Former Seasonal UPS Employee Wins Settlement from Company after Illegal Firing

Company sent worker packing for trying to exercise his right not to join the Teamster union guaranteed by Indiana’s popular Right to Work law

Indianapolis, IN (March 2, 2015) – A former seasonal Indianapolis-area UPS (NYSE: UPS) worker has settled with the company after filing unfair labor practice charges against UPS with the National Labor Relations Board (NLRB).

Avon resident Dale Thrasher filed the charges with free legal assistance from National Right to Work Foundation staff attorneys after UPS refused to hire him in retaliation for declining to join the Teamsters union during the company’s orientation.

Thrasher has been a seasonal employee for UPS for the past several years. In November 2014, while attending a UPS driver orientation, company officials told all potential employees that they were required to join the union as a condition of employment.

Click here to read the full release.

Indianapolis, IN (March 2, 2015) – A former seasonal Indianapolis-area UPS (NYSE: UPS) worker has settled with the company after filing unfair labor practice charges against UPS with the National Labor Relations Board (NLRB).

Avon resident Dale Thrasher filed the charges with free legal assistance from National Right to Work Foundation staff attorneys after UPS refused to hire him in retaliation for declining to join the Teamsters union during the company’s orientation.

Thrasher has been a seasonal employee for UPS for the past several years. In November 2014, while attending a UPS driver orientation, company officials told all potential employees that they were required to join the union as a condition of employment.

Under Indiana’s popular Right to Work law, no worker can be required to join or pay fees to a union as a condition of employment. Under federal law, even workers in states without Right to Work protections have the unconditional right to refrain from union membership at any time and the right to refrain from union dues or fees during the first 30 days after employment.

When Thrasher said he was not joining the Teamsters union, a manager stated, “Here at UPS, you have to join the union.” Thrasher was then escorted off the property.

After Thrasher filed the charge for his unlawful discharge, he was rehired by UPS. Later, Thrasher was awarded compensation under the terms of the settlement for the time he was out of work.

“UPS management misled seasonal workers about their rights concerning union membership and dues payments under federal and state law,” said Mark Mix, president of the National Right to Work Foundation. “This case underscores the importance Indiana’s Right to Work law has for workers who often face coercion from powerful union and company officials just for trying to exercise their rights.”

Foundation attorneys are assisting other UPS employees encountering difficulties in exercising their rights to refrain from Teamster union membership and dues payments. In Michigan, two UPS employees filed charges against the company and the union for stonewalling their attempts to exercise their rights under Michigan’s recently-enacted Right to Work law. In California, Foundation attorneys are assisting a former seasonal UPS employee who received a $0 paycheck after UPS illegally deducted, and the Teamster union hierarchy accepted, union dues and fees from his paycheck.

Shell Oil Refinery Worker Files Federal Charge in Wake of Steelworker Union Strike Intimidation

Union officials threatening workers who refused to abandon their jobs

Houston, TX (February 24, 2015) – As the highly-publicized United Steelworker (USW) union-instigated strike against oil refineries continues, a Shell Oil Company refinery worker has filed a federal charge against a local Steelworker union for intimidating workers for refusing to abandon their jobs.

With free legal assistance from National Right to Work Foundation staff attorneys, Joseph Smith of Friendswood, Texas filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

At Smith’s plant in Deer Park, roughly 150 of the approximately 800-large workforce have continued to work during the strike, with many resigning their membership in the USW Local 13-1 union, as is their right under federal labor law and Texas’ popular Right to Work law. As the stream of workers resigning union membership and returning to work grows every day, it was reported that USW Local 13-1 union officials turned off their fax machine in an attempt to stop workers from exercising their right to resign and return to work.

Click here to read the full release.

Houston, TX (February 24, 2015) – As the highly-publicized United Steelworker (USW) union-instigated strike against oil refineries continues, a Shell Oil Company refinery worker has filed a federal charge against a local Steelworker union for intimidating workers for refusing to abandon their jobs.

With free legal assistance from National Right to Work Foundation staff attorneys, Joseph Smith of Friendswood, Texas filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

At Smith’s plant in Deer Park, roughly 150 of the approximately 800-large workforce have continued to work during the strike, with many resigning their membership in the USW Local 13-1 union, as is their right under federal labor law and Texas’ popular Right to Work law. As the stream of workers resigning union membership and returning to work grows every day, it was reported that USW Local 13-1 union officials turned off their fax machine in an attempt to stop workers from exercising their right to resign and return to work.

Smith’s unfair labor practice charge alleges that USW Local 13-1 union officials are resorting to harassing, coercing, and threatening workers for refusing to abandon their jobs. Further, USW Local 13-1 union officials have allowed the union’s website and Facebook page to be used to communicate threats against workers who continue to work during the strike.

“USW union bosses are trying to punish workers who have the courage not to toe the union boss line and instead provide for their families,” said Mark Mix, President of National Right to Work. “It is indefensible that workers who resign their union membership and continue to work to support their families in defiance of the USW boss-ordered strike are now being harassed and threatened for exercising their rights.”

