30 Sep 2024

Dartmouth Ph.D. Student Hits Graduate Student Union With Federal Charges for Illegal Religious Discrimination

Posted in News Releases

Student opposes union’s anti-Israel activities; charges that union officials refused to provide religious accommodation

Hanover, NH (September 30, 2024) – Benjamin Logsdon, a Ph.D. student in mathematics at Dartmouth College, has slammed the Graduate Organized Laborers of Dartmouth (GOLD-UE) union with federal anti-discrimination charges for failing to accommodate him and his religious beliefs. Logsdon filed the charges at the Equal Employment Opportunity Commission (EEOC) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.

Logsdon is a Christian whose sincere religious beliefs put him at odds with GOLD union officials and the radical activity and ideological positions they are promoting. Logsdon’s charges state that he is opposed not only to being forced to pay union dues, but also to GOLD-UE union officials’ monopoly representation powers that affect him as part of the graduate student body.

A series of rulings by the National Labor Relations Board (NLRB) during the Obama and Biden Administrations gave union officials the ability to seize monopoly bargaining power over graduate students, and at private institutions like Dartmouth, unionized graduate students are subject to federal private sector labor law. Such law allows union officials to force those under their power to pay dues or fees as a condition of employment in a state like New Hampshire (where Dartmouth is located) that lacks Right to Work protections.

However, Title VII of the Civil Rights Act of 1964 requires union officials to provide religious objectors like Logsdon religious accommodations. While such accommodations vary from case to case, they often free the objector from any further obligation to provide financial support to the union.

Logsdon seeks an accommodation in his case that will free him both from any forced union payments and from being forced to accept the GOLD union’s “representation.”

GOLD Union Officials Fail to Provide Reasonable Accommodation to Religious Objector

According to Logsdon’s charges, shortly after the GOLD union finalized its first monopoly bargaining contract with the Dartmouth administration, he sent a letter to United Electrical (UE, GOLD’s parent union) General Secretary-Treasurer Andrew Dinkelaker explaining that he objected to being affiliated with GOLD on religious grounds and needed an accommodation. “I sought to be removed from the UE and GOLD-UE bargaining unit as a reasonable accommodation,” Logsdon’s charges say.

Dinkelaker denied his requested accommodation in an August 30, 2024 message, refusing to offer Logsdon an accommodation that satisfies his sincere religious beliefs. Logsdon’s charges state that the union’s proposal “does not satisfy my religious conscience or beliefs,” and the refusal to accommodate him violates his rights under Title VII.

Foundation Attorneys Recently Scored Victory for Jewish MIT Students in Similar Case

Foundation staff attorneys recently prevailed in a similar batch of cases for five Jewish graduate students at the Massachusetts Institute of Technology (MIT), who objected to the anti-Israel activity of the MIT Graduate Student Union on campus (GSU, also an affiliate of UE). Notably, UE General Secretary-Treasurer Andrew Dinkelaker similarly refused to provide accommodations to each of those students when asked, telling the students that “no principles, teachings or tenets of Judaism prohibit membership in or the payment of dues or fees to a labor union.” However, UE officials quickly backed down after Foundation legal involvement.

“Mr. Logsdon is just one of many university students and staff across the country that are appalled by the divisive and inflammatory activity that union bosses have been engaging in, and have called on the Foundation for help in defending their freedom from these union hierarchies,” commented National Right to Work Foundation President Mark Mix. “Union officials shouldn’t be able to manipulate their forced-dues and forced-representation powers to make graduate students choose between keeping their academic positions and honoring their sincere religious beliefs.

“As the political and ideological temperature skyrockets at college campuses, the frequency of these stories is unfortunately likely to continue growing across the country. We encourage those on college campuses who seek to protect their religious freedom from union boss coercion to contact the Foundation for free legal aid,” Mix added.

26 Sep 2024

Puerto Rico Police Bureau Employees Win at District Court; Beat Union Scheme That Swiped Health Benefit from Dissenting Employees

Posted in News Releases

Employees successfully defend right under Janus v. AFSCME to refrain from supporting unwanted union

Para leer este articulo en Espanol, haga clic aqui.

