Los Angeles, California (May 13, 2009) – With free legal assistance from the National Right to Work Foundation, a Venice-based employee of Hesher Productions, LLC has filed unfair labor practice charges against the company and the International Association of Theatrical Stage Employees (IATSE) Local 884 union for her illegal termination.

Mandy Diassellis was formerly employed as a studio teacher by Hesher Productions in Santa Monica. Thinking she had an obligation to do so, she tried to join IATSE Local 884, but she was refused membership and subsequently fired for not joining the union. The charges will now be investigated by the National Labor Relations Board.

Because California does not have a Right to Work law making union membership and dues payment voluntary, workers are routinely forced to pay union dues or lose their jobs. However, federal labor statutes do not impose a forced dues requirement until workers have been employed in the same bargaining unit for at least 30 days. Further, under federal law, when an employee is barred from union membership for a reason unrelated to nonpayment of dues, the union loses its special legal privilege to compel any dues payment whatsoever.

Diassellis was not a member of IATSE Local 884 and had not been employed by Hesher Productions for more than 30 days, and therefore could not yet be legally forced to pay union dues or join the union. However, Diassellis did attempt to join the union, not understanding that formal membership was not required by law, but was then rebuffed by IATSE union officials anyway. After rejecting her attempt to join the union, union officials ordered her employer to fire her for not having joined the union or paid dues.

The charges filed by Foundation attorneys seek the immediate reinstatement of Diassellis to her job, as well as payment of back pay owed her since the day she was fired.

“For whatever reasons, union bosses wanted Mandy Diassellis fired, and they flagrantly broke the law in doing so,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Union bosses in the entertainment industry have routinely ignored federal labor laws in an effort to maintain monopoly control of who is hired and who is fired. We intend to challenge and stop this flagrant violation of employee rights.”

Taxi Drivers Force Union to End Illegal Union-Dues Scheme

Union bosses illegally refused to allow drivers out of union membership, despite Nevada’s popular Right to Work law

Las Vegas, Nevada (May 13, 2009) — With free legal aid from the National Right to Work Legal Defense Foundation, a cab driver working for the largest taxi business in Las Vegas forced a local union’s bosses to back down after they refused to allow him and his coworkers to exercise their right to refrain from formal, dues-paying union membership.

Late last year, Fred Haeberle and some of his colleagues at the Nevada Yellow, Checker and Star Cab Corporations attempted to resign from formal, dues-paying union membership with the Industrial, Technical, and Professional Employees (ITPE) union – a local union of the Office and Professional Employees International Union (OPEIU), an AFL-CIO affiliate.

ITPE union bosses maliciously refused Haeberle’s request – saying he had “no standing” to assert his rights. Haeberle then turned to the National Right to Work Foundation for free legal aid.

(Continue reading this news release…)

Las Vegas, Nevada (May 13, 2009) – With free legal aid from the National Right to Work Legal Defense Foundation, a cab driver working for the largest taxi business in Las Vegas forced a local union’s bosses to back down after they refused to allow him and his coworkers to exercise their right to refrain from formal, dues-paying union membership.

Late last year, Fred Haeberle and some of his colleagues at the Nevada Yellow, Checker and Star Cab Corporations attempted to resign from formal, dues-paying union membership with the Industrial, Technical, and Professional Employees (ITPE) union – a local union of the Office and Professional Employees International Union (OPEIU), an AFL-CIO affiliate.

ITPE union bosses maliciously refused Haeberle’s request – saying he had “no standing” to assert his rights. Haeberle then turned to the National Right to Work Foundation for free legal aid.

In the Foundation-assisted Pattern Makers v. National Labor Relations Board (NLRB) United States Supreme Court case, the Court held that employees have the right to resign from union membership at any time. And Nevada’s Right to Work law prohibits union officials from compelling employees to join or pay dues to a union.

After Foundation attorneys filed a federal charge with the NLRB for Haeberle (and others similarly situated), the ITPE union acknowledged that Haeberle’s request indeed had standing, but still wrongly claimed that he had to wait until a designated “window period” of time in order to resign from union membership.

