Federal law prohibits conditioning employment on union membership, yet IBEW bosses demanded firing after worker refrained from joining union
Los Angeles, CA (June 16, 2023) – An Anaheim-based employee of automated door manufacturer Assa Abloy is hitting the International Brotherhood of Electrical Workers (IBEW) Local 441 union and his employer with federal charges, maintaining that union officials unlawfully instigated his firing because he abstained from union membership. The worker, Jaime Zambrano, filed his charges at National Labor Relations Board (NLRB) Region 21 in Los Angeles with free legal aid from the National Right to Work Legal Defense Foundation.
California’s lack of Right to Work protections grants union officials the power to get workers fired for refusing to pay dues or fees to the union. However, the National Labor Relations Act (NLRA) forbids union officials from conditioning employment on formal union membership, even in non-Right to Work states. Zambrano maintains that, despite his paying the required amount of union dues to stay employed, Assa Abloy management terminated him at union officials’ behest after he didn’t fill out a union membership form.
Zambrano’s charge also seeks his immediate reinstatement via a 10(j) injunction against both his employer and the union. Under Section 10(j) of the NLRA, the NLRB General Counsel can seek a federal court order immediately stopping particularly egregious violations of federal law.
IBEW Union Officials Made Illegal Membership Demand, Gave Worker No Timeline
Zambrano began paying union dues to the IBEW union in September of 2022. In the spring of 2023, union officials sent him paperwork, including a union membership form. No indication was given of when union officials expected the paperwork to be completed and returned.
Zambrano discovered in late May that Assa Abloy officials were terminating him at IBEW bosses’ request because they had not received the membership form from him. While firing a worker for refraining from union membership is a clear infringement of federal labor law, Zambrano’s charge also says that union officials’ not providing him a timeline of when the paperwork should be completed is a “fail[ure] to comply with the requirements of Philadelphia Sheraton,” an NLRB case that requires union officials to inform workers of exactly what their obligations are.
“Because of these egregious and bad-faith acts, the Charging Party demands that the General Counsel seek 10(j) relief seeking his reinstatement,” reads Zambrano’s charge.
“IBEW union officials are playing outrageous games with Mr. Zambrano’s livelihood and potentially the livelihoods of many other workers who simply don’t want to affiliate with the IBEW,” commented National Right to Work Foundation President Mark Mix. “Getting a worker thrown off a job merely for refusal to join a union is a violation of black letter federal labor law – union officials who can’t get workers to join voluntarily certainly shouldn’t be able to compel such membership by threatening to upend the careers of those who dissent from the union.”
“But even if IBEW officials were acting fully within the bounds of California and federal labor law, Mr. Zambrano would still be forced to pay dues to the union just to keep his job because of California’s lack of a Right to Work law,” Mix added. “This kind of forced association has no place in America, and all American workers deserve Right to Work protections that ensure that union membership and all union financial support are strictly voluntary.”
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.
