Indiana Workers Ask to File Amicus Brief Defending Hoosier Right to Work Law

Union lawyers seek to shut workers out of the proceedings

Hammond, IN (April 2, 2012) – Today, a group of Indiana workers from across the state filed a motion for leave to file an amicus brief in federal court in support of their newly-enacted Right to Work freedoms.

With free legal assistance from the National Right to Work Foundation, the four workers – David Bercot, a certified wastewater operator for ITR Concession Company which services Indiana toll road rest stops in the Fort Wayne-area; Joel Tibbetts, a Minteq International assistant manager in Valparaiso; Douglas Richards, an employee with Goshen-based Cequent Towing Products; and Larry Getts, a Dana Holding Corporation tube press technician in Albion – all joined in the brief defending the law against a union-boss challenge.

International Union of Operating Engineers (IUOE) Local 150 headquartered in suburban Chicago, Illinois filed the federal lawsuit in late February challenging the law and requesting an injunction against its implementation.

Read the entire release here.

Hammond, IN (April 2, 2012) – Today, a group of Indiana workers from across the state filed a motion for leave to file an amicus brief in federal court in support of their newly-enacted Right to Work freedoms.

With free legal assistance from the National Right to Work Foundation, the four workers – David Bercot, a certified wastewater operator for ITR Concession Company which services Indiana toll road rest stops in the Fort Wayne-area; Joel Tibbetts, a Minteq International assistant manager in Valparaiso; Douglas Richards, an employee with Goshen-based Cequent Towing Products; and Larry Getts, a Dana Holding Corporation tube press technician in Albion – all joined in the brief defending the law against a union-boss challenge.

International Union of Operating Engineers (IUOE) Local 150 headquartered in suburban Chicago, Illinois filed the federal lawsuit in late February challenging the law and requesting an injunction against its implementation.

Both Bercot’s and Tibbetts’s workplaces are unionized by the IUOE Local 150 union hierarchy. Both workers have refrained from union membership. However, they are still forced to accept IUOE Local 150 union officials’ so-called "representation" and are required to pay dues to the union as a condition of employment until expiration of contracts entered into before Indiana’s Right to Work law was enacted.

Despite both workers having to accept the IUOE union hierarchy’s "representation" by force (as a condition of their employment), IUOE union lawyers have already moved to exclude the workers’ voluntarily-sought and wanted legal representation – National Right to Work Foundation attorneys – from the proceedings.

"IUOE union bosses believe one set of rules should apply to them while the workers who are forced to accept their so-called ‘representation’ are essentially told to shut up and stay out of the way," said Mark Mix, President of the National Right to Work Foundation. "Fortunately, these courageous workers are dedicated to protecting their rights in the face of rank union boss hypocrisy."

Indiana is the nation’s 23rd Right to Work state. Public polling shows that nearly 80 percent of Americans support the Right to Work principle, including 80 percent of union members.

Judge Reaffirms Legal Basis for Government Union Reforms While Striking down Part of Wisconsin’s Act 10

Ruling makes clear: Future reforms that include all government sector unions would be safe from legal challenges

Madison, WI (March 30, 2012) – In response to Judge Conley’s opinion striking down several aspects of Wisconsin’s recently-enacted public sector union reforms, National Right to Work Legal Defense Foundation President Mark Mix issued the following statement:

“Critically, Judge Conley’s ruling reaffirms the right of states to limit government union officials’ monopoly bargaining powers. Once again, a federal court has made it clear that union officials have no right to collect dues or fees from nonmembers.”

“While we disagree with the ruling’s conclusion that there isn’t a rational basis for recertification requirements and a ban on the use of taxpayer funded-payroll systems to collect union dues for general employees, the opinion shows why public safety officials should not have been exempted in the first place. The real solution to the ‘equal protection’ claims raised by the plaintiffs in this lawsuit is to apply Act 10 to all government employee unions and stop – in the judge’s words – ‘selectively subsidizing public unions.’ If anything, this ruling provides a blueprint for state legislators looking to limit union officials’ extraordinary special legal powers that no other private organization enjoys.”

Read the entire release here.

Madison, WI (March 30, 2012) – In response to Judge Conley’s opinion striking down several aspects of Wisconsin’s recently-enacted public sector union reforms, National Right to Work Legal Defense Foundation President Mark Mix issued the following statement:

“Critically, Judge Conley’s ruling reaffirms the right of states to limit government union officials’ monopoly bargaining powers. Once again, a federal court has made it clear that union officials have no right to collect dues or fees from nonmembers.”

