Fort Rucker, AL (January 6, 2005) —National Right to Work Foundation attorneys filed arguments in the United States Court of Appeals for the 11th Circuit to defend the right of employees at Fort Rucker to refrain from joining or supporting a union.

The case involves attempts by Professional Helicopter Pilots Association Union Local 102 officials to force employees of private contractors providing services at Fort Rucker to join or pay dues to an unwanted union or be fired from their jobs – despite Alabama’s highly-popular Right to Work law prohibiting forced unionism.

In an amicus curiae (friend of the court) brief filed in support of objecting employees Guadulupe Hernandez and Robert Bernal, Foundation attorneys urge the court to uphold a lower court decision that the State of Alabama and the federal government have concurrent legislative jurisdiction over the relevant portion of Fort Rucker known as Cairns Field. Thus employees working there are protected by Alabama’s Right to Work law and are not subject to compulsory unionism.

The case arose because union lawyers brought suit against Lear Siegler Services, Inc. after management refused to fire Hernandez and Bernal – neither of whom are union members — for non-payment of union dues.

Foundation attorneys maintain that the land patent ceding authority to the federal government over Cairns establishes “concurrent legislative jurisdiction,” rather than “exclusive jurisdiction” of the federal government. Under concurrent legislative jurisdiction, both state and federal laws apply.

The brief further argues that the National Labor Relations Act does not preempt states’ Right to Work laws and such laws apply where the state has concurrent jurisdiction. Union lawyers argue that the State of Alabama relinquished its sovereignty over Cairns field and can not enforce its Right to Work law.

“Union officials are trampling over our system of federalism and purposely advancing a twisted interpretation of the law in a naked effort to corral as many workers as possible into forced unionism,” said Foundation Vice President Stefan Gleason.

Union lawyers also argue that if a majority of the work performed under the labor contract is on territory where Alabama’s Right to Work law does not apply, than even those bargaining unit members who work on Shell Field (an area of Fort Rucker where Alabama’s authority to impose its laws is not in dispute) must be subject to forced unionism. Foundation attorneys respond that Alabama’s Right to Work law creates an individual right that protects employees wherever Alabama law applies.

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.