Coca-Cola Worker Wins Thousands in Settlement After Union Bosses Illegally Had Him Fired

Incident shows Pennsylvania’s workers desperately need Right to Work protections

Houston, PA (November 4, 2011) – A Coca-Cola employee has won a settlement for over $4,000 with free legal assistance from the National Right to Work Foundation.

Keith Smiesko of Saxonburg won $3,356.46 from Teamster Local 585 union officials and $819.54 from Coca-Cola after he was illegally fired from his job for exercising his rights under the Foundation-won Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership.

Earlier this year, Teamster Local 585 union officials ordered Smiesko – who had refrained from full union membership and dues payments – to immediately pay full union dues for the previous three years along with additional union initiation fees without ever notifying him that he was being charged for their so-called "representation." Union officials illegally threatened Smiesko with job termination if he did not pay.

Smiesko refused to pay, and Teamster Local 585 union officials demanded that Coca-Cola fire him. Coca-Cola complied with the union bosses’ demand.

Read the entire release here.

Houston, PA (November 4, 2011) – A Coca-Cola employee has won a settlement for over $4,000 with free legal assistance from the National Right to Work Foundation.

Keith Smiesko of Saxonburg won $3,356.46 from Teamster Local 585 union officials and $819.54 from Coca-Cola after he was illegally fired from his job for exercising his rights under the Foundation-won Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership.

Earlier this year, Teamster Local 585 union officials ordered Smiesko – who had refrained from full union membership and dues payments – to immediately pay full union dues for the previous three years along with additional union initiation fees without ever notifying him that he was being charged for their so-called "representation." Union officials illegally threatened Smiesko with job termination if he did not pay.

Smiesko refused to pay, and Teamster Local 585 union officials demanded that Coca-Cola fire him. Coca-Cola complied with the union bosses’ demand. With Foundation assistance, Smiesko then filed federal unfair labor practice charges against the union and company with the National Labor Relations Board (NLRB) regional office in Pittsburgh.

In addition to the monetary settlement, Smiesko was reinstated to his job with Coca-Cola, and union and company officials agreed to post a notice in the workplace for workers who may want to exercise their Foundation-won rights to refrain from full-dues-paying union membership.

"No worker should ever be extorted by union bosses to join or pay dues to a union in order to get or keep a job," said Mark Mix, President of National Right to Work. "Pennsylvania desperately needs Right to Work protections for its workers to strip from union bosses the power to compel workers to give up some of their hard-earned money in order to provide for their families."

Despite the Court precedent in Beck, union bosses can still force workers who refrain from formal union membership to pay part of union dues because Pennsylvania does not have a Right to Work law. However, workers cannot be compelled to pay the portion of union dues used for the union’s political, lobbying, and member-only activities.

If enacted, a Right to Work law would end compulsory union dues by making union membership and dues payment strictly voluntary. Polls consistently show that 8 in 10 Americans support the Right to Work principle. Twenty-two states have already passed Right to Work protections for their workers.

Auto Parts Manufacturing Workers Seek to Disassemble Unpopular Union Boss Bargaining Powers

Labor board investigation throws wrench into case, finds union contract with company illegal

Long Island, NY (November 1, 2011) – A Levittown automobile parts manufacturing worker is asking the National Labor Relations Board (NLRB) to halt an unpopular local union from forcing its representation on him and his colleagues.

With free legal assistance from the National Right to Work Foundation, Charlie Shannon filed unfair labor practice charges for himself and his coworkers against the International Union of Electronic, Electrical, Salaried, Machine, and Furniture Workers-Communications Workers of America (IUE-CWA) Local 463 union.

IUE-CWA Local 463 union officials no longer enjoy majority support from the employees after a majority of them signed a petition to remove the unwanted union from their workplace. However, union officials unlawfully continue to negotiate a new monopoly bargaining agreement with the employer, Sterling Instruments, Inc.

After investigating the matter, the NLRB regional office in Brooklyn found that IUE-CWA Local 463 union officials were illegally demanding forced union dues payments from the workers because the contract’s forced-dues clause with the company was not valid.

Read the entire release here.

Long Island, NY (November 1, 2011) – A Levittown automobile parts manufacturing worker is asking the National Labor Relations Board (NLRB) to halt an unpopular local union from forcing its representation on him and his colleagues.