San Juan, PR (September 26, 2024) – Eleven civilian employees of the Puerto Rico Police Bureau (PRPB) have won a favorable decision in their federal class action lawsuit against their employer and the Union of Organized Civilian Employees. The lawsuit charged both entities with illegally discriminating against employees by stripping them of an employer-provided health benefit because they refused to join the union. The employees, who argued that this union gambit violated their and other PRPB employees’ First Amendment right to abstain from unwanted union affiliation, received free legal aid in their case from National Right to Work Legal Defense Foundation staff attorneys.

The plaintiffs, Vanessa Carbonell, Roberto Whatts Osorio, Elba Colon Nery, Billy Nieves Hernandez, Nelida Alvarez Febus, Linda Dumont Guzman, Sandra Quinones Pinto, Yomarys Ortiz Gonzalez, Janet Cruz Berrios, Carmen Berlingeri Pabon, and Merab Ortiz Rivera, filed their lawsuit at the U.S. District Court of Puerto Rico in 2022. They invoked their rights under the 2018 Foundation-won Janus v. AFSCME Supreme Court decision, in which the Justices held that compelling public employees to join or fund a union violates the First Amendment. Janus also established that union officials can only take union dues from a public employee who has waived his or her First Amendment right not to pay.

The District Court agreed with the plaintiffs in a September 19 decision. It found that the PRPB had indeed taken away a health benefit from the employees after they exercised their Janus right not to join or pay dues to the Union of Organized Civilian Employees, a union they didn’t want and never asked for. “This is either retaliation for exercise of non-union members’ post-Janus non-associational rights under the First Amendment under the Constitution or simply discrimination,” said the Court.

“The [PRPB] may neither retaliate for disassociation or non-support of the public sector union, nor can it adopt — or as here interpret — a [union contract] in a manner that permits discrimination against non-union members,” the Court continued.

Police Bureau Limited Access to Healthcare Based on Employee Dissent from Union

According to the plaintiff’s original lawsuit, they all exercised their Janus right to opt out of the union at various points after the 2018 Janus decision. They each began noticing that as dues ceased coming out of their paychecks, they also stopped receiving a $25-a-month employer-paid benefit intended to help employees pay for health insurance.

“[T]he Union, through its president, Jorge Méndez Cotto, asked PRPB to stop awarding the $25 monthly additional employer contribution to any bargaining unit member who objected to [forced] membership…,” the complaint said.

“Plaintiffs are ready, willing, and able to purchase additional and higher quality health insurance benefits with the additional employer contribution that is being denied to them,” read the complaint. “But for the above-described discriminatory policy, they would purchase better quality health insurance.”

District Court Decision Orders Union and Employer to Stop Discriminatory Scheme

The District Court’s decision, in addition to declaring that the gambit by PRPB and the Union of Organized Civilian Employees is unconstitutional, orders an injunction to stop PRPB officials from continuing to withhold the benefit from Carbonell and the other employees.

Janus enshrined a very simple principle: That union officials need to convince public employees to support their organization and activities voluntarily, and using government power to force such support is an obvious infringement of First Amendment free association principles,” commented National Right to Work Foundation President Mark Mix. “Diminishing Ms. Carbonell and her coworkers’ access to healthcare just because they disagreed with the union’s agenda is a heinous violation of that principle, and Foundation attorneys were happy to assist them in their victory over that scheme.”

23 Sep 2024

SFO Marriott Employees Request Labor Board Vote to Remove Unwanted UNITE-HERE Union Officials

Posted in News Releases

Workers nationwide seeking votes to remove union before new NLRB rules make it easier for union officials to trap employees in unions they oppose

San Francisco, CA (September 23, 2024) – Employees of the San Francisco Airport Marriott Waterfront Hotel have requested an election to remove UNITE-HERE Local 2 union officials from their workplace. Hotel employee Erika Chavez just submitted a petition seeking such a vote to National Labor Relations Board (NLRB) Region 20 in San Francisco with free legal aid from the National Right to Work Legal Defense Foundation.

The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Chavez’s petition contains around 75 signatures, well over the 30% required to trigger such a vote under NLRB rules.

Because California lacks Right to Work protections for its private sector employees, Unite Here union officials have the legal privilege to force Chavez and her coworkers to pay dues as a condition of keeping their jobs. In Right to Work states, in contrast, union membership and all union financial support are strictly voluntary.

