Federal lawsuit takes aim at state policies that force nonunion homecare providers to pay union dues, accept union bargaining

Eugene, OR (August 13, 2015) – With the help of staff attorneys from the National Right to Work Foundation and the Pacific Northwest-based Freedom Foundation, an Oregon homecare provider has filed a federal class-action lawsuit against SEIU Local 503, Governor Kate Brown, and several high-ranking state officials. The lawsuit challenges a state policy that requires nonunion Oregon homecare providers to pay union dues and accept union bargaining over issues related to their caregiving practices.

Julian Brown, the suit’s plaintiff, is a homecare provider from Deschutes County. He is not an SEIU member but is part of a state-wide bargaining unit of Oregon caregivers who have been forced to accept SEIU bargaining and pay union dues as a condition of receiving a state homecare subsidy.

The lawsuit seeks to enforce and expand upon the National Right to Work Foundation-won Harris v. Quinn U.S. Supreme Court ruling, which outlawed mandatory union dues for homecare providers in 2014. The Court ruled in Harris that requiring nonunion caregivers to pay union dues violated their First Amendment rights.

Brown’s lawsuit contends that forcing nonunion Oregon caregivers to financially support a union and work under union-negotiated policies both violate the First Amendment. The lawsuit seeks to remove SEIU officials’ exclusive bargaining arrangement with the state and end the union’s power to collect mandatory dues from Oregon care providers. Brown also seeks a refund of all union dues deducted from his and all other nonmember providers’ state subsidies since 2013.

The lawsuit was filed in United States District Court for the District of Oregon in Eugene.

“Despite the fact that the U.S. Supreme Court outlawed mandatory union dues for homecare providers in 2014, SEIU officials in Oregon persist in collecting forced dues from nonunion caregivers,” said Mark Mix, president of the National Right to Work Foundation. “We hope this suit will put a stop to this unconstitutional scheme and ensure that nonunion homecare providers are no longer forced to pay union dues or accept the SEIU’s so-called ‘representation’.”

Plaintiffs seek to reclaim dues collected from tens of thousands of nonunion caregivers who were illegally required to pay AFSCME and UAW

Washington, DC (August 4, 2015) – Building on the National Right to Work Foundation-won Knox v. SEIU Supreme Court decision, Foundation staff attorneys have filed a petition for a writ of certiorari with the High Court in Schlaud v. UAW. The class-action lawsuit seeks to reclaim millions of dollars in illegally-seized union dues for thousands of Michigan homecare providers

The petition was filed for Carrie Schlaud, Diana Orr, Peggy Mashke, and Edward and Nora Gross, who receive a small subsidy from the State of Michigan to provide home-based childcare services. Foundation staff attorneys argue that all similarly-situated Michigan caregivers are entitled to refunds of union dues collected after former Michigan Governor Jennifer Granholm and the Child Care Providers Together Michigan (CCPTM) union, an organization jointly founded by AFSCME and the UAW, pushed them into union ranks.

The five plaintiffs originally filed a federal class-action lawsuit against Granholm and the CCPTM union for designating home-based childcare providers who receive state funds as public employees solely for the purpose of forcing them to accept the CCPTM’s “representation” and pay union dues.

Although less than 15 percent of over 50,000 childcare providers receiving state funding voted in a union certification election, CCPTM union bosses obtained monopoly bargaining privileges and the authority to collect union dues from all home-based childcare providers in the state. The union collected over $4 million dollars in dues before Granholm’s successor, Governor Rick Snyder, ended the arrangement.

After filing their lawsuit, the five plaintiffs reached a settlement with Snyder that ensured Michigan is no longer forcing home-based childcare providers into union ranks. However, the providers’ lawsuit was denied class-action status, meaning that CCPTM union officials were not required to refund $4 million in forced union dues previously collected from over 50,000 other care providers.

Foundation staff attorneys contend that the Court should give all Michigan home-based childcare providers an opportunity to reclaim the wrongfully-seized union dues. The petition also asks the Court to rule that unions must always obtain employees’ affirmative consent before collecting dues from their paychecks.

“A backroom political deal empowered union bosses to confiscate millions of dollars in forced dues from thousands of Michigan caregivers who never agreed to support a union,” said Mark Mix, president of the National Right to Work Foundation. “The Court should see that this money is returned to Michigan childcare providers and establish that union bosses must obtain employees’ consent before collecting dues.”