With free legal assistance from the National Right to Work Foundation, Charlie Shannon filed unfair labor practice charges for himself and his coworkers against the International Union of Electronic, Electrical, Salaried, Machine, and Furniture Workers-Communications Workers of America (IUE-CWA) Local 463 union.

IUE-CWA Local 463 union officials no longer enjoy majority support from the employees after a majority of them signed a petition to remove the unwanted union from their workplace. However, union officials unlawfully continue to negotiate a new monopoly bargaining agreement with the employer, Sterling Instruments, Inc.

After investigating the matter, the NLRB regional office in Brooklyn found that IUE-CWA Local 463 union officials were illegally demanding forced union dues payments from the workers because the contract’s forced-dues clause with the company was not valid. Additionally, union officials never informed workers of their National Right to Work Foundation-won rights to refrain from full-dues-paying union membership and from paying for union boss political activities or member-only events.

The workers are seeking a refund of the dues illegally seized from their paychecks, plus interest.

Despite the charges, union bosses remain deaf to the happenings on the ground level and are threatening to call a strike against the company, even though numerous employees have already resigned their union membership.

«These workers have made it clear: They want nothing to do with the union,» said Mark Mix, President of National Right to Work. «These employees, and all American workers, should be free to negotiate their own terms and conditions of employment, and be rewarded on their individual merit, if they so choose.»

«Union bosses will stop at nothing for forced union dues, including exercising illegal bargaining powers over the workers,» added Mix. «It’s cases like these that prove that New York desperately needs Right to Work protections for its workers.»

Worker Advocate Files Motion in Federal Labor Board Posting Notice Case

National Right to Work Foundation attorneys fight Labor Board’s decision to promote monopoly unionism in virtually every workplace in America

Washington, DC (October 26, 2011) – Today, National Right to Work Foundation attorneys filed a motion for summary judgment in their federal lawsuit challenging the National Labor Relations Board’s (NLRB) new union posting rules released recently.

The motion was filed this afternoon in conjunction with National Federation of Independent Business (NFIB) in the United States District Court for the District of Columbia.

The Foundation’s case challenges the new rules requiring virtually every employer in the country to post biased information about employee rights online and in the workplace, even if they’ve never committed a violation or been accused of unfair labor practices.

Read the entire release here.

Washington, DC (October 26, 2011) – Today, National Right to Work Foundation attorneys filed a motion for summary judgment in their federal lawsuit challenging the National Labor Relations Board’s (NLRB) new union posting rules released recently.

The motion was filed this afternoon in conjunction with National Federation of Independent Business (NFIB) in the United States District Court for the District of Columbia.

The Foundation’s case challenges the new rules requiring virtually every employer in the country to post biased information about employee rights online and in the workplace, even if they’ve never committed a violation or been accused of unfair labor practices.

Meanwhile, the new rules do not require union officials to issue information about workers’ rights to refrain from union membership or opt out of union dues.

Until the rule changes, employers were required to post notices of workers’ rights only if a violation of labor law occurred.

National Right to Work Foundation attorneys argue that the NLRB has exceeded its authority granted by Congress and violated free speech guarantees of the First Amendment. No other federal agency has ever made it unlawful to fail to post a notice that wasn’t required by Congress, which has prompted House Republicans to hold Congressional hearings on the matter.

After Foundation attorneys filed for a preliminary injunction and argued against the rule changes in court, the NLRB delayed the effective date of the Notice Posting Rule until January 31, 2012.

«Under these new rules, employers are essentially weaponized against workers,» said Mark Mix, President of National Right to Work. «Mom and Pop shops, small businesses, larger companies – even some religiously-affiliated organizations – are now under the Obama Labor Board’s microscope and will feel the pressure to hand over their employees to forced unionism or face legal consequences.»

«This ‘divide and conquer’ strategy should erase all doubt that the biased and ideologically-charged Obama Labor Board has turned into an organizing tool for Big Labor set to do one thing: force more workers who may want nothing to do with a union into paying union dues to keep their jobs.»

Civil Servants File New Brief in Federal Public-Sector Unionism Case

Workers ask court to uphold reform measure protecting most Badger State public workers from forced unionism

Madison, WI (October 20, 2011) – With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, three Wisconsin public employees affected by Wisconsin’s recent public-sector unionism reforms have filed an amicus curiae brief in federal court asking the judge to uphold the new law and deny the unions’ request to suspend the law.

