Three Construction Workers Join Federal Lawsuit Challenging Obama Labor Board’s Ambush Election Rules

Employees argue rules violate workers’ rights to privacy

Washington, DC (April 21, 2015) – Three construction employees have joined a federal lawsuit challenging the National Labor Relations Board’s (NLRB) recently-enacted regulations that further give union organizers the upper hand over independent-minded employees during unionization campaigns.

With free legal assistance from National Right to Work Foundation attorneys, Shannon Cotton, Michael Murphy, and Jorge Gonzalez Villareal, joined a lawsuit pending in the U.S. District Court for the District of Columbia. The lawsuit was initially filed by Washington, DC-based construction company Baker DC, LLC seeking an injunction to halt implementation of the new rules.

Click here to read the full release.

Washington, DC (April 21, 2015) – Three construction employees have joined a federal lawsuit challenging the National Labor Relations Board’s (NLRB) recently-enacted regulations that further give union organizers the upper hand over independent-minded employees during unionization campaigns.

With free legal assistance from National Right to Work Foundation attorneys, Shannon Cotton, Michael Murphy, and Jorge Gonzalez Villareal, joined a lawsuit pending in the U.S. District Court for the District of Columbia. The lawsuit was initially filed by Washington, DC-based construction company Baker DC, LLC seeking an injunction to halt implementation of the new rules.

The federal Board-mandated rules are designed to dramatically shorten the time individual workers have to share information with their coworkers about the effects of unionization. Most ominously, the regulations require employers to hand over to union organizers workers’ private information, including their personal phone numbers and email addresses.

The ambush election rules were rushed out on December 15, 2014, the last day of former union lawyer Nancy Schiffer’s term on the Board. The NLRB had previously rushed the regulations out before former Service Employees International Union (SEIU) lawyer Craig Becker’s term expired in December 2011, but they were later invalidated by a federal district court in 2012 on procedural grounds.

The three employees who joined the lawsuit object particularly to the part of the rules that requires job providers to hand over employees’ personal information to union officials. They challenge that provision as a violation of workers’ privacy.

«The Obama Labor Board’s latest give-away to Big Labor will ambush unsuspecting workers into union ranks and invades the privacy rights of employees who may oppose unionization in their workplace,» said Mark Mix, president of the National Right to Work Foundation. «We applaud these workers’ stand for the privacy rights of all employees who oppose this federal government dictate that their personal contact information be handed over to unaccountable union organizers against their will.»

The National Right to Work Foundation has previously filed amicus briefs in two other cases pending in federal courts that challenge the new NLRB ambush election rules.

Fort Leonard Wood Food Service Employees Win Refunds in Federal Settlement over Illegal Union Dues Seizures

Company and union officials obstructed workers from exercising rights to refrain from union membership and dues payments

Fort Leonard Wood, MO (April 14, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, two Fort Leonard Wood food service workers have won a federal settlement from a local union for violating their and several of their coworkers’ rights.

In November 2014, Kimsha Rosensteel, an 11-year employee with the Overland Park, Kansas-based food services provider EDP Enterprises, Inc., and coworker Stephanie Fenton filed unfair labor practice charges with the National Labor Relations Board (NLRB) against the National Association of Government Employees (NAGE) Local R14-139 union. Rosensteel later filed a charge against the company.

Click here to read the full release.

Fort Leonard Wood, MO (April 14, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, two Fort Leonard Wood food service workers have won a federal settlement from a local union for violating their and several of their coworkers’ rights.

In November 2014, Kimsha Rosensteel, an 11-year employee with the Overland Park, Kansas-based food services provider EDP Enterprises, Inc., and coworker Stephanie Fenton filed unfair labor practice charges with the National Labor Relations Board (NLRB) against the National Association of Government Employees (NAGE) Local R14-139 union. Rosensteel later filed a charge against the company.

Because Missouri does not have Right to Work protections for workers, workers can be required to pay union dues or fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, nonmember workers can refrain from paying for union boss politics and many other activities unrelated to bargaining and contract administration.

Rosensteel, a former NAGE Local R14-139 union president, and Fenton filed the federal charges after NAGE union officials stonewalled several workers’ requests to refrain from formal, dues-paying union membership and refused to follow federal disclosure requirements designed to better inform workers of their rights.

Company management entered into a settlement with Rosensteel after the NLRB initiated a prosecution in November 2014 against the company and the union based on her charge.

Under the terms of the settlement with NAGE Local R14-139 union officials, the union hierarchy will refund 14 EDP employees dues illegally seized from their paychecks, totaling $1,580.70.

«It is sad that workers have to resort to federal legal action in order to exercise their rights,» said Mark Mix, president of the National Right to Work Foundation. «This case underscores the need for Missouri to pass Right to Work protections for its workers.»

