Local Grocery Union Faces Federal Charges for Retaliatory Forced Dues Confiscations

Case underscores need for Right to Work protections for workers

Burlington, WA (November 12, 2014) – A local Fred Meyer grocery store worker has filed a federal charge against the United Food & Commercial Workers (UFCW) Local 21 union for refusing to follow federal disclosure requirements and confiscating more than the legally-permitted amount of forced union fees from her paychecks.

With free legal assistance from National Right to Work Foundation staff attorneys, Deborah Kohut of Mount Vernon filed the federal unfair labor practice charge Monday with the National Labor Relations Board (NLRB).

Click here to read the full release.

Burlington, WA (November 12, 2014) – A local Fred Meyer grocery store worker has filed a federal charge against the United Food & Commercial Workers (UFCW) Local 21 union for refusing to follow federal disclosure requirements and confiscating more than the legally-permitted amount of forced union fees from her paychecks.

With free legal assistance from National Right to Work Foundation staff attorneys, Deborah Kohut of Mount Vernon filed the federal unfair labor practice charge Monday with the National Labor Relations Board (NLRB).

Because Washington does not have Right to Work protections for workers, workers can be required to pay union dues or fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, nonmember workers can refrain from paying for politics and many other union activities.

Under federal labor case law, 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 and makes it less difficult for workers to hold union officials accountable.

Because UFCW union officials failed to provide a breakdown of expenditures that complied with federal disclosure requirements, Kohut, who was recently hired at a Fred Meyer store in Burlington, refused to sign a union dues deduction authorization – a document used by union officials to automatically collect dues from workers’ paychecks. In response, UFCW union officials have levied an additional fee on top of Kohut’s forced dues payments.

UFCW union officials also threatened her with job termination to force her to pay the full union member initiation fee, even though nonmember workers can pay a reduced initiation fee.

“UFCW union officials are retaliating against this worker for simply exercising her right to refrain from full union dues payments,” said Mark Mix, president of the National Right to Work Foundation. “This case underscores the need for Washington to pass Right to Work protections for its workers.”

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

Local Union and Food Service Contractor Face Federal Prosecution for Workers’ Rights Violations

Company and union officials obstruct workers from exercising rights to refrain from union membership and dues payments

Fort Leonard Wood, MO (November 7, 2014) – A local government union and an Overland Park, Kansas-based food services company are facing a federal prosecution for violating Fort Leonard Wood food service workers’ rights.

The National Labor Relations Board (NLRB) prosecution comes in the wake of federal charges filed by two workers with free legal assistance from National Right to Work Foundation staff attorneys.

Because Missouri does not have Right to Work protections for workers, workers can be required to pay union dues or fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, nonmember workers can refrain from paying for union boss politics and many other activities.

Kimsha Rosensteel, an 11-year employee with food services provider EDP Enterprises, Inc, was president of the National Association of Government Employees (NAGE) Local R14-139 union for about one and a half years. While she was union president, Rosensteel discovered that the union was failing to follow federal disclosure requirements designed to better inform workers about their rights to refrain from full-dues-paying union membership.

Click here to read the full release.

Fort Leonard Wood, MO (November 7, 2014) – A local government union and an Overland Park, Kansas-based food services company are facing a federal prosecution for violating Fort Leonard Wood food service workers’ rights.

The National Labor Relations Board (NLRB) prosecution comes in the wake of federal charges filed by two workers with free legal assistance from National Right to Work Foundation staff attorneys.

Because Missouri does not have Right to Work protections for workers, workers can be required to pay union dues or fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, nonmember workers can refrain from paying for union boss politics and many other activities.

Kimsha Rosensteel, an 11-year employee with food services provider EDP Enterprises, Inc, was president of the National Association of Government Employees (NAGE) Local R14-139 union for about one and a half years. While she was union president, Rosensteel discovered that the union was failing to follow federal disclosure requirements designed to better inform workers about their rights to refrain from full-dues-paying union membership.