Only when the NLRB Regional Office seemed poised to prosecute the violations did ITPE union officials back away from this illegal “window period” policy. The threat of prosecution forced ITPE union officials to admit Haeberle’s original union membership resignation letter was indeed effective, and they agreed to settle. ITPE union bosses must also now post a notice stating that they will no longer deny workers of their right to refrain from union membership or use “window periods” to prevent workers from exercising their right to resign from formal union membership.

“Union bosses are interested in one thing, and one thing only: money,” said Stefan Gleason, vice president of National Right to Work. “Workers should not have to get an attorney, nor face ugly union intimidation and stonewalling tactics, when they try to exercise their legal rights under Nevada’s popular Right to Work law.”

Houston, Texas (May 12, 2009) – With free legal assistance from the National Right to Work Foundation, nurses at the Cypress Fairbanks Medical Center have filed a decertification petition with the National Labor Relations Board (NLRB) to remove an unwanted union from their workplace.

The nurses’ decertification petition comes on the heels of the California Nurses Association (CNA) union’s decision to withdraw its controversial petitions for unionization at the Park Plaza and Houston Northwest medical centers. Hospital employees became increasingly disillusioned with union officials after many nurses raised concerns about conflict in the workplace and the quality of patient care.

The California Nurses Association union originally obtained its monopoly bargaining privileges at Cypress Fairbanks through a once-secret deal with Tenet Healthcare Corporation. Company officials agreed to provide union organizers with assistance as part of an “Election Procedures Agreement,” allowing CNA operatives to unionize the facility with relative ease.

The CNA-Tenet “Election Procedure Agreements” used in Houston and elsewhere typically included several provisions designed to quash anti-union dissent. Tenet managers were forbidden from answering hospital employees’ questions about unionization, and employees who opposed a union presence were prevented from using company facilities to express their views. CNA organizers, on the other hand, were given wide-ranging access to company grounds to facilitate unionization, as well as a list of employees’ home addresses.

The agreements between Tenet and the CNA also subverted the NLRB’s oversight role for workplace elections. Under the union’s scheme, the NLRB would merely count ballots and rubber stamp the union’s monopoly bargaining privileges instead of supervising the entire process.

After enduring a coercive CNA organizing campaign, nurses at Cypress Fairbanks filed an employee decertification petition to eject the union from their workplace. Once the NLRB confirms that the petition includes signatures from at least 30 percent of Cypress Fairbanks employees, federal administrators will supervise a secret-ballot election to determine whether the union hierarchy will retain its monopoly bargaining privileges.

“CNA operatives forced their union on these health care professionals using legally questionable tactics,” said Stefan Gleason, vice president of the National Right to Work Foundation. “We’re happy to report that these nurses will finally have their chance to send the CNA union bosses back to California.”

St. Louis, Missouri (April 29), 2009) – With free legal assistance from the National Right to Work Foundation, a St. Louis-based AT&T employee has filed unfair labor practice charges challenging a local area union’s compulsory dues requirements.

Despite resigning her union membership in 2004, Jeanette Burton of Imperial, Missouri was never informed of her right to opt-out of union dues used for politics and other non-bargaining activities. When Burton attempted to exercise her right to stop paying dues, Communication Workers of America (CWA) Local 6300 union officials ignored her objections and continued to collect full union dues from her paycheck.

Moreover, union officials continued to force Burton to pay dues after the union’s contract with AT&T expired in April 2009. The union’s previous agreement with AT&T contained a provision requiring nonmember employees to pay union dues for collective bargaining, but after the agreement lapsed, Burton could no longer be compelled to pay any dues to CWA officials.

CWA Local 6300 also failed to provide Burton with a federally-mandated audit of union financial expenditures, which is necessary to allow workers to determine whether they are being forced to pay more than can be required as a condition of employment.

Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, nonmember employees can be forced to pay certain union dues as a condition of employment, but they cannot be compelled to pay for politics, lobbying, public relations, and other non-bargaining activities. Union officials are also legally obligated to inform workers of these rights.

The Foundation’s unfair labor practice charges seek an end to all unlawful union deductions and guarantees that the union hierarchy will comply with its Beck obligations and reimburse nonunion workers’ forced dues. The case will now be investigated by the National Labor Relations Board.

