New Orleans, La. (June 5, 2003) – Five United Parcel Service (UPS) employees today filed federal charges against the Teamsters union for refusing to honor their membership resignations while continuing to illegally seize union dues from their paychecks. The employees are challenging a provision of the recently finalized collective bargaining agreement that requires UPS supervisors to “encourage” employees in Right to Work states to join the union despite clear law that prohibits such coercion.

With the help of attorneys with the National Right to Work Foundation, the five non-union employees filed the unfair labor practice charges with the National Labor Relations Board (NLRB) against the Teamsters Union Local 270. The NLRB is responsible for investigating the charges and will decide whether to prosecute the union for unfair labor practices.

“Teamsters 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 December, the five employees – Danny Mitchell, Lowell Mayo, Jason Oliver, Arlyn Bonano, and Allen Stall – resigned their memberships from the union and revoked their dues deduction authorizations. Teamsters union officials flatly ignored their resignations and continued illegally to seize full union dues from the workers.

Mitchell and the other workers are asking the NLRB to force the Teamsters union officials to honor their resignations and dues revocations. They seek an order forcing the union hierarchy to return any money that has been illegally confiscated from the workers since December.

In the charges, the workers are also challenging a contract provision requiring UPS officials in Right to Work states to tell new employees that they should become full dues-paying union members. The National Labor Relations Act prohibits employers from supporting unions and coercing employees into joining them.

In addition to running afoul of federal statutes, the agreement also violates the spirit of Louisiana’s popular Right to Work law. A state Right to Work law frees workers from being forced to join or to pay union dues or fees as a condition of employment.

Salt Lake City, Utah (June 4, 2003) – Threatened with losing their jobs simply because they had rejected unionization, over thirty Salt Lake City area workers are appealing a preliminary decision by a National Labor Relations Board (NLRB) regional office that whitewashes actions by union officials and a conglomerate of port employers to transfer Utah-based jobs to unionized marine clerks on the West Coast.

With the help of attorneys with the National Right to Work Foundation, over thirty non-union employees of Stevedoring Services of America (SSA) are filing an appeal in Washington, DC with NRLB General Counsel Arthur Rosenfeld. Unless Rosenfeld issues a complaint, the employees will likely lose their jobs simply because they chose to refrain from union representation.

Despite the fact that the employees’ case was based on well-established law, the NLRB regional office dismissed the unfair labor practice charges last month. Last February, several members of Utah’s Congressional delegation, including Senator Hatch, Senator Bennett, and Representative Cannon, urged the NLRB to take quick action to protect the employees.

“Now is the time for NRLB General Counsel Arthur Rosenfeld to step up and protect these workers from another blatant union power grab,” stated Stefan Gleason, Vice President of the National Right to Work Foundation. “It is wrong for employees to lose their jobs because they exercised their freedom of association.”

In November 2002, with the help of attorneys from the National Right to Work Legal Defense Foundation, the workers filed charges with the NLRB against the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association (PMA) for making an agreement that would require SSA to eliminate jobs at its non-union Salt Lake City facility.

The employees are responsible for tactical management of day-to-day activities and perform computerized planning work over the company’s rail, yard, and vessel functions. By insisting that this planning work instead be performed at new facilities at the ports staffed by unionized “marine clerks” rather than non-union employees, ILWU and PMA officials violate the employees’ right to refrain from unionization under federal law and Utah’s Right to Work Law. If allowed to stand, the NRLB’s decision solidifies union control over vital jobs performed by non-union employees.

Control over the clerk jobs was a top bargaining priority for the union hierarchy, whose actions sparked a $2-billion-a-day shutdown of West Coast ports last Fall. Before the 10-day lockout in October, the ILWU hierarchy employed a variety of work slowdown tactics, including deliberately understaffing key operations and sending workers to jobs for which they were not qualified, which made it impossible for the ports to function.

“The shutdown of West Coast ports was a naked attempt to exploit an economic crisis for the purpose of increasing union coercive power at the expense of workers,” said Gleason. “Unfortunately, this is not an isolated incident. Union bosses have a long history of using economic and wartime crises to grab power.”

San Diego, Calif. (May 15, 2003) — With the help of the National Right to Work Legal Defense Foundation, an employee of Raytheon Technical Services Company filed charges against union officials for refusing to honor her resignation from the union, threatening her with internal union “disciplinary” charges, and illegally fining her $3,300.

The employee, Diana Huynh, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against the Electronic and Space Technicians (EST) Local 1553 and its affiliate, the Southwest Regional Council of Carpenters (SWRCC). The NLRB is responsible for investigating the charges and will decide whether to prosecute the union for unfair labor practices.