In response, the union hierarchy removed Rosensteel from her post and tried to pressure her into accepting a deal that allowed her to refrain from paying union dues and fees in order to keep her quiet about the union’s activities. However, after several other EDP Enterprises workers also requested that they be able to refrain from paying all union dues or fees, EDP management demanded the union resume taking full union dues from Rosensteel’s paychecks.

Another worker, Stephanie Fenton also filed federal charges after NAGE union officials stonewalled several workers’ requests to refrain from formal, dues-paying union membership and refused to follow federal disclosure requirements designed to better inform workers of their rights.

“It is unconscionable that NAGE union bosses are actively obstructing workers from exercising their statutory rights and then work with company management to cover it up,” said Mark Mix, president of the National Right to Work Foundation. “This case underscores the need for Missouri to pass Right to Work protections for its workers.”

The NLRB scheduled a hearing on the case for January 12, 2015.

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

Local Confectioner Worker Files Federal Charges Challenging Union Officials’ Forced-Dues Sweetheart Deal with Employer

Candy company worker suspended without pay for trying to exercise rights

Oakdale, CA (November 7, 2014) – A Modesto-area Sconza Candy Company employee has filed federal charges against a local bakers union and her employer for a litany of rights violations.

With the help of National Right to Work Foundation staff attorneys, Sconza employee Athena Manning filed the unfair labor practice charges Wednesday with the National Labor Relations Board (NLRB).

Manning charges that Sconza management and Bakers Union Local 125 officials failed to notify her of her rights to refrain from full-dues-paying union membership. In May, company and union officials also actively misled her about her obligations to the union, claiming that joining the union and paying full dues were required as a condition of employment.

Click here to read the full release.

Oakdale, CA (November 7, 2014) – A Modesto-area Sconza Candy Company employee has filed federal charges against a local bakers union and her employer for a litany of rights violations.

With the help of National Right to Work Foundation staff attorneys, Sconza employee Athena Manning filed the unfair labor practice charges Wednesday with the National Labor Relations Board (NLRB).

Manning charges that Sconza management and Bakers Union Local 125 officials failed to notify her of her rights to refrain from full-dues-paying union membership. In May, company and union officials also actively misled her about her obligations to the union, claiming that joining the union and paying full dues were required as a condition of employment.

Because California does not have Right to Work protections for workers, workers can be required to pay union dues or fees as a condition of employment. However, workers also have the right to refrain from formal union membership and paying for union boss politics and many other activities. Under federal labor case law, union officials must also provide workers with an independently-audited financial breakdown of all forced-dues union expenditures.

Even though union officials never provided Manning with information about her rights, she was nonetheless suspended without pay from her job in June for failing to join and pay dues to the union.

In September, Local 125 union officials gave Manning a breakdown of union expenditures that failed to comply with federal disclosure requirements.

“Union and company officials actively misled and then punished this worker for exercising her rights, all in order to collect more forced dues cash for the union bosses’ coffers,” said Mark Mix, president of the National Right to Work Foundation. “Independent-minded workers will continue to face similar schemes until California passes a Right to Work law, which would ensure that union membership and dues payment are completely voluntary.”

Minnesota Homecare Providers Appeal Federal Challenge to SEIU Forced Unionization Scheme

SEIU seeks to push home-based personal care providers into forced-dues ranks against their will

Minneapolis, MN (October 30, 2014) – Today, a group of home-based personal care providers challenging a state law that authorizes the forcible unionization of Minnesota’s 27,000 care providers have asked a federal appeals court to overrule a lower court’s ruling issued last week in their case.

With free legal aid from National Right to Work Foundation staff attorneys, Teri Bierman and eight other providers from around the state appealed the U.S. District Court for the District of Minnesota judge’s ruling denying the providers’ request for a court injunction that would immediately halt implementation of the law.

Click here to read the full release.

Minneapolis, MN (October 30, 2014) – Today, a group of home-based personal care providers challenging a state law that authorizes the forcible unionization of Minnesota’s 27,000 care providers have asked a federal appeals court to overrule a lower court’s ruling issued last week in their case.

With free legal aid from National Right to Work Foundation staff attorneys, Teri Bierman and eight other providers from around the state appealed the U.S. District Court for the District of Minnesota judge’s ruling denying the providers’ request for a court injunction that would immediately halt implementation of the law.

