Statement on Supreme Court’s Failure to Take Up Reed Case: Ending Forced Unionism is the Best Way to Protect Employees of Faith
Today, the Supreme Court announced its decision not to hear Jeffrey Reed v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, a case brought by Foundation attorneys that challenged a discriminatory United Auto Workers (UAW) forced unionism policy.
In response to the Court’s failure to take up the case, National Right to Work Legal Defense Foundation President Mark Mix issued the following statement:
"It’s deeply disappointing that the Supreme Court will not address a discriminatory UAW policy that forces employees who object to union activities on religious grounds to pay more union dues than secular objectors or union members. The Right to Work Foundation will continue to work towards safeguarding the rights of all employees of faith to get or keep a job without compromising their deeply-held religious convictions.
"While we will continue to press this issue in the courts, the only sure way to end this type of injustice once and for all is by ending forced unionism and stripping union officials of their special powers to impose monopoly bargaining and forced dues on any employee."
Becker’s Bias: A Look at Obama Recess Appointee’s Animosity Toward National Right to Work and the Rights of Individual Employees
Last week, National Right to Work Foundation attorneys filed recusal motions asking Craig Becker, President Barack Obama’s recess appointee to the National Labor Relations Board (NLRB), to remove himself from any pending cases involving Foundation attorneys based on his personal bias and malice toward the organization, as revealed by his published writings about the Foundation. Let’s take a closer look.
In a 2005 article in the Berkeley Journal of Employment and Labor Law, Becker described the Foundation as "an organization that purports to represent employees…."
Only the most rabid and unthinking forced unionism militant can’t see indisputable evidence that Foundation attorneys only provide free legal aid to workers. As the Washington Examiner’s Mark Hemingway notes in a column about Becker’s bias,
Unions try and portray the organization as a shill for big business, but the fact is that National Right to Work is the only organization providing free legal aid to workers with grievances against their union, and is otherwise responsible for doing a lot to keep unions in check.
Currently, Foundation attorneys are assisting thousands of employees in over 200 cases nationwide. The Foundation’s legal aid program is designed to enforce employees’ existing legal rights against forced unionism abuses and to win new legal precedents expanding these rights and protections. Here’s a sample:
- Last month, Foundation attorneys filed unfair labor practice charges on behalf of Nestor Mendez, a former Vons grocery store worker who was wrongfully fired on December 14, 2009 at the request of local UFCW union officials. Mendez seeks financial compensation for lost wages and reinstatement of his position.
- In 2001, with help from Foundation attorneys, Rod Carter received a monetary settlement from Teamsters Local 769 for its direct involvement in a bloody attack on Carter during a nationwide strike against UPS.
- Foundation attorneys are at the forefront in protecting religious objectors’ rights under Title VII of the Civil Rights Act of 1964. In one case, a Ohio Education Association union official told a 21-year veteran teacher to "change religions" if she wanted a religious accommodation.
- Last year Foundation attorneys helped secure a settlement for five Phoenix-based employees who filed a federal lawsuit against their employer and IBEW Local 1269 union officials for a corrupt scheme to divert sales commissions from the employees to union officials. Some of the methods used to increase the union agents’ compensation included giving union agents “double commissions” for sales made by other workers.
Why else but malice would Craig Becker write that the National Right to Work Foundation “purports to represent employees”? Foundation attorneys do not just claim to provide free legal aid to workers. They do it on a daily basis.
The undercurrent of Craig Becker’s agenda is that individual employees are irrelevant in the workplace and should be afforded no recourse against the union operatives who violate their rights. The Right to Work principle makes no judgment on whether workers should join or support a union for whatever reason. That is a decision best left up to the individual. The Right to Work principle is therefore not "anti-union" but anti-compulsory unionism and pro-freedom of choice. Freedom of association is a basic right, but today’s unions operate via forced association.
It’s worth noting that the Foundation is entirely supported by voluntary contributions from individuals, foundations, and job providers — unlike unions, which rely on using the power of the state to seize money straight out of unwilling workers’ paychecks. In fact, Foundation supporters come from all walks of life, sections of the country, and social backgrounds. The vast majority of Foundation contributors — tens of thousands of concerned citizens — give $100 or less each year.
There’s nothing remotely "fringe" about our principle, and that’s why 22 states have adopted Right to Work laws and nearly 80% of the American people agree that no worker should ever be forced to associate with a union to get or keep a job.
If you do want to find fringe views on labor law, look no further than Craig Becker himself. "At first blush it might seem fair to give workers the choice to remain unrepresented," Becker wrote in a 1998 New Labor Forum article. Sorry, Member Becker: it’s always fair to give workers a choice no matter how many ways you look at it.
FEC Confirms Postal Union Improperly Diverted Worker’s Dues to Union Political Action Committee
FEC Confirms Postal Union Improperly Diverted Worker’s Dues to Union Political Action Committee
Despite finding, FEC dismisses complaint citing NPMHU officials’ claim that diversion of union dues was so-called “technical error”
Washington, DC (April 5, 2010) – The Federal Election Commission (FEC) has dismissed a complaint filed by the National Right to Work Legal Defense Foundation and a Nashua-area postal worker who discovered his annual union membership dues were illegally diverted into the union’s political action committee (PAC).
