Worker Files Federal Charges against NBC Sports, CWA for Forcing Him to Join Union, Pay Full Dues
Worker Files Federal Charges against NBC Sports, CWA for Forcing Him to Join Union, Pay Full Dues
Case shows why West Virginia’s workers need Right to Work protections
New York, NY (March 11, 2013) – With the help of National Right to Work Foundation staff attorneys, an NBC Sports technician has filed federal charges against his employer and the NABET-CWA Local 11 union for forcing him to join the union and pay full dues.
Over the past six months, Steve Wahlenmayer has worked as a daily hire for NBC Sports, which is party to a bargaining agreement with the Communications Workers of America (CWA) union. Because New York lacks a Right to Work law, regular employees can be forced to pay union dues as a condition of employment after 30 consecutive days of employment. This means temporary or daily hires cannot be required to pay union dues if they don’t reach the 30-day threshold.
Despite the fact that Wahlenmayer has never worked for NBC for 30 consecutive days, CWA officials and NBC Sports demanded he join the union and sign a dues check-off card authorizing the CWA to deduct automatically dues from his paycheck and to pay a $9,000 initiation fee. Other temporary hires at NBC Sports have faced similar demands.
Worker Files Federal Charges against NBC Sports, CWA for Forcing Him to Join Union, Pay Full Dues
New York, NY (March 11, 2013) – With the help of National Right to Work Foundation staff attorneys, an NBC Sports technician has filed federal charges against his employer and the NABET-CWA Local 11 union for forcing him to join the union and pay full dues.
Over the past six months, Steve Wahlenmayer has worked as a daily hire for NBC Sports, which is party to a bargaining agreement with the Communications Workers of America (CWA) union. Because New York lacks a Right to Work law, regular employees can be forced to pay union dues as a condition of employment after 30 consecutive days of employment. This means temporary or daily hires cannot be required to pay union dues if they don’t reach the 30-day threshold.
Despite the fact that Wahlenmayer has never worked for NBC for 30 consecutive days, CWA officials and NBC Sports demanded he join the union and sign a dues check-off card authorizing the CWA to deduct automatically dues from his paycheck and to pay a $9,000 initiation fee. Other temporary hires at NBC Sports have faced similar demands.
Moreover, even if Wahlenmayer or his coworkers were employed by NBC for at least 30 consecutive days, federal law prohibits unions and employers from forcing workers to join a union as a condition of employment.
Under protest, Wahlenmayer signed a dues check-off card to protect his job. He is now filing charges to reclaim his confiscated dues with the National Labor Relations Board, a federal agency charged with administering private sector labor law.
«Desperate for more forced dues cash, CWA union bosses are trying to fleece temporary hires in flagrant violation of federal law,» said Patrick Semmens, Vice President of the National Right to Work Foundation. «Unfortunately, NBC Sports is complicit in the mistreatment of their own employees.»
«This illicit practice highlights the need for a New York Right to Work law, which would ensure that no worker can be forced to join or pay dues to a union just to get or keep a job,» continued Semmens.
Video: U.S. Supreme Court Denies Teamster Union Lawyers’ Hail Mary Appeal
Recently the United States Supreme Court rejected an appeal by Teamster union lawyers of a National Right to Work Foundation-won ruling against a local Teamster policy that discriminated against non union workers. Last year, the Tenth Circuit Court of Appeals slapped Teamster Local 523 with sanctions for filing a frivolous appeal in the case.
For more on the case and other developments in the Foundation’s free legal aid program, watch the video below.
The National Right to Work Foundation relies on voluntary contributions form its supporters to provide free legal aid. To make a tax-deductible contribution, please click here.
FOUNDATION ACTION: Foundation Forms Task Force to Defend Michigan Right to Work Law
NOTE: This article is from the last issue of Foundation Action, our bi-monthly newsletter. You can sign up to receive a print edition of the newsletter here.
as Michigan Governor Rick Snyder signed private sector and public sector Right to Work legislation into law, union officials and others had already announced their plans to file frivolous lawsuits designed to delay implementation of and hamstring the legislation in court.
Responding to these tactics, the National Right to Work Legal Defense Foundation immediately announced the creation of a special task force to defend Michigan?s newly-enacted Right to Work law.
