25 Feb 2016

State Commission Strikes Down Michigan Union Bosses’ Scheme to Send Debt Collectors for Illegal Forced Dues

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Decision also struck down union “window period” policies that restricted employees’ rights to leave unions, opt out of dues

Detroit, MI (February 25, 2016)The Michigan Employee Relations Commission (MERC) has affirmed the right of Michigan employees to leave a union and stop paying union dues at any time. MERC also ruled that union officials may not dispatch debt collectors to collect illegally demanded forced union dues. The rulings were issued in two cases brought by public school employees with free legal assistance from National Right to Work Foundation staff attorneys.

Alphia Snyder, a Battle Creek Public Schools employee, resigned her union membership in April 2013, after the pre-existing monopoly bargaining agreement expired and she became fully covered by Michigan’s public sector Right to Work law. However, Michigan Education Association (MEA) union officials insisted that Snyder could only leave the union during an annual 30 day window period in August. Throughout the fall of 2013, Snyder received several demands from MEA bosses for forced dues. Snyder repeatedly reiterated that she had resigned her union membership and would no longer pay any union dues or fees. Snyder filed unfair labor practice charges against the MEA in the spring of 2014.

Mary Carr, a Grand Blanc Community Schools employee, resigned her union membership in November of 2013, just as she became fully covered by Michigan’s Right to Work Law. However, MEA officials responded to Carr’s resignation letter by informing her it would not be effective until the following August “window” period. Union officials then sent multiple demands for forced dues, and eventually threatened Carr that if she did not pay the forced dues, union officials would dispatch debt collectors. Carr also filed unfair labor practice charges against the MEA in the spring of 2014.

In previous decisions, MERC has held that resignation “window” periods are illegal. In this decision, MERC reaffirmed that Michigan’s public sector Right to Work law protects Snyder and Carr’s right to resign union membership and stop all dues and fees at any time, for any reason. MERC noted that Snyder and Carr’s obligation to pay union dues ended the moment they submitted their resignations.

MERC also found union officials’ threats to hire debt collectors “unlawful,” and held that any future such threat would violate the Right to Work law.

“MERC’s decision deals a serious blow to union bosses’ campaigns of threats and intimidation against workers who chose to exercise their Right to Work,” said Mark Mix, president of the National Right to Work Foundation. “Union bosses just don’t want to accept that Michigan is a Right to Work state, and workers unfortunately face resistance and intimidation just for exercising their workplace rights. The NRTW Foundation will continue to fight against such unlawful practices, and work to ensure that no Michigan worker is ever forced to pay union dues or fees just to get or keep a job.”

22 Feb 2016

Michigan Teachers Union Hit with Charges for Demanding Forced Union Fees, Violating Right to Work Law

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National Right to Work Legal Defense Foundation assists public school teachers after Ann Arbor Education Association union officials illegally demanded ‘mandatory’ union fees

Ann Arbor, Michigan (February 22, 2016) With free legal assistance from National Right to Work Foundation staff attorneys, public school teachers in Ann Arbor, Michigan have filed unfair labor practice charges with the Michigan Employment Relations Commission (MERC) against the Ann Arbor Education Association (AAEA). The charges allege that the AAEA violated Michigan’s public sector Right to Work law when union officials demanded compulsory union fees.

Jeffrey Finnan has worked at Skyline High School since August 2010, and Cory Merante has worked at Pittsfield Elementary since August 2006. Both schools are part of the Ann Arbor Public Schools District which has (and had at the time both plaintiffs were hired) a monopoly bargaining agreement with the Ann Arbor Education Association.

Finnan and Merante joined AAEA when they were hired. Because Michigan lacked a Right to Work law at the time, they were required to join AAEA or pay an “agency” fee nearly equal to full union dues as a condition of employment. In August 2014, Finnan resigned his union membership, and Merante resigned his membership in August 2015.

In June 2014, the AAEA and school district entered into a new contract that modified teachers’ compensation packages and renewed the forced dues clause in the previous contract, despite the fact that Michigan’s Right to Work law protects teachers from forced-dues schemes that are renewed, extended, or created after the law’s effective date of March 28, 2013. Thus, the Right to Work law’s prohibition on forced dues applied to the 2014 contract.

Throughout the summer of 2015, Finnan received monthly invoices from union officials demanding he pay installments for the union fee, despite the fact that Finnan had resigned union membership and could no longer be forced to pay any union dues or fees.

