After union lawyers’ attempt to get the NLRB to block the vote failed, union bosses backed down and departed workplace rather than face workers’ vote

Tennessee (March 5, 2024) – Denis Hodzic, an In Home Sales Expert of AT&T Mobility Tennessee, and his coworkers have successfully pushed unwanted Communications Workers of America (CWA) union officials out of power.

The union ouster follows Hodzic’s submission of a “decertification petition” backed by his fellow employees, which asked the National Labor Relations Board (NLRB) to hold a vote to remove (or decertify) the union for AT&T Mobility In Home Sales Experts throughout Tennessee. Hodzic received free legal aid from National Right to Work Legal Defense Foundation staff attorneys.

The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering votes to certify and decertify unions. Hodzic, who collected signatures from a majority of his coworkers (more than enough to trigger a decertification vote under NLRB rules), filed his decertification petition in December 2023 to challenge a so-called “card check” unionization scheme by CWA union bosses.

Last month, an NLRB Regional Director rejected union officials’ objections to the petition and ruled that a decertification election should go forward. However, before the vote could occur, CWA union officials filed paperwork disclaiming interest in continuing their control over the workers – likely to avoid an embarrassing rejection by employees at the ballot box.

Had Hodzic and his coworkers’ effort not succeeded, NLRB documents indicate that they would have been integrated into a nationwide bargaining unit comprised of thousands of employees, which would have made decertifying the union virtually impossible.

Because Tennessee is a Right to Work state, CWA union officials never had the power to force Hodzic and his colleagues to pay union dues or join the union as a condition of employment. However, even in Right to Work states, union officials can still force their one-size-fits-all contracts on all employees in a work unit, even those who oppose the union. A successful decertification election ends this monopoly bargaining power.

Biden NLRB Cracking Down on Employees’ Right to Vote in Secret on Union ‘Representation’

Under a card check, union officials can bypass the secret-ballot election process, which is the most secure and reliable way to determine if employees want to unionize. During a card check drive, union officials can engage in face-to-face interactions with employees and demand they sign union authorization cards, making the process a breeding ground for coercive and intimidating tactics. Even AFL-CIO organizing guidelines admit that employees often sign cards during a card check to “get the union off my back.”

Though union officials successfully gained control via card check, Hodzic was able to petition for a decertification vote to overturn the result thanks to the Right to Work Foundation-backed 2020 reforms to NLRB rules.

Collectively referred to as the “Election Protection Rule,” the reforms permit employees to submit decertification petitions within a 45-day window after the finalization of a card check. The Election Protection Rule also prevents union officials from manipulating charges they file alleging employer misconduct to block workers from casting ballots in a decertification election, among other things.

Unfortunately, the NLRB in Washington, DC, has begun rulemaking to undo the Election Protection Rule, which will make it much harder for employees to challenge card check drives. This is just one of several aggressive moves by the Biden NLRB to give union officials greater power to corral workers into unions, while limiting workers’ rights to get rid of unpopular unions.

Recently, the NLRB issued the Cemex decision, which gives union officials greatly expanded power to overturn elections that don’t go in their favor if an employer requests such an election to challenge a card check.

“Despite claiming to speak for workers, union bosses and their allies in the Biden NLRB seem to be intent on further constricting workers’ ability to have secure, private votes on whether union bosses deserve to have control over their working lives,” commented National Right to Work Foundation President Mark Mix. “Mr. Hodzic and his coworkers’ victory should serve as a reminder that ‘card check’ is not a reliable indicator of employee support for a union, and that giving this process priority over secret ballot elections will trap more workers under union boss control against their will.”

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.