?"Michigan?’s new Right to Work laws are a great advance for worker freedom, but union bosses won?t give up their special privileges without a fight,"? said Ray LaJeunesse, Vice President and Legal Director of the National Right to Work Foundation. "?Big Labor is already planning a vicious legal counterattack in state and federal court, which is why we need to be ready.?"
Just as Foundation Action went to press, to preempt union lawyers from getting an injunction from a friendly state court judge, Governor Snyder asked Michigan?s Supreme Court to render an advisory opinion on the constitutionality of the state?s new Right to Work laws. Foundation attorneys are preparing to file an amicus brief in that case for Michigan workers supporting the laws? constitutionality.
Foundation attorneys ready to defend?Right to Work
Fortunately for Michigan workers, Foundation attorneys have successfully defended several state Right to Work laws in the past.
Shortly after Indiana became the nation?s 23rd Right to Work state, United Steel Worker (USW) union bosses filed a lawsuit challenging the bill?s legality in state court.
Right to Work attorneys quickly responded by filing a brief opposing the union?s lawsuit for two workers who are employed at facilities unionized by USW operatives and are forced to pay union dues just to keep their jobs. Foundation attorneys attended oral argument on a motion to dismiss on October 16 and sent local counsel to a hearing in late January.
Cases highlight success of Foundation legal program
Moreover, Foundation attorneys defended Wisconsin?s recently-enacted public sector union reforms (including Right to Work protections for most Wisconsin public employees) in a federal appeals court (see page 3 of this issue of Foundation Action) for three Wisconsin civil servants. Foundation attorneys are also assisting three other Wisconsin public employees defending the reforms in two other cases, one pending in federal court, and another at the state?s appeals court.
Recent public polling reveals that a majority of Michiganders support the new Right to Work laws. Despite losing in the court of public opinion, Michigan union bosses are undeterred. Big Labor is predictably turning to the court system to delay or even roll back the state?s popular Right to Work laws in an effort to reclaim their force-dues powers.
"?Despite union lawyers?’ attempts to strike down Right to Work laws wherever they are passed, their track record against our experienced Right to Work staff attorneys is far from stellar,?" explained LaJeunesse. ?"But union bosses know all it takes is one friendly judge to temporarily block any restraint on their special government-granted power to compel workers to pay dues as a condition of employment."
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"?That is why Foundation attorneys are are already preparing to defend Michigan?s new Right to Work laws from any frivolous union boss legal challenges,"? added LaJeunesse. ?"Thanks to Foundation cases expanding worker freedom in state and federal court — including numerous Supreme Court wins — we?re confident of victory.?"
WVUH Employee’s Persistence Finally Forces Union Bosses to Abide by Federal Settlement
WVUH Employee’s Persistence Finally Forces Union Bosses to Abide by Federal Settlement
Case shows why West Virginia’s workers need Right to Work protections
Morgantown, WV (February 28, 2013) – A West Virginia University Hospital employee has finally received justice under a federal settlement after union officials failed to abide by the settlement for months.
With aid from the National Right to Work Foundation, Kimberly Wright filed a series of federal charges against a local union for refusing to honor her resignation from formal union membership, forcing her to pay full union dues against her will, and failing to provide the legally-required disclosure of how her forced dues are being spent.
WVUH Employee’s Persistence Finally Forces Union Bosses to Abide by Federal Settlement
Morgantown, WV (February 28, 2013) – A West Virginia University Hospital employee has finally received justice under a federal settlement after union officials failed to abide by the settlement for months.
With aid from the National Right to Work Foundation, Kimberly Wright filed a series of federal charges against a local union for refusing to honor her resignation from formal union membership, forcing her to pay full union dues against her will, and failing to provide the legally-required disclosure of how her forced dues are being spent.
Wright initially resigned formal union membership from the Laborers’ International Union of North America (LIUNA) Local 814 in December 2010. Wright exercised her rights under the Foundation-won U.S. Supreme Court precedent in Communications Workers v. Beck, which allows workers to refrain from full dues paying union membership.
Because West Virginia does not have a Right to Work law on the books, workers can still be compelled to pay a part of union dues despite refraining from formal union membership. For months following her resignation, LIUNA Local 814 union bosses continued to collect full union dues from Wright’s paychecks and refused to provide her with a breakdown of how her forced dues are being spent.
After Wright filed a charge with the National Labor Relations Board (NLRB), the Board reached a settlement with the union officials. However, LIUNA Local 814 union officials continued to collect full union dues from Wright’s paychecks despite the settlement, forcing her to file another charge with the NLRB. The second charge was settled in September 2012.
