Jacksonville, FL (November 22, 2004) – Local United Parcel Service (UPS) workers filed federal unfair labor practice charges against Teamsters Union Local 385 today after union officials repeatedly failed to accept their resignations from the union and continued to deduct full union dues from their paychecks.

Johnny Bass, Kenneth Johnson, James Jones, Tina Kelly, Michael Ellis, and Diane Jeppson obtained free legal assistance from attorneys with the National Right to Work Legal Defense Foundation and filed the charges with the National Labor Relations Board (NLRB) after union officials repeatedly refused to honor the employees’ freedom of association rights.

The employees allege that the Teamsters union practices are part of a pattern of discrimination against similarly situated employees who wish to exercise their rights to refrain from union affiliation. A prosecution would likely force union officials to honor the resignations of all dissenting employees at the Jacksonville facility and refund any unlawfully seized dues. The NLRB will now investigate the charges and decide whether to issue a formal complaint in the case.

“Union officials want workers like these to simply shut up and pay up,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Rather than offering employees services to compete for representation rights, union officials are unlawfully corralling workers into union collectives.”

The actions of Teamsters officials violated employee rights explicitly recognized under the U.S. Supreme Court Pattern Makers v. NLRB decision. Under Pattern Makers and subsequent NLRB rulings, union officials are obligated to honor the resignation of employees from a union at any time.

Additionally, Teamsters officials violated the spirit of Florida’s highly-popular Right to Work law, on the books since 1968, which prevents workers from having to join or pay dues to an unwanted union.

“Unfortunately, even in states like Florida where Right to Work protections exist, workers continue to face the heavy-handed tactics of union officials,” said Gleason.

Washington, DC (November 16, 2004) – National Right to Work Foundation attorneys today hand delivered an emergency request to the Federal Election Commission (FEC) asking the agency to obtain a federal court injunction to halt rampant document destruction by America Coming Together (ACT) staff. This occurred just as the Foundation’s vice president, Stefan Gleason, filed a formal complaint into ACT’s funding.

Filed last week on behalf of employees, the complaint alleges that Service Employees International Union (SEIU) officials handed over tens of millions of dollars of workers’ forced union dues to ACT. Some of those funds were, in turn, spent illegally to finance political campaigns through the Democrat National Committee (DNC).

Jeffery A. Williams, police officer and President of Fraternal Order of Police Lodge 25 in Orlando, Florida, supplied Foundation attorneys with photos and a sworn statement. The photos reveal numerous bags of newly shredded documents at an ACT office after allegations surfaced that tens of millions of dollars of the group’s funding came unlawfully in the form of workers’ union dues. It is suspected that similar shredding is occurring at numerous ACT offices across America. Foundation attorneys are today calling on the FEC to obtain immediately an injunction from a U.S. District Court to prevent ACT from destroying any potentially relevant evidence to an FEC investigation.

The FEC complaint cites numerous statements by SEIU head Andrew Stern about the use of workers’ forced union dues to fund ACT. Stern stated earlier this month “that SEIU is the largest contributor to America Coming Together at $26 million.” ACT spent over $100 million dollars in this fall’s elections on the campaigns of candidates a large portion of union members do not support.

ACT then used some of those funds to underwrite political fundraisers for the DNC. For example, artwork fundraising events held by ACT across America raised more than $750,000 for the DNC where attendees were given expensive artwork prints in exchange for individual donations of at least $1,000. Meanwhile, in statements made to the press earlier this year, Stern openly bragged that SEIU officials intended to give funds paid by “regular dues-paying members” to ACT political activities.

Under federal law, union officials specifically must not contribute to political campaigns using “dues, fees or other moneys required as a condition of membership in a labor organization.” In doing so, states the complaint, SEIU union officials violated the rights of workers who are required, as a condition of employment, to make forced-dues payments to the union who may not agree with the political aims of SEIU officials, ACT or the DNC.

“SEIU officials used the hard-earned wages of rank-and-file workers to bankroll the campaigns of hundreds of political candidates across America,” stated Gleason. “No one should be forced to pay compulsory dues to a union, especially when its officials continually abuse that government-granted special privilege.”