In August 2015, the AAEA and school district again entered into an agreement that contained a forced-dues clause in violation of the Right to Work law. On December 18, 2015 both Finnan and Merante received letters from the Michigan Education Association on behalf of AAEA which stated that they were required to either join AAEA or pay an “agency” fee, and demanded over $500 in fees.

The MERC will now investigate both charges.

“Union bosses are desperate to maintain their coffers, so it appears they are willing to blatantly violate Michigan’s Right to Work law,” said Mark Mix, president of the NRTW Foundation. “These sorts of schemes must not continue, because no teacher, nor any worker, should be forced to pay union dues or fees just to get or keep a job.”

16 Feb 2016

NRTW Foundation Announces West Virginia Task Force to Defend and Enforce Newest Right to Work Law

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Foundation staff attorneys will offer free legal representation to West Virginia workers seeking to exercise new Right to Work protections

Springfield, VA (February 16, 2016) – The National Right to Work Legal Defense Foundation announced today the creation of a special task force to defend and enforce West Virginia’s newly-passed Right to Work law. Foundation staff attorneys will offer free legal advice and aid to Mountain State workers seeking to exercise their rights to refrain from union membership and union dues payment, guaranteed by the Right to Work law.

On Friday February 12, West Virginia legislators overrode Gov. Tomblin’s veto of Right to Work legislation, thereby making West Virginia the nation’s newest Right to Work state. Under the law – which applies to monopoly bargaining contracts entered into, modified, renewed or extended after July 1, 2016 – workers will no longer be required to pay union dues or fees as a condition of employment once any union monopoly bargaining agreement in effect on or before June 30, 2016, is modified, renewed or extended.

The NRTW Foundation has a long history of assisting employees seeking to exercise their Right to Work rights, most recently under Right to Work provisions enacted in Indiana, Michigan and Wisconsin.

Foundation staff attorneys are prepared to defend the West Virginia Right to Work law from any spurious legal challenges brought by union officials. Big Labor, unwilling to give up their forced-dues powers, routinely challenges Right to Work laws in courts despite the fact that Right to Work laws have repeatedly been upheld.

Unfortunately, union officials also often try to stymie independent-minded workers who seek to exercise their rights under Right to Work laws. Any West Virginia worker who has questions about his or her rights, or encounters any resistance or abuse while trying to exercise his or her workplace rights, is encouraged to contact Foundation staff attorneys for free legal aid.

Staff attorneys are preparing a special legal notice to be released in the coming days to inform all West Virginia workers of their new workplace rights. Affected employees are encouraged to call the Foundation’s legal hotline toll-free at 1-800-336-3600 or contact the Foundation online at www.nrtw.org to request free legal assistance or to learn more about their new rights.

“It’s not enough to enact Right to Work protections; they must be vigorously defended and enforced,” said Mark Mix, president of the National Right to Work Foundation. Union bosses will go to great lengths to keep workers in their forced-dues grasp. The National Right to Work Foundation will fight to make sure that every West Virginian’s Right to Work is protected, because no worker should ever be forced to pay union dues or fees just to get or keep a job.”

15 Feb 2016

Federal Lawsuit Slams Oregon SEIU Union Bosses for Illegal Forced-Dues Scheme Violating SCOTUS Ruling

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Home healthcare providers file suit to force SEIU Local 503 and state officials to comply fully with Harris v. Quinn, stop blocking providers from exercising their constitutional rights

SALEM, Oregon (February 15, 2016) – With free legal assistance from the Freedom Foundation and National Right to Work Legal Defense Foundation staff attorneys, a Medicaid-funded home healthcare provider in Oregon filed a federal lawsuit against Service Employees International Union Local 503 (Local 503) and the State of Oregon and various state agencies. The lawsuit seeks to end a Local 503 scheme which forces home healthcare providers, who are former union members, to continue paying dues to Local 503 as part of a state policy.

A similar forced-dues scheme in Illinois was struck down by the U.S. Supreme Court in 2014. In the NRTW Foundation-won case, Harris v. Quinn, the Court held that because home healthcare providers who merely receive a state subsidy are not full-fledged public employees, they cannot be forced to join or pay a fee to a union to receive the state subsidy.

The Oregon lawsuit seeks to force Local 503 and Oregon state officials to comply with the Court’s Harris precedent, and allow providers to revoke any previous dues authorizations.

