Kansas City, MO (July 3, 2012) – A Honeywell nuclear assembly worker has won a settlement from a local union for retaliating against him for exercising his right to refrain from union membership and continue to work during a union boss-instigated strike.

With free legal assistance from National Right to Work Foundation staff attorneys, Daniel Gudde filed a federal charge with the National Labor Relations Board (NLRB) regional office in Overland Park, Kansas after union officials levied a $7,361.36 fine against him.

Gudde began working at Honeywell in late September, believing he had to join the International Association of Machinist (IAM) Local Lodge 778 union. In early October, IAM Local 778 union officials instigated a strike. Gudde and three of his coworkers were unsure if they had to go on strike as union members or if they had to fulfill a required 30-day probationary period of employment.

Union officials told Gudde and his colleagues to continue to work to complete the 30-day probationary period. After the probationary period, union bosses obligated Gudde and his coworkers to leave their jobs at the nuclear facility. Union members bound by the union’s constitution and bylaws can be fined for continuing to work during a strike.

After the 30-day period, Gudde learned of his right to resign from full dues paying union membership at any time. He notified the IAM union hierarchy that he was resigning from formal union membership when his 30-day period ended and then returned to work after a couple of days. Workers who refrain from union membership cannot be fined or otherwise disciplined for working during a strike. However, because Missouri does not have a Right to Work law, nonmember workers are still forced to pay a certain part of union dues and fees.

In mid-March, IAM union bosses fined Gudde. Moreover, three coworkers who did not resign from the union but also worked during the 30-day probation period were not fined, thus suggesting the fine was in retaliation for Gudde exercising his rights.

The settlement requires union officials to rescind the fines imposed on Gudde and other employees who worked with union authorization and post a notice in the workplace informing workers of their rights.

«Cynical IAM union bosses retaliated against a worker for exercising his rights to continue providing for himself and his family during a strike, even after they told him to keep working,» said Mark Mix, President of the National Right to Work Foundation. «These types of compulsory unionism injustices will continue to occur until Missouri passes Right to Work protections for its workers.»

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.