The FEC is the government agency charged with investigating the Foundation’s complaint.

Washington, DC (November 10, 2004) – The National Right to Work Legal Defense Foundation today filed a complaint with the Federal Election Commission (FEC) against the Service Employees International Union (SEIU) for unlawful electioneering with workers’ dues during this fall’s elections.

The complaint alleges that SEIU union officials handed over tens of millions of dollars of workers’ forced union dues through a so-called “527” political organization called America Coming Together (ACT). Some of those funds were, in turn, spent illegally to finance political campaigns through the Democrat National Committee (DNC).

Filed by Foundation Vice President Stefan Gleason, the complaint cites numerous statements by SEIU officials about their use of workers’ forced union dues to fund ACT. In fact, SEIU union chief Andrew Stern stated earlier this month “that SEIU is the largest contributor to America Coming Together at $26 million.” ACT spent over $100 million dollars in this fall’s elections on the campaigns of candidates that polls consistently show a large portion of rank-and-file union members do not support.

ACT then used some of those funds to underwrite political fundraisers for the Democrat National Committee. For example, artwork fundraising events held by ACT across America raised more than $750,000 for the DNC where attendees were given expensive artwork prints in exchange for individual donations of at least $1,000. Meanwhile, in statements made to the press earlier this year, Stern openly bragged that SEIU officials intended to give funds paid by “regular dues-paying members” to ACT political activities.

Under federal law, union officials specifically must not contribute to political campaigns using “dues, fees or other moneys required as a condition of membership in a labor organization.” In doing so, states the complaint, SEIU union officials violated the rights of workers who are required, as a condition of employment, to make forced-dues payments to the union who may not agree with the political aims of SEIU officials, ACT or the DNC.

“SEIU officials used the hard-earned wages of rank-and-file workers to bankroll the campaigns of hundreds of political candidates across America,” stated Gleason. “No one should be forced to pay compulsory dues to a union, especially when its officials continually abuse that government granted special privilege.”

The FEC is to investigate the Foundation’s complaint and will decide whether to begin a formal investigation of the SEIU union’s electioneering.

Anchorage, Alaska (November 1, 2004) – A three-member panel of the National Labor Relations Board (NLRB) has ordered that results from a union decertification election be set aside and that a new election be held that could strip officials of Teamsters Union Local 959 of their monopoly representation power over roughly 250 school bus drivers.

The company, First Student, Inc., provides school bus services to the Anchorage School District.

The federal labor agency’s order affirms the findings in a report issued by a hearing officer of the NLRB’s Regional Office for Alaska. That report found “serious and extensive” company interference by enforcing an “overly broad rule” limiting employees’ rights to distribute pro-decertification literature leading up to the election.

With free legal aid from National Right to Work Foundation attorneys, school bus driver Jayne Larrassey filed objections to the May 2004 decertification election in which the Teamsters union narrowly maintained its status as the workers’ monopoly representative. The NLRB Region ordered a new election in July, but union officials appealed the decision to the full board, delaying the election.

The objections originated when Larrassey exercised her right to oppose the union hierarchy by distributing flyers in the company parking lot promoting the decertification of the Teamsters union as monopoly bargaining agent. However, union activists quickly seized the flyers from the vehicles and turned them over to the union steward, who then reported the incident to company officials.

Larrassey was then given a “verbal warning” by a company official and told that any further attempt to circulate pro-decertification literature would result in disciplinary action. Larrassey was reprimanded a second time on the day of the election when she stood in a non-work area and reminded people to vote.

The full NLRB upheld the hearing officer’s finding that First Student unfairly discriminated against Larrassey by imposing a new rule limiting her right to distribute literature. The Board ordered a new decertification election to take place on a date that its Regional Director deems appropriate.

“First Student employees will be allowed, once and for all, to decide their own representation in an atmosphere free from coercion,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

If a decertification election is successful, Teamsters union officials would lose their special privilege to act as the “exclusive bargaining representative” of the employees. All First Student employees then would be free to negotiate their own terms and conditions of employment and could be rewarded on their individual merit.

