Union officials pursued grievance for similarly-situated union member while illegally discriminating against employee who spoke out against the union

New Kensington, PA (October 22, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, a Unifirst employee has filed federal unfair labor practice charges against the United Steel Workers (USW) Local 1324-15 union for discriminating against him by blocking a grievance appeal because he opposed the union and testified against mandatory union dues at a National Labor Relations Board (NLRB) hearing.

Robert Fusillo exercised his right not to join the USW union and initiated an election with the goal of putting an end to USW officials’ practice of collecting mandatory dues from all UniFirst employees. After he and another employee were fired under similar circumstances, the union initially filed grievances against UniFirst for both of them, but later blocked Fusillo’s attempt to pursue the grievance because of his outspoken opposition to the USW’s presence.

In Pennsylvania and other states that lack Right to Work laws, union officials in unionized workplaces can impose a contract – including provisions that require workers to pay union dues or fees and abide by a union-controlled grievance process – on all employees, including those who oppose the union or refrain from joining. However, union officials are prohibited from abusing the grievance process they control to discriminate against workers on the basis of their union membership status.

After Fusillo testified in an NLRB hearing regarding the disputed results of a vote to end mandatory union dues and fees, union officials blocked his attempt to contest his termination with a grievance appeal. Highlighting their bias, union officials continued to pursue a grievance for another, similarly-situated employee. Fusillo has now filed charges against USW Local 1324-15 with the NLRB for discriminating against him in retaliation for testifying at the NLRB hearing.

“Despite workers’ protected rights to withdraw from formal union membership and to oppose mandatory union dues and fees, union bosses frequently retaliate and discriminate against independent employees who refuse to toe the union line,” said Patrick Semmens, vice president of the National Right to Work Foundation. “This episode demonstrates that union officials simply aren’t interested in fighting for nonunion workers, which is why they shouldn’t be given the power to impose a force-dues contract on employees who don’t want and never asked for their so-called ‘representation.’”

Union officials violated Mississippi’s Right to Work law by requiring union dues or fees as a condition of job at Port of Pascagoula

Pascagoula, Mississippi (October 19, 2015) – A worker at the Port of Pascagoula has filed a federal lawsuit in the U.S. District Court for the Southern District of Mississippi against the International Longshoremen Association Local 1752 union.

The lawsuit, which was filed with free legal assistance from National Right to Work Foundation staff attorneys, alleges that the government imposed monopoly union violated Mississippi’s longstanding Right to Work protections for workers by demanding union fees, as a condition of employment.

Patrick Simms, a clerk, filed the lawsuit seeking declarative and injunctive relief after he was told he could not work unless he paid a “service fee” to Local 1752. That demand is in direct conflict with Mississippi’s Right to Work law, which prohibits requiring union dues or fees to get or keep a job.

Simms is an employee of CSA Equipment Company, LLC (CSA). CSA has a monopoly bargaining agreement with Local 1752 that requires that any individual CSA hires for work at its operations at the Port of Pascagoula must be referred through Local 1752’s hiring hall.

In order to be referred through Local 1752’s hiring hall, and therefore gain employment with CSA at Pascagoula, Local 1752 requires that all workers either join or pay a service fee to the union. Simms is not a member of Local 1752, but had been hired by CSA.

On April 16, 2015, Simms received a letter from Local 1752 stating that he would be denied further employment if he did not either join the union or pay the service fee. On May 1 Simms was discharged. He was out of work for one day before he agreed, only under duress, to begin paying the service fee and repay Local 1752 more than $3,000 in “delinquent” service fees.

Currently, Simms is employed by CSA and is paying the monthly union fee under protest to keep his job.

“Union bosses have ignored the clear intent of Mississippi’s Right to Work law in an effort to confiscate a portion of every workers’ paycheck as a condition of employment,” said Mark Mix, President of the National Right to Work Foundation.

“Unfortunately, this is not the first time that workers in Right to Work states have been victims of forced unionism. Right to Work laws and workers’ rights must be vigorously enforced and defended in order to protect against union officials desire to force workers to pay them just to get or keep a job,” continued Mix.

Under settlement, union must post notices informing employees of their rights not to be a full union member or pay for union politics

San Diego, CA (October 15, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, a Viejas Casino and Resort employee has obtained a settlement with United Food and Commercial Workers (UFCW) Local 135 union officials that safeguards her and her coworkers’ right refrain from paying dues for union politics.

