25 Mar 2014

Local Worker Files Charges against Union Officials, Employer after Being Forced to Pay Teamster Dues

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Wasilla, AK (March 25, 2014) – With the help of National Right to Work Foundation staff attorneys, a local First Student employee has filed federal unfair labor practice charges against her employer and the General Teamsters Local 959 union for demanding she join the Teamsters or lose her job and forcing her to pay full union dues.

Ruth Chester, an administrative aide with First Student, has never been a member of Local 959. Despite her decision to refrain from union membership, Teamster officials demanded she join the union and pay full dues.

Within the past six months, moreover, First Student has deducted full union dues from Chester’s paycheck and passed them on to Local 959.

Because Alaska lacks a Right to Work law, employees can be forced to pay union dues or fees as a condition of employment. However, workers have the right to refrain from formal union membership and opt out of paying union dues for activities unrelated to workplace bargaining, such as political activism and members-only events.

Unions are also required to provide nonunion employees with an independently-audited breakdown of their financial expenditures to help them determine what dues they are legally obligated to contribute. Teamster officials never provided Chester with any information on her financial obligations to the union.

Chester’s charges will now be investigated by the National Labor Relations Board, a federal agency responsible for administering private sector labor law.

“First Student and the Teamsters both have bad histories of ignoring workers’ rights,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “Foundation staff attorneys have represented other First Student employees in Alaska, Ohio, and Oregon whose rights were violated by union officials.”

“We hope these charges force First Student and the Teamsters to respect nonunion employees’ rights to refrain from union membership and the payment of full union dues,” continued Semmens. “However, this type of abuse will continue as long as Alaska lacks a Right to Work law, which would make union membership and dues payments strictly voluntary.”

24 Mar 2014

Four Additional Michigan Workers File State Charges Alleging Unions’ Right to Work Law Violations

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News Release

Four Additional Michigan Workers File State Charges Alleging Unions’ Right to Work Law Violations

Michigan union officials stonewall workers’ attempts to refrain from dues payments

Detroit, MI (March 21, 2014) – Four additional Michigan public employees from throughout the state have filed state charges against unions for violating their rights under Michigan’s Right to Work law.

With free legal assistance from National Right to Work Foundation staff attorneys, three public school employees, Lindsey Bentley of Muskegan, Alphia Snyder of Battle Creek, and Mary Derks of Whitehall, and Tina House, a Lapeer County employee, each filed state charges last week with the Michigan Employment Relations Commission (MERC) in Detroit.

Click here to read the full release.

24 Mar 2014

Four Additional Michigan Workers File State Charges Alleging Unions’ Right to Work Law Violations

Posted in News Releases

Detroit, MI (March 21, 2014) – Four additional Michigan public employees from throughout the state have filed state charges against unions for violating their rights under Michigan’s Right to Work law.

With free legal assistance from National Right to Work Foundation staff attorneys, three public school employees, Lindsey Bentley of Muskegan, Alphia Snyder of Battle Creek, and Mary Derks of Whitehall, and Tina House, a Lapeer County employee, each filed state charges last week with the Michigan Employment Relations Commission (MERC) in Detroit.

The three public school employees filed the charges against the Michigan Education Association (MEA) union because MEA union officials refuse to allow these workers to exercise their right under Michigan’s Right to Work law to refrain from union dues payments. Instead of complying with the workers’ requests to respect their rights under Michigan’s Right to Work law, MEA union officials told them that they would have to wait for a union-designated «window period» of August 1 through August 31 before they could resign union membership and refrain from union dues payments.

House was also denied her right to refrain from union dues payments after informing the Teamster Local 214 union that she was exercising her right under Michigan’s Right to Work law. Teamster Local 214 union officials told House that she would have to wait for a union-designated «window period» in July 2014 before she could revoke her dues deduction authorization and opt out of union dues.

Under Michigan’s Right to Work law, contracts entered into after the law went into effect must respect workers’ right to refrain from the payment of any union dues or fees. The workers point out in their charges that Michigan’s Right to Work law protects their unequivocal right to refrain from union membership at any time.

«Across the state, union officials are pulling out all the stops to keep workers from exercising their rights under Michigan’s Right to Work law,» said Mark Mix, President of the National Right to Work Foundation. «Foundation staff attorneys are assisting workers throughout the state whose rights under Michigan’s Right to Work law are being denied by unscrupulous union officials.»

In similar cases across Michigan, Foundation staff attorneys have already assisted five other public-sector workers who filed charges with the MERC and two private-sector workers who filed federal charges with the National Labor Relations Board (NLRB).

13 Mar 2014

Chattanooga Volkswagen Workers File Federal Suit to Block Further Company and UAW Collusion

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News Release

Chattanooga Volkswagen Workers File Federal Suit to Block Further Company and UAW Collusion

Workers rely on Foundation-won precedent establishing that union demands for organizing assistance can violate federal labor law

Washington, DC (March 13, 2014) – Employees at Volkswagen’s Chattanooga, Tennessee facility have filed a federal lawsuit seeking to block further collusion between the company and the United Auto Workers (UAW) union should the National Labor Relations Board (NLRB) order a new unionization election at VW’s Chattanooga plant.

With free legal assistance from National Right to Work Foundation staff attorneys, the workers filed the lawsuit in the U.S. District Court for the Eastern District of Tennessee.