According to the petition, Chavez’s work unit consists of nearly 200 “Regular Employees and Pool Employees,” which includes housekeeping staff, front desk workers, and more. If the NLRB administers Chavez and her colleagues’ requested election and a majority vote against keeping the union, the Marriott workers will be free of Unite Here officials’ power to speak and contract for all workers in the facility (even those who oppose the union), and the obligation to pay dues or be fired.

“Unite Here union officials have made our lives harder at this hotel,” commented Chavez. “We would be better off without their rules and dues demands, and we hope the NLRB will let us exercise our right to vote them out.”

Workers Across Country Seek Foundation Aid in Removing Unite Here Union

San Francisco isn’t the only place where workers have recently sought to vote out Unite Here union officials with Foundation legal aid. In May, employees at Sofitel Washington DC Lafayette Square hotel successfully petitioned for a decertification vote against Unite Here Local 25 union officials after they bypassed the standard secret-ballot union election process and instead swept to power through the suspect “card check” process. Mwandu Chibwe, who submitted that petition, and a majority of her coworkers voted against the union’s continued presence, but Foundation attorneys are currently battling an attempt by Unite Here lawyers to overturn that result.

Since 2023, Foundation attorneys have also helped two sets of workers at Philadelphia International Airport obtain votes to oust Unite Here Local 274 union officials.

Biden-Harris Administration Restraining Workers Who Want to Oust Unions

The new efforts come as decertification petition filings have gone up over 40% since 2020 (according to NLRB data) and workers are voluntarily affiliating with unions at record-low rates. Despite workers’ desire to get away from unions that don’t serve their interests, the Biden-Harris NLRB has just issued a final rule which will make it much harder for rank-and-file workers to exercise their right to vote out union officials they oppose. One part of the new rule lets union officials prevent decertification votes from going forward by filing unverified “blocking charges” alleging employer interference.

“Union officials, who often seek ways to keep dues money flowing even from workers who oppose them, frequently challenge employees when they seek to exercise their right to vote out unwanted union ‘representation,’” commented National Right to Work Foundation President Mark Mix. “Foundation attorneys have seen this in the past with other workers who have sought to oust Unite Here union bosses, and it doesn’t help that the Biden-Harris NLRB has been pushing policy after policy designed to aid union bosses in trapping workers under union ‘representation.’

“Foundation attorneys are proud to help Ms. Chavez and her coworkers fight any roadblocks in their effort. But their rights and the rights of workers across the country to free themselves from unwanted union officials shouldn’t hinge on the Biden-Harris Administration’s union boss power giveaways,” Mix added.

23 Sep 2024

Michigan Security Guards Overwhelmingly Vote to End Union Bosses’ Power to Force Workers to Pay Up or Be Fired

Posted in News Releases

In rebuke to partisan Right to Work repeal, majority of guards vote against union officials’ ability to require union dues payments

Grand Rapids, MI (September 23, 2024) – A group of Michigan security guards, have voted to strip United Government Security Officers of America (UGSOA) union officials of their power to force the guards to pay union dues as a condition of keeping their jobs. A majority of the guards employed by Triple Canopy, Inc. voted overwhelmingly to remove union bosses’ forced-dues powers in the “deauthorization” election. Following months of delays, the National Labor Relations Board (NLRB) recently released the full vote count from the election that took place by mail in April and May.

Guard James Reamsma submitted the “deauthorization petition” in February on behalf of his Triple Canopy Inc. coworkers, who guard federal facilities across Michigan and who wanted to revoke forced-dues privileges from UGSOA union officials. Reamsma is receiving free legal aid from the National Right to Work Legal Defense Foundation.

Reamsma’s request for a deauthorization election was necessary because Michigan’s popular decade-old Right to Work law was repealed in February. Under Right to Work, union financial support is strictly voluntary. Without Right to Work, union officials have the power to demand workers pay up or be fired. Michigan’s non-Right to Work environment forces workers to either deauthorize a union or vote it out of a workplace completely (via a similar process known as “decertification”) if they want to end union officials’ forced-dues power.

In response to Reamsma’s petition, the NLRB scheduled the mail vote with ballots due in mid-May. However, rather than promptly counting the ballots and certifying the results, the results were delayed for months, with the full NLRB tally of ballots only recently being released.

Once the results are certified, union officials will no longer have the legal power to coerce Reamsma and his colleagues to pay dues or fees as a condition of employment.