The union again failed to abide by the settlement for months and continued to collect full union dues. Finally, after Wright and her Foundation staff attorneys requested that the Board revoke the settlement and issue a complaint due to the union bosses’ non-compliance, union officials relented, refunding 26 months of overcharges to Wright and providing audits of the union’s books and records.
«Despite two federal settlements, LIUNA Local 814 union officials ignored Kimberly Wright’s rights for months on end, but they still have the power to compel her to pay union dues or fees as a condition of her employment,» said Mark Mix, President of National Right to Work. «This case shows that workers need Right to Work protections making union membership and dues payments completely voluntary.»
Twenty-four states have Right to Work protections for employees. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.
FOUNDATION ACTION: Indiana and Wisconsin Right to Work Protections Upheld in Federal Court
NOTE: This article is from the upcoming issue of Foundation Action, our bi-monthly newsletter. You can sign up to receive a print edition of the newsletter here.
Indiana and Wisconsin Right to Work Protections Upheld in Federal Court
Foundation attorneys help thwart bogus union legal challenges to recent labor reforms
SPRINGFIELD, VA?- In the span of two days, Foundation attorneys scored resounding victories defending Indiana’s newly-enacted Right to Work law and Wisconsin’s 2010 public sector Right to Work law in two federal courts.
The legal victories both highlight the need and the success of the Foundation’s litigation program.
Indiana union bosses soundly defeated in court
A United States District Court Judge dismissed a federal lawsuit challenging Indiana’s Right to Work law filed by International Union of Operating Engineers (IUOE) Local 150 lawyers. IUOE Local 150, headquartered in suburban Chicago, filed the lawsuit to undo what thousands of Hoosier citizens worked hard to achieve through the legislative process immediately after the law was enacted last February.
Unfortunately for the IUOE, the constitutionality of state Right to Work laws has long been a settled question. And National Right to Work Foundation staff attorneys, representing four Indiana workers who support the Right to Work law, advised lawyers for the State of Indiana about arguments that were made to defend the law in court.
The four Hoosier citizens who opposed the union’s legal challenge were David Bercot, a certified wastewater operator for the ITR Concession Company in Fort Wayne; Joel Tibbetts, a Minteq International assistant manager in Valparaiso; Douglas Richards, an employee with the Goshen-based Cequent Towing Products; and Larry Getts, a Dana Holding Corporation technician in Albion.
Judge Philip Simon dismissed all of the union lawyers’ claims. He did not rule on arguments contesting the law on the grounds that it violates Indiana’s constitution, leaving that to state courts to decide. A United Steel Workers legal challenge based on state laws is still proceeding in Indiana state court, where two other Foundation-assisted employees have filed a brief arguing that the law is consistent with their state’s constitution.
“We’re happy to report that the judge rejected IUOE union bosses’ frivolous arguments and ensured that millions of Indianans will continue to work free from union coercion,” said Patrick?Semmens, Vice President of National Right to Work.
Wisconsin public sector Right to Work law stands
A day after the Indiana victory, the U.S. Court of Appeals for the Seventh Circuit based in Chicago upheld all of Governor Scott Walker’s public sector unionism reform measures, also known as “Act 10.”
The court rejected union lawyers’ attempts to strike down the law’s annual union recertification requirements, ban on the use of taxpayer funded-payroll systems to collect union dues, new limits on the scope of what union officials can demand in contract negotiations, and a provision that granted most of Wisconsin’s public employees Right to Work protections.
With free legal assistance from Foundation and Wisconsin Institute for Law & Liberty attorneys, three Wisconsin public employees moved to intervene in the lawsuit in favor of the law after lawyers from seven unions, led by the Wisconsin Education Association Council, challenged it in federal court.
The three civil servants — Kenosha teacher Kristi Lacroix, Waukesha high school teacher Nathan Berish, and trust fund specialist at the Wisconsin Department of Employee Trust Funds Ricardo Cruz — were permitted to file amicus briefs in the district court and their Foundation attorney was allowed to argue on the merits of the law before the appeals court during a hearing.
“The appellate court upheld all of ‘Act 10’ as constitutional by relying on principles established in Foundation-supported Supreme Court victories. Those cases hold that union bosses have no constitutional power to force workers to pay union dues or fees as a condition of employment. Unions also don’t have a constitutional right to use government resources to deduct union dues or fees from workers’ paychecks,” said Semmens.