Visalia, Calif. (November 1, 2004) – The General Counsel of the California Agricultural Labor Relations Board (ALRB) has issued a formal complaint against the United Farm Workers (UFW) union for misrepresenting workers’ freedom of association rights across the state.

The complaint stems from unfair labor practice charges brought by a pair of PictSweet Mushroom Farms workers earlier this year alleging that UFW officials unlawfully collected full union dues from their paychecks and threatened dissenting workers with a loss of health benefits.

Obtaining free legal aid from National Right to Work Legal Defense Foundation attorneys, Guillermo Virgen and Gerardo Mendoza filed the class-action unfair labor practice charges on behalf of roughly 300 workers employed by PictSweet. Aside from unlawful dues seizures and threats, the ALRB will also pursue classwide relief against the UFW hierarchy for failing to inform thousands of laborers statewide that they have the right to certain procedural protections to assure that their forced union dues do not finance activities unrelated to collective bargaining.

The complaint is the second in a year involving the UFW union, following the ALRB’s issuing of a complaint in December 2003 against the UFW union for unlawfully ordering the mass firings of more than 150 Oxnard-area Coastal Berry employees who refused to pay full union dues in 2000.

“The UFW union hierarchy wants workers simply to shut up and pay up,” said National Right to Work Foundation Vice President Stefan Gleason. “This union hierarchy’s repeated refusal to respect workers’ freedom shows a clear disdain for the people that they claim to represent and for the rule of law.”

Virgen and Mendoza allege that UFW union officials intentionally misled workers by stating that all workers in the bargaining unit were required to pay full union dues as a condition of employment. UFW union officials also unlawfully failed to inform employees of their rights to object to paying for non-collective bargaining activities (such as union electoral politics), and the right to challenge the union’s fee calculations before an impartial decision- maker.

Union officials also demanded that workers sign dues check-off cards authorizing the automatic deduction of full union dues from their paychecks to keep their jobs. UFW officials then threatened workers with a loss of benefits if they failed to pay full dues and sign payroll deduction authorization cards. The actions of UFW union officials not only violated the California Agricultural Labor Relations Act, but also unlawfully infringed on constitutional rights recognized in several Foundation-won U.S. Supreme Court decisions.

Brevard County, Florida (October 22, 2004) – A local Kennedy Space Center worker filed federal charges against the International Alliance of Theatrical and Stagehand Employees (IATSE) Union Local 780 today after union officials denied his right not to subsidize union politics, failed to provide him with a legally mandated audit of union expenditures, and continued to seize full union dues from his paychecks after he notified them that he objected to joining or paying full dues.

Adam Nehr, an employee of InDyne Inc., which provides video and imaging services to NASA, obtained free legal assistance from attorneys with the National Right to Work Legal Defense Foundation and filed the unfair labor practice charges with the National Labor Relations Board (NLRB) after union officials repeatedly denied his right to refrain from formal union membership.

Nehr alleges that, in August 2004, he notified union officials that he would assert his right to refrain from full union membership and paying full union dues. However, union officials repeatedly demanded that he reconfirm his objection, refused to provide an adequate breakdown of union expenditures, and continued to deduct full union dues from his paycheck. The NLRB will now investigate the charge and decide whether to issue a formal complaint in the case.

“Union officials want workers like Adam Nehr to simply shut up and pay up,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Rather than respect the rights of workers they claim to represent, union officials are bullying workers to pay for political electioneering.”

The actions of IATSE union officials violated Nehr’s rights recognized under the Foundation-won U.S. Supreme Court Communications Workers v. Beck decision. Under Beck and subsequent NLRB rulings, union officials must inform employees of their right to refrain from formal union membership and the right not to be forced to pay for costs unrelated to collective bargaining, such as union political activity.

Florida’s highly popular Right to Work law, on the books since 1968, normally prevents workers from having to pay dues to an unwanted union. However, the part of Kennedy Space Center on which Nehr works is an “exclusive federal enclave” that instead falls under the jurisdiction of federal labor laws that authorize compulsory unionism.

“Unfortunately, even in states like Florida where Right to Work protections exist, workers continue to face such heavy-handed tactics on behalf of union officials,” said Gleason.