Local 503 officials are imposing bureaucratic hurdles to make it very difficult for home healthcare providers to stop dues deductions. Local 503 officials have imposed a restrictive annual 15-day window period to revoke dues deductions authorizations.

The lawsuit seeks to strike down the window period and require Local 503 and the state to comply with Harris, so that any Oregon home healthcare worker who receives a state subsidy can stop all dues and fees to Local 503 at any time, for any reason.

“Despite a Supreme Court ruling that explicitly outlaws this sort of forced-dues scheme, union bosses continue to seize money from mothers and fathers who are simply taking care of their own children,” said Mark Mix, president of the NRTW Foundation. “It is outrageous that the state of Oregon continues to permit SEIU bosses to siphon off funding intended for the care of children.”

“This case demonstrates why Oregon needs a Right to Work law, which would make union membership and payment of dues or fees strictly voluntary,” continued Mix.

10 Feb 2016

UAW Union Bosses Hit With Federal Charges for Illegally Demanding Tropicana Casino Dealer Join Union

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Nonunion casino dealer was threatened by union official: pay back dues or be fired

Evansville, IN (February 10, 2016) – A casino dealer has filed, with free legal assistance from National Right to Work Foundation staff attorneys, unfair labor practice charges with the National Labor Relations Board (NLRB) against the United Auto Workers International union, UAW Local 3048, and Tropicana Evansville casino. The charges state that UAW union officials illegally demanded that the worker join Local 3048 and pay back dues from the date of his hiring, or have his employment terminated.

Willie Smith began working as a dealer at the Tropicana Casino in Evansville, Indiana in 2014. UAW Local 3048 had a monopoly bargaining contract with the casino which expired in late January 2016. At that time, all casino dealers became fully covered by Indiana’s Right to Work law. When hired, Smith did not become a union member, and he subsequently paid no union dues or fees.

In late January 2016, a union official told Smith that he owed back union dues from the time he first started working at the casino. Smith was further told he had to sign a UAW membership form and dues deduction authorization form or his employment would be terminated. Federal labor law protects a worker’s right not to join a labor union, so Smith exercised that right and refused to sign the membership form. Smith was then told by a casino representative that, at the unions’ behest, his employment would be terminated. Under protest and solely to keep his job, Smith then signed the UAW membership and dues authorization forms.

Smith alleges union officials have failed to inform him of the exact amount of back dues they are demanding, and failed to give him adequate time to pay the back dues before they threatened his termination. Smith further alleges that, because the monopoly bargaining contract (under which union officials are demanding these fees) has expired, he has no legal obligation to pay the demanded back dues.

“Even in a Right to Work state like Indiana, union bosses just can’t seem to resist pressuring workers to fill their forced-dues funded coffers,” said Mark Mix, president of the NRTW Foundation. “It’s wrong that a hardworking individual trying to support his family has to endure intimidation and harassment on the job from union bosses.”

The National Labor Relations Board Region 25 office in Indianapolis will now investigate the charge.

29 Jan 2016

Union Officials Leave Carteret Holiday Inn to Avoid Worker Vote

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Holiday Inn employees had to endure a two-year legal process to force an election that would have removed obstinate union bosses

Carteret, NJ (January 29, 2016) – Faced with the prospect of an embarrassing election loss, The New York Hotel and Motel Trades Council Local 6 union officially walked away from the Carteret Holiday Inn. The campaign to remove the unwanted union was spearheaded by employees who received free assistance from National Right to Work Foundation staff attorneys throughout the legal process.

Holiday Inn employee Michelle Buniak originally submitted a union decertification petition in September 2014. The petition, which was signed by a majority of her coworkers, asked her employer to remove Local 6 from the hotel. Buniak’s employer responded by withdrawing recognition from the union, but union officials refused to leave without a fight.

Instead of acceding to the employees’ wishes, union lawyers avoided immediate eviction by filing a barrage of spurious unfair labor practice charges against Holiday Inn at the National Labor Relations Board (NLRB). After dismissing the charges several months later, the NLRB scheduled a union decertification election for February 12, 2016.

In the lead-up to the election, several of Buniak’s coworkers said that union officials resorted to bribes and harassment to persuade Holiday Inn employees to vote for Local 6. Despite these efforts, union officials ultimately decided to officially “disclaim representation” over all Carteret Holiday Inn employees and walk away from the bargaining unit to avoid suffering an embarrassing election loss at the hands of the very workers for whom the union had claimed to speak.

