8 Oct 2003

Department of Labor Waters Down Proposed Changes in Union Reporting Requirements

Posted in News Releases

SPRINGFIELD, Va. – National Right to Work Legal Defense Foundation President Mark Mix made the following statement on the Department of Labor’s announced changes in union financial disclosure requirements:

“Employees have long been kept in the dark as to how union officials spend their compulsory union dues. However, the new regulations issued today by the Department of Labor betray the goal of creating meaningful financial transparency contemplated at the beginning of this process. As part of an apparent effort to soften the blow to union officials who have opposed the notion of increasing union accountability from day one, several substantial, last-minute concessions were made.

“For example, the threshold for itemization of expenditures was raised to $5,000 from an originally proposed level of $250 (and later $2,000), allowing the concealment of a vast majority of union disbursements. The new disclosure requirements also fail to require any kind of independent audit or verification — an exemption that companies and non-profit organizations do not enjoy. And last, distinct categories of expenditures have been arbitrarily lumped together — such as lobbying and political activism and organizing and contract administration — thwarting employees from learning to what extent union officials are playing politics or recruiting more members to their private ideological cause using mandatory union dues.

“This last-minute gutting of the regulations betrays President Bush’s goal of creating meaningful union transparency. This entire process further demonstrates that the only way to rein in union corruption is to eliminate the special privileges union officials enjoy to force employees to join or support a union in the first place.”

29 Sep 2003

Millville Union Hit with Federal Charges for Illegal Seizure of Forced Union Dues for Politics

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Millville, NJ (September 29, 2003) — Enjoying free legal aid from attorneys with the National Right to Work Legal Defense Foundation, an employee of Friedrich & Dimmock glass tubing company filed federal charges against local union officials for denying his right to cut off payment of forced dues used for union politics.

Orville Ziennker, along with nine other non-union workers at Friedrich & Dimmock’s Millville plant, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against the Glass, Molders, Pottery, Plastics, & Allied Workers International (GMP) Union Local 219. The NLRB is responsible for investigating the charges and will decide whether to prosecute the union for unfair labor practices.

“GMP union officials’ actions show they only care about stuffing their coffers with union dues rather than respecting the wishes of rank-and-file employees they claim to represent,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

In July, a letter from the union to the workers failed to adequately detail both the Local and International union’s expenditures of their forced dues, including a breakdown of chargeable and non-chargeable union expenditures. Ziennker and his fellow workers are also challenging the union’s forced-dues objection procedure, which requires workers to file annual objections to paying for union ideological activities, and illegally strips them of their right to file charges with the NLRB challenging the amount of forced dues without first filing a challenge with the American Arbitration Association.

The actions of GMP union officials violate the Foundation-won Communications Workers v. Beck U.S. Supreme Court decision. Under Beck, workers are allowed to resign from formal union membership, and halt and reclaim the portion of forced union dues spent on activities unrelated to collective bargaining, such as union politics, organizing, and public relations. Union officials must also provide workers a list of activities they claim they can compel non-members to subsidize.

“No one should be forced to pay compulsory dues to a union, especially when its officials continually abuse that federally granted special privilege,” stated Gleason. “Until New Jersey workers enjoy the protections of a Right to Work law, workers will continue suffering this type of abuse at the hands of self-serving union officials.”

29 Sep 2003

Federal Government to Prosecute Nation’s Largest Teacher Union For Religious Discrimination

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Cleveland, Ohio (September 29, 2003) – The Equal Employment Opportunity Commission (EEOC) has found that officials of the National Education Association (NEA) teacher union and several affiliates are repeatedly violating the rights of teachers of faith to refrain from unwanted union affiliation on the basis of their sincerely held religious beliefs.

The formal determination released in recent days by EEOC officials comes on the heels of a two-year battle waged for teachers of religious faith by attorneys with the National Right to Work Legal Defense Foundation that led to congressional hearings, sustained national media coverage, and ultimately, a previous conciliation agreement requiring the unions to refrain from hamstringing and harassing teachers who asserted religious objections to supporting a union they believe to be involved in immoral activities.