Solon, Ohio (October 19, 2004) – A local worker filed federal charges against the Bakery and Confectionary Workers Union Local 19 today after he exercised his right not to subsidize union political activities and was unlawfully fired for refusal to join the union and sign a dues “check-off” card.

Steven Taday, an employee of Schwebel Baking Company, Inc., obtained free legal assistance from attorneys with the National Right to Work Legal Defense Foundation and filed the unfair labor practice charges with the National Labor Relations Board (NLRB) after union officials had the company fire him for refusing to sign a card authorizing automatic dues deductions from his wages.

The new charges complement similar unfair labor practice charges filed last month against Schwebel Baking for unlawfully firing Taday.

Taday alleges that, beginning in February 2004, union officials misrepresented his rights by telling him he had to maintain full union membership and sign a dues check-off authorization allowing the automatic deduction of union dues from his paycheck as a condition of employment. The NLRB will now investigate the charge and decide whether to issue a formal complaint in the case.

“Union officials want workers like Steven Taday to simply shut up and pay up,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Rather than respect the rights of workers they represent, union officials are bullying workers to pay for political electioneering.”

Taday’s firing from Schwebel, which employs more than 300 people, violated his rights recognized by the Foundation-won U.S. Supreme Court Communications Workers v. Beck decision. Under Beck and subsequent NLRB rulings, union officials must specifically inform employees of their right to refrain from formal union membership and the right not to be forced to pay for costs unrelated to collective bargaining, such as union political activity.

“Unfortunately, as long as Ohio workers labor under a system of compulsory unionism, these sorts of abuses will continue to plague workers across the state,” said Gleason.

Fairfield, Calif. (October 6, 2004) — Two employees of Anheuser Busch have filed federal charges against a Teamsters union local for violating the terms of a recent settlement agreement and threatening to have workers fired for refusing to comply with union officials’ unlawful monetary demands.

Catherine Anderson and Noemi Palmas, part-time employees at Anheuser Busch’s Fairfield and Van Nuys facilities, respectively, filed the unfair labor practice charges at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Foundation attorneys.

As a result of earlier federal charges filed by Anderson and Palmas in July 2003, NLRB prosecutors forced Teamsters Local 896 officials to settle the cases with a requirement that they properly inform workers of their right to refrain from financially supporting the union’s political and ideological causes. Teamsters officials had also agreed to cease illegal threats to have workers dismissed for refusal to pay excessive initiation fees and agreed to provide workers refraining from formal union membership “a precise and accurate statement” about the calculation of the forced dues.

Anderson and Palmas today allege that since signing the settlement agreement, Teamsters officials have
ordered some workers to pay a union “initiation” fee for a second time, continued to charge nonmembers nearly full dues, and failed to provide a legally mandated audit of union expenditures. Additionally, union officials require that workers wishing to refrain from formal union membership must renew their objections each year, and they demand that workers show up in person at the union hall to settle all past debts with the union. A refusal to comply with these unlawful demands would result in the employee’s termination.

“This Teamsters union hierarchy wants workers simply to shut up and pay up,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “The repeated attempts by union officials to run roughshod over workers’ rights show the inevitable greed and corruption that flow from forced unionism.”

The actions of Teamsters union officials violated worker protections recognized in the U.S. Supreme Court ruling in Communications Workers v. Beck, a case argued and won by Foundation attorneys. Under the Beck ruling, workers may not be compelled to pay dues beyond the union’s proven collective bargaining costs, and they are entitled to an independent audit of union expenditures before any forced dues or fees are seized.

Washington, DC (October 6, 2004) – The National Labor Relations Board (NLRB) Regional Director has filed a formal complaint – ordered by the NLRB’s General Counsel – against a Daimler-Chrysler subsidiary for withholding pay raises as part of a strategy to coerce employees into ceding to unwanted unionization.

Meanwhile, National Right to Work Legal Defense Foundation attorneys helped Freightliner employees David Roach and Mike Ivey file a second unfair labor practice charge alleging the United Auto Workers (UAW) union and the company engaged in unlawful premature bargaining over numerous substantive terms and conditions of employment – despite the fact that an overwhelming majority of employees signed a petition opposing the UAW union’s organizing efforts.