In April 2015, Bolin Ama began working at the Viejas Casino and Resort. She received a “welcome packet” from UFCW union officials that indicated that all new employees were required to join the union and pay full union dues as a condition of working at the casino. She was also told to report to union headquarters to fill out the necessary paperwork and receive a lecture about union membership.

Under federal labor law, no employee can be forced to formally join a union to get or keep a job. In California and 24 other states without Right to Work laws, employees can be required to pay union dues or fees as a condition of employment. However, the Foundation-won Communication Workers v. Beck Supreme Court decision established that employees have the right to refrain from paying dues for union activities unrelated to workplace bargaining, such as political activism. Instead of forthrightly informing Ama and other new employees of these rights, UFCW officials required them to attend an indoctrination session that stressed the need to join the union and pay full dues.

When Ama attempted to assert her workplace rights, UFCW officials were uncooperative. In May, union officials agreed to reduce the amount Ama was required to pay to keep her job. However, UFCW officials provided no information about the union’s finances or how they calculated the fee reduction. Longstanding Supreme Court precedent requires union officials to provide employees with an independent audit of union finances to ensure they are not being charged for political activities to which they object.

In late June, Ama’s Foundation attorneys filed unfair labor practice charges for her with the National Labor Relations Board, a federal agency that administers private sector labor law. Union officials have now agreed to a settlement that requires them to send letters to employees explaining that union membership is not a condition of employment, post public notices informing employees of their right not to pay full union dues, and provide nonunion employees with adequate disclosure about the union’s financial expenditures.

“We are pleased to report that as a result of this legal action, UFCW union bosses must stop misleading employees about their workplace rights,” said Patrick Semmens, vice president of the National Right to Work Foundation. “However, even after this settlement is implemented, many Viejas Casino employees will continue to be forced to pay dues to a union they have no interest in joining or supporting.”

“This continued injustice highlights the need for a California Right to Work law, which would ensure that all union dues are completely voluntary,” continued Semmens.

Union boss policies illegally prevented nonunion drivers from finding work on ABC Lifetime’s Army Wives television show

Washington, DC (October 14, 2015) – After six years of legal maneuvering, Teamster Local 509 union officials are finally paying a worker more than $55,000 in pay he lost when the union prevented him from working.

The U.S. Circuit Court of Appeals for the District of Columbia affirmed a National Labor Relations Board (NLRB) decision awarding back pay to television employee Thomas Coghill. Faced with a longshot appeal to the U.S. Supreme Court, Teamsters Local 509 will pay the backpay owed, with interest, for its discrimination which took place in 2009.

This ends a lengthy legal battle between the worker and union bosses in Charleston, South Carolina. The case began when Coghill, an ABC driver who received free legal assistance from National Right to Work Foundation staff attorneys, filed unfair labor practice charges with the NLRB.

Teamster Local 509 union officials had a monopoly bargaining agreement with ABC in South Carolina that forced workers to go through the union’s exclusive hiring hall to get a job during production of ABC’s show, Army Wives. Coghill – a member of a different Teamster local from North Carolina– was hired as a driver during the show’s first two seasons after demand for drivers outpaced the number of drivers that Local 509 could refer.

As more Local 509 members became available to work during the show’s third season, Teamster officials limited its referral list, and refused to add Coghill to that list. Coghill was denied work on the third season of Army Wives.

Coghill responded to Local 509’s hiring procedure by filing unfair labor practice charges against the union on the grounds that federal labor law prohibits union officials from discriminating against nonunion employees. National Right to Work Foundation staff attorneys helped Coghill recoup more than $55,000 in back pay.

“Thomas Coghill will finally receive the justice he deserves,” said Mark Mix, President of the National Right to Work Foundation. “This case shows that a worker is not free from union intimidation and discrimination just because he or she is in a Right to Work state. Union officials will try every trick in the book to discriminate against employees who refuse to toe the union line.”

Hospital employee filed unfair labor practice charges with the help of National Right to Work Foundation staff attorneys

Sacramento, CA (October 8, 2015) – The National Labor Relations Board (NLRB) has issued a formal complaint against the SEIU United Healthcare Workers West union for violating the workplace rights of a nurse at Dignity Health Mercy General Hospital.