UGSOA Union Bosses Still Face Federal Charges For Illegal Dues Deductions

In addition to his deauthorization petition, Reamsma filed NLRB Unfair Labor Practice charges in May against UGSOA for seizing dues money from his paycheck without providing required disclosures on how the union spends worker cash. That charge, which was also filed with legal aid from the National Right to Work Foundation, is still being investigated by Region 7 of the NLRB based in Detroit.

According to Reamsma’s charge, he submitted a notice to UGSOA union agents in March that requested the union reduce his dues payments in accordance with Right to Work Foundation-won U.S. Supreme Court decision Communications Workers of America v Beck and provide him with the financial information required by law. In response, union officials claimed that the amount of dues chargeable to nonmembers was equal to 100% of full union dues. Reamsma’s charge states that UGSOA “failed to provide the financial disclosures for itself and its affiliated unions, and a chance to object to its alleged reduced fee.”

The charge also notes that, despite Reamsma notifying union officials in April that he prefers to pay union dues by check, UGSOA ignored this request and has continued to take money directly from his paycheck by payroll deduction. Federal labor law forbids union officials from using direct deduction to collect union dues or fees without worker consent.

After Repeal of Right to Work, Employees Across Michigan are Challenging Forced Dues

In a party-line 2023 vote, Michigan legislators repealed Right to Work at the behest of union special interests, ending workers’ ability to decide for themselves whether or not union officials deserve their money. The repeal came despite polling showing Michigan voters, including 70% of union households, overwhelmingly wanting Michigan to remain Right to Work.

After the repeal became effective in February, workers from across the Great Lakes State sought help from National Right to Work Foundation staff attorneys in escaping union bosses’ forced dues demand.

“This election was scheduled in May, but NLRB delayed the counting of the votes until now, all while UGSOA continued illegally collecting union dues,” commented National Right to Work Foundation President Mark Mix. “It’s tactics like this that would have been prevented, if Michigan had kept it’s Right to Work law.

“These workers’ vote to end forced dues happened months ago, and we call on the NLRB to promptly make the result official, and order the union to return all monies taken from the employees during the delay to certify the guards’ wishes.

“We are proud to help Michigan workers reclaim their freedom, but no worker should have to navigate the NLRB’s bureaucratic deauthorization process simply to ensure their hard-earned money isn’t going to union boss activities they may staunchly disagree with.”

16 Sep 2024

National Right to Work Foundation Issues Special Legal Notice to Boeing Employees Impacted by IAM Union Boss Strike Order

Posted in News Releases

Foundation notifies employees that those wishing to continue working during a strike should resign their memberships before returning to work

Seattle, WA (September 16, 2023) – The National Right to Work Legal Defense Foundation has released a special legal notice to the roughly 30,000 Boeing employees reportedly affected by the strike order issued by International Association of Machinists (IAM) union officials last week.

The Foundation’s legal notice informs Boeing employees of their rights, including their right to rebuff the strike order and to keep working to support their families as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.

“The situation presents serious concerns for employees who believe there is much to lose from a union-ordered strike,” the notice reads. “That is why workers confronted with strike demands frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other harsh union discipline for continuing to report to work to support themselves and their families.”

The full notice is available at https://www.nrtw.org/BoeingStrike/.

The notice outlines the process that Boeing employees should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that IAM union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships before returning to work.

“Union officials can (and often do) fine actual union members who work during a strike,” the notice says. “So, you should seriously consider resigning at least one day BEFORE you return to work during a strike, which is the best way to avoid these union fines and discipline.

“If possible, use certified mail, return receipt requested, and save copies of your letters and the return receipt to prove delivery,” the notice continues, adding that workers who choose to submit their union resignations to union officials in person should have a reliable witness present to combat potential false claims from union officials that they did not actually receive a worker’s resignation.

Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract between IAM union officials and Boeing management. The notice encourages employees to seek free legal aid from the Foundation if they experience union resistance as they attempt to exercise any of these rights.

“IAM union officials have a history of seeking to increase their own power instead of doing what’s right for rank-and-file workers,” commented National Right to Work Foundation President Mark Mix. “Foundation attorneys recently helped a Seattle Boeing worker take legal action against IAM officials for seizing his money illegally.