State Supreme Court and Federal District Court both rule against union challenges to Right to Work protections for public- and private-sector employees

Detroit, MI (July 31, 2015) – Today, the United States District Court for the Eastern District of Michigan has issued an order dismissing an AFL-CIO legal challenge to Michigan’s recently-enacted private-sector Right to Work law. Meanwhile, the Michigan Supreme Court ruled that the state’s Civil Service Commission has no authority to require state employees to pay union dues as a condition of employment. Mark Mix, president of the National Right to Work Foundation, responded to these developments with the following statement:

“Despite union lawyers’ best efforts, two spurious attempts to undermine Michigan’s popular Right to Work laws have failed. In both cases, Foundation staff attorneys filed briefs for Michigan employees who opposed any attempt to restore union officials’ forced-dues privileges.”

“Thanks to these decisions, Michigan civil servants and private-sector employees will continue to enjoy Right to Work protections, which ensure that they cannot be fired for refusing to join or pay dues to a union. Any Michigan workers who need help exercising their right to cut off union dues or fees should immediately contact the National Right to Work Foundation for free legal aid.”

In the public sector case, National Right to Work Foundation staff attorneys submitted an amicus curiae (“friend of the court”) brief for Thomas Haxby, an employee of the Michigan Department of Natural Resources. After Michigan’s Right to Work law went into effect, Haxby resigned his membership in the Service Employees International Union (SEIU) Local 517M, one of the unions that filed the suit, and opted out of paying union dues.

Responding to the AFL-CIO’s legal challenge to Michigan’s private-sector Right to Work law, Foundation staff attorneys also filed a brief for four Michigan employees, all of whom were employed in workplaces covered by a forced-dues contract between their employers and unions before the Right to Work law was enacted.

Prior to enactment of the Right to Work laws, the four workers could be forced to pay union dues or fees to keep their jobs, despite the fact they were not union members and opposed a union presence.

Private-sector Michigan employees seeking to learn about their rights under Right to Work should read the Foundation’s special legal notice: https://www.nrtw.org/special-legal-notice-to-most-private-sector-workers-in-michigan…

Public-sector Michigan employees seeking to learn about their rights under Right to Work should read the Foundation’s special legal notice: https://www.nrtw.org/special-legal-notice-to-most-public-sector-workers…

Any employee who needs help exercising his or her rights can contact the Foundation for free legal aid by calling 1-800-336-3600 or through the Foundation’s website: https://www.nrtw.org/free-legal-aid

Two Federal Civil Rights lawsuits filed against the town and police union after officers were threatened for questioning why 13% of paycheck was being sent to union

Westerly, Rhode Island (July 28, 2015) – Five part-time police officers in Westerly, RI have filed a Civil Rights lawsuit against the Town of Westerly, several town officials, and International Brotherhood of Police Officers Local 503 (Local 503) in U.S. District Court. The plaintiffs are receiving free legal aid from the National Right to Work Foundation.

Thomas Cimalore, Anthony Falcone, Scott Ferrigno, Darrell Koza, and Raymond Morrone, brought the suit and seek declaratory, injunctive, and monetary relief because a portion of every paycheck (at a rate of $5 an hour) is being confiscated by the town and paid directly to Local 503.

The lawsuit alleges that the plaintiffs’ First, Fifth, and Fourteenth Amendment rights (and other state labor and whistle blower protection statues) are violated when they are forced, as a condition of employment, to financially support Local 503 despite never authorizing or requesting that the town withhold a portion of their paycheck and distribute those funds to Local 503. 

Two Federal Civil Rights lawsuits filed against the town and police union after officers were threatened for questioning why 13% of paycheck was being sent to union

Westerly, Rhode Island (July 28, 2015) – Five part-time police officers in Westerly, RI have filed a Civil Rights lawsuit against the Town of Westerly, several town officials, and International Brotherhood of Police Officers Local 503 (Local 503) in U.S. District Court. The plaintiffs are receiving free legal aid from the National Right to Work Foundation.

Thomas Cimalore, Anthony Falcone, Scott Ferrigno, Darrell Koza, and Raymond Morrone, brought the suit and seek declaratory, injunctive, and monetary relief because a portion of every paycheck (at a rate of $5 an hour) is being confiscated by the town and paid directly to Local 503.

The lawsuit alleges that the plaintiffs’ First, Fifth, and Fourteenth Amendment rights (and other state labor and whistle blower protection statues) are violated when they are forced, as a condition of employment, to financially support Local 503 despite never authorizing or requesting that the town withhold a portion of their paycheck and distribute those funds to Local 503.

Because Rhode Island lacks a Right to Work law, and is a forced-unionism state, workers who choose not to join a union can still be forced to pay fees to union bosses as a condition of employment if they labor under a union-imposed contract. However, these 5 part-time officers are not only nonmembers; they are not even represented under Local 503’s monopoly bargaining agreement with the Town of Westerly. Despite that, a clause in the union contract specifically states that, although not covered by the agreement, part-time officers are required to pay a fee to Local 503.