Pleasant Prairie teacher Kristi Lacroix, Waukesha high school teacher Nathan Berish, and trust fund specialist at the Wisconsin Department of Employee Trust Funds Ricardo Cruz filed the brief late last week in favor of the reforms which sharply limited government union officials’ monopoly bargaining power over public workers and taxpayers.

The teachers object to the union’s use of their forced union dues for the union’s political activities. In a recent legal brief, union officials admitted that under the reforms public-sector union bosses would lose at least a quarter of their forced-union-dues revenues. For example, Wisconsin teacher union bosses would not be able to force independent-minded teachers to pay $5.4 million in forced dues and $375,000 for teacher union boss political activism, thus highlighting the need for a Right to Work law for Wisconsin’s workers – in both the public and private sectors.

All three workers want to exercise the freedom to represent themselves with their employers, stating in their brief that «they equate the ‘services’ provided by (union officials) to be akin to those of some itinerant street window washers who sling dirty water on your car windshield, smear it around, and then demand payment.»

Read the entire release here.

Madison, WI (October 20, 2011) – With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, three Wisconsin public employees affected by Wisconsin’s recent public-sector unionism reforms have filed an amicus curiae brief in federal court asking the judge to uphold the new law and deny the unions’ request to suspend the law.

Pleasant Prairie teacher Kristi Lacroix, Waukesha high school teacher Nathan Berish, and trust fund specialist at the Wisconsin Department of Employee Trust Funds Ricardo Cruz filed the brief late last week in favor of the reforms which sharply limited government union officials’ monopoly bargaining power over public workers and taxpayers.

The teachers object to the union’s use of their forced union dues for the union’s political activities. In a recent legal brief, union officials admitted that under the reforms public-sector union bosses would lose at least a quarter of their forced-union-dues revenues. For example, Wisconsin teacher union bosses would not be able to force independent-minded teachers to pay $5.4 million in forced dues and $375,000 for teacher union boss political activism, thus highlighting the need for a Right to Work law for Wisconsin’s workers – in both the public and private sectors.

All three workers want to exercise the freedom to represent themselves with their employers, stating in their brief that «they equate the ‘services’ provided by (union officials) to be akin to those of some itinerant street window washers who sling dirty water on your car windshield, smear it around, and then demand payment.» The three public employees also filed a motion to intervene in the same case in mid-July. The judge has yet to rule on their motion.

In June, the Wisconsin Supreme Court upheld Governor Scott Walker’s government-sector monopoly bargaining reform bill, which protects the Right to Work for most government employees and bans automatic forced-union-dues seizures from public employees’ paychecks. In response, union lawyers filed a new lawsuit in federal court seeking to overturn the law.

«These courageous workers carry on the fight to uphold their Right to Work for all of Wisconsin’s civil servants who want nothing to do with union bosses’ so-called ‘representation’,» said Mark Mix, President of National Right to Work. «With the help of the National Right to Work Foundation, these workers are prepared to withstand Big Labor’s all-out assault to restore its forced-dues privileges over Wisconsin’s public workers.»

Verizon Employee Files Federal Charge Against CWA Union Officials for Ignoring Her Rights

Workers refused to abandon job during highly-publicized strike but Verizon continues to illegally seize union dues from her paycheck

Newport News, VA (October 3, 2011) – In the wake of the recent Communications Workers of America (CWA) union-boss instigated strike that grabbed national headlines, a Newport News, Virginia Verizon (NYSE: VZ) worker has filed federal charges against the union and company for violating her rights.

With free legal assistance from National Right to Work Foundation attorneys, Williamsburg resident Monika Cassell filed unfair labor practice charges against the CWA union, its Local 2205, and Verizon for ignoring her right to refrain from paying union dues.

Upset by the CWA union officials’ order to strike, and desiring to continue working to provide for their families, Cassell and other Verizon employees resigned from the union and revoked their dues deduction authorizations – a document used by union officials to automatically collect dues from employees’ paychecks – while the union did not have a contract at their workplaces.

Under Virginia’s popular Right to Work law, no worker can be required to join or pay any money to a union; and under federal labor law, employees can revoke their dues deduction authorizations once a contract terminates.

Read the entire release here.