“This is a clear case of union bosses trampling the rights of the workers they claim to represent,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

The case began in August 2002, when Huynh notified EST and SWRCC union officials of her resignation from the union. EST Local 1553 officials claimed to accept her resignation, but nevertheless threatened to “discipline” Huynh. In an attempt to further harass Huynh, on April 28, union officials told her that as a penalty she was being fined $3,300 and her membership is “subject to suspension.”

Since Huynh is a non-member, it is illegal for EST and SWRCC union officials to impose a fine on her or threaten her with other disciplinary action. The actions of EST and SWRCC union officials violate the workers’ rights established by the U.S. Supreme Court’s Pattern Makers v. NLRB decision.

“Unfortunately, this is not an isolated incident at this facility,” stated Gleason. “Union officials have been violating the rights of these workers for years.”

In September 2002, two other employees of Raytheon Technical Services, Michael Adams and Brent Bull, filed charges against EST and SWRCC officials for refusing to honor their resignations from the union, and for threatening them with internal union “disciplinary” charges. In response to these charges, filed with the help of National Right to Work Foundation attorneys, the NLRB issued a formal complaint against the unions, and set a trial date in that case for August 11, 2003.

Salt Lake City, Utah (May 6, 2003) – The Denver Regional Office of the National Labor Relations Board (NLRB) today refused to intervene and protect over thirty Salt Lake City area employees of Stevedoring Services of America (SSA) from losing their jobs in retaliation for refraining from union representation.

In November 2002, with the help of attorneys from the National Right to Work Legal Defense Foundation, the workers filed charges with the NLRB against the International Longshore and Warehouse Union (ILWU) and Pacific Maritime Association (PMA) for demanding that SSA take jobs away from its non-union employees at a Salt Lake City facility.

Despite the fact that the employees’ case was based on well-established law, the NLRB office today released a letter dismissing the charges. Foundation attorneys plan to file an appeal with NLRB General Counsel Arthur Rosenfeld.

“The shutdown of West Coast ports was a naked attempt to exploit an economic crisis for the purpose of increasing union coercive power at the expense of workers,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Unfortunately, this is not an isolated incident. Union bosses have a long history of using economic and wartime crises to grab power.”

Control over the clerk jobs was a top bargaining priority for the union hierarchy, whose actions sparked a $2-billion-a-day shutdown of West Coast ports last Fall. Before the 10-day lockout in October, the ILWU hierarchy employed a variety of work slowdown tactics including deliberately understaffing key operations and sending workers to jobs for which they were not qualified, which made it impossible for the ports to function.

Last February, several members of Utah’s Congressional Delegation, including Senator Hatch, Senator Bennett, and Representative Cannon, urged the NLRB to take quick action.

“Now is the time for NRLB General Counsel Arthur Rosenfeld to step up and protect these workers from being the victim of another blatant union power grab,” stated Gleason.

The employees are responsible for tactical management of day-to-day activities and perform computerized planning work over the company’s rail, yard, and vessel functions. By insisting that this planning work instead be performed at new facilities at the ports staffed by unionized “marine clerks” rather than non-union employees, ILWU and PMA officials are in violation of the employees’ right to refrain from unionization under federal law and Utah’s Right to Work Law. If allowed to stand, the NRLB’s decision solidifies union control over vital jobs performed by non-union employees.

Chattanooga, Tenn. (May 5, 2003) — Responding to charges brought by an employee of Van Heusen Company, the National Labor Relations Board (NLRB) forced Teamsters Local Union 515 to eliminate key contract provisions that violated the rights of non-union employees.

Enjoying free legal aid from attorneys with the National Right to Work Legal Defense Foundation, Sheila Elliot filed unfair labor practice charges against the Teamsters union.

As part of their contract with Van Heusen, Teamsters officials required the company to encourage all associate employees to become and remain full union members – despite the existence of Tennessee’s Right to Work law. Teamsters Local Union 515 officials attempted to use the clause to force workers into joining the union and to waive their right to refrain from union activities.

“This settlement will give Elliot, and her coworkers, the freedom to decide for themselves if they want to join the union, without being forced into it by Teamsters union bosses,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “It is clear union officials were using these tactics to try and get around Tennessee’s Right to Work law.”

Under the state’s highly popular and effective Right to Work law, non-union employees are freed from paying membership dues to an unwanted union as a condition of employment.

In an attempt to undermine Right to Work laws around the country, Teamsters union officials are enlisting companies to help them pressure workers into joining the union. Employees laboring in America’s 22 Right to Work states have the right to refrain from union affiliation without interference from officials of a union or an employer.

“Teamsters officials wrote this agreement as a direct assault on Right to Work laws around the country,” stated Gleason. “As more workers enjoy the benefits of a Right to Work law, union bosses are turning to more strong-arm tactics to take away their freedoms.”

