New Press Release: Employee Lawsuit Pushes Teacher Union Bosses to Refund Dues, Allow Educators to Resign
Employee Lawsuit Pushes Teacher Union Bosses to Refund Dues, Allow Educators to Resign
Despite a partial victory, Right to Work Foundation presses forward with
lawsuit to ensure all public educators’ rights are protected
Louisville, KY (November 18, 2009) – Facing an embarrassing legal setback from rank-and-file teachers, Jefferson County Teacher Association (JCTA union officials announced their intention to refund several educators’ forced dues and allow public school employees to resign from union membership during a new window period and terminate certain forced dues payments.
This announcement comes on the heels of a class-action lawsuit filed by Jefferson County educators with free legal assistance from the National Right to Work Foundation. The lawsuit, filed against the JCTA union and its national affiliate, the National Education Association (NEA) union, in U.S. District Court, seeks the return of illegally seized dues, a modification of the union’s contract to allow employees to resign from union membership at any time, and a regular notice from the union brass informing public school employees of their right to refrain from formal union membership . . .
Employee Lawsuit Pushes Teacher Union Bosses to Refund Dues, Allow Educators to Resign
Louisville, KY (November 18, 2009) – Facing an embarrassing legal setback from rank-and-file teachers, Jefferson County Teacher Association (JCTA) union officials announced their intention to refund several educators’ forced dues and allow public school employees to resign from union membership during a new window period and terminate certain forced dues payments.
This announcement comes on the heels of a class-action lawsuit filed by Jefferson County educators with free legal assistance from the National Right to Work Foundation. The lawsuit, filed against the JCTA union and its national affiliate, the National Education Association (NEA) union, in U.S. District Court, seeks the return of illegally seized dues, a modification of the union’s contract to allow employees to resign from union membership at any time, and a regular notice from the union brass informing public school employees of their right to refrain from formal union membership.
Currently, teachers employed in Jefferson County are automatically enrolled as union members and forced to pay full union dues unless they explicitly register an objection to JCTA union officials. Before union officials announced their new policy, teachers were only permitted to resign from formal union membership during a ten day-window period after an individual teacher’s contract was signed or after the union hierarchy agreed to a new contract with the local school board. If a teacher failed to register an objection to union membership within either period, he or she was forced to remain a full dues-paying union member until the expiration of the union’s five-year contract with the local school board.
The suit has already prompted union officials to announce their intention to refund over $1,100 of confiscated union dues to each of the lawsuit’s named plaintiffs, but apparently not to the hundreds of other educators represented in the class action lawsuit. Union officials have also unveiled a new opt-out period for educators seeking to leave the union that lasts until December 31.
However, Foundation attorneys believe that these changes do not address several core concerns raised in the educators’ lawsuit. Under the new policy, Jefferson County educators can still be automatically enrolled in the union without their consent and dissatisfied union members will still be forced to wait for an unconstitutional, union-designated window period to resign. Moreover, JCTA officials retain the option of reversing these policy changes without a binding legal precedent.
“Union bosses know that their illegal policy won’t hold up under the scrutiny of a federal class-action lawsuit, and this belated concession is a desperate attempt to avoid issuing refunds to literally hundreds of educators whose rights have been violated,” said Stefan Gleason, vice president of the National Right to Work Foundation. “JCTA bosses must get rid of their coercive membership policy in its entirety, and we intend to pursue all legal remedies available to the Kentucky educators whose rights are being violated.”
Independent-Minded Employees Slap Teamster Bosses with Federal Labor Charges For Illegal Threats
Independent-Minded Employees Slap Teamster Bosses with Federal Labor Charges For Illegal Threats
Right to Work Foundation aids courageous employees who union bosses threatened to have fired
Auburn, Washington (November 17, 2009) – Two Alan Ritchey Incorporated employees have hit local Teamster union officials with unfair labor practice charges after the union brass illegally threatened them with imminent termination.
Gayle May and Patricia Allen, employees of the transportation, storage, and mail delivery manufacturer and supplier, contacted the National Right to Work Foundation after they received a letter from Teamster Local 117 union officials giving them only days to exercise their legal rights to refrain from paying union dues spent for non-bargaining activities like political activism, lobbying, and member-only events, even though they had already exercised these rights.
With help from Foundation attorneys, the employees – on behalf of dozens of other similarly-situated Alan Ritchey employees – filed the charges with the National Labor Relations Board regional office in Seattle.
Independent-Minded Employees Slap Teamster Bosses with Federal Labor Charges For Illegal Threats
Auburn, Washington (November 17, 2009) – Two Alan Ritchey Incorporated employees have hit local Teamster union officials with unfair labor practice charges after the union brass illegally threatened them with imminent termination.
Gayle May and Patricia Allen, employees of the transportation, storage, and mail delivery manufacturer and supplier, contacted the National Right to Work Foundation after they received a letter from Teamster Local 117 union officials giving them only days to exercise their legal rights to refrain from paying union dues spent for non-bargaining activities like political activism, lobbying, and member-only events, even though they had already exercised these rights.
