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.

Union Bosses Forced to Settle Federal Charges After Illegally Levying Retaliatory $7,300 Strike Fine Against Worker

Worker fined for exercising his right to refrain from formal union membership

Kansas City, MO (July 3, 2012) – A Honeywell nuclear assembly worker has won a settlement from a local union for retaliating against him for exercising his right to refrain from union membership and continue to work during a union boss-instigated strike.

With free legal assistance from National Right to Work Foundation staff attorneys, Daniel Gudde filed a federal charge with the National Labor Relations Board (NLRB) regional office in Overland Park, Kansas after union officials levied a $7,361.36 fine against him.

Gudde began working at Honeywell in late September, believing he had to join the International Association of Machinist (IAM) Local Lodge 778 union. In early October, IAM Local 778 union officials instigated a strike. Gudde and three of his coworkers were unsure if they had to go on strike as union members or if they had to fulfill a required 30-day probationary period of employment.

Union officials told Gudde and his colleagues to continue to work to complete the 30-day probationary period.

Click here to read the full release.

Kansas City, MO (July 3, 2012) – A Honeywell nuclear assembly worker has won a settlement from a local union for retaliating against him for exercising his right to refrain from union membership and continue to work during a union boss-instigated strike.

With free legal assistance from National Right to Work Foundation staff attorneys, Daniel Gudde filed a federal charge with the National Labor Relations Board (NLRB) regional office in Overland Park, Kansas after union officials levied a $7,361.36 fine against him.

Gudde began working at Honeywell in late September, believing he had to join the International Association of Machinist (IAM) Local Lodge 778 union. In early October, IAM Local 778 union officials instigated a strike. Gudde and three of his coworkers were unsure if they had to go on strike as union members or if they had to fulfill a required 30-day probationary period of employment.

Union officials told Gudde and his colleagues to continue to work to complete the 30-day probationary period. After the probationary period, union bosses obligated Gudde and his coworkers to leave their jobs at the nuclear facility. Union members bound by the union’s constitution and bylaws can be fined for continuing to work during a strike.

After the 30-day period, Gudde learned of his right to resign from full dues paying union membership at any time. He notified the IAM union hierarchy that he was resigning from formal union membership when his 30-day period ended and then returned to work after a couple of days. Workers who refrain from union membership cannot be fined or otherwise disciplined for working during a strike. However, because Missouri does not have a Right to Work law, nonmember workers are still forced to pay a certain part of union dues and fees.

In mid-March, IAM union bosses fined Gudde. Moreover, three coworkers who did not resign from the union but also worked during the 30-day probation period were not fined, thus suggesting the fine was in retaliation for Gudde exercising his rights.

The settlement requires union officials to rescind the fines imposed on Gudde and other employees who worked with union authorization and post a notice in the workplace informing workers of their rights.

“Cynical IAM union bosses retaliated against a worker for exercising his rights to continue providing for himself and his family during a strike, even after they told him to keep working,” said Mark Mix, President of the National Right to Work Foundation. “These types of compulsory unionism injustices will continue to occur until Missouri passes Right to Work protections for its workers.”

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.