Local 6 officials had bargained for all Carteret Holiday Inn employees, including those who didn’t belong to the union, for over two decades. The union contract with the hotel included a provision that allowed union officials to collect mandatory dues from all employees, even those who refrained from joining Local 6 and opposed the union’s presence.

“After two long years, union officials have finally left a workplace where they were no longer wanted,” said Mark Mix, president of the National Right to Foundation. “We applaud the determination of Michelle Buniak and her colleagues to see this process through, but employees shouldn’t have to endure a lengthy legal battle to exercise their right to remove stubborn union bosses.”

“Unfortunately, union officials – aided and abetted by a pliant NLRB – have become very skilled at gaming the federal labor bureaucracy to protect their workplace privileges,” continued Mix. “That’s why the union decertification process should be streamlined to better reflect employees’ wishes.”

22 Jan 2016

State Commission Affirms Employees’ Rights to Leave Unions, Stop Paying Dues for Politics at Any Time

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Decisions struck down union “window period” policies that restricted employees’ rights to leave unions, opt out of dues

Detroit, MI (January 22, 2016) – In two recent cases, the Michigan Employee Relations Commission (MERC) has affirmed the right of Michigan employees to leave a union and stop paying dues for union politics at any time. Both cases were brought by public school employees who received free legal assistance from National Right to Work Foundation staff attorneys.

In the case of Mark Norgan, a Standish-Sterling Community Schools employee, the Michigan Education Association (MEA) union insisted that he could only leave the union during an annual 30 day window period. James Cottrell, a Lenawee Intermediate School District employee, was told by Teamsters Local 214 officials that he had to notify them during a 15 day window period if he wished to opt out of dues for union politics.

These cases were only possible because of the right to refrain amendments included in Michigan’s Right to Work laws. Both have important implications for nonunion workers who are still subject to forced-dues contracts agreed to by their employers and unions before the 2012 labor reforms went into effect. Although Michigan’s Right to Work laws prohibit union contracts that require nonunion employees to belong to a union or pay union dues or fees, contracts entered into before the laws went into effect remain in force until they expire.

Consequently, many Michigan employees can still be required to pay union dues to get or keep a job. However, long-standing Supreme Court precedents hold that no employee can be required to join a union or pay dues for activities unrelated to workplace bargaining, such as union politics. Both Norgan and Cottrell attempted to exercise their rights to leave their respective unions and stop paying full union dues. In Norgan’s case, MEA officials denied his request to resign his union membership because he missed an arbitrary annual window period. In Cottrell’s case, Teamster officials used a spurious 15 day window period requirement to force him to continue paying dues for union politics.

The MERC’s decisions affirm the right of any Michigan employee, even those still subject to forced-dues contracts, to leave a union at any time and opt out of dues for union politics.

“Thanks to Michigan’s 2012 labor reforms, most Michigan employees can no longer be forced to pay any dues at all to a labor union,” said Mark Mix, president of the National Right to Work Foundation. “However, many Michigan workers still labor under forced-dues contracts that were grandfathered under the Right to Work laws.”

“Although those workers can still be forced to pay some union dues, they cannot be required to formally join a union or pay dues for union politics,” continued Mix. “We’ll continue to fight for the rights of these employees until every forced-dues contract in the state has expired and all Michigan workers enjoy the benefits of their state’s Right to Work laws.”

14 Jan 2016

SEIU Disclaims “Representation” over Des Peres Hospital Employees on the Eve of Vote to Kick Union Out

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After employees pushed to remove the union, SEIU bosses gave up their workplace privileges to avoid an embarrassing election loss

St. Louis, MO (January 14, 2016) – On the eve of an election that almost certainly would have resulted in a defeat for SEIU Healthcare IL/IN/MO/KS, union officials renounced their workplace bargaining privileges over approximately 170 Des Peres Hospital employees.

In late December 2015, a Des Peres employee, who received free legal aid from National Right to Work Foundation staff attorneys, submitted a petition to the National Labor Relations Board (NLRB) asking for a vote to remove the SEIU. The employee-led drive to remove the union prompted the NLRB to schedule a union decertification election for January 13, but that vote was cancelled after union officials announced they were “disclaiming representation” and walking away from the Des Peres bargaining unit. The affected employees consisted of technicians, secretaries, and other hospital support staff.