With help from Foundation attorneys, the employees – on behalf of dozens of other similarly-situated Alan Ritchey employees – filed the charges with the National Labor Relations Board regional office in Seattle.
May and Allen held a clear and longstanding objection to formal, dues paying union membership exercising their rights under the Foundation-won Communication Workers of America v. Beck (1988) U.S. Supreme Court victory. In Beck, the Court held that union officials can lawfully compel nonmembers to pay some union dues as a job condition, but they cannot forcibly extract dues spent for union electioneering and other non-bargaining activities.
Over the years, May and Allen have filed several charges against Teamsters 117 over its campaign of retaliation and harassment against independent-minded employees who exercise their Beck rights.
In a new twist, Teamster Local 117 union bosses – citing a new contract between the union and the employer – bullied May and Allen with threats of fines and termination unless they “reiterate” their intentions to exercise their rights under Beck. Employees who exercise their right to refrain from full dues paying union membership are not required to “reiterate” or “renew” their status. Regardless, Local 117 officials sent the employees the letter giving them only a few days to do so (without detailing how) or they would be fired from their jobs.
"It is clear that Local 117 union bosses are employing a new form of illegal harassment aimed at purging independent-minded employees from the workplace," said Stefan Gleason, vice president of the National Right to Work Foundation. "Incidents like this reinforces why Washington needs to pass a state Right to Work law to protect independent-minded employees from shameful union boss threats and intimidation."
RI Union Boss Tries to «Break Through the Labor Movement’s Culture of Favoritism» by Accepting Kickbacks for Contracts
A recent story in the Providence Journal serves as a stark reminder of union bosses’ historical ties to the mafia and the propensity of union militants to mask their corruption and violence under pleasant-sounding goals like social justice.
U.S. District Court Judge William E. Smith gave Nicholas Manocchio, a former director of the Laborers’ New England Region Organizing Fund, three years’ probation for accepting cash, liquor, rental cars and gift certificates from an undercover FBI agent posing as a contractor seeking business in Rhode Island.
Before being sentenced, Manocchio told Smith that he was "ashamed and embarrassed and repentant." He had worked for social justice causes, he said, and had tried to break through the labor movement’s culture of favoritism. "I hope you don’t define me by that single act."
While Manocchio may have committed just a "single act" of corruption, union bosses across the country think they’re above the law. This Right to Work video report shows that union violence is all too real, and that often the victims are rank-and-file workers.
Compulsory unionism itself is to blame. With all the special privileges — including immunity from federal prosecution for union-related violence — union bigwigs have garnered through their political power, why wouldn’t they think they’re above the law?
Arizona Workers: Know Your Rights!
Yesterday, The National Right to Work Foundation announced an offer of free legal aid to workers forced to go on strike by UFCW union bosses in Arizona. Now it seems that employee discontent has forced the union hierarchy to back-off its strike threats and bargain with Safeway and Fry’s.
However, reports are that union officials has still not agreed to a new contract, so workers dissatisfied with union representation can:
1) Resign from union membership and revoke their union check-off forms to stop paying union dues. Here’s a link to a sample dues cancellation letter for Arizona UCFW members. If you want to stop paying union dues, all you have to do is fill in your personal information and send it to the address provided on the form. For more information on opting out of union dues if you’ve signed a check-off form and live in a Right to Work state, click here.
2) Independent-minded workers can also initiate a decertification petition to kick the union out of the workplace entirely. For more information on decertification petitions and elections, click here.
As always, Right to Work attorneys stand ready to help workers who are tired of putting up with union boss antics, threats of crippling strikes, and excessive union dues.
November/December Foundation Action Newsletter Available Now
The November/December 2009 issue of Foundation Action is now available for download as a PDF. This is the Foundation’s official bimonthly publication that provides an excellent overview of hard-hitting legal actions being taken by Foundation attorneys every day to combat forced unionism.
Stories covered in this issue include:
- Teachers Challenge NEA Union Forced Dues and Membership Policies
- Obama’s DOL in Foundation’s Legal Crosshairs
- Right to Work Loses Great Benefactor, Advisor, and Friend
- Nurse Pushes Back Against Union Boss Intimidation
- San Diego School District Tells Nonunion Workers to Get Lost
- The Wall Street Journal — Read the Union Health-Care Label
In addition to to reading Foundation Action online, you can sign up to receive a free subscription by mail here.
Charleston, WV Mayor: Police & Fire Monopoly Bargaining Would «Bankrupt» City
The Charleston Daily Mail recently outlined Mayor Danny Jones’ concerns about pending federal legislation, best known as the Police and Firefighters Monopoly Bargaining Bill, that would grease the rails for the forced unionization of every first responder in the country.
"It’s going to change things. The relationship (between the city and the police union) will become adversarial," Jones said.
"If you look around the states, the most unionized states are the ones that are the most broke."
Jones is not alone in his position. The National League of Cities and the National Association of Counties both have urged their members to oppose the legislation, with the cities’ group issuing a formal call to Congress asking for the act to be rejected.
