events. Teamster union bosses are further required to provide an independently-audited breakdown of all forced-dues union expenditures.

The bus drivers won a federal settlement before the NLRB regional office requiring Local 1205 union officials to provide adequate disclosure and post notices in the workplace informing workers of their rights. However, the bus drivers are appealing the proposed settlement because it does not require Local 1205 union officials to provide substantial proof that the financial disclosure statements provided to the workers are independently-audited. Additionally, the notices the settlement requires will be posted during the summer months when the school district’s bus drivers do not work.

“The regional NLRB office is attempting to let Teamster Local 1205 union bosses off the hook by posting the notice when no one is looking and not forcing Teamster bosses to fully comply with the law,” said Patrick Semmens, vice president of the National Right to Work Foundation. “Ultimately, the best way to protect the rights of workers in the Empire State is for New York to pass a Right to Work law ending union officials’ power to have workers fired for refusing to pay union dues or fees and making union membership strictly voluntary.”

Twenty-three states have Right to Work protections for workers. Recent public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.