The conciliation agreement signed last fall, which EEOC officials have now determined the the NEA, Ohio Education Association, and a local affiliate union have violated, required union officials to process teachers’ religious objections in a timely fashion and not to require a renewed objection each year.

“This outrageous and repeated religious discrimination by NEA officials shows they think they are above the law and they have no respect for people of faith,” said Stefan Gleason, Vice President of the National Right to Work Legal Defense Foundation. “These tactics are designed to harass and deter teachers who consider objecting to the NEA’s radical political and social agenda.”

Under Title VII of the Civil Rights Act of 1964, union officials may not force any employee to financially support a union if doing so violates the employee’s sincerely held religious beliefs. In order to accommodate the conflict between an employee’s faith and a requirement to pay fees to a union he believes to be immoral, the law allows employees instead to donate that money to charity.

The unions’ continuing violations of Title VII became apparent during the investigation of charges filed at the EEOC. Foundation attorneys helped William Morgan, a practicing Quaker and custodian at Mentor Public Schools, who asserted a religious objection to supporting the union because it promotes pro-abortion and pro-homosexuality positions. In January 2003, Morgan asked the union hierarchy to accommodate his sincere religious objection, but he was rebuffed and union officials insisted he pay a fee to support the NEA and its affiliates.

17 Sep 2003

Legal Foundation to Assist Cintas Employees Harassed by UNITE Union Organizers

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SPRINGFIELD, Va. (September 17, 2003) – The National Right to Work Legal Defense Foundation announced that it will offer free legal aid to Cintas employees whose rights are violated by union organizers from the Union of Needletrades, Industrial, and Textile Employees (UNITE).

Currently UNITE organizers are involved in a top-down organizing drive, also known as a “corporate campaign,” intended to bully Cintas to force its employees to accept compulsory unionism. In spite of a growing number of voluntary petitions signed by workers in cities ranging from New York City, to Chicago, to San Francisco asking UNITE to leave them alone, union organizers have stepped up their efforts to pressure Cintas and its employees.

If UNITE organizers are successful in their “corporate campaign,” Cintas employees could be denied the opportunity to vote on union representation through a secret ballot election. Instead UNITE organizers could use the highly coercive card-check process. These card-check drives often involve the use of intimidating “home visits,” joint union/employer captive audience speeches, video taping of workers entering and leaving work, and other pressure tactics.

In fact, in a recent National Labor Relations Board ruling, UNITE was stripped of its illegally obtained bargaining power for using coercive tactics in an organizing drive in New York. Desperate for a new source of forced union dues, UNITE President Bruce Raynor said regarding Cintas, “it’s the right thing to do… to break the back of this employer.”

Regarding Cintas, Raynor went on to say, “I don’t know how long it will take to bring Cintas down… but mark my words: We will.”

Workers who have been threatened by UNITE organizers or feel their rights have been violated and wish to request legal assistance may send an e-mail message to legal@nrtw.org or call the Foundation toll-free at 800-336-3600.

4 Sep 2003

Federal Government to Prosecute Teamsters Union Local For Violating the Rights of Diehl Employees

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DEFIANCE, Ohio (September 4, 2003) — In response to charges brought by employees at Diehl, Inc.’s evaporated milk plant, the General Counsel of the National Labor Relations Board issued a formal complaint against Teamsters Local 908 for unfair labor practices. An administrative law judge will hold a hearing on the complaint on January 12, 2004.

With the assistance of National Right to Work Foundation attorneys, Donald Manis filed federal charges in August and September 2001 against union officials for preventing him and his coworkers from exercising their right to reclaim forced union dues spent for politics and other non-bargaining activities.

“Teamsters union bosses go to great lengths to force workers to pay for their ideological agenda,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

An agreement between Teamsters officials and Diehl forces all employees to pay union dues to keep their jobs. Under the Foundation-won U.S. Supreme Court CWA v. Beck decision, employees cannot be forced to pay union dues for activities unrelated to collective bargaining, like politics and organizing.