“On the eve of a strike order that may last months, many Boeing workers may decide that going on strike is not the best course of action for them, and Foundation attorneys stand ready to aid these workers in defending their right to continue working and providing for their families,” added Mix.

12 Sep 2024

Majority of Workers at Detroit-Area Hydraulic Tooling Firm Seek Vote to Oust UAW Union Bosses

Posted in News Releases

Michigan workers continue to seek freedom from union bosses, fight back against union boss malfeasance in wake of Right to Work repeal

Detroit, MI (September 12, 2024) – Production and maintenance employees at Hydra-Lock Corp. a hydraulic tooling company based in Mt. Clemens, Michigan, have just submitted a petition seeking a vote to remove United Auto Workers (UAW) Local 155 union officials from power at their workplace. Hydra-Lock employee Keith Woody submitted the petition to National Labor Relations Board (NLRB) Region 7 in Detroit with free legal aid from National Right to Work Foundation staff attorneys.

The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Woody’s petition contains signatures from the majority of his colleagues in support of having a decertification election, well over the 30% threshold of employee signatures needed to trigger such a vote under NLRB rules.

Michigan legislators’ 2023 repeal of the state’s Right to Work protections went into effect this February, meaning UAW union officials have the legal power to enforce contracts that require Woody and his coworkers to pay dues or fees as a condition of getting or keeping a job. In Right to Work states, in contrast, union membership and financial support are strictly voluntary.

If Woody and his coworkers’ decertification effort succeeds, they will be free from both the UAW’s power to speak and contract for all workers in the facility (including the majority that oppose the union), and the obligation to pay dues as a condition of employment.

Michigan Legislators Repealed Right to Work Despite Massive UAW Scandal

In March 2023, a bare majority of Michigan legislators voted along partisan lines to repeal Right to Work at the behest of union special interests, ending workers’ ability to decide for themselves whether or not union officials deserve their dues money. The imposition of union bosses’ power to force employees to “pay up or be fired” came despite polling showing Michiganders, including those in union households, overwhelmingly opposed the elimination of workers’ Right to Work protections.

After the repeal became effective this February, workers from across the Great Lakes State sought help from National Right to Work Foundation staff attorneys in escaping union bosses’ forced-dues demands. The total cases that Foundation attorneys have filed for Michigan workers in 2024 is already well more than double the number for all of 2023. Foundation-backed workers from across the state have recounted a wide variety of union boss misdeeds since the repeal, including forcing workers with religious objections to join and pay dues, taking dues money directly from workers’ paychecks without their permission, coercing workers into contributing to union Political Action Committees (PACs), and more.

The Michigan Right to Work repeal also came after a years-long federal probe revealed massive corruption within the UAW hierarchy. At least 13 UAW officials received jail sentences for embezzling and spending millions in workers’ dues money on luxury goods, vacations, and other personal items. Federal agents are still monitoring the Detroit-based union, and have recently investigated reports that current UAW President Shawn Fain is misappropriating union property.

“The UAW’s implosion over the embezzlement scandal should have been more than enough evidence for Michigan legislators that workers deserve the right to withhold their money from union bosses who are corrupt, abrasive, or just flat out ineffective,” commented National Right to Work Foundation President Mark Mix. “Instead, as a purely political favor, Michigan policymakers granted union officials the power to have workers fired for refusing to support union agendas, and we’re now seeing worker backlash throughout the state.

“Michigan workers should not hesitate to contact National Right to Work Foundation attorneys for free assistance in standing up for what rights they still have in this new legal environment,” Mix added.

10 Sep 2024

Medstar EMT Hits United Food & Commercial Workers Union with Federal Charges for Illegal Dues Deductions

Posted in News Releases

Growing list of charges exposes how union bosses are violating workers’ rights following repeal of Michigan Right to Work law

Detroit, MI (September 10, 2024) – Nicholas Lenning, an EMT with Medstar Ambulance in Clinton Township, Michigan, has filed federal unfair labor practice charges against United Food and Commercial Workers (UFCW) Union Local 876 for illegally deducting union dues out of his paycheck in violation of federal law. Lennings filed the new unfair labor practice charges with the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.

Lenning filed the federal unfair labor practice charges against UFCW Local 876 after union officials deducted dues from his paycheck without having a signed dues authorization card, and without providing him with notice regarding his rights under the Supreme Court’s Communication Workers of America v. Beck precedent, which was argued and won by attorneys for the Right to Work Foundation.