The deductions began about the beginning of April 2014. After noticing the deductions, the officers brought them to the attention of the town’s payroll department. On July 29, 2014, some of the officers met with the Chief of Police, Edward St. Clair, to express their concerns about the unconstitutional and illegal clause in the agreement between the town and Local 503. The complaint alleges that when the officers told St. Clair they planned to publicly speak out, St. Clair admonished them, noting that as part-time officers they could easily be replaced.

In November 2014, the Town revised its “Detail Assignment System” which it uses to allocate all “private duty” assignments (all part-time officers only work private duty). The pay for private duty is 38 dollars an hour. The system was revised in such a manner that it diminished plaintiffs’ hours and pay. The timing and circumstances of the revision caused the officers to allege the revision was retaliation by the town for their questioning the illegal forced fee arrangement.

Moreover, on December 4, 2014, plaintiff Darrell Koza was fired with neither notice nor a hearing. In addition to the five officers’ lawsuit, Koza has filed a separate suit alleging that his termination was illegal retaliation for publicly speaking out against the illegal scheme.

“In an elaborate and blatantly unconstitutional scheme, union bosses and bureaucrats joined forces to confiscate 13% of every paycheck from hardworking part-time police officers,” said Mark Mix, President of the National Right to Work Foundation.

“These five individuals simply wanted to serve their community; instead they are forced to subsidize the special interests of union bosses who do not even represent them. The scheme itself is outrageous, but it is just as shameful that, when these officers asked questions about why their rights were being violated, they also found themselves subject to threats and retaliation,” continued Mix.

Union bosses ignored Michigan’s Right to Work law and continued to collect forced dues from seven Mercy Memorial Hospital workers

Monroe, Michigan (July 23, 2015) – Seven workers at Mercy Memorial Hospital in Monroe, MI have won a settlement from Service Employees International Union Local 79 (SEIU) in a case challenging SEIU officials’ failure to obey Michigan’s new Right to Work law and accept the workers’ revocation of a union dues checkoff scheme.

James McGregor, Anna Serra, Mary Sancrainte, Nancy Krueger, Janice Noel, Anna Hoffman, and Susan Harrison, with free legal aid from the National Right to Work Legal Defense Foundation, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against SEIU Local 79 in February of this year.

All seven workers had been members of the union. In late November 2014, the monopoly bargaining agreement between Local 79 and Mercy Memorial Hospital expired. In the weeks just before and after the contract expired, all seven workers resigned union membership and attempted to exercise their new workplace rights under Michigan’s Right to Work law to refrain from paying Local 79 any fees as nonmembers. 

Union bosses ignored Michigan’s Right to Work law and continued to collect forced dues from seven Mercy Memorial Hospital workers

Monroe, Michigan (July 23, 2015) – Seven workers at Mercy Memorial Hospital in Monroe, MI have won a settlement from Service Employees International Union Local 79 (SEIU) in a case challenging SEIU officials’ failure to obey Michigan’s new Right to Work law and accept the workers’ revocation of a union dues checkoff scheme.

James McGregor, Anna Serra, Mary Sancrainte, Nancy Krueger, Janice Noel, Anna Hoffman, and Susan Harrison, with free legal aid from the National Right to Work Legal Defense Foundation, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against SEIU Local 79 in February of this year.

All seven workers had been members of the union. In late November 2014, the monopoly bargaining agreement between Local 79 and Mercy Memorial Hospital expired. In the weeks just before and after the contract expired, all seven workers resigned union membership and attempted to exercise their new workplace rights under Michigan’s Right to Work law to refrain from paying Local 79 any fees as nonmembers.

After a delay, on January 27, 2015, SEIU Local 79 officials accepted the seven workers’ resignations, but rejected the dues checkoff revocations of five of them, continuing to have union dues automatically deducted from their paychecks. Union officials claimed that the method — fax not registered mail — by which the five submitted their dues revocations did not satisfy a bureaucratic requirement imposed by the union.

Thus, these five workers were denied their right to refrain from paying fees to a union, a violation of Michigan’s Right to Work law. Moreover, for one worker, Krueger, the harassment by union officials was even worse. Upon Krueger’s resignation from the union and submission of her dues revocation, union officials produced what appeared to be a forged dues checkoff authorization form which they claimed Krueger had signed in 2013. However, Krueger did not sign any such form in 2013, and the signature appearing on the form is not hers.

Now the workers have prevailed. The settlement recognizes all seven workers as nonmembers, accepts their dues checkoff revocations, and requires Local 79 to reimburse the workers for various amounts of dues deducted after they resigned and revoked.

