Questionable local court ruling threatens popular Right to Work law that protects Wisconsin employees from mandatory union dues

Dane County, WI (April 8, 2016) – Patrick Semmens, vice president of the National Right to Work Legal Defense Foundation, issued the following statement regarding the Dane County Circuit Court’s ruling against Wisconsin’s recently-enacted Right to Work law:

“Right to Work laws have been passed by 26 states and have been repeatedly upheld in state and federal court. However, that didn’t stop a lone Dane County Circuit Court judge from ruling against Wisconsin’s Right to Work law on extremely questionable grounds. According to the Court’s dubious reasoning, the State of Wisconsin cannot protect employees from union bosses who threaten to have them fired for refusing to pay dues or fees to a union they don’t support.

“This isn’t the first time a Dane County Circuit Court judge has overreached. Another judge previously struck down Governor Scott Walker’s Act 10 public-sector union reforms, a decision that was decisively reversed by the Wisconsin Supreme Court.

“Contrary to the union’s misrepresentations which the judge disingenuously accepted, it is union bosses who choose to exercise monopoly control over all workers, including those who oppose the union and who feel they would be better off without union officials’ imposed ‘representation.’ Without Right to Work protections, the injustice that workers face by having an unwanted union imposed on them against their will is compounded by the injustice of being forced to pay a portion of their hard-earned paychecks to union officials they oppose.

“Fortunately for Wisconsin workers, this Dane County judge’s ruling is not the final word on the matter. An appeal of this decision is certain, and we are confident that Wisconsin’s Right to Work law will ultimately be upheld by the Wisconsin Supreme Court.”

Staff attorneys from the National Right to Work Legal Defense Foundation along with the Wisconsin Institute for Law and Liberty represented pro-Right to Work Wisconsin employees in the case by filing an amicus brief. In addition veteran Foundation staff attorney Milton Chappell participated in the oral argument for the employees seeking to defend the Right to Work law. Foundation staff attorneys are also representing Wisconsin employees in enforcing the law. Both the U.S. Court of Appeals and the Indiana Supreme Court recently rejected the same arguments made by the unions in this case.

Wisconsin employees seeking assistance in exercising their rights under Wisconsin’s Right to Work protections can contact the Foundation for free legal aid by calling 1-800-336-3600 or by going to www.nrtw.org.

Right to Work Foundation attorneys represent reformer seeking to notify teachers of their right to stop paying for partisan union politics and lobbying

Pittsburgh, PA (April 5, 2016) – Today, before the Pennsylvania Supreme Court, veteran National Right to Work Foundation staff Attorney W. James Young defended an education activist’s right, under Pennsylvania’s Right-to-Know Law, to inform public school teachers about their legal rights relating to union membership.

The case, Pennsylvania State Education Association et al. v. Commonwealth of Pennsylvania et al., is being heard on appeal from the Commonwealth Court. In February 2015, the Pennsylvania Commonwealth Court effectively ended teacher unions’ stranglehold over public school teachers’ access to information about their workplace rights by affirming an education activist’s request to access the contact information of teachers across the state.

National Right to Work Foundation staff attorneys appeared in the case for Simon Campbell, president of Pennsylvanians for Union Reform, who sought the information to inform educators of their rights to refrain from union membership and opt out of paying dues for union politics.

In its 5-2 decision, the Commonwealth Court ruled that Campbell was entitled to public school teachers’ contact information under the state’s Right-to-Know law so long as the teachers were informed of his request and allowed to object to the release of that information. The Pennsylvania State Education Association appealed that decision to the state’s Supreme Court.

In 2009, Campbell and Pennsylvanians for Union Reform submitted a request with the Pennsylvania Office of Open Records for the contact information of over 200,000 Pennsylvania educators. Pennsylvania State Education Association (PSEA) union lawyers responded by filing a lawsuit against the Office of Open Records to block the release of that information.

Although Pennsylvania teachers can be forced to pay union dues or fees as a condition of employment, they cannot be required to accept full union membership or pay fees for anything unrelated to workplace bargaining, such as union political activism.

Unfortunately, union officials frequently seek to limit teachers’ access to information about their rights to refrain from union activities and to opt out of paying full union fees.