Union officials demanded the dues despite the fact that they had not provided, as required by the Foundation-won U.S. Supreme Court Chicago Teachers Union v. Hudson decision, the employees with an independent audit breaking down union expenditures. Local 908 officials also unlawfully required employees to send multiple objection letters before being allowed their right to review the union’s finances, and they forced employees to pay for part of the cost of arbitration regarding the amount of the reduced dues objectors pay.

Foundation attorneys are demanding that union officials return any illegally seized forced union dues, provide proper financial disclosure, and halt their practice of forcing objecting employees to go through an excessive bureaucratic process before being able to exercise their rights.

4 Sep 2003

Alpena Union Hit with Federal Charges for Illegal Seizure of Forced Union Dues

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Alpena, Mich. (September 4, 2003) — Obtaining free legal aid from attorneys with the National Right to Work Legal Defense Foundation, a Besser Company employee filed federal charges against local officials of the Boilermakers union for illegally forcing him to pay full union dues, including dues spent for politics.

James Martin, an employee at Besser Company’s Alpena plant, filed the unfair labor practice charges with the National Labor Relations Board (NLRB) against the International Brotherhood of Boilermakers (IBB) Union Local D-472. The NLRB is responsible for investigating the charges and will decide whether to prosecute the union for unfair labor practices.

“These union officials’ actions show they care more about stuffing their coffers than respecting the wishes of rank-and-file employees they claim to represent,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

Within the past six months, Martin notified IBB union officials of his resignation from the union and intention to pay only those costs directly related to collective bargaining. Union officials have illegally continued seizing full union dues from Martin, despite never having provided a legally mandated audit to prove his dues were not funding unrelated activities.

The actions of IBB union officials violate the Foundation-won Communications Workers v. Beck U.S. Supreme Court decision. Under Beck, workers are allowed to resign from formal union membership and halt and reclaim the portion of forced union dues spent on activities unrelated to collective bargaining, such as union politics, lobbying, and public relations. In addition, objecting workers are entitled to an independent audit to verify they are not subsidizing such activities.

“No one should be forced to pay compulsory dues to a union, especially when its officials continually abuse that federally granted special privilege,” stated Gleason. “Until Michigan workers enjoy the protections of a Right to Work law, workers will continue suffering this type of abuse at the hands of self-serving union officials.”

29 Aug 2003

AFL-CIO Announces it Will Not Debate – or Even Appear on the Same Television Show – as National Right to Work

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SPRINGFIELD, Va. (August 29, 2003) – In a stunning move, the AFL-CIO has flatly rejected CNN’s request that they appear for a Labor Day weekend television discussion about the union movement with a spokesman from the National Right to Work Foundation, an organization that is providing free legal assistance to thousands of victims of union coercion and abuse.

Foundation Vice President Stefan Gleason was booked to appear on the national cable network to debate representatives from the AFL-CIO on the relevance of today’s union movement and issues such as whether union officials truly represent the interests of rank-and-file workers. Rather than debate, union operatives ultimately pressured the network to cancel the National Right to Work Foundation in favor of an opponent from the business community which would allow the AFL-CIO to frame the issue as “business vs. workers.”

An AFL-CIO operative stated that they, “…absolutely will not even appear on any single solitary program even like (sic) within the same hour as somebody from the National Right to Work.”

“This begs the question, what is the AFL-CIO afraid of?” asked Gleason. “The fact that they refuse to appear is the real story.”

Attorneys from the National Right to Work Foundation are representing victims of abuse from AFL-CIO affiliated unions in more than 200 legal-aid cases nationwide. Foundation spokesmen welcome the opportunity to discuss — or debate — any issues related to the following topics:

  • How Big Labor’s political agenda is out of step with many rank-and-file workers;
  • Big Labor’s new push to advance forced unionism using top down organizing tactics – rather than traditional grassroots organizing efforts.
  • Examples of abuse resulting from forced union membership, union violence, violations of religious freedom, and other violations of employee individual rights.
  • The growing support for job-producing Right to Work laws which make union membership strictly voluntary.