San Francisco, Calif. (May 2, 2003) — An employee of Swissport Corporation filed federal charges against officials of a local machinists union for illegally delaying the efforts of workers in the course of a successful election to strip the union hierarchy of its power to get employees fired for refusal to pay union dues.

Enjoying free legal aid provided by the National Right to Work Legal Defense Foundation, Kirk Williams, a non-union member at Swissport, filed the unfair labor practice charges with the National Labor Relations Board (NLRB) against the International Association of Machinists (IAM) union District Lodge 190, Local 1414.

“This is a clear example of union bosses doing everything they can to try and keep workers in the grasp of compulsory unionism,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

Last October, Swissport employees voted by a margin of 212-11 in the NLRB-supervised deauthorization election to remove the mandatory dues provision in the collective bargaining agreement with IAM union District Lodge 190, Local 1414. Despite the overwhelming vote, however, the IAM and its lawyers tried to overturn the election on the grounds that Swissport illegally intervened. The NLRB rejected all of the union’s claims as unsubstantiated.

Williams decided to seek the deauthorization election after becoming frustrated that IAM union officials were indifferent to the needs of the rank-and-file.

To trigger the deauthorization election, Williams needed to obtain signatures from at least 30 percent of his coworkers. Once that occurred, an absolute majority of workers in the bargaining unit had to vote “yes.” This requirement for an absolute majority established by the National Labor Relations Act is more difficult for employees to attain than the standard for certifying or decertifying a union, which requires only a majority of those actually voting.

Though federal law still denies the employees their right to bargain with their employer individually on their own merits, IAM union officials may no longer compel Swissport employees to pay for unwanted union representation.

Chula Vista, Calif. (May 1, 2003) — Responding to charges brought by two employees of Raytheon Technical Services, the National Labor Relations Board (NLRB) will prosecute the Electronic and Space Technicians (EST) Local 1553 and its affiliate, the Southwest Regional Council of Carpenters (SWRCC) for unfair labor practices.

Enjoying free legal aid from the National Right to Work Foundation, Michael Adams and Brent Bull filed the charges against EST and SWRCC union officials for refusing to honor their resignations from the union, and for threatening them with internal union “disciplinary” charges. The NLRB has set a trial date for August 11, 2003.

“Unfortunately, this is not an isolated incident. Union bosses routinely trample the rights of workers they claim to represent,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “No one should be forced to pay compulsory dues to a union, especially when its officials continually abuse that federally granted special privilege.”

As part of their charges, Bull and Adams, and sixteen other employees, also allege that union officials never properly informed any of the workers at the facility of their rights to refrain from formal, full-dues-paying union membership. The workers are also demanding the union drop its “disciplinary” charges, and properly inform workers of their rights.

“This shows that union bosses are more concerned with keeping workers in line rather than actually respecting the rights of the workers they are supposed to be protecting,” said Gleason.

EST and SWRCC union officials’ actions violated the workers’ rights established by the U.S. Supreme Court’s Pattern Makers v. NLRB decision. Under Pattern Makers, unions must accept all resignations from union members, and they cannot threaten or discipline employees because they choose to resign from the union.

Orlando, FL. (April 30, 2003) — After finding merit to unfair labor practice charges brought by eleven union-abused employees of Agere Systems (formerly Lucent Technologies), the National Labor Relations Board (NLRB) brokered a settlement agreement which forces union officials to cease all threats of fines and vandalism to the non-striking workers’ vehicles.

National Right to Work Foundation attorneys assisted Alan Olds and similarly abused Agere Systems employees in filing the charges at the NLRB after International Brotherhood of Electrical Workers (IBEW) Local 2000 officials illegally threatened retaliation against employees who continued to work during a 1998 strike.

The settlement requires IBEW union officials to post a notice for 60 days, conspicuously at locations within Agere Systems’ main office, informing workers of their right to withdraw immediately at any time from union membership. The notice will also state that all resignations will be accepted, and that non-union workers need not fear retaliation from the union hierarchy in the form of vandalism, retaliatory fines, or other intimidation tactics used by IBEW union agents. Union officials must rescind disciplinary fines of as much as $1,790 per worker.

“The bully-boy tactics employed by IBEW officials to silence employee dissent are despicable,” said Stefan Gleason, Vice President of the National Right to Work Legal Defense Foundation. “Unfortunately, even in states like Florida where important Right to Work protections exist, many workers still suffer intimidation at the hands of union bosses.”

The workers filed charges in the fall of 1998, after IBEW Local 2000 officials ordered them off the job during a strike against Lucent Technologies. As the strike progressed, many workers wished to exercise their right to resign from the union and return to work. When workers started exercising their Right to Work, IBEW union officials misled scores of workers by telling them that they could not resign from the union.