Lenning’s charge notes that in nearly three years as an employee of Medstar Ambulance, Lenning was never a union member, never signed a membership card and never signed a dues authorization card. The charge further details how, despite lacking his consent, UFCW officials began deducting dues in March 2024, at times appearing to seize extra funds for back union dues. The deductions started shortly after Michigan’s Right to Work law was formally repealed in early February. Lenning even emailed union stewards requesting information about his rights under Beck, but never received any response from the union. NLRB agents will now investigate Lenning’s charges against UFCW officials.

The charges from Lenning are the most recent in a flurry of Foundation-backed cases for Michigan workers who are seeking to challenge or escape union bosses’ coercive power in the wake of Michigan’s repeal of its Right to Work law. Since the repeal became effective this February, union bosses have had the legal power to require workers to pay union dues or fees as a condition of employment. In states with Right to Work protections, union membership and all union financial support are strictly voluntary.

However, even in states like Michigan that lack Right to Work protections and allow for forced-fee requirements, longstanding federal law prohibits union bosses from requiring workers to authorize the direct deduction of union dues from their paychecks. The Communications Workers of America v. Beck Supreme Court decision additionally forbids union bosses in non-Right to Work states from forcing workers to pay money for any activities beyond the union’s bargaining functions, such as political lobbying, and organizing.

Without Right to Work, Michigan Workers Increasingly Taking Legal Action Against Union Boss Forced Dues Abuses

In March 2023, a bare majority of Michigan legislators voted along partisan lines to repeal Right to Work at the behest of union special interests, ending workers’ ability to decide for themselves whether or not union officials deserve their dues money. The imposition of union bosses’ power to force employees to “pay up or be fired” came despite polling showing Michiganders, including those in union households, overwhelmingly opposed the elimination of workers’ Right to Work protections.

After the repeal became effective this February, workers from across the Great Lakes State sought help from National Right to Work Foundation staff attorneys in escaping union bosses’ forced-dues demands. The total cases that Foundation attorneys have filed for Michigan workers in 2024 is already well more than double the number for all of 2023.

“As this case and others demonstrate, within days of Michigan workers being stripped of their Right to Work protections, union bosses were attempting to use the repeal as cover to justify forced dues collections, even in violation of longstanding federal law,” commented National Right to Work Foundation President Mark Mix. “The flood of legal aid requests Foundation staff attorneys are fielding from Michigan workers since the repeal of Right to Work shows once again that union bosses’ greed for forced dues will lead them to callously and blatantly violate the rights of the very workers they claim to ‘represent.’”

“Without the clear legal line that Right to Work provides by ensuring that all union membership and financial support are strictly voluntary, there unfortunately is little reason to think these types of abuses of workers’ legal rights will not continue to spread across the Great Lake State,” added Mix.

6 Sep 2024

San Diego-Area Reliance Metal Center Employees Overwhelmingly Vote to Remove Teamsters Union Officials

Posted in News Releases

Successful effort comes as Biden-Harris NLRB tightens restrictions on workers voting out unions

San Diego, CA (September 6, 2024) – Jesus Arellano and his coworkers at Reliance Metal Center in National City, CA, have successfully voted out Teamsters Local 683 union officials. The vote, in which 80% of Reliance Metal Center trucking and warehouse employees voted to oust the union, took place on August 19 and received certification from the National Labor Relations Board (NLRB) on September 3. Arellano and his colleagues obtained the vote with free legal aid from National Right to Work Foundation staff attorneys.

The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Arellano kicked off the process by submitting a “decertification petition” to the NLRB in July, which contained signatures from the vast majority of his colleagues in support of having a decertification election. A decertification petition only requires support from 30% of a work unit to prompt the NLRB to hold a decertification election.

Because California lacks Right to Work protections for its private sector workers, Teamsters officials had the legal power to enforce contracts that required Arellano and his colleagues to pay dues or fees as a condition of getting or keeping a job. In Right to Work states, in contrast, union membership and financial support are strictly voluntary. Now that Arellano and his coworkers have voted out the Teamsters, they are free of both union officials’ power to contract and speak for all employees in the work unit, and the obligation to pay dues or be fired.