To schedule an interview call Daniel Cronin at 703-770-3317.

29 Aug 2003

National Right to Work To Triple Pro Bono Assistance to Workers Facing Abusive Union Organizing Tactics

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CINCINNATI, Oh. (September 1, 2003) – National Right to Work Legal Defense Foundation President Mark Mix will today attend the AFL-CIO’s national Labor Day rally (cohosted by the Union of Needletrades, Industrial, and Textile Employees [UNITE], and the Teamsters in Cincinnati, Ohio) for the purpose of briefing the media regarding the systematic abuse of employees under the emerging organizing method known as top-down organizing.

As an organization with an annual budget of over $6 million and with the sole mission to provide free legal aid to employees whose human and civil rights are violated by compulsory unionism abuse, the Foundation is announcing that it will triple the resources spent on defending employees against these emerging methods that involve a strategy of joint employer/union coercion of employees in the decision of whether to unionize. The following is Mr. Mix’s statement:

“Responding to an overwhelming number of pleas for help from rank-and-file employees facing these abusive union organizing tactics, the Foundation will immediately triple funding for its Top-Down Organizing Task Force, providing even greater legal assistance to employees who find themselves the targets of top-down organizing tactics such as ‘neutrality agreements.’

“UNITE is a leading union in the practice of denying employees an opportunity to vote on union representation through the less-abusive secret ballot election process – instead resorting to a highly coercive card-check process. These card-check drives often involve the use of intimidating ‘home visits,’ joint union/employer captive audience speeches, video taping of workers entering and leaving work, and other pressure tactics. In one very recent case, UNITE officials were involved in an allegedly fraudulent card count.

“Two weeks ago, employees at a major Warnaco, Inc. facility in Pennsylvania filed federal charges after more than 60 percent signed statements that they did not sign a union card, and others have declared that they felt coerced to sign a card, yet UNITE officials were granted exclusive representation status anyway.

“With a greater commitment of resources dedicated to defending against these heavy-handed organizing tactics, we are confident Foundation attorneys can reverse this troubling trend. Currently, Foundation attorneys are assisting numerous groups of employees who are subject to “neutrality agreements” and other top-down organizing techniques, in states including Ohio, Pennsylvania, South Carolina, Tennessee, Michigan, and Kentucky. (Foundation attorneys have also recently filed cases against the UAW and Steelworkers unions as well as companies such as Johnson Controls, Inc. addressing abuses flowing from such arrangements.)

“Despite their rhetoric, many union organizers are less interested in building voluntary support among rank-and-file workers than in the old days. Facing hemorrhaging membership, they are most concerned with maintaining a steady flow of compulsory union dues. This is why they are using ‘corporate campaign’ tactics to force more companies, like Cintas, to sign “neutrality agreements.” Since Cintas employees at more than 40 facilities in the past year have tossed the union out from the bottom up, UNITE officials are desperately attempting to organize Cintas from the top down.”

15 Aug 2003

Dana Corp. and UAW Hit With Federal Charges For Surprise Deal to Impose Union on Employees

Posted in News Releases

Elizabethtown, Ky. (August 15, 2003) – With the help of attorneys with the National Right to Work Legal Defense Foundation, an Elizabethtown-area worker today filed federal charges challenging an agreement signed in recent days between Dana Corporation and the United Auto Workers (UAW) union, on the grounds that it violates employees’ right to refrain from union representation.

Pam Lippe, an employee of Dana Corporation, obtained free legal aid from Foundation attorneys to file unfair labor practice charges with the National Labor Relations Board (NLRB). The charges seek an NLRB injunction against the UAW and Dana Corporation, blocking implementation of the agreement which has already included pro-union “captive audience” speeches given by Dana executives, prohibition of employee-generated signs opposing the union, and refusal to allow employees to void previously signed union authorization cards.

