2016 Labor Day Statement by President Mark Mix
Springfield, VA (September 2, 2016) – Mark Mix, president of the National Right to Work Foundation and the National Right to Work Committee, issued the following statement on the occasion of Labor Day 2016:
“This Labor Day, many Americans will enjoy a well-deserved three day weekend. After the festivities, vacations, and beach trips have ended, however, we should take a step back to examine the injustice of forced unionism that millions of American workers face every day.
“While workplace freedom has made great strides in the past year, including passage of the 26th Right to Work law in West Virginia, millions of American employees remain forced to hand over a portion of their paycheck to union officials. They pay this tribute not because they freely choose to associate with a union, but because government has granted union officials the power to order a worker fired solely for refusing to pay fees.
“With the election season swinging into high gear, the fight for freedom in the workplace faces many challenges. In this election cycle, unions are projected to spend nearly two billion dollars in campaign contributions, lobbying, and other political activities. The vast majority of this money will go to support the chosen candidates of the union elite no matter whom the rank and file member supports.
“Even though polls show union members, like all Americans, strongly support the Right to Work principle that union membership and dues payment should be strictly voluntary, Big Labor is spending millions of dollars collected from rank-and-file employees to undermine Right to Work. In addition to working to elect officials who would expand union boss forced dues powers, union officials are also bankrolling a ballot initiative in South Dakota to repeal that state’s Right to Work law which was adopted over 60 years ago.
“Meanwhile, in the courts, millions of workers’ rights are at stake as Big Labor lawyers have launched a nationwide series of lawsuits claiming that union officials have a Constitutional ‘right’ to force workers to pay them dues. While this radical argument should be laughed out of court, union officials clearly hope that activist judges will ignore longstanding law and legal precedent in order to expand union power. Attorneys for the National Right to Work Legal Defense Foundation have already stepped in to respond to this new threat and defend Right to Work laws in Idaho, West Virginia and Wisconsin from this coordinated legal attack.
“This Labor Day, as we celebrate hard-working Americans from all walks of life, the National Right to Work community is proud to be working towards the goal of ending forced unionism in America once and for all and restoring the freedoms of the American worker.”
Mix’s statement can be watched here, and the audio can be downloaded here. Mix and other Right to Work experts are also available for comment on a variety of labor-related issues.
Worker Advocate Helps Secure Refund for Illegally Seized Dues for Michigan Employees
UAW officials finally follow law after federal charges are filed
Grand Rapids, MI (August 19, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, two Grand Rapids Blue Cross & Blue Shield employees have received refunds for illegally seized dues from United Automobile Workers (UAW) Local 2145 union officials. The refund comes in response to federal unfair labor practice charges that were filed by Rayonne Brown and Jennifer Smith against UAW and their employer. According to Brown and Smith, union officials had continued to collect money from their paychecks after they had formally notified the union of their decision to opt out of further dues payments.
In December 2015, the contract between Blue Cross & Blue Shield and UAW Local 2145 expired. The contract included a provision that required all employees to pay union fees as a condition of employment. Once the contract expired, however, Brown and Smith notified the union and their employer that they were revoking their dues authorization and opting out of paying union dues.
Under Michigan’s recently-enacted Right to Work law, no employee can be required to pay union dues as a condition of employment. Forced-dues contracts between unions and employers that were agreed to before the law was passed continue in force, but once those contracts expire, nonunion employees in the bargaining unit can no longer be required to pay union dues to keep their jobs.
Despite these legal protections, Blue Cross & Blue Shield deducted union dues from Brown and Smith’s January and March paychecks, which were then given to UAW officials. Brown and Smith’s charges, which asked for the return of all illegally-seized union dues with interest, were withdrawn as a result of the refund.
Mark Mix, president of the National Right to Work Legal Defense Foundation, commented, “Unfortunately, the legal hoops that Rayonne Brown and Jennifer Smith have had to jump through just to get union bosses to recognize their rights are all too common in states with recently passed Right to Work laws. The law has to be enforced if employees are to benefit from these new legal protections. With this being an election year, union bosses are desperate to get their hands on as many forced dues as possible”.
“Any Michigan employees seeking to assert their newly-enshrined rights should contact the National Right to Work Foundation immediately for free legal aid,” Mix added.
The charges were among the over 30 legal cases that have been filed so far by Foundation staff attorneys to enforce Michigan’s Right to Work law, which ensures that union membership and the payment of union dues are strictly voluntary. Michigan became the 24th state to pass a Right to Work law in 2012. Wisconsin and West Virginia have subsequently passed Right to Work laws in 2015 and 2016 respectively.
The National Right to Work Foundation Commemorates National Employee Freedom Week
National Right to Work Foundation Provides free legal assistance to workers victimized by compulsory unionism 52 weeks a year
Springfield, VA (August 18, 2016) – The National Right to Work Foundation, a charitable organization that provides free legal assistance to employees nationwide, is joining the Nevada Policy Research Institute and a host of other organizations to commemorate National Employee Freedom Week. This weeklong event is dedicated to informing employees across the country of their rights to refrain from union membership and the payment of full union dues.