“Here is a clear demonstration that even with Right to Work protections, workers are never free from harassment and intimidation by union bosses,” said Mark Mix, President of the National Right to Work Foundation. “Passing Right to Work laws is only the first step in protecting the workplace rights of all workers. Without stringent enforcement of Right to Work laws, union bosses will create illegal hurdles or outright ignore workers’ attempts to cut off all dues and fees, as is their right in the 25 states with Right to Work protections.”

Arizona Fry’s Employees Take Federal Challenge to Illegal Union Dues Scheme to DC Appeals Court

Obama Labor Board rubberstamps years of suspected widespread abuse

Washington, DC (April 22, 2015) – Seven Phoenix-area Fry’s Food Stores employees have appealed their federal case filed after United Food & Commercial Workers (UFCW) Local 99 union and company officials refused to honor their legal right to refrain from union dues payments.

With free legal assistance from National Right to Work Foundation staff attorneys, Shirley Jones of Mesa; Karen Medley and Elaine Brown of Apache Junction; Kimberly Stewart and Saloomeh Hardy of Queen Creek; and Tommy and Janette Fuentes of Florence – acting for other similarly situated employees – filed federal unfair labor practice charges in December 2009 that spurred the National Labor Relations Board (NLRB) to investigate and issue a statewide complaint against UFCW Local 99 union officials.

Click here to read the full release.

Washington, DC (April 22, 2015) – Seven Phoenix-area Fry’s Food Stores employees have appealed their federal case filed after United Food & Commercial Workers (UFCW) Local 99 union and company officials refused to honor their legal right to refrain from union dues payments.

With free legal assistance from National Right to Work Foundation staff attorneys, Shirley Jones of Mesa; Karen Medley and Elaine Brown of Apache Junction; Kimberly Stewart and Saloomeh Hardy of Queen Creek; and Tommy and Janette Fuentes of Florence – acting for other similarly situated employees – filed federal unfair labor practice charges in December 2009 that spurred the National Labor Relations Board (NLRB) to investigate and issue a statewide complaint against UFCW Local 99 union officials.

In the midst of a well-publicized UFCW Local 99 union-threatened strike in November 2009, the employees resigned their UFCW union membership and revoked their dues deduction authorizations – a document used by union officials to automatically withhold dues from employee paychecks – while the UFCW union did not have a contract at their workplaces. Despite the employees’ best efforts to halt the dues seizures, Fry’s continued to illegally deduct dues from the employee’s paychecks for the UFCW union hierarchy.

Under Arizona’s popular Right to Work law, no worker can be required to join or pay any money to a union, and under federal labor law, if there is no longer a bargaining agreement in effect between a union and an employer, employees can revoke their dues deduction authorizations at any time.

After a four month long investigation, the Phoenix NLRB regional director initiated a prosecution against UFCW Local 99 union officials for enforcing illegal dues deduction authorizations that do not allow employees to revoke them during contract hiatus periods, contrary to federal law. However, an NLRB administrative law judge rubberstamped the scheme. The NLRB in Washington, D.C. now has upheld the ruling on appeal a second time. The NLRB previously rubberstamped the ruling in a decision later invalidated by the U.S. Supreme Court’s holding in Noel Canning that the Board lacked a valid quorum after President Obama’s unconstitutional 2012 NLRB “recess appointments.”

The seven Fry’s employees are again appealing the NRLB’s ruling to the U.S. Court of Appeals for the District of Columbia Circuit.

“The Obama NLRB has rubberstamped UFCW Local 99 bosses’ years of suspected abuse and violation of thousands of workers’ rights across the state of Arizona,” said Patrick Semmens, vice president of the National Right to Work Foundation. “We applaud these workers’ pursuit for justice on behalf of thousands of workers who may have been illegally forced into paying union dues in violation of Arizona’s Right to Work law.”

Local Sheet Metal Factory Workers File Federal Charges against Machinist Union and Company

Case underscores need for Wisconsin’s new Right to Work law

Allenton, WI (April 22, 2015) – Three Maysteel, LLC sheet metal fabrication factory workers have filed federal charges against a local Machinist union and the company for violating their rights.

With the help of National Right to Work Foundation staff attorneys, Daniel Sarauer of Campbellsport, Dan Zastrow of Mayville, and Daryl Bartsch of Oakfield filed the charges with the National Labor Relations Board (NLRB) regional office in Milwaukee.

International Association of Machinists (IAM) Local Lodge 2053 union officials currently enjoy monopoly bargaining control over the Maysteel workers’ workplace. Previously, the three workers resigned their union membership and exercised their right upheld by the U.S. Supreme Court in the Foundation-won Communications Workers v. Beck case to refrain from paying for union political activities and member-only events. Even though they are not union members, they have still been forced to accept the union hierarchy’s so-called representation and pay union fees as a condition of employment.

Click here to read the full release.