“Workers shouldn’t have to jump through legal hoops just to protect their hard-earned paychecks,” said Stefan Gleason, vice president of the National Right to Work Foundation. “The only way to stop future abuse is to pass a Missouri Right to Work law, making all union dues strictly voluntary.”

Wilkes-Barre, Pennsylvania (April 28, 2009) – National Right to Work Foundation attorneys today filed suit in United States District Court for an employee forced to pay agency fees by Teamsters officials at a Luzerne County government office.

The plaintiff, Jeffrey McCabe, is currently employed by the Luzerne County Office of Children and Youth Services. Although International Brotherhood of Teamsters Local Union 401 is the monopoly bargaining agent for McCabe’s office, McCabe never joined the union or consented to pay union dues.

Despite McCabe’s nonunion status, Teamsters officials failed to provide him with a federally-mandated breakdown of union expenditures and forced him to pay for union activities unrelated to collective bargaining. Teamsters officials also failed to give McCabe adequate notice of payroll deductions for forced agency fees, preventing him from challenging the Teamsters’ dues collections.

Under the Foundation-won Supreme Court precedent Chicago Teachers Union v. Hudson, union officials are obligated to provide workers with an independent audit of union financial expenditures. Although employees may be forced to pay certain union dues as a condition of employment, they cannot be compelled to fund union activities unrelated to workplace bargaining. An independently-verified financial audit is required by law to ensure nonunion employees are not compelled to pay for non-bargaining activities.

The Foundation’s lawsuit seeks an immediate, court-ordered injunction to prevent further union paycheck deductions, a court order requiring the union to ensure workers have access to information on union expenditures, an order preventing the union from collecting dues unrelated to collective bargaining, and monetary damages for McCabe.

“Giving union officials free reign to deduct money from workers’ paychecks is an open invitation to abuse,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Enacting a Pennsylvania Right to Work law to make union dues fully voluntary is the only way to ensure employees are protected from avaricious union bosses.”

School Bus Drivers File Charges against AFSCME Union for Illegal Threats, Dues Collections

Lack of Right to Work law leads to ugly union abuse of workers

Indianapolis, IN (April 24, 2009)– With free legal aid from staff attorneys at the National Right to Work Foundation, three bus drivers have filed federal unfair labor practice charges against union bosses for an illegal scheme to bully nonmember employees into paying full union dues.

Barry Hickman, Connie Hickman, and Thomas Spencer II drive school buses for First Student, where they are forced to accept the “representation” of American Federation of State, County and Municipal Employees (AFSCME) Local 3826. In March and April 2008, Barry and Connie Hickman sent two letters each to AFSCME Council 62, the regional body which handles the local’s objection policy, objecting to pay for non-bargaining costs they could not be required to financially support. Spencer sent a similar objection letter in May.

Because Indiana is not yet a Right to Work state, nonmembers may be fired from their jobs for refusal to pay compulsory fees to a union with which they want nothing to do. However, union officials may not lawfully compel nonmembers to pay for activities like political activism, lobbying, and member-only events.

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Read the full release here.

Indianapolis, IN (April 24, 2009) – With free legal aid from staff attorneys at the National Right to Work Foundation, three bus drivers have filed federal unfair labor practice charges against union bosses for an illegal scheme to bully nonmember employees into paying full union dues.

Barry Hickman, Connie Hickman, and Thomas Spencer II drive school buses for First Student, where they are forced to accept the “representation” of American Federation of State, County and Municipal Employees (AFSCME) Local 3826. In March and April 2008, Barry and Connie Hickman sent two letters each to AFSCME Council 62, the regional body which handles the local’s objection policy, objecting to pay for non-bargaining costs they could not be required to financially support. Spencer sent a similar objection letter in May.

Because Indiana is not yet a Right to Work state, nonmembers may be fired from their jobs for refusal to pay compulsory fees to a union with which they want nothing to do. However, union officials may not lawfully compel nonmembers to pay for activities like political activism, lobbying, and member-only events.