“Today’s argument asks the court to decide if union officials should be granted a monopoly over teachers’ personal information and thus prevent Pennsylvanian educators from learning about their workplace rights,” said Mark Mix, president of the National Right to Work Foundation. “Informing teachers of their rights to refrain from union membership and subsidizing union politics is absolutely necessary to counter union bosses’ campaigns of misinformation. I applaud Mr. Campbell’s efforts, and the National Right to Work Foundation is pleased to help him in this fight.”

National Right to Work Foundation staff attorneys helped Michigan care providers challenge union dues scheme

Washington, DC (April 4, 2016) – The United States Supreme Court has declined to hear Schlaud v. UAW, a class-action lawsuit filed by five Michigan childcare providers who hoped to reclaim millions of dollars in illegally-confiscated union dues for thousands of their fellow caregivers.

Plaintiffs Carrie Schlaud, Diana Orr, Peggy Mashke, and Edward and Nora Gross receive a small subsidy from the State of Michigan to provide home-based childcare services. The five plaintiffs also received free legal assistance from National Right to Work Foundation staff attorneys.

Schlaud and her co-plaintiffs originally filed a federal class-action lawsuit against former Michigan Governor Jennifer Granholm and the CCPTM union for designating home-based childcare providers who receive state funds as “public employees” in order to force them to accept the CCPTM’s “representation” and pay union dues. The plaintiffs reached a settlement with Governor Rick Snyder that ensured that Michigan would no longer force home-based childcare providers into union ranks. However, the providers’ lawsuit was denied class-action status by the lower courts. Consequently, CCPTM union officials were not required to refund $4 million in forced union dues previously collected from over 50,000 other care providers.

In the Foundation’s 2014 Harris v. Quinn Supreme Court victory, the court ruled that homecare unionization schemes like the one in Michigan violate providers’ First Amendment rights. Unfortunately, the Supreme Court’s denial of certiorari in Schlaud means that the union will not have to return the fees confiscated in violation of the Constitution to thousands of Michigan care providers.

“We are disappointed that the Supreme Court has declined to hear Schlaud v. UAW,” said Mark Mix, president of the National Right to Work Foundation. “Unwilling Michigan childcare providers were pushed into union ranks as part of a backroom political deal between union officials and former Michigan Governor Jennifer Granholm. Despite the fact that union bosses were caught red-handed violating the constitutional rights of childcare providers, tens of thousands of caregivers will not be given a chance to reclaim money that was illegally seized by the union.”

Union officials hit each employee with a fine exceeding five thousand dollars for exercising their right to continue working during a strike

Seattle, WA (April 1, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, fourteen Northshore Sheet Metal employees have filed federal unfair labor practice charges against a local union for illegally fining them thousands of dollars after they refused to join a union-ordered strike.

All fourteen employees originally joined the Sheet Metal Workers Local 66 union because they were wrongfully informed that union membership was a condition of employment at Northshore Sheet Metals. After union officials ordered a strike in August 2015, the employees learned that formal union membership is voluntary and decided to exercise their rights to resign from the union and refrain from participating in the work stoppage.

Although the employees had resigned from the union, Local 66 officials subjected them to internal union disciplinary procedures for refusing to strike. All fourteen workers were charged varying amounts for rebuffing the union’s strike order. All of the fines exceeded five thousand dollars.

Under federal labor law, no employee can be required to formally join a union as a condition of employment. Moreover, employees have the right to resign from a union at any time, at which point they can no longer be subjected to internal union discipline. Local 66 officials not only failed to inform Northshore Sheet Metal workers of their rights, they also refused to honor the fourteen employees’ resignations.

In addition to levying punitive strike fines, the union also posted photographs and names of each of the fourteen employees. The employees have since been harassed for their decision not to participate in the strike.
The employees’ charges will now be investigated by the National Labor Relations Board. In the coming weeks, National Right to Work Foundation staff attorneys anticipate filing charges for several other nonunion employees who were also fined by union officials for continuing to work during the union-ordered strike.

“Local 66 union officials misled employees about their right to refrain from union membership, ignored their requests to leave the union, and are now threatening those same employees with thousands of dollars in bogus strike fines,” said Mark Mix, president of the National Right to Work Foundation. “Employees shouldn’t have to endure this brazen intimidation simply because they don’t want to abandon their jobs and their paychecks at the behest of union bosses.”