“While we disagree with the ruling’s conclusion that there isn’t a rational basis for recertification requirements and a ban on the use of taxpayer funded-payroll systems to collect union dues for general employees, the opinion shows why public safety officials should not have been exempted in the first place. The real solution to the ‘equal protection’ claims raised by the plaintiffs in this lawsuit is to apply Act 10 to all government employee unions and stop – in the judge’s words – ‘selectively subsidizing public unions.’ If anything, this ruling provides a blueprint for state legislators looking to limit union officials’ extraordinary special legal powers that no other private organization enjoys.”

In addition to upholding most of Act 10, the order granted three employees represented by National Right to Work Foundation and Wisconsin Institute for Law & Liberty attorneys amicus status. Each of the employees has exercised their right to refrain from full membership in the same public sector unions challenging Act 10 and favor the protections the reforms give them as nonmember employees.

A number of other groups had asked to file amicus briefs, but were all denied by Judge Conley.

IUOE Union Bosses Face Federal Charges for Nixing Union Financial Disclosure

Repeat union offender highlights why Indiana needed Right to Work law that ends forced dues powers

Indianapolis, IN (March 30, 2012) – A union headquartered in suburban Chicago that is challenging Indiana’s newly-enacted Right to Work law in federal court is again facing legal woes for violating workers’ rights.

National Right to Work Foundation attorneys are providing free legal assistance to David Bercot of Orland, a certified wastewater operator for the ITR Concession Company, which services toll road rest stops in the Fort Wayne area. Bercot has field federal unfair labor practice charges against International Union of Operating Engineers (IUOE) Local 150 for refusing to provide him information about union financial expenditures.

Bercot must accept IUOE officials’ so-called “representation” and is still required to pay dues to the union to keep his job until the union’s current contract expires, after which he will be freed from that requirement by Indiana’s new Right to Work law.

Read the entire release here.

Indianapolis, IN (March 30, 2012) – A union headquartered in suburban Chicago that is challenging Indiana’s newly-enacted Right to Work law in federal court is again facing legal woes for violating workers’ rights.

National Right to Work Foundation attorneys are providing free legal assistance to David Bercot of Orland, a certified wastewater operator for the ITR Concession Company, which services toll road rest stops in the Fort Wayne area. Bercot has field federal unfair labor practice charges against International Union of Operating Engineers (IUOE) Local 150 for refusing to provide him information about union financial expenditures.

Bercot must accept IUOE officials’ so-called “representation” and is still required to pay dues to the union to keep his job until the union’s current contract expires, after which he will be freed from that requirement by Indiana’s new Right to Work law.

While Bercot is forced to pay a certain portion of union dues, he is also entitled to receive an independently-audited breakdown of union financial expenditures to help him determine how much money he is obligated to contribute. IUOE Local 150 union officials only provided Bercot with an incomplete breakdown of their financial expenditures.

Bercot filed federal charges with the National Labor Relations Board (NLRB) Region 25 in Indianapolis contesting the union hierarchy’s lack of disclosure. Recently, IUOE Local 150 union officials were forced to settle another case by reimbursing two workers $1,268 after refusing to recognize their right to refrain from full-dues-paying union membership.

Bercot’s charges also object to another aspect of union policy, which requires employees to renew their objection to paying full union dues during a brief “window period.” If employees miss the window period, they must pay full union dues for another year.

Under federal law, workers have the right to permanently object to union dues.

Meanwhile, in response to IUOE Local 150 union bosses’ recent federal lawsuit against Indiana’s Right to Work law, Bercot joined a group of Indiana workers from across the state to file an amicus brief in support of their newly-enacted Right to Work freedoms.

“IUOE Local 150 union bosses have waged a long campaign against Indiana’s workers, even before their frivolous federal lawsuit against Indiana’s new Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “A Right to Work law guards against IUOE bosses’ continuing efforts to take workers’ hard-earned money from their paychecks as a condition of employment.”

Washington, DC (March 26, 2012) – With the help of National Right to Work Foundation attorneys, seven workers moved to intervene in a D.C. Circuit Court of Appeals case that could determine if President Obama’s recent recess appointments to the National Labor Relations Board (NLRB) are constitutional.

John Lugo, Douglas Richards, David Yost, Connie Gray, Karen Medley, and Janette and Tommy Fuentes are all involved in cases pending before the Board. They seek to intervene in a federal court appeal from a recent NLRB decision which presents the issue of whether the Board had the required three-member quorum to make a ruling.

If the NLRB’s decision is upheld by the Circuit Court, the ruling would allow President Obama’s questionable recess appointees to remain on the Board. The seven Foundation-assisted workers wish to intervene to challenge the constitutionality of the appointments because they’re involved in NLRB cases that could be decided by illegally-installed Board members.

