Sycamore, IL (February 6, 2015) – A local Johnson Controls, Inc. worker has won a federal settlement from the United Auto Workers (UAW) union hierarchy and the company for violating his right to refrain from paying union dues and fees used for union officials’ politics.
The settlement comes in the wake of federal charges Johnson Controls employee Thomas Hayden filed with legal assistance from National Right to Work Foundation staff attorneys.
Hayden, who has exercised his right under federal labor law to refrain from formal union membership, must accept the exclusive representation of UAW, and its Local 1268, union officials. Because Illinois does not have Right to Work protections for workers, nonmember workers like Hayden can be forced to pay a part of union dues and fees.
However, under the Foundation’s U.S. Supreme Court victory in Communications Workers v. Beck, employees can refrain from paying for politics and many other union activities.
Even though Hayden received letters from UAW Local 1268 union officials in 2013 and 2014 stating that they would recognize his right to refrain from paying for dues used for union politicking and other nonbargaining activities, Johnson Controls continued to deduct, and Local 1268 union officials continued to accept, full union dues from his paychecks for about a year.
Hayden then filed federal unfair labor practice charges with the National Labor Relations Board (NLRB) regional office in Peoria challenging the illicit dues deductions.
Per the settlement’s terms, Johnson Controls and Local 1268 union officials will refund Hayden $133 for six months of illegally-seized union dues, plus interest. The union hierarchy must also post a notice in the workplace informing other workers of their right to refrain from dues-paying union membership.
“It took federal charges to force this company and UAW union officials to finally cease their illegal forced-dues confiscations,” said Mark Mix, President of the National Right to Work Foundation. “This case demonstrates that Illinois desperately needs a Right to Work law, which would make union affiliation and dues payments completely voluntary.”
Twenty-four states have Right to Work protections for private-sector workers. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.
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.