“The court’s decision strikes a mighty blow for individual workers who do not want anything to do with an unwanted union in their workplace. The text of the decision makes it clear that legal arguments presented by Foundation staff attorneys were critical to the ruling.”
Workers File Suit After Company and Union Violate Utah’s Right to Work Law
Workers File Suit After Company and Union Violate Utah’s Right to Work Law
Union officials confiscate nearly $10,000 in illegal union dues
Salt Lake City, UT (February 25, 2013) – Four Progress Rail Services Corporation workers have filed a lawsuit alleging the company and a local union violated their rights under Utah’s popular Right to Work law and illegally coerced them into paying thousands of dollars in union dues.
With free legal assistance from National Right to Work Foundation staff attorneys, the four workers – Bryan Rees, James Rogers, Richard Simone, and Jason Wilson – filed the lawsuit against Progress Rail and the Brotherhood of Railway Carmen/International Association of Machinists (IAM) Local 6601 union in the Third Judicial District Court in Salt Lake County.
IAM Local 6601 union officials enjoy monopoly bargaining powers over the workplace. In about May 2006, Local 6601 union officials and Progress Rail, which repairs railroad cars, negotiated a contract that contained a forced dues clause that requires all covered employees to pay union dues or fees as a condition of employment. However, under Utah’s Right to Work law, workers cannot be compelled to pay union dues or fees to get or keep a job.
Workers File Suit After Company and Union Violate Utah’s Right to Work Law
Salt Lake City, UT (February 25, 2013) – Four Progress Rail Services Corporation workers have filed a lawsuit alleging the company and a local union violated their rights under Utah’s popular Right to Work law and illegally coerced them into paying thousands of dollars in union dues.
With free legal assistance from National Right to Work Foundation staff attorneys, the four workers – Bryan Rees, James Rogers, Richard Simone, and Jason Wilson – filed the lawsuit against Progress Rail and the Brotherhood of Railway Carmen/International Association of Machinists (IAM) Local 6601 union in the Third Judicial District Court in Salt Lake County.
IAM Local 6601 union officials enjoy monopoly bargaining powers over the workplace. In about May 2006, Local 6601 union officials and Progress Rail, which repairs railroad cars, negotiated a contract that contained a forced dues clause that requires all covered employees to pay union dues or fees as a condition of employment. However, under Utah’s Right to Work law, workers cannot be compelled to pay union dues or fees to get or keep a job.
All four workers allege in the suit that when they started working at Progress Rail at various dates between December of 2005 and August 2011, union officials informed them that union membership and full dues payments were a condition of their employment. As a result, union officials confiscated up to nearly $10,000 in illegal union dues payments from the workers’ paychecks until October 2012, months after the workers found out about their rights under Utah’s Right to Work law.
Under Utah’s Right to Work law, workers have the unconditional right refrain from union membership and dues payments.
«For years, IAM Local 6601 union bosses kept workers in the dark about their rights and took thousands of dollars of their hard-earned money in violation of Utah’s popular Right to Work law,» said Mark Mix, President of the National Right to Work Foundation. «The union’s careless disregard for these workers’ rights underscores the need for more states to pass Right to Work protections for their workers.»
Utah enacted its Right to Work law in 1955. Twenty-four states have Right to Work protections for employees. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.
DC Appeals Court Orders NLRB to Respond to Foundation Petition
Earlier this month, National Right to Work Foundation staff attorneys filed a petition in the U.S. Court of Appeals for the D.C. Circuit asking the court to order the National Labor Relations Board (NLRB) to suspend further action in a case that expanded union bosses’ powers to charge nonmember workers for union political lobbying.
The petition was filed after the Board held that a union hierarchy could force nurses in Rhode Island to pay for union bosses’ political lobbying, including lobbying in the state of Vermont.
Foundation attorneys filed the petition after the court ruled in January that President Barack Obama’s controversial purported "recess appointments" to the Board are unconstitutional. The court held President Obama could not constitutionality make those appointments without U.S. Senate confirmation because the Senate was not in recess.
Today, the court ordered the NLRB to respond to the Foundation’s petition within 30 days, and then allows Foundation attorneys to respond within 15 days after the NLRB responds.
The demand for briefing on the petition suggests the court’s willingness to grant the writ of prohibition that would order the NLRB to cease and desist action on the Geary case. Stay tuned.