Bowing to pressure from UAW organizers, and the threat of lost job opportunities with the “Big Three” automakers, Dana Corporation suddenly signed a so-called “neutrality agreement” with the union. At the same time, union organizers will likely cancel an NLRB-supervised secret-ballot election scheduled for early September, fearing that a majority of Dana workers intended to vote against union representation. Previous efforts by the UAW to organize the facility have failed – with over 60 percent of workers voting against unionization in an election held in 2002.

“This is a perfect example of union organizers doing whatever they can to stuff their coffers at the expense of workers,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Agreements like this are an example of the greed and corruption that flow from compulsory unionism.”

In recent days, Dana officals organized “captive audience” speeches where employees were told that, if they did not support unionization, they could risk job losses and potential plant closings. As part of its pact, with the UAW, Dana suddenly refused to allow employees to post signs voicing opposition to union affiliation.

In addition, the secret ballot election scheduled for September 10, 2003 will likely be cancelled, as union operatives sign up workers under a “card check” authorization scheme. Under the “card check” unionization process, workers are often misled, harassed, or threatened into signing authorization cards.

This week Dana management and the UAW notified employees they had established an arbitrary three-day “window period” during which workers could rescind previously signed authorization cards, but only by directly contacting certain UAW organizers – who have refused even to answer the phone number provided to the employees. When workers want to rescind their card they are unable to find the designated organizer.

On Monday, August 25, 2003, the UAW and Dana will apparently hold a “card count” to determine if the union is the new exclusive bargaining representative of the workers, even though it will include illegitimate cards from workers who were not able to rescind their union authorization. Many workers have signed petitions stating that they wanted their union authorization cards revoked, but in further violation of the workers’ right to reject union affiliation, Dana and UAW officials have said they would ignore the workers’ petition.

11 Aug 2003

Union Officials Hold Wage Increase Hostage to Force Workers to Accept Unwanted Union Affiliation

Posted in News Releases

Gaffney, S.C. (August 11, 2003) – With the help of attorneys with the National Right to Work Legal Defense Foundation, two Gaffney-area workers today filed federal charges against Freightliner, Daimler-Chrysler, and the United Auto Workers (UAW) union for withholding pay raises as part of a strategy to coerce employees into ceding to unionization.

Although an overwhelming majority of employees have signed a petition opposing the UAW union’s organizing efforts, Freightliner is bargaining with the union over the employees’ wages and terms of employment.

In response, Freightliner employees David Roach and Mike Ivey obtained free legal aid from Foundation attorneys to file unfair labor practice charges with the National Labor Relations Board (NLRB). The charges seek an NLRB injunction against the UAW and Freightliner.

Roach and Ivey decided to file charges after UAW officials vetoed a long-scheduled and promised pay increase and effectively required a freeze on pay raises until the employees agree to unionization. Implementing a so-called “neutrality agreement” that requires the company to actively assist the UAW in its organizing efforts, Freightliner has, in effect, made the UAW its “company union,” even though the union enjoys negligible support from rank-and-file workers.

Approximately 70 percent of the plant’s employees have already signed a petition stating that they reject union affiliation and prefer to negotiate directly with company officials over wages and benefits. The petition states in part that the undersigned employees “recognize the destructive and self-serving behavior of the UAW, and its documented role in union violence, union corruption, and plant closures caused by featherbedding and other uneconomic union work rules.”

“UAW operatives are holding the wage increase hostage to force workers into union ranks,” stated Stefan Gleason, Vice President of the National Right to Work Foundation. “The employees simply don’t want the union around – but Freightliner and the UAW are refusing to get the message.”

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 reject unionization through a secret ballot election, and union operatives are allowed to sign up workers under a “card check” authorization scheme. If UAW officials sign up a majority of the workers, Freightliner would likely agree to recognize the union as the exclusive representative of all workers, even those who did not sign a card. Under the “card check” unionization process, workers are often misled, harassed, or threatened into signing authorization cards.

In recent years, as union organizers have had less success in persuading employees to vote for unionization during secret ballot elections, unions have focused on organizing employers. Bolstered by a series of Clinton NLRB rulings, union operatives increasingly use “neutrality agreements” and other “top-down” organizing techniques to force employers to recognize unions without a vote by the workers.