The appeal is the latest development in a federal lawsuit filed by the nine providers challenging a state law intended to designate the Service Employees International Union (SEIU) as the monopoly political representative of thousands of providers in the state.

The homecare providers provide homecare services to their sons and daughters who receive state assistance to help pay for their care. For example, two of the homecare providers, Teri Bierman and Scott Price, both provide care to their daughters with cerebral palsy. The suit challenges the forced-unionism scheme on the grounds that it violates the U.S. Constitution’s guarantees of free political expression and association.

On August 27, the SEIU won a majority of votes in a controversial write-in unionization election for Minnesota caregivers. Although nearly 27,000 care providers were eligible to vote under the new law, only 13 percent of the total number of eligible voters approved SEIU affiliation. Consequently, SEIU officials are now empowered to deal with the State for all 27,000 Minnesota homecare providers. Caregivers who didn’t vote or voted against the union are forced to accept the SEIU’s “representation.”

“Forcing folks who care for their relatives into forced union representation is a slap in the face of fundamental American principles we hold dear,” said Mark Mix, president of the National Right to Work Foundation. “The appeals court should halt implementation of Governor Mark Dayton’s political payback to SEIU bosses and protect providers’ right to remain free from unwanted union affiliation.”

Rogue Obama NLRB Appointee Again Moves to Prevent Workers from Removing Unwanted Union from Workplace

General Counsel seeks to block workers’ majority petition to end employer recognition of an unsupported union

Chicago, IL (October 23, 2014) – An Arlington Metals Corporation steelworker has moved to intervene to stop a federal agency from foisting unwanted union representation back on his workplace after he and his coworkers attempted to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Franklin Park-area Arlington Metals employee Brandon De La Cruz filed the motion with the National Labor Relations Board (NLRB) regional office in Chicago. Predictably, the NLRB General Counsel filed a brief in opposition to the workers’ motion.

De La Cruz and a majority of his coworkers petitioned their employer to remove the United Steelworkers (USW) union from their workplace. After the workers presented the petition, Arlington Metals management withdrew recognition of the union as the workers’ bargaining representative, as long-standing law permits.

Click here to read the full release.

Chicago, IL (October 23, 2014) – An Arlington Metals Corporation steelworker has moved to intervene to stop a federal agency from foisting unwanted union representation back on his workplace after he and his coworkers attempted to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Franklin Park-area Arlington Metals employee Brandon De La Cruz filed the motion with the National Labor Relations Board (NLRB) regional office in Chicago. Predictably, the NLRB General Counsel filed a brief in opposition to the workers’ motion.

De La Cruz and a majority of his coworkers petitioned their employer to remove the United Steelworkers (USW) union from their workplace. After the workers presented the petition, Arlington Metals management withdrew recognition of the union as the workers’ bargaining representative, as long-standing law permits.

USW union officials filed federal charges with the NLRB in an attempt to nullify the workers’ petition and force the union hierarchy back into the workplace. The NLRB’s General Counsel then issued a complaint to force the company to once again recognize the union as the workers’ monopoly bargaining representative.

This new policy, in direct violation of U.S. Supreme Court precedent, is being pushed by union lawyer Richard Griffin, who was installed as NLRB General Counsel in October 2013. Prior to being the Board’s top lawyer in charge of enforcing federal labor laws, Griffin’s “recess” appointment to the NLRB was deemed illegal by the U.S. Supreme Court in late June.

“The NLRB General Counsel’s rogue complaint and his opposition to employees’ right to intervene to protect their decertification efforts flies in the face of long-standing precedent allowing workers to remove a union from their workplace with a showing of majority support,” explained Mark Mix, President of the National Right to Work Foundation. “And the very workers who have a direct interest in the result of these proceedings have been thus far shut out.”

“Highlighting the Obama Board’s pro-forced unionism bias, the NLRB still maintains that a company can recognize a union if a majority of workers sign union ‘cards’ through the coercive and unreliable card check method, while its top lawyer works to eliminate workers’ ability to use the same procedure to oust an unwanted union,” added Mix.