In response to the high-profile strike, the National Right to Work Foundation recently issued a special legal notice to workers affected which lays out their rights under federal labor law: https://www.nrtw.org/en/special-legal-notice-usw-refinery-strike-02032015.

Teenage Grocery Clerk Wins Federal Case Against Grocery Union Officials Who Violated His Rights

Union officials illegally threatened to have him fired for not joining and paying full dues

San Diego, CA (February 24, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, a teenage part-time Ralphs Grocery clerk has won a federal ruling against a local grocery union for violating his workplace rights.

The teenager filed an unfair labor practice charge with the National Labor Relations Board (NLRB) against the United Food & Commercial Workers (UFCW) Local 135 union after union officials provided him in July 2013, with a membership packet that illegally stated that new hires must join the union and pay full union dues as a condition of their employment.

The teenager eventually learned about his right to refrain from full dues paying union membership and made multiple inquiries about resigning his union membership and paying reduced dues with UFCW Local 135 officials. His multiple requests were denied, stonewalled, or ignored.

Click here to read the full release.

San Diego, CA (February 24, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, a teenage part-time Ralphs Grocery clerk has won a federal ruling against a local grocery union for violating his workplace rights.

The teenager filed an unfair labor practice charge with the National Labor Relations Board (NLRB) against the United Food & Commercial Workers (UFCW) Local 135 union after union officials provided him in July 2013, with a membership packet that illegally stated that new hires must join the union and pay full union dues as a condition of their employment.

The teenager eventually learned about his right to refrain from full dues paying union membership and made multiple inquiries about resigning his union membership and paying reduced dues with UFCW Local 135 officials. His multiple requests were denied, stonewalled, or ignored.

In August 2013, union officials again demanded the teenager join the union and pay full dues and initiation fees or get fired. Union officials also sent a letter demanding that he appear at the union hall if he wished to refrain from union membership. They also demanded his social security number in order to exercise his right not to join the union.

Because California does not have Right to Work protections making union affiliation completely voluntary, nonmember workers can be forced to pay part of union dues to keep their jobs. However, workers who refrain from union membership can refrain from paying dues used for union politics and members-only events.

A NLRB administrative law judge ruled that UFCW Local 135 union brass violated the teenager’s rights by failing to follow federal disclosure requirements that allow workers to know what amounts they can be forced to pay as a condition of their employment, and explain the union’s financial calculations.
The judge also ordered the union hierarchy to rescind its policy requiring new hires to appear in person at the union’s office in order to exercise their rights.

“It took 17 months for this worker to get a ruling holding UFCW union officials accountable for blatantly violating federal law to keep their forced dues gravy train going,” said Mark Mix, President of the National Right to Work Foundation. “This case underscores the need for California to pass a Right to Work law making union affiliation and dues payments completely voluntary.”

Twenty-four states have Right to Work protections for employees. Public polling shows that nearly 80 percent of Americans and union members support the principle of voluntary unionism.

Worker Advocate Files Federal Court Briefs Challenging Obama Labor Board’s Ambush Election Rules

In two court challenges to NLRB’s recycled biased rules, Foundation argues rules allow union bosses to ambush workers into Big Labor’s forced-dues-paying ranks

Washington, DC (February 12, 2015) – The National Right to Work Foundation has filed briefs in two federal courts challenging the National Labor Relations Board’s (NLRB) recently-enacted regulations that will further give union organizers the upper hand over independent-minded employees during unionization campaigns.

The rules are designed to dramatically shorten the time individual workers have to share information with their coworkers about the effects of unionization. The regulations also require employers to hand over workers’ private information to union organizers, including their phone numbers and email addresses.

Click here to read the full release.

Washington, DC (February 12, 2015) – The National Right to Work Foundation has filed briefs in two federal courts challenging the National Labor Relations Board’s (NLRB) recently-enacted regulations that will further give union organizers the upper hand over independent-minded employees during unionization campaigns.

The rules are designed to dramatically shorten the time individual workers have to share information with their coworkers about the effects of unionization. The regulations also require employers to hand over workers’ private information to union organizers, including their phone numbers and email addresses.

The latest rules changes were rushed out before former union lawyer Nancy Schiffer’s term expired on December 16, 2014. The NLRB had previously rushed the regulations out before former Service Employees International Union (SEIU) lawyer Craig Becker’s term expired in December 2011, but they were later invalidated by a federal district court in 2012 on procedural grounds.

Foundation staff attorneys now argue in amicus curiae briefs filed with the U.S. District Courts for the District of Columbia and the Western District of Texas that the new rules violate federal law, because the Board is shirking its statutory duty to determine the scope of the bargaining unit. Under the rules, unionization elections will proceed despite disputes over the unit’s scope if less than 20 percent of the bargaining unit’s composition is contested.