Because Missouri lacks a Right to Work law, union officials can be empowered to require all employees in a given workplace – including those who don’t belong to or support the union – to pay dues or fees. The contract between Des Peres Hospital and SEIU Healthcare IL/IN/MO/KS included a provision that required all employees in the bargaining unit, including nonmembers, to contribute money to the union. Now that the union has left, these 170 employees can no longer be forced to pay dues to the SEIU.

“SEIU officials read the writing on the wall and fled before these employees could vote them out,” said Mark Mix, president of the National Right to Work Foundation. “We are happy to report that these workers are now free from the burden of paying dues to an organization they don’t support.”

“Unfortunately, many of their fellow Missouri employees aren’t so lucky,” continued Mix. “That’s why Missouri should make all union dues completely voluntary by adopting a Right to Work law.”

10 Jan 2016

Worker Advocate Issues Statement on Supreme Court Case that Could End Public Sector Forced Union Dues

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Oral arguments begin in Friedrichs, a case that builds on Foundation Supreme Court precedents to challenge forced dues for civil servants

Washington, DC (January 10, 2016) – Mark Mix, president of the National Right to Work Foundation, issued the following statement regarding oral arguments in Friedrichs, a case brought by California public school teachers that challenges the constitutionality of mandatory union dues:

“For too long, union officials have been allowed to force teachers and other public employees to pay money to a union they don’t support just to work for their own government. Our hope is that the case the Supreme Court hears today will end this injustice once and for all.

“In Friedrichs v. California Teachers Association, the United States Supreme Court is presented with a unique opportunity to end forced union dues in the public sector. In Harris v. Quinn and Knox v. SEIU – two recent, Foundation-won precedents – the High Court suggested that it was time to revisit the constitutionality of forcing civil servants to pay dues to unions they don’t belong to or support. We expect that the Court will follow through on those opinions and free public employees across the country from the burden of mandatory union dues.

“Drawing on decades of experience in the field of labor law, Foundation staff attorneys filed an amicus brief in support of the plaintiffs and thoroughly examined the arguments presented by both sides. Our litigators believe that the merits of the arguments in Friedrichs clearly favor the plaintiffs’ First Amendment rights.

“Whatever the outcome in Friedrichs, National Right to Work Foundation staff attorneys stand ready to assist employees whose rights have been violated by forced unionism. As we have since our founding in 1968, we will continue to work toward the day when no employee is forced to pay union dues just to get or keep a job.”

Foundation experts are available to comment on the Friedrichs case and any other related issues. For more information, contact Will Collins at (703) 770-3317 or via email at wfc@nrtw.org.

 

5 Jan 2016

Appeals Court Hears First Amendment Challenge to Massachusetts Homecare Unionization Scheme

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Lawsuit was filed by nonunion care providers who are forced to accept union bargaining over their caregiving practices

Boston, MA (January 5, 2016) – Today, the United States Court of Appeals for the First Circuit will hear a lawsuit brought by Kathleen D’Agostino and eight other caregivers challenging a law that requires all Massachusetts family childcare providers to accept union “representation” over their caregiving practices. The nine plaintiffs are receiving free legal assistance from the National Right to Work Foundation.

D’Agostino and her co-plaintiffs seek to halt implementation of a state law that designates SEIU Local 509 as the exclusive bargaining agent for thousands of Massachusetts homecare providers, including many who have no interest in joining or associating with the union. The current arrangement allows union officials to negotiate over providers’ caregiving practices and the subsidies low-income families receive from the state for childcare-related expenses. The providers are either small business owners or family members caring for relatives’ children.

Foundation attorneys argue that this arrangement violates the providers’ First Amendment right to choose with whom they associate to petition their government by foisting union bargaining on those who have interest in joining or supporting the SEIU.

The providers’ lawsuit builds on the Foundation’s 2014 Supreme Court victory in Harris v. Quinn, which outlawed the collection of mandatory union dues from home-based caregivers. Prior to that decision, Massachusetts law empowered union officials to collect forced dues from all home childcare providers. Foundation attorneys contend that the Harris precedent suggests that caregivers should also be free from the burden of accepting an unwanted union’s bargaining.

Foundation staff attorneys are helping home and childcare providers challenge similar schemes in Minnesota, Illinois, New York, Oregon, and Washington State.

“Massachusetts childcare providers should not be forced to associate with a union they do not belong to or support,” said Mark Mix, president of the National Right to Work Foundation. “We hope the Court of Appeals will build on the National Right to Work Foundation’s landmark Supreme Court victory in Harris v. Quinn to protect the rights of nonunion caregivers.”