Worker Advocate Files Amicus Brief in Support of Idaho Ban on Discriminatory Project Labor Agreements

Union bosses seek to protect power to discriminate against nonunion workers

Boise, ID (June 27, 2012) – Staff attorneys from the nation’s premier advocate for workers who suffer from the abuses of compulsory unionism have filed an amicus curie brief in support of an Idaho law prohibiting state and local government agencies from imposing so-called project labor agreements (PLAs) that require unionized workers for public projects.

National Right to Work Foundation staff attorneys filed the brief today in federal appeals court.

The “Open Access to Work Act” prohibits Idaho and all state governmental units from entering into taxpayer-funded contracts that require union-only workers.

Two building and construction unions challenged the law in U.S. District Court. The lower court’s decision regarding the matter is now being appealed to the U.S. Court of Appeals for the Ninth Circuit.

Click here to read the full release.

Boise, ID (June 27, 2012) – Staff attorneys from the nation’s premier advocate for workers who suffer from the abuses of compulsory unionism have filed an amicus curie brief in support of an Idaho law prohibiting state and local government agencies from imposing so-called project labor agreements (PLAs) that require unionized workers for public projects.

National Right to Work Foundation staff attorneys filed the brief today in federal appeals court.

The “Open Access to Work Act” prohibits Idaho and all state governmental units from entering into taxpayer-funded contracts that require union-only workers.

Two building and construction unions challenged the law in U.S. District Court. The lower court’s decision regarding the matter is now being appealed to the U.S. Court of Appeals for the Ninth Circuit. Last week, Foundation attorneys successfully overturned a Ninth Circuit of Appeals decision, when the U.S. Supreme Court ruled 7-2 that the Service Employees International Union (SEIU) violated the rights of nonunion state employees in the Knox case.

Foundation attorneys argue in their brief that not only does the Idaho law pass Constitutional muster under the U.S. Constitution, it also prevents state-sanctioned discrimination against the vast majority of construction workers who refrain from union membership.

According to the Bureau of Labor Statistics (BLS), 85 percent of America’s construction workers and 94 percent of Idaho’s workers refrain from formal union membership.

“The stats don’t lie, Idahoans’ choice regarding unionization is clear,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “Unfortunately, union bosses are seeking a judicial bailout to stifle competition and protect their preferential treatment from pro-forced unionism public officials.”

Two other states have passed laws prohibiting union-only contracts from public projects – Iowa and Michigan. Michigan’s law is also being challenged before a federal appeals court.

Federal Agency to Prosecute SEIU and Local Hospital for Rigging Union Card Check ‘Vote’

Union organizers enter into corrupt agreement with hospital to force healthcare workers into union ranks using coercive card check tactics

Orange, California (June 27, 2012) – The National Labor Relations Board (NLRB) Regional Director in Los Angeles has authorized the issuance of a complaint against a major healthcare union and hospital officials for forcing workers to accept an unwanted union in the workplace.

With free legal assistance from the National Right to Work Foundation, Marlene Felter of Costa Mesa filed charges with the NLRB after Service Employees International Union (SEIU) Healthcare Workers West officials and Chapman Medical Center colluded to illegally rig a union organizing “vote” to pave the way for the union to claim to “represent” the workers.

SEIU officials and Chapman Medical Center management entered into a backroom deal, known as a so-called “neutrality agreement,” in which company officials granted union operatives access to company facilities to conduct a coercive “card check” organizing campaign, and waived the right to have a federally-supervised secret ballot election to determine whether employees wished to be unionized. Union organizers frequently use “card check” organizing tactics to bribe, browbeat, or cajole workers into forced-union-dues payments against their will.

Click here to read the full release.

Orange, California (June 27, 2012) – The National Labor Relations Board (NLRB) Regional Director in Los Angeles has authorized the issuance of a complaint against a major healthcare union and hospital officials for forcing workers to accept an unwanted union in the workplace.

With free legal assistance from the National Right to Work Foundation, Marlene Felter of Costa Mesa filed charges with the NLRB after Service Employees International Union (SEIU) Healthcare Workers West officials and Chapman Medical Center colluded to illegally rig a union organizing “vote” to pave the way for the union to claim to “represent” the workers.

SEIU officials and Chapman Medical Center management entered into a backroom deal, known as a so-called “neutrality agreement,” in which company officials granted union operatives access to company facilities to conduct a coercive “card check” organizing campaign, and waived the right to have a federally-supervised secret ballot election to determine whether employees wished to be unionized. Union organizers frequently use “card check” organizing tactics to bribe, browbeat, or cajole workers into forced-union-dues payments against their will.

In response to the union’s coercive tactics, a majority of hospital workers signed cards, letters, and petitions stating that they did not want the SEIU bosses’ so-called “representation.” Instead of respecting the employees’ wishes, Chapman officials accepted SEIU officials as the workers’ monopoly bargaining agents after a rigged “card count” was held. Chapman and SEIU officials were in the process of negotiating a contract which almost certainly would include a provision to force the workers to pay union dues or fees as a condition of employment, because California does not have a Right to Work law that makes union membership and dues payment strictly voluntary.