Since its founding in 1968, the National Right to Work Foundation has been a leading organization involved in the fight to protect workers from the abuse of union bosses and compulsory unionism. The Foundation’s sole, year-long mission is to fight against the injustices of coercive unionism through strategic litigation and education programs.
The Foundation’s sister organization, the National Right to Work Committee is also participating in Employee Freedom Week. The Committee is a 2.8 million member grassroots organization dedicated to ending compulsory unionism once and for all.
The Foundation broadcasts public service announcements on radio programs across the country and publishes numerous opinion pieces in local and national outlets on the importance of informing workers about their rights to refrain from union membership and the payment of full union dues.
Moreover, Foundation staff attorneys have litigated for workers in all 50 states to enforce employees’ rights to opt out of union membership. In just the past 12 months, Foundation staff attorneys provided free legal representation in over 250 active cases. They have also fought to defend and enforce state Right to Work laws, most recently in Wisconsin, and West Virginia where new Right to Work laws are being attacked by union lawyers in court. Foundation staff attorneys have filed amicus curiae briefs in two ongoing cases in Wisconsin as well as 11 cases in West Virginia.
Foundation attorneys have successfully argued several significant Supreme Court cases that limit Big Labor’s forced-dues powers and protect workers’ rights to refrain from union activity. In 2012, Knox v. SEIU established an important legal precedent the prevented union bosses from exacting special dues assessments and increases without a worker’s affirmative consent. In 2014, Harris v. Quinn led to thousands of home health care workers being freed from the shackles of compulsory unionism.
“Unfortunately, Big Labor has waged a successful campaign to deceive many workers into believing they have no rights when it comes to leaving a union or cutting off union dues for politics,” said Mark Mix, President of the National Right to Work Legal Defense Foundation. “In fact, workers in the 26 states with Right to Work protections cannot be required to pay any union fees as a condition of employment.”
“Furthermore, even in the 24 states that haven’t yet passed Right to Work protections, employees have the right to resign their formal union membership and cut off the portion of their dues that is being spent on union politics and lobbying,” continued Mix. “The National Right to Work Foundation stands ready to provide free legal aid to any worker who needs assistance in exercising and defending these critical rights.”
CVS Workers Win Federal Settlement from UFCW Union Officials to Stop Rights Violations
UFCW Union Bosses forced to cease attempts to require CVS employees to join union in violation of federal protections
Columbus, OH (August 11, 2016) – CVS employees in Columbus, Ohio have won a federal settlement in their case against the United Food and Commercial Workers Union (UFCW) Local 1059 remedying a litany of rights abuses at the hands of union officials.
The settlement comes in the wake of a federal unfair labor practice charge filed by employee Eric Todd, with free legal assistance from National Right to Work Foundation staff attorneys, alleging UFCW officials violated his and other CVS employees’ rights. The workers are all employed by CVS Pharmacy, which has a monopoly bargaining agreement with UFCW Local 1059 officials.
Because Ohio lacks a Right to Work law making union membership and dues payments strictly voluntary, workers can be forced to pay union dues and fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, workers who become or remain nonmembers have the right to refrain from paying for union politics and members-only events.
Last year, Eric Todd and the other employees of the CVS location in Bexley, Ohio were informed that UFCW Local 1059 was now the exclusive bargaining agent for all local workers after a suspect “card check” drive.
After the introduction of the union, Todd and many other employees were told that they had to sign union membership applications and dues deduction authorizations as a condition of employment. Union agents even came to their CVS store and threatened employees with termination, or being taken off the schedule and not allowed to work, if they failed to comply with the union’s demands.
Despite the deliberate misrepresentation of the Local 1059 union bosses, Todd and several others learned of their legal rights available under CWA v. Beck, a Foundation won case. They then sent non-member dues objection letters to the union, which it completely refused to acknowledge.
Under the settlement, UFCW union officials must respect nonmember workers’ right to refrain from full-dues-paying union membership and refrain from illegal bullying tactics such as threatening loss of employment for refusing to join the union. The union must also mail to each worker a NLRB-mandated notice of their rights.
“These workers were fortunate to have the Foundation’s assistance to make the UFCW back down from their militant bullying tactics,” said Mark Mix, president of the National Right to Work Foundation. “The best way to end the union bosses’ pattern of rights abuses is for Ohio to enact a Right to Work law making union membership and dues payment strictly voluntary.”
Five Pro-Right to Work Employees File Brief Defending Wisconsin Right to Work Law in State Appeals Court
National Right to Work Foundation attorneys counter union suit to restore Big Labor’s power to extort forced dues from unwilling workers
Madison, WI (August 10, 2016) – Staff attorneys with the National Right to Work Legal Defense Foundation, a charitable organization that provides free legal assistance to employees nationwide, are filing an amicus curiae brief for five workers in defense of Wisconsin’s recently-enacted Right to Work law. The brief is being filed in conjunction with attorneys at the Wisconsin Institute for Law & Liberty.