Foundation attorneys argue that President Obama’s controversial Board appointees were not legitimate because the U.S. Senate was still in session according to its own rules when the appointments were made. Consequently, the NLRB lacks the necessary quorum to issue any new rulings.

“President Obama’s latest pro-Big Labor power grab not only threatens workers’ rights, it also undermines our delicate constitutional balance,” said Mark Mix, President of the National Right to Work Foundation. “That’s why we’re helping seven hard-working citizens challenge the constitutionality of these bogus recess appointments before the Board can rule on their cases.”

In January, Foundation attorneys helped file the first legal challenge to Obama’s recess NLRB appointees. In that case, currently on appeal, a federal judge has focused on the legality of a controversial NLRB rule forcing employers to post a biased notice intended to assist aggressive union organizers.

“One way or another, we need to get to the bottom of what is a constitutional crisis,” continued Mix. “These ‘non-recess recess appointments’ are a clear violation of the Constitution, and a testament to just how far the Obama Administration will go to push Big Labor’s agenda.”

Hospital Union Officials Face Federal Charges for Disclosure Malpractice

Union officials take over a hundred dollars in forced union fees from nurse’s paycheck without proper disclosure

Pleasanton, California (March 23, 2012) – A Kaiser Pleasanton Clinic nurse has filed federal unfair labor practice charges against a local union for violating her rights.

With free legal assistance from the National Right to Work Foundation, Donna Von der Lieth of San Ramon filed the charges with the National Labor Relations Board (NLRB).

Von der Lieth sent a letter to California Nurses Association (CNA) union officials resigning from formal union membership and invoked her right to refrain from paying full union dues in September 2011. However, because CNA union officials enjoy monopoly bargaining privileges over her workplace, and because California does not have state Right to Work protections for its workers, Von der Lieth is forced to accept CNA union officials’ “representation” and pay union fees as a condition of employment.

Read the entire release here.

Pleasanton, California (March 23, 2012) – A Kaiser Pleasanton Clinic nurse has filed federal unfair labor practice charges against a local union for violating her rights.

With free legal assistance from the National Right to Work Foundation, Donna Von der Lieth of San Ramon filed the charges with the National Labor Relations Board (NLRB).

Von der Lieth sent a letter to California Nurses Association (CNA) union officials resigning from formal union membership and invoked her right to refrain from paying full union dues in September 2011. However, because CNA union officials enjoy monopoly bargaining privileges over her workplace, and because California does not have state Right to Work protections for its workers, Von der Lieth is forced to accept CNA union officials’ “representation” and pay union fees as a condition of employment.

When resigning from formal union membership, Von der Lieth exercised her rights upheld by the U.S. Supreme Court in the Foundation’s Communications Workers of America v. Beck (1988) case. In Beck, the Court determined that union officials cannot compel nonmembers to pay the portion of union dues used for the union’s political, lobbying, and member-only activities. Additionally, union officials are required to provide adequate financial disclosure of union expenditures to inform workers who refrain from union membership of how their forced dues are being spent.

In Von der Lieth’s September 2011 letter, she requested union officials provide the legally-required breakdown of union expenditures. Union officials have refused to provide the adequate disclosure to ensure Von der Leith is fully aware of the amount of forced union fees the CNA union hierarchy can legally confiscate from her paycheck.

“Even though union officials often refuse to acknowledge their rights, honest hard-working nurses such as Von der Lieht are still forced to pay union dues and fees as a condition of employment,” said Mark Mix, President of National Right to Work. “Union bosses will continue to take workers’ hard-earned money while disrespecting their rights until California passes Right to Work protections for its workers.”

“Only then will it be less difficult for rank-and-file workers to hold union bosses accountable for forced unionism abuses such as this case,” added Mix.

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

Employee from Non-Profit Public Defense Firm Defends Her Rights from SEIU Union Hierarchy

Seattle-area case highlights need for state Right to Work law

Seattle, WA (March 20, 2012) – An employee at a private, non-profit public defense law firm has filed federal unfair labor practice charges against a Seattle-area union for violating her rights.

With free legal assistance from National Right to Work Foundation attorneys, Society of Counsel Representing Accused Persons employee Stephanie Kalfayan filed the charges Friday with the National Labor Relations Board (NLRB) regional office in Seattle.

Kalfayan resigned from formal union membership in Service Employees International Union (SEIU) Local 925 and invoked her right to refrain from paying full union dues. However, because SEIU Local 925 officials enjoy monopoly bargaining privileges over her workplace, and because Washington does not have state Right to Work protections for its workers, Kalfayan is forced to accept SEIU officials’ “representation” and pay union fees as a condition of employment.

Read the entire release here.