"The Public Safety Employer-Employee Cooperation Act of 2009 (H.R. 413) would federalize what has historically been a state and local responsibility. With so many other pressing issues, there is no compelling reason for the federal government to intrude in this arena," the group’s letter states.
Mayor Jones isn’t the first mayor to stand up to the union bosses. In July, National Right to Work president Mark Mix wrote in the Washington Examiner about Miami’s Manny Diaz, the outgoing president of the U.S. Conference of Mayors, who was outraged when the Obama Administration refused to attend the conference’s meeting in Providence, RI — at the request of International Association of Firefighters (IAFF/AFL-CIO) union President Harold Schaitberger. Mix wrote:
As the national recession and exploding government deficits are forcing mayors across the country to make difficult decisions to keep their cities from going bankrupt, Schaitberger is leading a crusade to intimidate local and state elected officials. Specifically, he and his lieutenants are trying to deter local and state politicians from reforming the outrageous public-safety union pension systems that are driving cities like Providence into insolvency. The Obama White House is apparently eager to go along.
Not long before the mayors’ meeting, Schaitberger and the bosses of IAFF Local 799 in Providence announced that they would be setting up a picket line outside the conference. The White House then vowed that no one from the Obama administration would defy the union brass by attending. In a June 5 IAFF union press release, Schaitberger was quoted gloating about the Obama administration’s "unqualified support" for "organized labor."
If the Police and Firefighters Monopoly Bargaining Bill becomes law, cities’ budget woes will become even more severe, and union brass will attain even more political power to enact their own agenda at the expense of the taxpayers. For more background on the bill, read this report (PDF) by Stan Greer of the National Institute for Labor Relations Research.
Worker Advocate Offers Free Legal Aid to Employees Ordered Off the Job During Fry’s/Safeway Strike
Worker Advocate Offers Free Legal Aid to Employees Ordered Off the Job During Fry’s/Safeway Strike
National Right to Work Foundation releases legal notice to inform workers of their rights during likely upcoming UFCW-ordered strike
Phoenix and Tucson, Arizona (November 12, 2009) – America’s preeminent workers’ rights advocacy organization which helps victims of union coercion is offering free legal aid to workers whose rights are abused during the United Food & Commercial Workers (UFCW) union-ordered strike scheduled to begin tomorrow.
Union officials apparently intend to impose fines upon union members who wish to continue to go to their jobs in opposition to the union’s militant approach.
The National Right to Work Legal Defense Foundation has received numerous calls from Arizona Safeway Stores, Inc. and Kroger-owned Fry’s Food Stores employees who want to continue providing for themselves and their families during the UFCW union-ordered strike. The Foundation encourages workers to learn about their rights from independent sources and posted a special legal notice for workers on its website at https://www.nrtw.org.
"Not long ago, UFCW union bosses ordered an unpopular strike in Southern California, and for five months employees were out of work," said Stefan Gleason, vice president of the National Right to Work Foundation. "Now the union brass wants to replicate that situation in Arizona, and concerned workers are contacting the Foundation seeking help."
Worker Advocate Offers Free Legal Aid to Employees Ordered Off the Job During Fry’s/Safeway Strike
Phoenix and Tucson, Arizona (November 12, 2009) – America’s preeminent workers’ rights advocacy organization which helps victims of union coercion is offering free legal aid to workers whose rights are abused during the United Food & Commercial Workers (UFCW) union-ordered strike scheduled to begin tomorrow.
Union officials apparently intend to impose fines upon union members who wish to continue to go to their jobs in opposition to the union’s militant approach.
The National Right to Work Legal Defense Foundation has received numerous calls from Arizona Safeway Stores, Inc. and Kroger-owned Fry’s Food Stores employees who want to continue providing for themselves and their families during the UFCW union-ordered strike. The Foundation encourages workers to learn about their rights from independent sources and posted a special legal notice for workers on its website at https://www.nrtw.org.
"Not long ago, UFCW union bosses ordered an unpopular strike in Southern California, and for five months employees were out of work," said Stefan Gleason, vice president of the National Right to Work Foundation. "Now the union brass wants to replicate that situation in Arizona, and concerned workers are contacting the Foundation seeking help."
"The National Right to Work Foundation stands ready to defend the rights of employees who want to continue supporting themselves and their families, and those who are illegally threatened or coerced by UFCW union bosses for doing so," added Gleason.
Under Supreme Court precedent and under the protections guaranteed by Arizona’s popular Right to Work law:
- Workers have the right to resign from union membership.
- Workers have the right to go to work even if the union is on strike. If a worker chooses to work during a strike, they must first resign from union membership to avoid oppressive union disciplinary actions and fines.
- Workers have the right to revoke their dues check-off authorization and stop allowing union officials to collect money from their paycheck. Now that there is no longer a collective bargaining agreement in effect between UFCW union bosses and Safeway/Fry’s, employees can revoke their dues deduction authorizations at any time.
- Workers have the right to sign a decertification petition to hold a secret ballot election to remove the union hierarchy from the workplace.
The full notice can be found at www.nrtw.org/ufcwaz
