Security Guards Hit SEIU Local Union Officials with Federal Unfair Labor Practice Charges

Workers allege SEIU officials made harassing phone calls to nonmembers

San Francisco, CA (July 18, 2014) – A local security guard has filed a federal charge against a San Francisco-based union for violating his and his coworkers’ rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Universal Protection Service security guard Daniel Ozabuki filed the unfair labor practice charge for himself and seven others against Service Employees International Union (SEIU) Local 24/7.

Click here to read the full release.

San Francisco, CA (July 18, 2014) – A local security guard has filed a federal charge against a San Francisco-based union for violating his and his coworkers’ rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Universal Protection Service security guard Daniel Ozabuki filed the unfair labor practice charge for himself and seven others against Service Employees International Union (SEIU) Local 24/7.

The guards are all employed by Universal Protection Service, which has been party to a monopoly bargaining agreement with Local 24/7 since the company took over for the previous security contractor, Guard Maintenance Services Corporation. Guard Maintenance Services also had a monopoly bargaining agreement with the union.

Because California lacks a Right to Work law making union membership and dues payments strictly voluntary, workers can be forced to pay union dues and fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, workers who refrain from union membership can also refrain from paying for union politics and members-only events.

Ozabuki and at least four other security guards have refrained from union membership for several years. In February 2012, some of the then-Guard Maintenance Services workers reached a settlement with SEIU officials regarding an earlier round of charges. The settlement required the union to allow nonmember workers to opt out of paying for union activities unrelated to workplace bargaining.

However, after SEIU officials entered into a contract with Universal Protection, the union has again forced the workers into full dues payments despite the workers’ repeated attempts to refrain. The workers also allege that SEIU union officials are making harassing phone calls to nonmembers.

Three additional workers have detailed how SEIU officials kept them in the dark about their right to refrain from formal union membership and full dues payments.

«SEIU bosses are resorting to deception and even outright intimidation to force workers into full dues paying union ranks,» said Patrick Semmens, vice president of the National Right to Work Foundation. «The best solution to break the SEIU bosses’ pattern of rights abuses is for California to enact a Right to Work law making union membership and dues payment strictly voluntary.»

Twenty-four states have Right to Work protections for workers. Recent public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

Grand Rapids Teacher Files State Charges Against Union and School District for Circumventing Right to Work Law

Union and school officials collude to force school employees into dues-paying union ranks despite Right to Work law

Grand Rapids, MI (July 18, 2014) – A Grand Rapids-area special education teacher has filed state charges against a local union and the school district for violating Michigan’s Right to Work law.

With free legal assistance from National Right to Work Foundation staff attorneys, Becky Lapham of Portland, Michigan, filed the state charges with the Michigan Employment Relations Commission (MERC) in Detroit.

The 11-year Lincoln Developmental Center school teacher filed charges against the Michigan Education Association (MEA) union and Grand Rapids Public Schools for entering into an agreement illegally amending and extending the forced dues provisions in the monopoly bargaining agreement beyond the date allowed under Michigan’s Right to Work law for public employees.

Click here to read the full release.

Grand Rapids, MI (July 18, 2014) – A Grand Rapids-area special education teacher has filed state charges against a local union and the school district for violating Michigan’s Right to Work law.

With free legal assistance from National Right to Work Foundation staff attorneys, Becky Lapham of Portland, Michigan, filed the state charges with the Michigan Employment Relations Commission (MERC) in Detroit.

The 11-year Lincoln Developmental Center school teacher filed charges against the Michigan Education Association (MEA) union and Grand Rapids Public Schools for entering into an agreement illegally amending and extending the forced dues provisions in the monopoly bargaining agreement beyond the date allowed under Michigan’s Right to Work law for public employees.

That law specifies that contracts or amendments entered into after the law went into effect must respect workers’ right to refrain from the payment of any union dues or fees.

Furthermore, Lapham’s other charge filed in April, after MEA union officials refused to acknowledge her unequivocal right to refrain from union membership, is still pending with the MERC.

«Across the state, union officials are pulling out all the stops to keep workers from exercising their rights under Michigan’s Right to Work law,» said Mark Mix, President of the National Right to Work Foundation. «Foundation staff attorneys are assisting workers throughout the state whose rights under Michigan’s Right to Work law are being denied by unscrupulous union officials seeking to circumvent the law.»