In June of 2015, SEIU officials informed Amy Kelsey that she was automatically enrolled as a union member after she started working at Mercy General and would be expected to pay full union dues to “remain a member in good standing.” SEIU officials gave inadequate information to Kelsey about her rights to refrain from formal union membership and opt out of paying full dues.

In California and other states that lack Right to Work laws, employees can be required to pay union dues or fees as a condition of employment. However, they cannot be forced to pay for activities such as political activism. Moreover, federal labor law provides that no employee can be forced to formally join a union. Union officials have a legal duty to inform employees of these rights.

SEIU officials never informed Kelsey of her workplace rights and failed to give other employees adequate information about how to opt out of paying dues for union politics.

With free legal aid from National Right to Work Foundation staff attorneys, Kelsey filed unfair labor practice charges with the NLRB on July 13, 2015. The NLRB Regional Director has now issued a formal complaint, seeking to require union officials to inform employees of their right to refrain from full union membership and object to paying for union politics. The case will be tried before an Administrative Law Judge.

“SEIU officials are eager to force new employees into full dues-paying union ranks,” said Mark Mix, president of the National Right to Work Legal Defense Foundation. “This illegal ploy is unfortunately all too common from Big Labor union bosses desperate to add to their ranks of forced unionism.”

“This case demonstrates the immediate need for a California Right to Work Law so that every Golden State worker can no longer be forced to pay dues or fees to a union as a condition of getting or keeping a job,” added Mix.

Union officials face lawsuit for violating civil servants’ workplace rights

Jefferson County, KY (October 2, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, 11 Jefferson County public school employees have filed a class-action lawsuit in United States District Court against the Jefferson County School Board, District Superintendent Donna Hargens, the AFSCME union, and a regional and a local AFSCME affiliate.

The lawsuit has already prompted union officials to agree to stop collecting union dues from nonunion employees, pending the implementation of certain procedural safeguards to protect workplace rights.

The plaintiffs contend that the school district lacks the constitutional authority to force county public school employees who oppose the union’s presence to pay any union dues. Even if union officials are authorized to collect mandatory dues from nonunion public employees, they are still obligated to abide by Foundation-won Supreme Court precedents that safeguard civil servants’ workplace rights. Employees who refrain from joining a union cannot be forced to pay union dues for activities unrelated to workplace bargaining, such as political activism, and are entitled to certain procedural safeguards to ensure they are not subsidizing union politics.

In the second part of the lawsuit, the plaintiffs seek class-action status for all similarly-situated school district employees to uphold their right to refrain from paying for union political activism. If the courts determine that union officials are entitled to collect forced dues from unwilling public school employees, the lawsuit seeks to ensure that union officials are at least required to abide by these procedural protections.

On September 29, union officials agreed to stop collecting dues from nonunion employees until they implement certain procedural safeguards. The lawsuit challenging the collection of all union dues will continue to proceed in the United States District Court for the Western District of Kentucky.

“We applaud these Jefferson County civil servants for standing up for their workplace rights,” said Mark Mix, president of the National Right to Work Foundation. “We hope that these public school employees will soon be free from the burden of paying mandatory union dues.”

Teachers at Children of Promise Preparatory Academy in legal battle with union filed an application for joinder to protect right to refrain from unionization

Inglewood, CA (October 2, 2015) – On September 23, 2015 Stephanie Moore, Chidozie Ollawa, and Colbey Waggoner, all teachers from Children of Promise Preparatory Academy, a charter school in Inglewood, California filed a motion to join a legal battle as respondents against the Inglewood Teachers’ Association labor union. The teachers are receiving free legal aid from National Right to Work Foundation staff attorneys.

The legal battle began after Moore filed a decertification petition to remove the union from the workplace with the California Public Employment Relations Board (PERB) on January 29, 2015. On March 16, a PERB agent approved the decertification petition, and informed the appropriate parties that a decertification election would be scheduled.

However, less than two weeks later, the union filed an unfair practice charge against Children of Promise, which included a request to stop the election. The charge alleged that Children of Promise failed to provide the union with employee contact information and had refused to negotiate with the union in good faith.