The NLRB Regional Office subpoenaed records from SEIU and found merit to Felter’s charges. The agency will prosecute the union and hospital if a settlement is not reached. Such settlement will, of necessity, include rescission of the union’s representational status at Chapman.

“Chapman and SEIU officials have colluded to shove SEIU union bosses’ ‘representation’ – and with it forced dues payments – down workers’ throats,” said Mark Mix, President of National Right to Work. “Schemes like this show that the ultimate goal of union officials is more forced dues collected from workers, even when rank-and-file employees want nothing to do with the union. This further makes the case that California desperately needs a Right to Work law on the books making union affiliation completely voluntary.”

Government Union Officials Sic Collection Agency on Unsuspecting Public Defender for Illegal Forced Dues

Worker unaware of union officials’ so-called representation; case shows need for state Right to Work law

Albuquerque, NM (June 26, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a public defender from the Alamogordo office of the New Mexico Public Defender Department has filed a charge against a local union for wrongfully charging her with failure to pay union dues for the past five years.

Nancy Fleming filed the charge with the New Mexico Public Employee Labor Relations Board against American Federation of State, County, and Municipal Employees (AFSCME) New Mexico Council 18 union for illegally trying to confiscate forced union dues payments from her paycheck without notifying her that she was in the union’s monopoly bargaining unit and refusing to follow federal disclosure requirements.

Fleming was unaware that AFSCME Council 18 union officials’ claimed to “represent” her and was never asked if she wanted to be a member or pay union dues or fees to the union. However, Fleming began to receive notices earlier this year from a collection agency stating that the union reported her delinquent in paying union dues or fees dating back to 2006.

Click here to read the full release.

Albuquerque, NM (June 26, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a public defender from the Alamogordo office of the New Mexico Public Defender Department has filed a charge against a local union for wrongfully charging her with failure to pay union dues for the past five years.

Nancy Fleming filed the charge with the New Mexico Public Employee Labor Relations Board against American Federation of State, County, and Municipal Employees (AFSCME) New Mexico Council 18 union for illegally trying to confiscate forced union dues payments from her paycheck without notifying her that she was in the union’s monopoly bargaining unit and refusing to follow federal disclosure requirements.

Fleming was unaware that AFSCME Council 18 union officials’ claimed to “represent” her and was never asked if she wanted to be a member or pay union dues or fees to the union. However, Fleming began to receive notices earlier this year from a collection agency stating that the union reported her delinquent in paying union dues or fees dating back to 2006.

Because New Mexico 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, federal case law requires union officials to inform nonmember workers of where their union dues are being spent.

In New Mexico, union officials often report workers who do not make union dues payments to a collection agency, opening the door for unsuspecting workers to find themselves being harassed by a collection agency for payment of union dues when they did not even know their workplace was unionized.

“AFSCME union bosses are charging an unsuspecting worker for ‘representation’ she did not even know existed until a collection agency harassed her for delinquent payments,” said Mark Mix, President of National Right to Work. “Thanks to biased federal and state laws, union officials are the only private individuals who can claim to ‘represent’ someone and then demand payment from them – but union officials must at least inform workers of their rights before they do so.”

“To prevent these types of forced unionism abuses in the future, New Mexico desperately needs to pass a Right to Work law making union affiliation and dues payments completely voluntary,” added Mix.

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.

Supreme Court Strikes Down SEIU Scheme to Force CA Nonunion State Employees to Fund Union Politics

National Right to Work Legal Defense Foundation attorneys close union boss political fundraising loophole, winning again at U.S. Supreme Court

Washington, DC (June 21, 2012) – The U.S. Supreme Court ruled 7-2 today, siding with nonmember California state employees challenging a Service Employees International Union (SEIU) political fee charged to them without notice and opportunity to opt out.

The case concludes a prolonged legal challenge affecting some 36,000 California government employees initiated by eight California civil servants who filed a class-action lawsuit with free legal assistance from the National Right to Work Legal Defense Foundation.

In 2005, SEIU officials imposed a “special assessment” to raise money from all state employees forced to accept union representation as a job condition for a union political fund, regardless of their membership status. The fund was used to defeat four ballot proposals, including one that would have revoked public employee unions’ special privilege of using forced fees for politics unless an employee consents. Employees who refrained from union membership were given no chance to opt out of paying the SEIU’s political assessment.

Mark Mix, President of National Right to Work, issued the following statement regarding today’s ruling:

“Today, the United States Supreme Court upheld workers’ First Amendment rights and struck down another union boss scheme to confiscate and spend state workers’ hard earned money for politics without their permission.”

Click here to read the full release.

Washington, DC (June 21, 2012) – The U.S. Supreme Court ruled 7-2 today, siding with nonmember California state employees challenging a Service Employees International Union (SEIU) political fee charged to them without notice and opportunity to opt out.

