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.”

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.

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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…)

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.

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.”

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.”

Pennsylvania Commonwealth Court rules that unwilling employees can’t be trapped in union for seven years

Philadelphia, PA (June 16, 2016) – Thanks to the efforts of National Right to Work Foundation staff attorneys, Kaolin Mushroom Farms employees have won a decision upholding their vote to remove the Kaolin Workers Union (KWU). The Pennsylvania Commonwealth Court unanimously ratified the results of a March 2015 union decertification election that evicted the KWU.

In September 2014, Kaolin Farms employee Roberto Morales filed a decertification petition indicating that he and his coworkers were dissatisfied with the union and wished to hold a vote to remove the KWU. A Pennsylvania Labor Relations Board (PLRB) Secretary initially dismissed the petition on the grounds that the union’s presence could not be challenged for a seven-year period after its contract with the employer was adopted. According to the Secretary, this “contract bar” would remain in force until October 2, 2016, the earliest date an election could be held under that bar.

Foundation staff attorneys helped Morales file an objection to this decision with the full PLRB, arguing that unwilling employees shouldn’t be kept in union ranks for such a lengthy period, and that there is no basis in Pennsylvania law for the seven-year contract bar. The PLRB eventually decided to hold a secret ballot election in March 2015, which resulted in Kaolin Farms employees rejecting the union by a decisive margin.

Instead of accepting the employees’ verdict, union lawyers filed objections to the election outcome, once again arguing that a vote could not be held until after the seven-year contract bar had expired. Fortunately for Morales and his coworkers, the Pennsylvania Commonwealth Court ruled unanimously that the employees could not be denied a vote to oust the union for such a long time. Instead, the court ruled that, after three years, the contract no longer could block a decertification vote by employees seeking to remove the union.

“Thanks to the efforts of Roberto Morales and Foundation staff attorneys, Kaolin Farms employees have finally evicted one very stubborn union,” said Mark Mix, president of the National Right to Work Foundation. “Unfortunately, Morales and his coworkers had to endure a lengthy legal process before their vote was finally upheld.”

“Workers shouldn’t have to jump through this many legal hoops to get rid of an unwanted union,” added Mix. “Pennsylvania needs to adopt a Right to Work law, which would ensure that no employee is forced to pay dues to an unwanted union just to keep a job. Such a law would prevent employees stuck with an unpopular union from being forced to pay dues to the very organization they are trying to remove.”

National Right to Work Foundation staff attorneys filed an amicus brief in the case for three construction workers who opposed the rule changes

Springfield, VA (June 10, 2016) – Mark Mix, president of the National Right to Work Legal Defense Foundation, released the following statement regarding the 5th U.S. Circuit Court of Appeals’ ruling in Associated Builders and Contractors Inc v. National Labor Relations Board:

“The 5th U.S. Circuit of Appeals has declined to overturn a series of rule changes that fly in the face of the National Labor Relations Act and endanger the rights of independent-minded workers. These rules are designed to dramatically shorten the amount of time employees have to share information with their coworkers about the pros and cons of unionization. They also require employers to hand over workers’ private information, including their personal phone numbers and email addresses, to aggressive union organizers, an open invitation for abuse and harassment.”

“If appropriate, Foundation staff attorneys will raise challenges for disadvantaged workers to the rules as they are applied in particular cases. We also encourage any employee who has been victimized by abusive union organizing campaigns to contact us immediately for free legal assistance.”

SEIU filings show $32 million was seized from 80,000 providers in scheme ruled unconstitutional by the U.S. Supreme Court in 2014

Chicago, IL (June 7, 2016) – The United States District Court for the Eastern District of Illinois has just denied a motion for class certification in a lawsuit filed by National Right to Work Foundation staff attorneys for three Illinois homecare providers.

The lawsuit is a continuation of Harris v. Quinn, a Foundation Supreme Court victory in 2014 that held that the collection of forced union dues from home-based caregivers violated their First Amendment rights. After the Supreme Court’s June 2014 ruling the case, now designated Riffey v. SEIU, was remanded to the District Court to settle the remaining issues, including the question of whether the SIEU would be forced to return over $30 million dollars in dues confiscated from nonmembers as part of its unconstitutional scheme.

The latest decision can be appealed to the 7th Circuit Court of Appeals, and the homecare providers’ Foundation-provided attorneys are now considering when to file an appeal.

Mark Mix, president of the National Right to Work Foundation, issued the following statement on the ruling:

“The United States Supreme Court ruled that the SEIU had illegally confiscated union dues from thousands of Illinois homecare providers, but this ruling denies those same caregivers the opportunity to reclaim money that never should have gone to the SEIU in the first place. If this order stands it will allow the SEIU to have violated the First Amendment rights of over 80,000 homecare providers with impunity.

“If SEIU bosses are not required to return the money they seized in violation of homecare providers’ constitutional rights, it will only encourage similar behavior from union officials eager to trample the First Amendment to enrich themselves over the objections of tens of thousands of homecare providers.”

NLRB ruling greenlights election to determine if union officials get to continue to bargain for all teachers and collect mandatory union dues

Nassau County, NY (June 6, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, 27 Evergreen Charter School employees have won the right to conduct a decertification election to decide the fate of the Evergreen Charter Staff Association-NYSUT union. The Regional Director for Region 29 of the National Labor Relations Board (NLRB) has scheduled the union decertification election for June 16, 2016.

Under the National Labor Relations Act, private-sector employees in unionized workplaces have the right to petition for a decertification election to remove a union. After 22 Evergreen employees signed and submitted an election petition to the NLRB in April, union officials attempted to head off the vote by claiming that Evergreen Charter School is a public employer, and thus outside the NLRB’s jurisdiction.

Union lawyers argued that the New York State Public Employment Relations Board has jurisdiction over Evergreen employees, an interpretation that was ultimately rejected by the NLRB, which determined that the Evergreen Charter School is a private employer. Had the union’s arguments prevailed, the school’s employees would have been forced to pursue a much more onerous and complex process to remove the unwanted union.

The scheduled decertification election will determine whether Evergreen employees can be forced to pay union dues and accept union bargaining over their salaries and working conditions. If a majority of eligible employees vote against the union, the Evergreen Charter Staff Association union will be formally removed from the school and lose its workplace privileges.

“We’re happy to report that the NLRB has rejected union lawyers’ attempt to derail the Evergreen decertification vote,” said Mark Mix, president of the National Right to Work Foundation. “Given the fact that the NYSUT opposed the establishment of the Evergreen Charter School in the first place, it’s no surprise that these teachers and support staff are disillusioned with the union’s so-called ‘representation’.”

“Employees shouldn’t have to jump through this many hoops to get rid of one stubborn union, but Foundation staff attorneys are committed to helping these teachers and support staff navigate the decertification process and assert their right to vote out union officials whom they feel are a detriment to their school and their students,” added Mix.