National Right to Work Foundation Serves Brief Defending West Virginia Right to Work Law
Union suit aims to overturn law striping union bosses of power to order workers fired simply for refusing to pay union dues or fees
Charleston, WV (August 8, 2016) – The National Right to Work Foundation, a charitable organization that provides free legal assistance to employees nationwide, has just served an amicus curiae brief in defense of West Virginia’s recently-enacted Right to Work law. (more…)
National Right to Work Foundation Files Brief Defending Wisconsin Right to Work Law
Union boss suit pushes dubious legal theory that would end Right to Work protections for workers nationwide
Madison, WI (July 19, 2016) – National Right to Work Foundation staff attorneys have filed an amicus curiae brief in International Union of Operating Engineers Local 139 & 420 (IUOE) v. Schimel, a federal lawsuit that challenges Wisconsin’s Right to Work law. The brief is on behalf of five workers, all of whom work in a unionized workplace and support Right to Work and would be forced to pay union fees or be fired, if Wisconsin’s Right to Work law were struck down.
The brief supports the state’s opposition to the unions’ preliminary injunction request and the state’s motion for judgment on the pleadings which would dismiss the lawsuit. The brief was filed in United States District Court for the Eastern District of Wisconsin.
The brief notes that Right to Work laws have withstood intense legal scrutiny for over 60 years, having never been struck down by a federal court or a state appellate court. Responding to union lawyers’ dubious claim that Right to Work laws unconstitutionally force union officials to “represent” nonunion employees without compensation, the brief notes that the National Labor Relations Act compensates unions by granting them immense workplace power to impose a one-size-fits-all union contract on all employees – union and nonunion alike – in a union-controlled bargaining unit.
The brief also points out that the union lawyers’ argument has already been rejected by a Federal Court of Appeals and the Indiana Supreme Court.
“IUOE bosses are asking a United States District Court to reject over 60 years of legal precedent,” said Mark Mix, president of the National Right to Work Foundation. “Wisconsin’s Right to Work law should not be overturned on the basis of an outrageous and rejected legal theory advanced by union lawyers, who are attempting to create a constitutional ‘right’ for union bosses to extort money from workers forced to accept unions’ so-called representation.”
Foundation staff attorneys are also involved in dozens of cases defending and enforcing newly-enacted Right to Work laws in Indiana, Michigan, and West Virginia.
Country Music Star Hits Union with Federal Charges
Union Bosses charge The Band Perry member an illegal “Service Fee” in violation of Tennessee’s longstanding Right to Work law
Nashville, TN (July 18, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, Jason Fitz, of The Band Perry, has filed federal unfair labor practice charges with the National Labor Relations Board (NLRB) against the American Federation of Musicians (AFM) Local 247 union for illegally threatening he must pay fees to the union.
Fitz, who is the band manager and plays various instruments including the fiddle and keyboard, participated in studio sessions on April 12 and 13 at The House of Blues Studio in Nashville. Fitz has exercised his right to refrain from union membership, but the record label sent his paycheck to the union. Secretary-Treasurer of the Union, Vince Santoro, then sent Fitz a threatening email stating that his checks for work performed at The House of Blues would be withheld until he paid a “service fee” to the union.
This is blatantly illegal because Tennessee has had Right to Work protections for workers in place since 1947 ensuring that no worker can be required to join or pay dues or “fees” to a labor organization as a condition of employment. Charging a non-member a so-called “service fee” violates Section 8 (b) (1) (A) of the National Labor Relations Act as well as the Tennessee Right to Work law.
National Right to Work Foundation President Mark Mix commented, “Even in longstanding Right to Work states like Tennessee, union bosses all too often engage in schemes and ploys to undermine or outright violate employees’ Right to Work protections. This case underscores the importance of our legal program in enforcing Right to Work laws.”
Ohio Worker Hits Union Bosses with Federal Charges for Illegal Union Dues Seizures
IBEW officials ignore worker’s attempts to cut off forced dues for politics
Dayton, Ohio (July 7, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, a local worker has filed federal unfair labor practice charges against the International Brotherhood of Electrical Workers (IBEW) Local 82 union.
According to charges filed by Troy Bowling, union officials violated federal law by ignoring his attempt to resign from the union and pay less than full dues. Furthermore, union officials have also violated federal law by refusing to give Bowling, an employee of Cox Media Group of Ohio, the required independently-audited financial breakdown of all forced-dues union expenditures.
Under federal case law, private-sector workers have the unconditional right to refrain from formal union membership. However, because Ohio has yet to pass into law Right to Work protections for workers, nonmember workers can be forced to pay a portion of union dues as a condition of employment. Employees who refrain from membership do not have to pay the portion of union dues that goes towards union boss politics and lobbying.
Additionally, union officials must also provide workers with an independently-audited financial breakdown of all forced-dues union expenditures. This procedural safeguard helps inform workers of how their forced union dues are being spent.
“IBEW union bosses are so blinded by their hunger for more forced dues powers, they are violating the basic rights of the very workers they claim to represent,” said Mark Mix, president of the National Right to Work Foundation. “This case underscores why Ohio workers need Right to Work protections to make union affiliation and dues payments strictly voluntary.”