4-4 decision leaves public sector union officials’ forced-dues powers in place

Washington, DC (March 29, 2016) – Patrick Semmens, vice president of the National Right to Work Foundation, issued the following statement regarding the Supreme Court’s 4-4 Friedrichs ruling:

“While we are disappointed that the Supreme Court’s 4-4 deadlock leaves union officials’ forced dues powers over public sector employees in place, an evenly split court always seemed like the most likely outcome after the sudden passing of Justice Scalia. Today’s order means Rebecca Friedrichs’ case probably won’t be the one to finally free public servants from being forced to fund the activities of union bosses just to work for their own government, but the issue is not going away and could return to the High Court soon.

National Right to Work Foundation staff attorneys already have five cases working their way through the court system asking that mandatory union dues and fees be struck down as a violation of employees’ First Amendment rights. Meanwhile, several other cases, including one pending before the Supreme Court on a petition for certiorari, challenge union officials’ scheme of requiring employees to opt-out of union spending on politics and lobbying rather that affirmatively consenting to fund those activities by opting in. Because the 4-4 split in Friedrichs has no precedential legal value, we fully expect the constitutionality of forced unionism to be back before the Supreme Court before too long.”

IAM officials ignored employees’ resignation requests when they tried to exercise their rights under Wisconsin’s Right to Work law

Sparta, WI (March 24, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, two Northern Engraving Corporation employees have filed federal unfair labor practice charges against their employer and the International Association of Machinists Lodge No. 1771 (IAM) union. According to charges filed by Sharon Kirchner and Julie Anderson, union and company officials violated federal law by ignoring their attempts to resign from the union and stop paying union dues.

Under Wisconsin’s recently-enacted Right to Work law, no employee can be forced to join or pay dues to a union to keep a job. Although Kirchner and Anderson previously belonged to the IAM, they both sent letters to their employer and the union within the past six months announcing their decision to resign and stop paying dues.

Not only did union officials fail to respond to Kirchner and Anderson’s resignation letters, they also ignored similar requests from other Northern Engraving employees. To this date, Northern Engraving continues to deduct – and IAM officials continue to collect – full union dues from Kirchner and Anderson’s paychecks.

The employees’ charges will now be investigated by Region 18 of the National Labor Relations Board, a federal agency responsible for administering private sector labor law.

“The passage of Wisconsin’s Right to Work law was a significant victory for employee rights,” said Patrick Semmens, vice president of the National Right to Work Foundation. “However, Wisconsin workers will only benefit if their rights to refrain from union membership and the payment of union dues are vigorously enforced. That’s why we stepped in to take this case.”

“Any other Wisconsin employee who faces obstructionist tactics when attempting to exercise his or her right to leave a union and stop paying union dues should contact the National Right to Work Foundation immediately for free legal assistance,” added Semmens.

National Right to Work Foundation assists Michigan State University employee after university union bosses illegally demanded forced union fees and ignored union resignation

East Lansing, Michigan (March 18, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, a Michigan State University employee has filed unfair labor practice charges with the Michigan Employment Relations Commission (MERC) against the MSU Administrative Professional Association (APA) union and its state affiliate, the Michigan Education Association (MEA). The charges detail how union officials violated Michigan’s public sector Right to Work law by illegally demanding compulsory union fees.

Nichole Frattaroli works as an information technologist at Michigan State University. Frattaroli exercised her right to resign her APA union membership in September 2015 and revoked her dues-checkoff authorization form.

On September 30, 2015, the preexisting monopoly bargaining agreement between the APA and Michigan State expired, and Frattaroli became fully covered by Michigan’s public sector Right to Work law.

Despite her resignation, full union dues continued to be deducted from her October, November, and December paychecks. In late December, Frattaroli sent another letter to Michigan State and APA officials noting that they had violated the Right to Work law. APA officials ignored Frattraoli’s letter.

In mid-January, after sending a third letter, Frattaroli received an e-mail from APA officials stating that Frattaroli remained an APA member, and that she is required to pay nearly $600 in union dues. In response, Frattaroli requested that APA officials accept her September resignation and refund all of the illegally seized dues APA received from October through December. The union has not responded to Frattaroli’s request.

Michigan’s Right to Work law protects Frattaroli’s right to refrain from union membership, and prohibits union officials from charging workers union dues or fees as a condition of employment.

“This latest forced-dues foul is part of union bosses’ playbook of illegal blocks and screens designed to prevent workers from exercising the protections enshrined in Michigan’s popular new Right to Work laws,” said Mark Mix, president of the National Right to Work Foundation.