Under the Supreme Court’s Patternmakers v. NLRB decision, employees who wish to resign from a union may do so simply by sending a resignation letter to the union. One day after the letter is postmarked, they can return to their jobs without facing union-imposed strike fines.

Oklahoma City, Okla. (April 29, 2003) – Ironically arguing that the state of Oklahoma cannot protect the right to join a union, union lawyers have successfully stalled a final decision as to whether Oklahoma’s popular Right to Work constitutional amendment will be upheld.

The U.S. Court of Appeals for the Tenth Circuit – based in Denver – has ruled that certain provisions of the Right to Work law are preempted by federal law, but has referred to the Oklahoma State Supreme Court the state law question as to whether the core of the law is “severable” and will ultimately be allowed to stand.

“This is a last ditch effort by union bosses to defy the will of Oklahoma’s voters, who decisively rejected Big Labor’s self-serving propaganda and scare tactics by establishing a statewide policy of voluntary unionism,” said Stefan Gleason, Vice President of the National Right to Work Foundation, whose legal-aid attorneys have been representing employees defending the Right to Work law from this union attack.

“Oklahoma citizens are already reaping the economic benefits of the new Right to Work Law, to say nothing of the additional protection of individual rights that it provides. That is why union operatives are so angry.”

In September 2001, Oklahoma voters enacted State Question 695, making Oklahoma the nation’s twenty-second Right to Work state. The Right to Work constitutional amendment bans the widespread union practice of forcing workers to join an unwanted union or pay union dues as a condition of employment.

In November 2001, the Oklahoma AFL-CIO, six local unions, and a heavily unionized company filed suit in the U.S. District Court for the Eastern District of Oklahoma to overturn the amendment. The U.S. District Court ruled favorably on motions submitted by Governor Frank Keating’s legal team and attorneys for the National Right to Work Foundation, who represented three Oklahoma workers in defending the law.

The District Court held that, as in other states, the Right to Work law cannot be enforced with regard to employees covered by the Railway Labor Act (RLA) or employees of the federal government. But the law clearly and constitutionally protects employees who work for private companies under the National Labor Relations Act (NLRA).

The Tenth Circuit in a ruling issued recently held that the provision in Oklahoma’s Right to Work Law that protects the right to join a union is also preempted by the NLRA (which already protects that very right), and thus can only be enforced as to public employees in the state. The State Supreme Court must now decide whether the preempted provisions of the law are severable from the core of the law, which establishes the right of employees not to join or financially support an unwanted union.

Benton, Tenn. (April 24, 2003) — In a rare challenge to the coercive power of union officials to compel teachers to support political activities as a condition of union membership, a Polk County teacher filed suit against the National Education Association (NEA) affiliates in Tennessee for expelling him from the union because he objected to supporting their political activities.

Dewey Esquinance, with the help of attorneys with the National Right to Work Foundation, filed the suit against the NEA’s affiliates, the Polk County Education Association (PCEA) and the Tennessee Education Association (TEA), in the state of Tennessee Circuit Court of Polk County.

If victorious, Esquinance’s suit will result in either 1) the right for full union members to withhold union dues spent for ideological activity without losing their right to vote on the collective bargaining agreements that bind them, or 2) a ruling striking down union monopoly bargaining power — also known as “exclusive representation”– as unconstitutional under the Tennessee constitution.

“This case will test whether NEA officials care more about actually representing workers, or simply shaking them down to finance their radical political agenda,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

In September 2002, Esquinance joined the PCEA and began paying full union dues, even though he objected to the NEA’s political agenda. When Esquinance notified union officials that he wanted to remain a full union member, but only pay for activities related to collective bargaining, union officials informed him his union membership was terminated and there was no appeal process.

Esquinance objects to the NEA and its affiliates using his dues to promote a political agenda that takes pro-abortion, pro-race preferences, and pro-homosexuality positions. The NEA is one of the most politically active unions in the country; every year it seizes millions of dollars in compulsory dues to support candidates and causes that many teachers members find objectionable.

However, as a non-member Esquinance loses several privileges that union members enjoy, including voting on the collective bargaining agreement that binds him to certain terms and conditions of employment, as well as a voice in determining the criteria for teacher evaluations, control of sick bank donations, and access to teacher training. As a non-union member, Esquinance would automatically forfeit these benefits.

Esquinance is challenging the membership dues based on the rights established by the Foundation-won U.S. Supreme Court decision in Abood v. Detroit Board of Education. Under Abood and subsequent rulings, employees have a constitutional right to refuse to pay for union non-collective bargaining activities and ideological activities — such as politics.