In July 2006, United States Postal Service employee Philip Wakeman paid $429 in membership dues to join the National Postal Mail Handlers Union (NPMHU), a division of the Laborers’ International Union. On the “Memo” line at the bottom of the check, he wrote “Union Dues.” A union official later acknowledged receipt of the union dues.
In October 2008, over two years after submitting the check to the NPMHU union, a stranger called Wakeman on an unrelated matter and informed him that she found his information on the Internet. The stranger then suggested that he do a “Google” Internet search of his name. After doing so, Mr. Wakeman was astounded to find his name disclosed as making a contribution to the NPMHU PAC in the exact amount of his annual NPMHU union membership dues – all without his knowledge.
The full press release is available here.
FEC Confirms Postal Union Improperly Diverted Worker’s Dues to Union Political Action Committee
Washington, DC (April 5, 2010) – The Federal Election Commission (FEC) has dismissed a complaint filed by the National Right to Work Legal Defense Foundation and a Nashua-area postal worker who discovered his annual union membership dues were illegally diverted into the union’s political action committee (PAC).
In July 2006, United States Postal Service employee Philip Wakeman paid $429 in membership dues to join the National Postal Mail Handlers Union (NPMHU), a division of the Laborers’ International Union. On the “Memo” line at the bottom of the check, he wrote “Union Dues.” A union official later acknowledged receipt of the union dues.
In October 2008, over two years after submitting the check to the NPMHU union, a stranger called Wakeman on an unrelated matter and informed him that she found his information on the Internet. The stranger then suggested that he do a “Google” Internet search of his name. After doing so, Mr. Wakeman was astounded to find his name disclosed as making a contribution to the NPMHU PAC in the exact amount of his annual NPMHU union membership dues – all without his knowledge.
It is illegal for union officials to fund union PACs using “dues, fees, or other moneys required as a condition of membership in a labor organization.” NPMHU union bosses were also accused of violating federal election law by making a political campaign contribution in another person’s name and soliciting political contributions under false pretenses while failing to inform Mr. Wakeman that his membership dues would be used for political purposes.
Apparently NPMHU union bosses had illegally diverted his dues payment to the union’s PAC, but then redirected the portion of funds not intended for union political activities back to membership expenses after the 2006 midterm elections, blaming it on a “technical error” and prompting the FEC to dismiss the charges.
“Unfortunately, the FEC failed to investigate whether this instance of political money laundering was part of a larger scheme afoot,” said Patrick Semmens, Legal Information Director of the National Right to Work Foundation. “Even if the union officials’ dubious claims that it was a mistake are to be believed, in effect Mr. Wakeman was forced to give an interest-free loan to the union to use his dues for politics.”
“We will work to ensure that the FEC’s lack of action in this case does not embolden union bosses to concoct similar schemes to funnel union dues for politics as long as they ‘fix’ it later,” Semmens said.
Denver Post: Becker’s Recess Appointment «Troubling,» «Makes Little Sense»
Today, the Denver Post questioned President Obama’s recess appointment of radical SEIU union lawyer Craig Becker to the National Labor Relations Board, noting how Becker’s biases against workers’ rights:
From the Denver Post:
We question Becker’s ability to be an arbiter enforcing fairness in union elections…Becker served as counsel to both the Service Employees International Union (SEIU) and the AFL-CIO. It was [SEIU] president Andy Stern who visited the Obama White House 38 times (at last count), and his union spent a reported $66 million to help the president win election.
The Post continues:
He not only supports so-called "card check," the Employee Free Choice Act that which would effectively eliminate secret ballots and strip away worker privacy when forming a union, he also advocates for the elimination of the "no union" option from workers’ ballots. And he thinks employers should have no "role in union organizing campaigns and in union representation elections."
How can Americans expect Becker will exhibit impartiality?
The National Right to Work Legal Defense Foundation, for instance, already has asked Becker to recuse himself from 12 cases because "his prior writings demonstrate a bias against the group."
Read the whole Denver Post editorial here.
Right to Work on Glenn Beck: Big Labor’s Unfunded Pension Plans Are Bankrupting America
Yesterday, National Right to Work President Mark Mix appeared on the Glenn Beck Show to explain the looming fiscal threat of government sector unions’ under-funded pension plans:
Labor Board Slaps Grocery Union Bosses with Federal Complaint for Statewide Illegal Forced-Dues Scheme
Labor Board Slaps Grocery Union Bosses with Federal Complaint for Statewide Illegal Forced-Dues Scheme
Suspecting widespread abuse, Right to Work Foundation gears up legal aid program to assist any of the tens of thousands of employees affected
Phoenix, AZ (April 1, 2010) – The National Labor Relations Board (NLRB) regional office in Phoenix has issued a statewide complaint alleging that local union bosses and Fry’s Food Stores are illegally blocking independent-minded workers from stopping union dues payments.
The prosecution is the result of a four month long investigation of charges filed by Fry’s employees with free legal assistance from National Right to Work Foundation attorneys. Employees from several Fry’s locations filed the federal charges challenging the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry’s management, after union and company officials refused to honor the employees’ legal rights to revoke their dues deduction authorizations and continued to illegally seize union dues from their paychecks.