“The current leadership from our Local 683 have been failing for the past 8 years to perform their duties in a professional manner,” commented Arellano, who explained that dissatisfaction with union officials combined with his colleagues’ “excellent relationship with management here at Reliance…made our decision clear that we would have a better opportunity and brighter future by voting to decertify the Union.”

Dubious NLRB Policy Prevented Truckers and Warehouse Workers from Ousting Teamsters Sooner

Arellano petitioned for a decertification election as soon as three years under the Teamsters’ latest monopoly bargaining contract in their workplace had elapsed, which was the soonest such a request could be made under NLRB rules.

This is because the “contract bar,” a non-statutory NLRB policy favored by union bosses, generally prevents workers from attempting to decertify a union for up to three years after union officials and company managers finalize a contract. The timely demand for an election and overwhelming vote against the union likely indicate that Arellano and the other Reliance Metal Center employees were eager to eject the union.

Biden-Harris Administration Cracking Down on Worker Attempts to Decertify Unions

The successful decertification at Reliance Metal Center comes as decertification petition filings have gone up over 40 percent since 2020 (according to NLRB data) and workers are joining unions in record low numbers. Despite workers’ desire to get away from unions that don’t serve their interests, the Biden-Harris NLRB recently issued a final rule which will make it much harder for rank-and-file workers to exercise their right to vote out union officials they oppose. One part of the new rule lets union officials prevent decertification votes from going forward by filing unverified “blocking charges” alleging employer interference.

Arellano’s effort also comes as Foundation attorneys are assisting or have recently assisted other California workers in resisting Teamsters union boss power, including in response to threats of violence and illegal termination threats.

“Around the country, workers are questioning union bosses’ priorities, especially as Big Labor officials increasingly seem willing to break the law to stifle opposition, or engage in overt politicking in order to solidify their grip over the rank-and-file,” commented National Right to Work Foundation President Mark Mix. “Teamsters officials are no exception, and recent cases emphasize the fact that workers should have more freedom, not less, to exercise their right to vote out union officials who harm their interests.

“Cases like this show why workers need more freedom to disassociate with union officials they oppose and more opportunities to hold decertification votes to free themselves from unwanted so-called union ‘representation,’” Mix added. “Instead, the Biden-Harris Administration is taking the exact opposite approach, expanding the powers of union bosses to trap workers in dues-paying union ranks even when a majority wants nothing to do with the union.”

5 Sep 2024

AT&T Employees Nationwide Continue Winning Efforts to Remove Unwanted CWA Union Bosses Imposed Through ‘Card Check’

Posted in News Releases

Mississippi and Louisiana AT&T Mobility employees seek to join others in California, Tennessee and Texas who have successfully ousted the CWA

Mississippi & Louisiana (September 5, 2024) – In-Home Experts from AT&T Mobility locations across Mississippi and Louisiana have joined together to file petitions seeking elections to remove Communications Workers of America (CWA) union officials from power in their workplaces. The two groups of AT&T employees seek to join with hundreds of other AT&T workers in California, Tennessee and Texas who have already won their efforts to remove the CWA. All five groups of employees received free legal aid from the National Right to Work Legal Defense Foundation.

Michael Swift, an In-Home Expert for AT&T Mobility, filed the “decertification petition” with the National Labor Relations Board (NLRB) on behalf of his coworkers across four AT&T Mobility locations in Mississippi. Marquita Jones, a Louisiana-based In-Home Expert, did the same for her colleagues across four Louisiana locations.

If the AT&T Mobility In-Home Experts win their decertification efforts, they will join well over 800 AT&T employees from across California, Texas, and Tennessee, who have also successfully challenged CWA card checks. Under card check, union organizers bypass the secret ballot election process and instead collect cards face-to-face from employees that are then counted as “votes” for the union. Without the privacy of a secret ballot vote, many workers report being pressured, bullied or threatened into signing, which is among the reasons why card check has long been recognized as inherently unreliable and abuse-prone.

In Tennessee and elsewhere, CWA union officials argued the units of AT&T In-Home Experts who had been unionized through card check were already “merged” into a larger unit comprised of thousands of employees, which would effectively trap workers in the union in perpetuity because petitioning for a decertification vote in such a large, spread out unit would be virtually impossible.