“What we are seeing in Michigan is a widespread systematic attempt by union bosses to undermine Michigan’s Right to Work protections by repeatedly violating the law. Fortunately, the National Right to Work Foundation stands ready assist workers in enforcing their legal rights so these violations cannot continue with impunity.”

National Right to Work Legal Defense Foundation staff attorneys are currently litigating more than 40 cases in Michigan for employees whose rights have been violated by Michigan union officials.

Employees voted to oust Teamsters last November but were forced to wait months while the NLRB resolved a last-ditch union attempt to overturn results

Santa Cruz, CA (March 16, 2016) – Following a lengthy legal process, the National Labor Relations Board (NLRB) has certified the outcome of an election removing Teamsters Local 912 from two Oakland-area Threshold Enterprises facilities. National Right to Work Foundation staff attorneys participated in the hearing for Tomas Campos, a Threshold employee who opposed the union’s presence and defended the employees’ vote to eject the union.

Prior to the decertification election, Local 912 was the monopoly bargaining agent for approximately 546 Threshold employees at the facilities. Because California lacks a Right to Work law, this meant that Teamster officials were legally empowered to collect mandatory union dues or fees from all workers, including the majority who opposed the union’s presence.

In late November 2015, Threshold employees voted 269-195 to remove the Teamsters. Union lawyers responded by filing four election objections with the NLRB, three of which were immediately rejected. After holding a hearing on the remaining objection, the NLRB ultimately upheld the election results.

Not only did union officials fight the decertification results, they also retaliated against employees who opposed the union’s presence. Prior to the election, Foundation staff attorneys filed federal unfair labor practice charges for Hector Garcia and Enriqueta Morales, two employees whose jobs were threatened for working to remove the union. Garcia and Morales also say that other employees faced harassment and intimidation from Teamster operatives for opposing the union’s presence.

“Mr. Campos and his colleagues had to overcome legal obstructionism and Teamster boss intimidation tactics to get rid of a union they wanted nothing to do with,” said Patrick Semmens, vice president of the National Right to Work Foundation. “Unfortunately, workers across the country often face similar hurdles when attempting to remove unwanted union bosses from their workplaces.”

“This episode also emphasizes the need for a California Right to Work law, which would ensure that no employee can be forced to pay union dues to get or keep a job,” continued Semmens.

National Right to Work Foundation assists public school teacher after Grand Rapids Education Association union officials illegally demanded nearly $2,000 in forced union fees

Grand Rapids, Michigan (March 9, 2016) – With free legal assistance from National Right to Work Foundation staff attorneys, a public school teacher in Grand Rapids, Michigan has filed an unfair labor practice charge with the Michigan Employment Relations Commission (MERC) against the Grand Rapids Education Association (GREA) and the Michigan Education Association (MEA). The charge details how union officials violated Michigan’s public sector Right to Work law by illegally demanding compulsory union fees.

Becky Lapham is a teacher with Grand Rapids Public Schools and works at the Lincoln Developmental Center. When she resigned her membership with the GREA union, union officials informed Lapham that even as a nonmember she would be required to pay union fees until the existing monopoly bargaining agreement expired in 2015.

Once the preexisting monopoly bargaining agreement expired on June 30, 2015, Lapham became fully covered by Michigan’s public sector Right to Work law.

Despite her rights under Michigan’s public employee Right to Work law, in January 2016 Lapham received a letter from MEA union officials demanding nearly two thousand dollars in union dues. The letter included an invoice for 2015-2016 membership dues, and listed Lapham as a “member,” even though she had exercised her right to resign from formal union membership nearly a year and half earlier.

Because Lapham is not a union member and is fully covered by the Right to Work law, she cannot be required to pay any union dues or fees as a condition of employment. The MEA’s demand for forced dues prompted Lapham to file the charge which MERC will now investigate.

“Nearly every day we learn of yet another blatant violation of Michigan’s Right to Work laws by union bosses,” said Mark Mix, president of the NRTW Foundation. “The NRTW Foundation will continue to fight alongside teachers, bus drivers, civil servants, and all workers who suffer abuse from forced unionism. These sorts of schemes must not continue, because no worker should ever be forced to pay union dues or fees just to get or keep a job.”

National Right to Work Legal Defense Foundation staff attorneys are currently litigating over 40 cases in Michigan for employees whose rights have been violated by Michigan union officials.