The case concludes a prolonged legal challenge affecting some 36,000 California government employees initiated by eight California civil servants who filed a class-action lawsuit with free legal assistance from the National Right to Work Legal Defense Foundation.

In 2005, SEIU officials imposed a “special assessment” to raise money from all state employees forced to accept union representation as a job condition for a union political fund, regardless of their membership status. The fund was used to defeat four ballot proposals, including one that would have revoked public employee unions’ special privilege of using forced fees for politics unless an employee consents. Employees who refrained from union membership were given no chance to opt out of paying the SEIU’s political assessment.

Mark Mix, President of National Right to Work, issued the following statement regarding today’s ruling:

“Today, the United States Supreme Court upheld workers’ First Amendment rights and struck down another union boss scheme to confiscate and spend state workers’ hard earned money for politics without their permission.

“Attorneys from the National Right to Work Foundation – the nation’s leading advocate for workers who suffer from the abuses of compulsory unionism – argued, and the Court agreed, that the workers should not be forced to subsidize union officials’ political spending, even for a short period of time.

“The Court closed a giant loophole that allowed union bosses to confiscate money from workers’ paychecks for political spending sprees – and sent a message to union officials, once again, that forced political conformity is unconstitutional.”

For more information on the case, please visit the National Right to Work Foundation’s Knox Supreme Court case page at https://www.nrtw.org/en/knox/.

Los Angeles, CA (June 20, 2012) – With the help of National Right to Work Foundation staff attorneys, three Los Angeles Times printing press employees have reached a settlement with the Graphic Communications Conference of the International Brotherhood of Teamsters Local 140-N after union officials attempted to force them to join the union and pay full union dues.

Leon Carey, Jr., Richard Hernandez, and James Clayton filed their unfair labor practice charges against the Teamsters last January when union officials told them to join the union and pay full dues or be fired. Carey also filed unfair labor practice charges against the Teamsters in 2009 after union lawyers sued him because he wasn’t a full dues-paying union member.

Because California lacks a Right to Work law, employees can be compelled to pay fees to a union as a condition of employment. The Los Angeles Times and Teamsters Local 140-N are party to a contract that purports to require all printing press workers to become full dues-paying union members. However, Supreme Court precedent guarantees that employees have the right to refrain from union membership and the right to opt out of paying for union activities unrelated to workplace bargaining, such as members-only events and political lobbying.

According to the settlement’s terms, Teamster officials must respect employees’ rights to refrain from union membership and opt out of paying full dues, cease levying discriminatory initiation fees, disclose their expenditures to allow nonunion employees to determine what they’re obligated to pay, and remove a union policy that requires employees to annually renew their objections to paying full union dues.

“After multiple unfair labor practice charges, Teamster bosses will finally have to stop coercing independent-minded workers into joining their union and paying full dues,” said Patrick Semmens, Vice President of the National Right to Work Foundation.

“Unfortunately, employees like Leon Carey, Jr., Richard Hernandez, and James Clayton will still be forced to send part of their hard-earned salaries to the same union officials who disregarded their rights. That’s why California desperately needs a Right to Work law, which would make dues payment and union membership strictly voluntary.”

Suffolk County, NY (June 18, 2012) – With the help of National Right to Work Foundation staff attorneys, a local teacher has filed a lawsuit in state supreme court against two unions for refusing to tell her what they did with union dues that were supposed to have been sent to charities.

Maureen Stavrakoglou is employed by the Brentwood School District, which requires all teachers to pay dues to the Brentwood Teachers Association (BTA) union and its state affiliate, the New York State United Teachers (NYSUT) union, as a condition of employment. However, teachers with sincere religious objections to supporting a union are entitled to request that their union dues be redirected to a mutually agreed upon charity.

In 2005, the BTA and NYSUT unions came to an agreement with Stavrakoglou that redirected all of her NYSUT dues to charity. After the agreement was finalized, Stavrakoglou asked union officials to redirect her dues for 2007-2008 to the Make a Wish Foundation. The BTA’s president subsequently assured Stavrakoglou that the dues would be sent to the charity she designated.

Stavrakoglou has since designated several new charities for her union dues. However, two of the charities she chose – The Cystic Fibrosis Foundation and the Now I Lay Me Down to Sleep Foundation – have no record of ever receiving a donation from the union under Stavrakoglou’s name. A third charity, The NYC Firefighters’ Burn Foundation, only received Stavrakoglou’s donation after she called union officials to inquire about the status of her dues. The donation was made over half a year after it was supposed to have been done.

Stavrakoglou’s lawsuit seeks an account of how her union dues were spent and the immediate payment of any illegally-confiscated dues to the charities she designated. She also seeks punitive damages from the BTA and the NYSUT unions.

“After telling Maureen Stavrakoglou they’d respect her religious objections and redirect her dues to charity, teacher union bosses appear to have brazenly ignored her wishes,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “Cases like this demonstrate the need for a New York Right to Work law, which would make union membership and dues payment strictly voluntary.”