Upset by the UFCW Local 99 strike threat last November, the employees resigned from the union and revoked their dues deduction authorizations – used by union officials to automatically withhold dues from employee paychecks – during a time in which the union did not have a contract at their workplaces. Under Arizona’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.
The Phoenix NLRB regional director found that the dues deduction authorizations used by UFCW Local 99 union officials at all Fry’s locations are illegal because the dues deduction authorizations do not allow employees to revoke them during contract hiatus periods, as required by federal law.
Suspecting that the illegal dues deduction forms are used in all workplaces in Arizona where UFCW union bosses enjoy monopoly bargaining privileges, Foundation attorneys are now offering free legal aid to all employees affected by the illegal UFCW dues deduction authorizations.
View the full press release and the list of UFCW Local 99 union organized employers in Arizona here.
Labor Board Slaps Grocery Union Bosses with Federal Complaint for Statewide Illegal Forced-Dues Scheme
Phoenix, AZ (April 1, 2010) – The National Labor Relations Board (NLRB) regional office in Phoenix has issued a statewide complaint alleging that local union bosses and Fry’s Food Stores are illegally blocking independent-minded workers from stopping union dues payments.
The prosecution is the result of a four month long investigation of charges filed by Fry’s employees with free legal assistance from National Right to Work Foundation attorneys. Employees from several Fry’s locations filed the federal charges challenging the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry’s management, after union and company officials refused to honor the employees’ legal rights to revoke their dues deduction authorizations and continued to illegally seize union dues from their paychecks.
Upset by the UFCW Local 99 strike threat last November, the employees resigned from the union and revoked their dues deduction authorizations – used by union officials to automatically withhold dues from employee paychecks – during a time in which the union did not have a contract at their workplaces. Under Arizona’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.
The Phoenix NLRB regional director found that the dues deduction authorizations used by UFCW Local 99 union officials at all Fry’s locations are illegal because the dues deduction authorizations do not allow employees to revoke them during contract hiatus periods, as required by federal law.
Suspecting that the illegal dues deduction forms are used in all workplaces in Arizona where UFCW union bosses enjoy monopoly bargaining privileges, Foundation attorneys are now offering free legal aid to all employees affected by the illegal UFCW dues deduction authorizations.
“UFCW Local 99 bosses are likely violating the rights of tens of thousands of workers across the state of Arizona” said Patrick Semmens, Director of Legal Information at National Right to Work. “We intend to make sure that UFCW operatives play by the rules and stop extracting union dues from workers who, under Arizona’s popular Right to Work law, cannot be forced to pay union dues.”
With free legal assistance from the Foundation, Shirley Jones of Mesa; Karen Medley and Elaine Brown of Apache Junction; Kimberly Stewart and Saloomeh Hardy of Queen Creek; and Tommy and Janette Fuentes of Florence – acting for other similarly situated employees – filed the federal unfair labor practice charges that spurred the NLRB to investigate and issue a statewide complaint against UFCW Local 99 union bosses.
Note: Here is the list of UFCW organized employers in Arizona:
- Ace Parking – Phoenix
- Ace Parking – Tucson
- Albertson’s – Yuma
- ALSCO
- ARCO Services Company
- Arizona Center for Disability Law
- Arizona Sonora Desert Museum
- Calcot Compress Company
- Canteen (Raytheon)
- Canteen (Vendors)
- Canteen (Douglas)
- Community Legal Service
- Copper Queen Hospital
- Eurofresh
- Fry’s Food and Drug
- Fry’s Market Place
- Mission Foods
- Precept
- Robert B. Yacko, D.D.S., P.C.
- Safeway
- Smithfield
- Smith’s Food and Drug
- Southern Arizona Legal Aid
- Southwest Service Administrators
- Waste Management
Craig Becker Watch II: Right to Work Sounds the Alarm on Fox News
Right to Work President Mark Mix explains Craig Becker’s radically pro-compulsory unionism agenda on Fox Business:
For more background on Becker, check out our previous post on his appointment, including video footage of another Right to Work appearance on Fox.
Teacher Challenges School Policy that Discriminates Against Nonunion Teachers during Professional Hearings
Union members receive access to counsel while nonmember teachers aren’t allowed to bring their own attorneys
Miami, FL (April 1, 2010) – With free legal assistance from the National Right to Work Foundation, a Miami-Dade public school teacher has filed unfair labor practice charges challenging a discriminatory policy that prevents nonunion teachers from using representatives of their own choosing during school investigatory interviews.
Shawn Beightol, a veteran chemistry teacher at Michel Krop Sr. High School, was told to report to the Miami-Dade County Office of Professional Standards (OPS) to discuss a possible violation of the school’s email policy last October.
The United Teachers of Dade (UTD) union is the exclusive bargaining agent for the Miami-Dade School District. However, Beightol is a member of the Professional Educations Network of Florida (PENFL), a nonunion teachers association. Although Beightol brought a representative from the PENFL to the October hearing, school officials refused to allow his advisor to participate.