Springfield, VA (July 10, 2014) – The National Right to Work Foundation, a charitable organization that provides free legal aid to employees nationwide, has filed an amicus curiae (“friend of the court”) brief with the National Labor Relations Board (NLRB) opposing the compulsory unionization of college athletes. The brief was filed in response to a ruling issued earlier this year by an NLRB regional director that found that Northwestern University football players are employees and thus eligible for unionization.

The Foundation’s brief points out that subjecting student athletes to compulsory unionization violates their First Amendment right to freedom of association. Under the NLRB regional director’s ruling, if a majority of student athletes in an NLRB-designated “bargaining unit” vote for unionization, all student athletes in said unit – even those who oppose the union’s presence – must accept the union’s bargaining over their terms of participation in college sports. The students may also be forced to pay union dues as a condition of participating in college athletics.

The Foundation’s brief goes on to argue that the NLRB has no interest in forcing students to accept union “representation” or forcing them to pay union dues because student athletes are not employees.

Unlike employees, student athletes are not compensated for workplace performance. Scholarships are often awarded on the basis of academic merit and other criteria unrelated to athletics, while many students “walk-on” to teams for no compensation whatsoever.

Foundation attorneys note that the NLRB regional director’s labeling of student athletes as employees could also apply to college students who receive scholarships for academics, music, or the arts. This overly-broad definition could leave even more students vulnerable to coercive unionization.

“Students shouldn’t be put in a position where they can be forced to pay union dues and accept union bargaining over their participation in college sports,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “We hope the NLRB will reverse the regional director’s ruling and protect students’ First Amendment rights.”

Local Bus Drivers Overwhelmingly Vote to Remove Union

Workers vote to remove unwanted Amalgamated Transit Union from their workplace

Monroeville, PA (July 8, 2014) – Gateway School District bus drivers have overwhelmingly voted to remove a local union from their workplace.

The school bus drivers were finally allowed to vote to remove the union from their workplace after driver Robert Williams, who received free legal assistance from National Right to Work Foundation staff attorneys, and his coworkers petitioned the National Labor Relations Board (NLRB) for a secret-ballot election four times.

Click here to read the full release.

Monroeville, PA (July 8, 2014) – Gateway School District bus drivers have overwhelmingly voted to remove a local union from their workplace.

The school bus drivers were finally allowed to vote to remove the union from their workplace after driver Robert Williams, who received free legal assistance from National Right to Work Foundation staff attorneys, and his coworkers petitioned the National Labor Relations Board (NLRB) for a secret-ballot election four times.

In July of last year, Student Transportation of America, Inc. took over bus services at the Gateway School District. Student Transportation of America then recognized Amalgamated Transit Union (ATU) Local 1729 union officials as the drivers’ monopoly bargaining representative after a majority of their workforce was hired from the previous, unionized student transportation contractor.

After eight months of failed negotiations between the company and union, 102 of the roughly 105 bus drivers signed the fourth petition they filed with the NLRB asking for a secret-ballot election to determine whether or not to keep the union as their exclusive representative. ATU union officials moved to block the workers’ petition, arguing that not enough time had passed for the workers to request an election. On May 8, an evidentiary hearing was held in Pittsburgh, at which Williams was represented by Foundation attorneys. The NLRB last month decided to allow the election to proceed.

On June 27, 87 percent of the bus drivers casting ballots voted to remove the unwanted union from their workplace.

«It is easy to see why Transit Union bosses repeatedly blocked these bus drivers’ requests for a secret-ballot election to determine their union representation,» said Mark Mix, president of the National Right to Work Foundation. «As a result of the decertification victory, these bus drivers will now be free to negotiate their own terms and conditions of employment, and be rewarded on their individual merit.»

After Eight Year Legal Fight, Teamsters Finally Agree to Pay $51,500 Judgment to Victim of Illegal Union Discrimination

Teamster union bosses sought to punish worker for refraining from union membership

Tulsa, OK (July 8, 2014) – After years of stonewalling and legal wrangling, a local Teamster union has finally agreed to pay a former Interstate Bakeries Wonder Bread/Hostess delivery driver $51,500 in damages and interest for discriminating against the worker.

Oklahoma worker Kirk Rammage has received free assistance from National Right to Work Foundation staff attorneys during his eight year legal battle challenging the local Teamster union’s discriminatory policy.

Rammage was the single nonunion sales representative with a Dolly Madison facility in Ponca City for over 15 years before his division was merged in 2005 with Wonder Bread/Hostess. Although the company initially wanted to protect Rammage’s seniority during the merger, Teamster Local 523 union officials insisted that Rammage be put at the bottom of the seniority roster despite his longer workplace tenure. The company later complied with the union bosses’ demand.