Fortunately, National Right to Work Foundation staff attorneys successfully countered CWA lawyers’ “merged unit” gambit, resulting in the votes being scheduled. Faced with an inevitable vote among the workers, in Tennessee, California and Texas, CWA officials conceded defeat instead of facing a decertification vote.

Biden-Harris NLRB Will Soon Block Workers from Challenging Dubious Union “Card Check” Drives

CWA union officials used the card check process to claim monopoly bargaining power over AT&T In-Home Experts in California, Tennessee, and Texas. However, Foundation-backed 2020 reforms to the NLRB’s election rules permitted all three sets of workers to successfully challenge the CWA union’s ascent to power.

Collectively referred to as the “Election Protection Rule,” the reforms permit employees to submit decertification petitions within a 45-day window after the finalization of a card check. The Election Protection Rule also prevents union officials from manipulating charges they file alleging employer misconduct to block workers from casting ballots in a decertification election, among other things.

Unfortunately, the Biden-Harris NLRB in Washington, DC, issued a final rule in late July that will undo the Election Protection Rule and make it much harder for rank-and-file workers to exercise their right to vote out union officials they oppose. While the rule change will not take effect in time to stop the AT&T Mobility employees from having the decertification votes they requested, it will likely quash or substantially delay similar efforts after the repeal takes effect at the end of September.

The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering votes to certify and decertify unions. Both employees filed the decertification petitions in August with signatures from more than the 30% of employees required, and both seek to challenge so-called “card check” unionizations that CWA union bosses foisted on their coworkers.

“If Mrs. Jones and Mr. Swift had filed their decertification petitions just a few months later, they would be trapped in a union they oppose, denied even the chance at decertification vote for years and likely forever,” commented National Right to Work Foundation President Mark Mix. “This is yet another example of the Biden-Harris NLRB steamrolling the rights of independent-minded employees, so union bosses can expand their forced dues ranks.

“American workers don’t deserve to be stripped of this freedom, and with the changes set to take place in weeks, employees seeking a vote to remove an unwanted union should act quickly,” added Mix. “Those who are inevitably prevented from voting out unwanted union bosses due to this cynical rule change are also encouraged to contact the Foundation to explore their legal options.”

31 Aug 2024

Labor Day 2024: National Right to Work Emphasizes High Stakes for Worker Freedom

Posted in News Releases

Mark Mix, president of the National Right to Work Legal Defense Foundation and the National Right to Work Committee, issued the following statement on the occasion of Labor Day 2024:

On Labor Day, we celebrate the dedication and ingenuity of America’s working people. Their hard work is truly what keeps this nation prosperous and thriving, but union officials invariably attempt to hijack Labor Day to promote an agenda that undermines the rights and freedoms of our nation’s working men and women.

That’s especially true during this election year, when union officials are claiming that America’s workers are headed for disaster unless their handpicked candidates ascend to power and enact their radical policy agenda. But it’s plain to see that union bosses’ agenda prioritizes divisive politics and coercing workers far above what workers actually want – more freedom.

Big Labor is still pushing as its number-one legislative priority the radical “PRO-Act,” which will eliminate all state Right to Work protections and force millions more workers to pay union dues just to keep their jobs. Among the PRO-Act’s backers is Kamala Harris, who wants nationwide forced-dues despite admitting in a brief to the Supreme Court that union bosses use their power to undermine the economic interests of many workers.

This may be a winning strategy for collecting union boss-directed PAC contributions and endorsements, but stripping workers of the right to choose freely whether union membership and financial support is right for them is without a doubt anti-worker. This is especially true considering the vast majority of workers are not unionized and polls show most have “no interest at all” in becoming a union member.

Elected officials of all political stripes are right to want the votes of hardworking Americans, but the way to win those votes is not granting special interest union bosses the legal power to threaten workers to pay up or be fired. The real pro-worker position is Right to Work, which trusts workers with the choice, so each can join and pay dues to a union if they want but none can be required to join or pay against their will.

This Labor Day, let’s celebrate American employees by empowering each and every one with the freedom that Right to Work provides.

Mark’s statement comes as a newly released nationwide poll of registered voters finds overwhelming support for Right to Work (82%), including among voters of all party affiliations. The Rasmussen Media Group poll also found that 79 percent of union members back Right to Work and oppose forced union membership and dues. Click here to see the results.