Hartford, Connecticut (May 19, 2009) – National Right to Work Foundation attorneys have successfully negotiated a settlement with the Communication Workers of America (CWA) Local 1103 union for Patricia Pelletier, a worker who was targeted by CWA operatives for a vicious campaign of retaliation after she attempted to remove the union from her workplace.

Connecticut’s lack of a Right to Work law compelled Pelletier, a Hartford-based employee of the Connecticut Student Loan Foundation, to pay union dues as a condition of employment. Dissatisfied with the union’s presence in her workplace, Pelletier exercised her legal right to circulate a decertification petition to eject the union. Her co-workers ultimately voted to remove the unpopular union, but CWA operatives responded by allegedly forging Pelletier’s signature on numerous magazine subscriptions and consumer product solicitations.

In her lawsuit, Pelletier also alleged that union officials planted cocaine in her office in an effort to have her fired.

Pelletier’s home was then flooded with hundreds of unwanted magazines and advertisements. Not only was Pelletier forced to spend several hours each day canceling individual subscriptions, she was also billed for thousands of dollars by unwitting magazine companies, jeopardizing her credit rating. Even after her lawsuit was filed, Pelletier still received excess mail from a variety of journals and magazines, and her name continued to be circulated through advertiser mailing lists across the country.

The 31-count suit brought by Foundation attorneys for Pelletier against CWA Local 1103 and four union officials alleged that CWA operatives committed identity theft, conspired to forge Pelletier’s signature, inflicted undue emotional distress on Pelletier and her family, and violated Connecticut’s Unfair Trade Practice Act by unlawfully retaliating against Pelletier for attempting to remove the union.

Although Foundation attorneys achieved a settlement that satisfies Pelletier, the terms of the settlement are confidential.

“We’re happy to report that after enduring a trying ordeal, Patricia Pelletier is finally getting a satisfactory resolution,” said Stefan Gleason, vice president of the National Right to Work Foundation. “No worker should be subjected to vicious union retaliation for exercising their rights in the workplace.”

Los Angeles, California (May 13, 2009) – With free legal assistance from the National Right to Work Foundation, a Venice-based employee of Hesher Productions, LLC has filed unfair labor practice charges against the company and the International Association of Theatrical Stage Employees (IATSE) Local 884 union for her illegal termination.

Mandy Diassellis was formerly employed as a studio teacher by Hesher Productions in Santa Monica. Thinking she had an obligation to do so, she tried to join IATSE Local 884, but she was refused membership and subsequently fired for not joining the union. The charges will now be investigated by the National Labor Relations Board.

Because California does not have a Right to Work law making union membership and dues payment voluntary, workers are routinely forced to pay union dues or lose their jobs. However, federal labor statutes do not impose a forced dues requirement until workers have been employed in the same bargaining unit for at least 30 days. Further, under federal law, when an employee is barred from union membership for a reason unrelated to nonpayment of dues, the union loses its special legal privilege to compel any dues payment whatsoever.

Diassellis was not a member of IATSE Local 884 and had not been employed by Hesher Productions for more than 30 days, and therefore could not yet be legally forced to pay union dues or join the union. However, Diassellis did attempt to join the union, not understanding that formal membership was not required by law, but was then rebuffed by IATSE union officials anyway. After rejecting her attempt to join the union, union officials ordered her employer to fire her for not having joined the union or paid dues.

The charges filed by Foundation attorneys seek the immediate reinstatement of Diassellis to her job, as well as payment of back pay owed her since the day she was fired.

“For whatever reasons, union bosses wanted Mandy Diassellis fired, and they flagrantly broke the law in doing so,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Union bosses in the entertainment industry have routinely ignored federal labor laws in an effort to maintain monopoly control of who is hired and who is fired. We intend to challenge and stop this flagrant violation of employee rights.”

Taxi Drivers Force Union to End Illegal Union-Dues Scheme

Union bosses illegally refused to allow drivers out of union membership, despite Nevada’s popular Right to Work law

Las Vegas, Nevada (May 13, 2009) — With free legal aid from the National Right to Work Legal Defense Foundation, a cab driver working for the largest taxi business in Las Vegas forced a local union’s bosses to back down after they refused to allow him and his coworkers to exercise their right to refrain from formal, dues-paying union membership.