Teamster Union Faces Federal Charge for Violating Machinery Manufacturing Company Worker’s Rights

Teamster union officials retaliate against workers who exercise rights under Texas’ popular Right to Work law

Longview, TX (April 14, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, a Crosby Group/Lebus Manufacturing Company worker has filed a federal charge against a local Teamsters union for violating her rights.

White Oak resident Sammie Monroe filed the unfair labor practice charge with the National Labor Relations Board (NLRB) against Teamsters Local 568 for threatening her for exercising her right to refrain from paying union dues. Under Texas’ popular Right to Work law, no worker can be required to join or pay fees to a union as a condition of employment.

Even though Monroe resigned her formal union membership and now refrains from paying dues, she must still accept Teamster Local 568 union officials’ so-called «representation.» Because Teamster union officials have claimed monopoly bargaining privilege to speak for and control all workers, including nonmembers like Monroe, they must fairly represent all the workers in the bargaining unit.

Click here to read the full release.

Longview, TX (April 14, 2015) – With free legal assistance from National Right to Work Foundation staff attorneys, a Crosby Group/Lebus Manufacturing Company worker has filed a federal charge against a local Teamsters union for violating her rights.

White Oak resident Sammie Monroe filed the unfair labor practice charge with the National Labor Relations Board (NLRB) against Teamsters Local 568 for threatening her for exercising her right to refrain from paying union dues. Under Texas’ popular Right to Work law, no worker can be required to join or pay fees to a union as a condition of employment.

Even though Monroe resigned her formal union membership and now refrains from paying dues, she must still accept Teamster Local 568 union officials’ so-called «representation.» Because Teamster union officials have claimed monopoly bargaining privilege to speak for and control all workers, including nonmembers like Monroe, they must fairly represent all the workers in the bargaining unit.

However, Teamster Local 568 union officials have threatened Monroe and other workers in the workplace who refrain (or are considering to refrain) from union membership, stating that they will refuse to represent the workers if they have a grievance against the company unless they pay the union hierarchy a fee.

«Teamster union bosses are retaliating against workers who are exercising their legally-protected right to resign from dues-paying union membership under Texas’ popular Right to Work law,» said Mark Mix, President of the National Right to Work Foundation. «Much to Teamsters union bosses’ chagrin, if they insist on having monopoly bargaining powers over workers, then they cannot punish those workers for exercising their Right to Work.»

The charge will be investigated by the NLRB regional office in Houston.

Part-time Fry’s Pharmacy Tech Hits Grocery Union Officials with Federal Charge for Violating His Rights

Union bosses continue to stonewall college student’s attempts to exercise rights under Arizona’s popular Right to Work law

Phoenix, AZ (April 14, 2015) – A Fry’s Food and Drugstore pharmacy technician and Arizona State University (ASU) student has filed a federal charge against the United Food and Commercial Worker (UFCW) Local 99 union for stonewalling his attempts to exercise his rights to refrain from union membership and dues payments under Arizona’s popular Right to Work law.

With free legal assistance from National Right to Work Foundation staff attorneys, Phoenix resident Travis Prall filed the unfair labor practice charge last Wednesday with the National Labor Relations Board (NLRB).

Under Arizona’s Right to Work law, no worker can be required to join or pay fees to a union as a condition of employment.

Prall, an ASU biology student, began working for Fry’s in December 2013.

Click here to read the full release.

Phoenix, AZ (April 14, 2015) – A Fry’s Food and Drugstore pharmacy technician and Arizona State University (ASU) student has filed a federal charge against the United Food and Commercial Worker (UFCW) Local 99 union for stonewalling his attempts to exercise his rights to refrain from union membership and dues payments under Arizona’s popular Right to Work law.

With free legal assistance from National Right to Work Foundation staff attorneys, Phoenix resident Travis Prall filed the unfair labor practice charge last Wednesday with the National Labor Relations Board (NLRB).

Under Arizona’s Right to Work law, no worker can be required to join or pay fees to a union as a condition of employment.

Prall, an ASU biology student, began working for Fry’s in December 2013. In January 2015, Prall, seeking to resign his union membership and revoke his union dues deduction form, made several calls to the union hierarchy to find the exact dates during which he could resign his union membership. He never received a response.

On February 3, Prall sent a letter to the union resigning his union membership. The next day, the union rejected his membership resignation because his letter did not contain a written signature. Prall immediately sent a second, signed letter in response. On February 24, UFCW Local 99 union officials sent a letter accepting Prall’s union membership resignation but denied his dues deduction authorization revocation because it did not fall in the union’s 15-day «window period.» However, UFCW union officials have still refused to inform Prall what the 15-day «window period» is.

«UFCW union bosses are stonewalling this student, who is working part-time to help pay his way through college, about how he can exercise his legally-protected right to resign from dues-paying union membership,» said Mark Mix, President of the National Right to Work Foundation. «This blatant abuse of power by UFCW bosses must stop immediately.»

The charge will be investigated by the NLRB regional office in Phoenix.