“It would be absurd for a redistricting commission to assert that it properly defined a congressional district while leaving unresolved whether one-fifth of adjacent counties are in or out of the district,” Foundation attorneys state. “So too is it absurd for the Board to claim it is defining an appropriate bargaining unit while leaving unresolved whether one-fifth of job positions are in that unit.”

“Being up to 20% wrong about the proper scope of a unit is simply not ‘close enough for government work,'” the briefs continue.

Foundation attorneys also argue in the briefs that the rule requiring job providers to hand over the employees’ personal information to union bosses violates workers’ privacy.

“The NLRB has once again regurgitated Big Labor’s wish list with these election rules designed to make unionization campaigns even more one-sided in an effort to boost union bosses’ forced dues ranks,” said Mark Mix, President of the National Right to Work Foundation. “The Obama Labor Board’s latest give-away to Big Labor will ambush unsuspecting workers into union ranks and encroaches on the privacy rights of employees who may oppose unionization in their workplace.”

NRTW Praises Rauner Executive Action, Offers Free Legal Aid to Illinois State Employees

Foundation has long history of assisting public employees seeking to refrain from union membership and dues payments

Washington, DC (February 10, 2015) – The National Right to Work Foundation is offering free legal aid to public employees seeking to exercise their right to refrain from paying union dues or fees that may result from Illinois Governor Bruce Rauner’s newly-issued executive order.

Governor Rauner issued an executive order late Monday that instructs all state agencies to put in escrow, pending the outcome of a federal court lawsuit the Governor filed the same day, all forced union-fee deductions from nonmember state employees’ wages required by Illinois’ public-sector labor relations statute. The Governor’s lawsuit asks that a judgment be entered declaring unconstitutional the provisions of state collective bargaining agreements that require nonmember state employees to pay union fees, a judgment that would effectively grant those workers Right to Work protections.

The National Right to Work Foundation has a long history of assisting employees seeking to exercise their Right to Work rights, most recently under newly enacted Right to Work provisions in Wisconsin, Indiana, and Michigan. Foundation attorneys also provided free legal representation to Illinois home-based personal care providers who, under executive orders issued by former Governors Rod Blagojevich and Pat Quinn, were forced to pay union dues or fees against their will. In that case, Harris v. Quinn, the U.S. Supreme Court struck down the Illinois scheme, ruling that individuals who indirectly receive state subsidies based on their clientele cannot be forced to pay compulsory union fees.

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

“Governor Rauner’s actions may give Illinois public employees the Right to Work protections they so desperately need and deserve. These are bold steps to protect Illinois state employees’ rights not to pay tribute to union bosses as a condition of working as public servants.

“Unfortunately, union officials won’t give up their forced dues power easily. In addition to fighting Governor Rauner in court, it won’t be surprising to see them make it difficult for workers to exercise their rights. State employees who try to exercise those rights may encounter stonewalling, intimidation, or harassment at the hands of union officials.

Washington, DC (February 10, 2015) – The National Right to Work Foundation is offering free legal aid to public employees seeking to exercise their right to refrain from paying union dues or fees that may result from Illinois Governor Bruce Rauner’s newly-issued executive order.

Governor Rauner issued an executive order late Monday that instructs all state agencies to put in escrow, pending the outcome of a federal court lawsuit the Governor filed the same day, all forced union-fee deductions from nonmember state employees’ wages required by Illinois’ public-sector labor relations statute. The Governor’s lawsuit asks that a judgment be entered declaring unconstitutional the provisions of state collective bargaining agreements that require nonmember state employees to pay union fees, a judgment that would effectively grant those workers Right to Work protections.

The National Right to Work Foundation has a long history of assisting employees seeking to exercise their Right to Work rights, most recently under newly enacted Right to Work provisions in Wisconsin, Indiana, and Michigan. Foundation attorneys also provided free legal representation to Illinois home-based personal care providers who, under executive orders issued by former Governors Rod Blagojevich and Pat Quinn, were forced to pay union dues or fees against their will. In that case, Harris v. Quinn, the U.S. Supreme Court struck down the Illinois scheme, ruling that individuals who indirectly receive state subsidies based on their clientele cannot be forced to pay compulsory union fees.

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

“Governor Rauner’s actions may give Illinois public employees the Right to Work protections they so desperately need and deserve. These are bold steps to protect Illinois state employees’ rights not to pay tribute to union bosses as a condition of working as public servants.

“Unfortunately, union officials won’t give up their forced dues power easily. In addition to fighting Governor Rauner in court, it won’t be surprising to see them make it difficult for workers to exercise their rights. State employees who try to exercise those rights may encounter stonewalling, intimidation, or harassment at the hands of union officials.

“State employees who want to learn more about their rights, or experience abuse or intimidation while exercising their rights, should contact the Foundation immediately toll-free at 800-336-3600 or via email at legal@nrtw.org. We look forward to providing legal assistance to Illinois state employees who want to exercise their rights not to pay union fees.”