Late last year, Fred Haeberle and some of his colleagues at the Nevada Yellow, Checker and Star Cab Corporations attempted to resign from formal, dues-paying union membership with the Industrial, Technical, and Professional Employees (ITPE) union – a local union of the Office and Professional Employees International Union (OPEIU), an AFL-CIO affiliate.

ITPE union bosses maliciously refused Haeberle’s request – saying he had “no standing” to assert his rights. Haeberle then turned to the National Right to Work Foundation for free legal aid.

(Continue reading this news release…)

Las Vegas, Nevada (May 13, 2009) – With free legal aid from the National Right to Work Legal Defense Foundation, a cab driver working for the largest taxi business in Las Vegas forced a local union’s bosses to back down after they refused to allow him and his coworkers to exercise their right to refrain from formal, dues-paying union membership.

Late last year, Fred Haeberle and some of his colleagues at the Nevada Yellow, Checker and Star Cab Corporations attempted to resign from formal, dues-paying union membership with the Industrial, Technical, and Professional Employees (ITPE) union – a local union of the Office and Professional Employees International Union (OPEIU), an AFL-CIO affiliate.

ITPE union bosses maliciously refused Haeberle’s request – saying he had “no standing” to assert his rights. Haeberle then turned to the National Right to Work Foundation for free legal aid.

In the Foundation-assisted Pattern Makers v. National Labor Relations Board (NLRB) United States Supreme Court case, the Court held that employees have the right to resign from union membership at any time. And Nevada’s Right to Work law prohibits union officials from compelling employees to join or pay dues to a union.

After Foundation attorneys filed a federal charge with the NLRB for Haeberle (and others similarly situated), the ITPE union acknowledged that Haeberle’s request indeed had standing, but still wrongly claimed that he had to wait until a designated “window period” of time in order to resign from union membership.

Only when the NLRB Regional Office seemed poised to prosecute the violations did ITPE union officials back away from this illegal “window period” policy. The threat of prosecution forced ITPE union officials to admit Haeberle’s original union membership resignation letter was indeed effective, and they agreed to settle. ITPE union bosses must also now post a notice stating that they will no longer deny workers of their right to refrain from union membership or use “window periods” to prevent workers from exercising their right to resign from formal union membership.

“Union bosses are interested in one thing, and one thing only: money,” said Stefan Gleason, vice president of National Right to Work. “Workers should not have to get an attorney, nor face ugly union intimidation and stonewalling tactics, when they try to exercise their legal rights under Nevada’s popular Right to Work law.”

Houston, Texas (May 12, 2009) – With free legal assistance from the National Right to Work Foundation, nurses at the Cypress Fairbanks Medical Center have filed a decertification petition with the National Labor Relations Board (NLRB) to remove an unwanted union from their workplace.

The nurses’ decertification petition comes on the heels of the California Nurses Association (CNA) union’s decision to withdraw its controversial petitions for unionization at the Park Plaza and Houston Northwest medical centers. Hospital employees became increasingly disillusioned with union officials after many nurses raised concerns about conflict in the workplace and the quality of patient care.

The California Nurses Association union originally obtained its monopoly bargaining privileges at Cypress Fairbanks through a once-secret deal with Tenet Healthcare Corporation. Company officials agreed to provide union organizers with assistance as part of an “Election Procedures Agreement,” allowing CNA operatives to unionize the facility with relative ease.

The CNA-Tenet “Election Procedure Agreements” used in Houston and elsewhere typically included several provisions designed to quash anti-union dissent. Tenet managers were forbidden from answering hospital employees’ questions about unionization, and employees who opposed a union presence were prevented from using company facilities to express their views. CNA organizers, on the other hand, were given wide-ranging access to company grounds to facilitate unionization, as well as a list of employees’ home addresses.

The agreements between Tenet and the CNA also subverted the NLRB’s oversight role for workplace elections. Under the union’s scheme, the NLRB would merely count ballots and rubber stamp the union’s monopoly bargaining privileges instead of supervising the entire process.

After enduring a coercive CNA organizing campaign, nurses at Cypress Fairbanks filed an employee decertification petition to eject the union from their workplace. Once the NLRB confirms that the petition includes signatures from at least 30 percent of Cypress Fairbanks employees, federal administrators will supervise a secret-ballot election to determine whether the union hierarchy will retain its monopoly bargaining privileges.

“CNA operatives forced their union on these health care professionals using legally questionable tactics,” said Stefan Gleason, vice president of the National Right to Work Foundation. “We’re happy to report that these nurses will finally have their chance to send the CNA union bosses back to California.”