On June 12, the PERB General Counsel issued a complaint against Children of Promise, and on June 29, PERB affirmed a May 12 decision granting the union’s request to stop the election.

The hearing for the case is set to begin on February 8, 2016 before a PERB administrative law judge. The teachers have filed the application for joinder so that as full parties to the case, they may fully protect their rights and interests in the ongoing litigation.

Currently, the application for joinder is still pending before PERB.

“It is absolutely absurd these teachers have to endure a lengthy legal battle just to remove an unwanted union. The ability to participate at this upcoming hearing is critical for these teachers to present their side of the case, and protect their workplace rights,” said Mark Mix, President of the National Right to Work Foundation.

Labor Board blocked workers’ vote to kick out union and issued complaint against employer for honoring petition by a majority of workers opposed to union presence

Florence, SC (September 29, 2015) – Brenda Lynch and Anna Marie Grant, both employees at Johnson Controls, Inc.’s battery plant in Florence, South Carolina, have filed a motion to intervene with the National Labor Relations Board (NLRB) in an ongoing case involving the union that formerly represented employees in their workplace. Lynch and Grant are receiving free legal aid from NRTW Foundation staff attorneys.

Earlier this month, the NLRB General Counsel issued a formal complaint against Johnson Controls, Inc., a nationwide company, related to its Florence plant. The complaint alleges that Johnson Controls committed an unfair labor practice when it withdrew recognition of the workplace union, United Auto Workers (UAW) and its Local 3066.

However, the company withdrew recognition of the UAW and Local 3066 after a majority of workers submitted a withdrawal petition declaring they no longer wanted the union’s “representation.” The NLRB General Counsel, however, deemed the withdrawal petition invalid and demanded that the UAW be brought back into the plant.

In response to these developments, Lynch, who with several others helped organize the withdrawal initiative, submitted to the NLRB a decertification petition for a secret ballot election to formally remove the union. Rather than hold a secret ballot vote to determine employees’ true desires, the NLRB, at the UAW’s urging, has blocked the secret ballot decertification election citing the pending complaint against the company.

Now, to protect their (and all other employees’) workplace right to refrain from union representation, Lynch and Grant have moved to intervene, seeking full participation in the case. The case has been set for trial on November 16, 2015. If granted intervenor status, Lynch and Grant will, through their attorneys, be able to represent their own interests, and those of the majority of employees who oppose the UAW, at trial. They will have the power to testify, call and examine witnesses, and present legal and factual arguments to protect their and other employees’ rights to disassociate from an unwanted union.

“Brenda Lynch and her colleagues in South Carolina simply sought to exercise their workplace rights, and now must conquer daunting legal hurdles put in place by a Big Labor-stacked NLRB,” said Mark Mix, President of the National Right to Work Foundation.

“Intervenor status is absolutely critical for Brenda and her fellow workers to properly and adequately defend and protect their workplace rights. These workers have said they want nothing to do with the union. It’s just common sense that they should be able to present their case because their rights are at issue,” continued Mix.

Worker advocate issues statement clarifying employee rights

Springfield, VA (September 22, 2015) – The National Right to Work Foundation, which provides free legal assistance to employees nationwide, issued the following statement after UAW officials announced that they would extended their expired bargaining agreement with the Big Three Automakers on an ‘hour-by-hour basis’:

The UAW’s recent announcement that it will extend the existing bargaining agreement with the Big Three Automakers on an “hour-by-hour basis” does not change the fact that Big Three employees in Michigan, Indiana, and Wisconsin now have the right to stop paying union dues. If you or someone you know has been denied the right to stop paying union dues by UAW officials on the grounds that their previous bargaining agreement with the UAW has been extended, contact the National Right to Work Foundation immediately by visiting the Foundation’s website or calling 1-800-336-3600.

“UAW officials can say what they want, but they no longer have the legal authority to require Big Three employees in Michigan, Wisconsin, and Indiana to pay union dues as any ‘extended’ contract is now fully covered by state Right to Work laws,” said Mark Mix, president of the National Right to Work Legal Defense Foundation. “It’s important that employees in all three states understand and are able to exercise their recently-enshrined workplace rights, and we encourage any autoworker who wishes to stop paying union dues to contact the National Right to Work Foundation immediately for free legal assistance.”

The Foundation’s full legal notice to UAW employees can be read here.