Union officials pursued grievance for similarly-situated union member while illegally discriminating against employee who spoke out against the union

New Kensington, PA (October 22, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, a Unifirst employee has filed federal unfair labor practice charges against the United Steel Workers (USW) Local 1324-15 union for discriminating against him by blocking a grievance appeal because he opposed the union and testified against mandatory union dues at a National Labor Relations Board (NLRB) hearing.

Robert Fusillo exercised his right not to join the USW union and initiated an election with the goal of putting an end to USW officials’ practice of collecting mandatory dues from all UniFirst employees. After he and another employee were fired under similar circumstances, the union initially filed grievances against UniFirst for both of them, but later blocked Fusillo’s attempt to pursue the grievance because of his outspoken opposition to the USW’s presence.

In Pennsylvania and other states that lack Right to Work laws, union officials in unionized workplaces can impose a contract – including provisions that require workers to pay union dues or fees and abide by a union-controlled grievance process – on all employees, including those who oppose the union or refrain from joining. However, union officials are prohibited from abusing the grievance process they control to discriminate against workers on the basis of their union membership status.

After Fusillo testified in an NLRB hearing regarding the disputed results of a vote to end mandatory union dues and fees, union officials blocked his attempt to contest his termination with a grievance appeal. Highlighting their bias, union officials continued to pursue a grievance for another, similarly-situated employee. Fusillo has now filed charges against USW Local 1324-15 with the NLRB for discriminating against him in retaliation for testifying at the NLRB hearing.

“Despite workers’ protected rights to withdraw from formal union membership and to oppose mandatory union dues and fees, union bosses frequently retaliate and discriminate against independent employees who refuse to toe the union line,” said Patrick Semmens, vice president of the National Right to Work Foundation. “This episode demonstrates that union officials simply aren’t interested in fighting for nonunion workers, which is why they shouldn’t be given the power to impose a force-dues contract on employees who don’t want and never asked for their so-called ‘representation.’”

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.