Mount Clemens, MI (April 22, 2005) – In order to avoid federal prosecution by the National Labor Relations Board (NLRB), a local union was forced to back down from its unlawful threats to fine a group of nonunion nurses up to $4,000 each for refusing to abandon their patients during a recent strike.
National Right to Work Foundation attorneys persuaded NLRB prosecutors to issue a formal complaint in January 2005, after helping four Mount Clemens General Hospital nurses who had been targeted for union retaliation file unfair labor practice charges last November.
In August of 2004, Deborah Mounger, Cherie Jones, Kimberly Grifka, and Jennifer Pacyga followed proper procedure by sending letters to Local 40 of the Office and Professional Employees International Union (OPEIU) formally revoking their union memberships. By resigning from formal union membership, employees cannot be subjected to union rules and internal union discipline.
After having officially resigned from formal membership in OPEIU Local 40, the four women continued going to their jobs during a union-ordered strike. In October, each woman received a letter stating union officials were filing internal charges against them. They were each threatened with fines of $500 per charge, for totals of up to $4,000 per person simply for loyally serving their patients.
In an attempt to cut their losses and settle the complaint filed by the NLRB, OPEIU Local 40 officials have given up their attempt to collect these fines. The four women have been notified that all possibility of a monetary fine for continuing to work during the strike has been rescinded, and union officials must post a notice at the hospital informing other employees of the settlement.
“The vicious lack of compassion displayed by union officials for the sick and feeble is stunning,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “It’s outrageous to retaliate against health care professionals simply because they refused to abandon their patients.”
The action of the union hierarchy violated NLRB v. Textile Workers, a Supreme Court decision that it is an unfair labor practice for a union to fine employees who had been union members in good standing but who resigned during a lawful strike and then returned to work. According to another Supreme Court decision, Patternmakers v. NLRB, workers may resign from union membership at any time, including during a strike.
“This union hierarchy’s disdain for the nurses’ freedom and economic security – to say nothing of their lack of concern for public health – shows they do not have employees’ best interests at heart.”
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 more than 250 cases nationwide per year.