Click here to read the full release.

Tulsa, OK (July 8, 2014) – After years of stonewalling and legal wrangling, a local Teamster union has finally agreed to pay a former Interstate Bakeries Wonder Bread/Hostess delivery driver $51,500 in damages and interest for discriminating against the worker.

Oklahoma worker Kirk Rammage has received free assistance from National Right to Work Foundation staff attorneys during his eight year legal battle challenging the local Teamster union’s discriminatory policy.

Rammage was the single nonunion sales representative with a Dolly Madison facility in Ponca City for over 15 years before his division was merged in 2005 with Wonder Bread/Hostess. Although the company initially wanted to protect Rammage’s seniority during the merger, Teamster Local 523 union officials insisted that Rammage be put at the bottom of the seniority roster despite his longer workplace tenure. The company later complied with the union bosses’ demand.

By insisting that Rammage lose his seniority, Teamster officials effectively discriminated against him based on his union membership. As a result, Rammage was forced to commute to a new work location more than 70 miles away.

After Rammage filed federal charges against the union, the NLRB ruled against the discriminatory Teamster-imposed policy. The U.S. Court of Appeals for the Tenth Circuit upheld the NLRB’s decision on an appeal filed by Teamster union lawyers. Those rulings were later nullified by the U.S. Supreme Court in 2009 on the ground that the Board lacked a three-member quorum at the time of its decision.

The case then went back to the NLRB. The NLRB revisited the facts of the case and again concluded that union officials broke the law. The Tenth Circuit upheld the NLRB ruling again and slapped Teamster Local 523 with monetary sanctions for the frivolous nature of the union’s lawyers’ second appeal. Teamster union lawyers appealed the case to the Supreme Court again, but the Court declined to take the case.

The case then went before an NLRB Administrative Law Judge to determine the amount of back pay and damages the union owes Rammage. The judge ruled that Rammage was entitled to $47,337 in back pay and reimbursements, plus interest. After union lawyers filed objections, a three-member panel of the NLRB ruled once again in favor of Rammage.

The union has now agreed to pay damages and interest totaling $51,500, starting with an initial payment of $10,000 by July 10.

«Justice delayed is justice denied and Mr. Rammage has been denied justice for far too long,» said Mark Mix, President of the National Right to Work Foundation. «After multiple hearings and trials, and two appeals to the U.S. Supreme Court, we are glad that Mr. Rammage will finally receive compensation.»

Springfield, VA (July 3, 2014) – In the wake of the Supreme Court’s landmark Harris v. Quinn ruling, the National Right to Work Foundation, a charitable organization that provides free legal assistance to employees, has announced an offer of free legal aid to homecare and childcare providers across the country who are subject to forced unionization.

Harris, which was argued by Foundation staff attorneys for eight Illinois care providers, struck down a scheme pushed by former Illinois Governor Rod Blagojevich and current Illinois Governor Pat Quinn that forced providers to pay union dues. The Supreme Court ruled that forcing Illinois caregivers, whose charges receive a small state subsidy, to pay union dues violates their First Amendment rights.

Homecare and/or childcare unionization schemes have been established in at least 18 other states. Foundation staff attorneys are currently assisting homecare or childcare providers in Massachusetts, Minnesota, and Michigan who wish to refrain from joining or financially supporting unwanted unions.

Foundation litigators believe that the Harris precedent can be used to challenge homecare and childcare unionization schemes nationwide. To that end, the National Right to Work Foundation has announced an offer of free legal assistance to caregivers who oppose compulsory union dues.

“After examining the Harris decision, our staff attorneys have concluded that the Supreme Court’s ruling can be used to challenge coercive homecare unionization schemes in states across the country,” said Ray LaJeunesse, Vice President and Legal Director of the National Right to Work Foundation.

“No personal caregiver should be forced to pay union dues, which is why we’re extending an offer of free legal assistance to homecare and childcare providers everywhere,” continued LaJeunesse. “We hope to leverage the Harris decision to end the specter of homecare unionization and protect providers’ First Amendment rights nationwide.”

Homecare and childcare providers subjected to forced unionization schemes can request free legal assistance from Foundation staff attorneys by visiting the Foundation’s website at www.nrtw.org or calling the Foundation’s toll-free hotline at 1-800-336-3600. Each request for assistance will be evaluated on its merits based on the facts and the characteristics of the specific unionization scheme, among other things.