The NLRB complaint targets the withholding of scheduled pay increases as a way of coercing employees to select UAW union officials as their workplace representative. Documents obtained by Foundation attorneys indicated that company officials posted notices announcing that previous increases were delayed because of the union organizing campaign.

Approximately 70 percent of the plant’s employees signed a petition stating that they reject union affiliation and prefer to negotiate directly with company officials over wages and benefits. However, the UAW union and Freightliner continued to enforce a “neutrality agreement” that included a series of prearranged terms and conditions of employment in exchange for active employer assistance during the union organizing drive.

Under most “neutrality agreements,” union organizers are given full access to non-union employees’ personal information and company facilities. Also, workers are usually denied the ability to decide their representation through a secret ballot election, and union operatives are allowed to sign up workers under a coercive “card check” authorization scheme.

“Freightliner and UAW officials cut a backroom deal to corral workers into union affiliation against their wishes by holding their wage increase hostage,” said Foundation Vice President Stefan Gleason. “While an overwhelming majority of workers simply don’t want the union around, Freightliner and the UAW union are refusing to get the message.”

The issuance of this complaint follows precedent-setting orders issued last month by the NLRB General Counsel that unfair labor practice complaints be issued in a series of employee cases challenging organized labor’s predominant “card check” organizing method. Foundation attorneys convinced NLRB General Counsel Arthur Rosenfeld also to issue complaints based on unfair labor practice charges filed by workers who found themselves targeted for organization by the unwanted UAW union at Dana Corporation’s plants in Bristol, Virginia, and St. Johns, Michigan.

The NLRB has scheduled a November 15 hearing before an Administrative Law Judge to prosecute the Freightliner complaint.

Washington, D.C. (September 27, 2004) – National Right to Work Foundation attorneys have persuaded the General Counsel of the National Labor Relations Board (NLRB) to order the federal labor prosecution of Heartland Industrial Partners LLP and the Steelworkers union for corralling unsuspecting employees of acquired corporations into unionization.

David Stockman, President Reagan’s former budget director, heads the firm that entered the arrangement with the Steelworkers union. Foundation attorneys argue that the agreement is an unlawful “secondary boycott,” as it imposes unionization on other companies which they purchase or with which they conduct certain business.

NLRB General Counsel Arthur Rosenfeld’s order addresses an increasingly common “top-down organizing” tactic that is used to short-circuit traditional grassroots-driven union organizing drives that have been increasingly unsuccessful due to a lack of interest among rank-and-file employees.

With the help of attorneys from the National Right to Work Legal Defense Foundation, Linda Kandel, Galen Raber, Juanita Miller, and Renate Croll filed the unfair labor practice charges with the NLRB against the United Steelworkers of America (USWA) union and Heartland in August 2003.

As part of their pact with the USWA union, Heartland agreed to force any company in which it has substantial investments to accept a so-called “partnership agreement.” Under the terms of the “partnership agreement,” the company must deny employees an opportunity to vote in a traditional secret ballot election, give union organizers employees’ private information including home addresses, and ultimately force workers to pay union dues as a condition of employment.

Moreover, a newly acquired company must also impose the provisions of the “partnership agreement” on corporations it acquires or with which it does substantial business.

In return for this arrangement, Steelworkers union officials agreed to stifle employee rights under federal law and to limit employees’ ability to influence their own wages, benefits, and working conditions.

“Heartland and the USWA union are using their illegal sweetheart deal to force thousands and thousands of American workers into the clutches of compulsory unionism,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

This quid pro quo arrangement may also violate civil and criminal provisions of the Taft-Hartley Act.

Rosenfeld’s order complements a lawsuit filed by Foundation attorneys, Patterson et al. v. Heartland Industrial Partners LLP et al., challenging the “neutrality agreement” between Heartland and the USWA union. The suit was filed in federal court on behalf of Wanda Patterson, an employee of Collins & Aikman, in U.S. District Court for the Northern District of Ohio. In January, the U.S. District Court cleared the path for full discovery into details of the agreement, and the case is still pending.