AFSCME union bosses, however, did not acknowledge the objection letters and failed to provide the employees with a notification of their rights under the Foundation-won Beck v. Communication Workers of America. Under Beck, unions must also provide such employees with an audited breakdown of chargeable expenses.

In September, AFSCME union officials deducted full union dues from the paychecks of the Hickmans, Spencer, and other similarly situated employees, even though the employees never authorized dues deduction. Two months later, union bosses threatened that the employees would be fired by First Student if they did not join the union and sign dues deduction authorization cards.

In mid-January, AFSCME union brass finally provided the Hickmans with a notice of objection policy but informed them that they would need to send new objection letters by January 31, even though they had already each formally objected twice in the last year. Union officials never provided Spencer with such a notice at all.

In charges filed with the National Labor Relations Board, Foundation attorneys argue that AFSCME union chiefs violated their duty of fair representation under federal labor law by deducting full union dues without the employees’ consent, failing to provide Beck notices before deducting dues, and illegally threatening the employees for exercising their absolute right to refrain from formal union membership.

“Time and time again, union bosses trick, mislead, and threaten employees to pay union dues to fund their agenda,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Only a Right to Work law in Indiana will protect against these heavy-handed tactics.

10th Circuit Agrees With Right to Work Foundation: Utah Unions Have No Right to Payroll Deduction for Politics

But a more effective alternative would have been stopping government payroll deduction for all union dues

Salt Lake City, UT (April 22, 2009) – The U.S. Court of Appeals for the Tenth Circuit yesterday reversed itself and ruled to uphold a Utah statute prohibiting union officials from using payroll deduction to divert teachers’ and other government workers’ money into union electioneering.

“Utah has a legitimate interest in avoiding the reality or appearance of government entanglement with partisan politics” and Utah’s Voluntary Contributions Act “plainly serves the State’s interest in separating public employment from political activities,” the court held.

The National Right to Work Foundation joined in an amici brief with the Utah-based Sutherland Institute (and others) to defend the Utah statute which had previously been struck down. After initially siding with union attorneys who argued the law somehow violated the constitutional rights of the union, the Tenth Circuit put the case on hold pending the outcome of a U.S. Supreme Court ruling involving a similar Idaho statute.

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Click here to read the rest of the Foundation’s press release. The Deseret News covered the reversal here.

Salt Lake City, UT (April 22, 2009) – The U.S. Court of Appeals for the Tenth Circuit yesterday reversed itself and ruled to uphold a Utah statute prohibiting union officials from using payroll deduction to divert teachers’ and other government workers’ money into union electioneering.

“Utah has a legitimate interest in avoiding the reality or appearance of government entanglement with partisan politics” and Utah’s Voluntary Contributions Act “plainly serves the State’s interest in separating public employment from political activities,” the court held.

The National Right to Work Foundation joined in an amici brief with the Utah-based Sutherland Institute (and others) to defend the Utah statute which had previously been struck down. After initially siding with union attorneys who argued the law somehow violated the constitutional rights of the union, the Tenth Circuit put the case on hold pending the outcome of a U.S. Supreme Court ruling involving a similar Idaho statute.

National Right to Work Legal Defense Foundation attorneys successfully argued in their briefs in Utah Education Association et al. v. Mark Shurtleff – just as they did at the U.S. Supreme Court in Ysursa v. Pocatello Education Association at al. – that unions have no constitutional right to use government resources to deduct dues from workers’ paychecks.

“The recent Supreme Court’s decision and now this Tenth Circuit ruling makes clear what should have been obvious: union officials have no constitutional right to use government resources to line their pockets,” said Stefan Gleason, vice president of the National Right to Work Foundation. “It is bad public policy for government bodies essentially to act as bagmen for union political monies.”

“But there was a much more effective way to address this problem. The Utah legislature should simply have banned all union payroll deductions, not just those for narrowly defined political activities,” continued Gleason. “Unfortunately, the definition of politics covered by such laws is so narrow that union bosses are essentially able to continue business as usual.”

Since Utah is a Right to Work state, employees have the right to refrain from union membership and cannot be lawfully compelled to pay any dues whatsoever to a union. Employees who wish to ensure none of their dues are spent to promote a union’s agenda can best do so by exercising their Right to Work.