After losing last month’s unionization election, UAW union officials filed objections with the NLRB seeking to overturn the election results. Five VW workers represented by Right to Work Foundation attorneys then successfully moved to intervene in the UAW’s challenge of the election results.

The new suit relies on Foundation-won precedent upheld by a federal appeals court that a Florida casino company’s assistance to union officials during a card check unionization campaign could constitute «thing[s] of value» under the Labor Management Relations Act (LMRA).

Click here to read the full release.

13 Mar 2014

Chattanooga Volkswagen Workers File Federal Suit to Block Further Company and UAW Collusion

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Washington, DC (March 13, 2014) – Employees at Volkswagen’s Chattanooga, Tennessee facility have filed a federal lawsuit seeking to block further collusion between the company and the United Auto Workers (UAW) union should the National Labor Relations Board (NLRB) order a new unionization election at VW’s Chattanooga plant.

With free legal assistance from National Right to Work Foundation staff attorneys, the workers filed the lawsuit in the U.S. District Court for the Eastern District of Tennessee.

After losing last month’s unionization election, UAW union officials filed objections with the NLRB seeking to overturn the election results. Five VW workers represented by Right to Work Foundation attorneys then successfully moved to intervene in the UAW’s challenge of the election results.

The new suit relies on Foundation-won precedent upheld by a federal appeals court that a Florida casino company’s assistance to union officials during a card check unionization campaign could constitute «thing[s] of value» under the Labor Management Relations Act (LMRA). Under the LMRA, employers are prohibited from handing over «any money or other thing of value» to union officials, a provision that is supposed to prevent them from selling out workers’ rights in exchange for corporate concessions.

Late last year, the U.S. Supreme Court heard oral arguments and then «dismissed as improvidently granted» a union appeal of a federal court ruling that these neutrality schemes could violate federal law, thus leaving the lower court’s ruling intact.

The suit contends that the neutrality arrangement between VW and UAW union organizers contain numerous such prohibited provisions, including mandatory pro-union meetings, use of company property by outside UAW organizers, and clauses preventing VW and its managers from opposing unionization, all of which were implemented in the lead up to the vote that UAW lost 712-626.

In exchange for that valuable organizing assistance, the UAW promised the company that, once workers were unionized, UAW officials would delegate many of the union’s duties to a German-style Works Council, limit bargaining demands to ensure company «cost advantages,» and not go on strike. Further, the UAW promised not to make negative comments about VW or to conduct organizing activity for one year if the union lost the election.

«UAW union officials and Volkswagen management have colluded to deprive these workers of a fair vote from the start,» said Mark Mix, President of the National Right to Work Foundation. «Enough is enough, which is why these workers are seeking to prevent further VW assistance to the UAW’s organizing efforts.»

10 Mar 2014

NLRB Agrees to Allow VW Workers to Intervene to Defend Union Election Results

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Springfield, VA (March 10, 2014) – The National Labor Relations Board (NLRB) has just granted a motion to intervene filed by five Volkswagen employees in the United Auto Worker union’s legal challenge to the outcome of the recent unionization election at VW’s Chattanooga plant. All five employees are receiving free legal assistance from the National Right to Work Foundation.

Patrick Semmens, Vice President of the National Right to Work Foundation, issued the following statement:

“We are very pleased that, despite attempts by Volkswagen and UAW officials to keep workers out of this process, the acting Regional Director has ruled that the workers are entitled to defend their vote to keep the UAW out of their workplace. The decision over whether or not to unionize is supposed to lie with the workers, which makes the attempt by VW and the UAW to shut them out of this process all the more shameful.”

Foundation staff attorneys earlier helped several VW workers file charges citing improprieties in the UAW’s unionization campaign in Chattanooga, including union attempts to get workers to sign union authorization cards through coercion and misrepresentation and the UAW’s use of cards signed too long ago to be legally valid. Some of those workers also filed a federal charge against Volkswagen after company officials made comments linking unionization to increased production at the Chattanooga facility.

5 Mar 2014

Worker Advocate Testifies before Congress on the Dangers of the NLRB’s Proposed Election Rules

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Washington, DC (March 5, 2014) – This morning, National Right to Work Foundation staff attorney William Messenger testified before the U.S. House Committee on Education and the Workforce on the dangers of the National Labor Relations Board’s (NLRB) proposed election rules.

The committee, which is chaired by Rep. John Kline (R-MN), held a hearing entitled “Culture of Union Favoritism: The Return of the NLRB’s Ambush Election Rule” on a series of election rule changes proposed by the NLRB that leave employees uninformed about potential downsides to unionization.

Messenger, a veteran Foundation staff attorney who has argued before the Supreme Court, contends that dramatically shortening the period before unionization elections will hurt workers’ ability to cast an informed vote.

“The short time frame under the proposed rules will make it extremely difficult, if not impossible, for individual employees opposed to unionization to organize against a union’s well-funded and professionally orchestrated campaign to win the monopoly bargaining privilege,” wrote Messenger in testimony submitted to the Committee prior to the hearing.

“The NLRB continues to try to rig the game in favor of aggressive union organizers,” said Mark Mix, President of the National Right to Work Foundation. “The National Right to Work Foundation, which represents thousands of employees nationwide, opposes these rule changes because they would prevent workers from making an informed decision about unionization.”

25 Feb 2014

Volkswagen Workers File Motion to Defend Against UAW Union Boss NLRB Election Objections

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News Release

Volkswagen Workers File Motion to Defend Against UAW Union Boss NLRB Election Objections

UAW union bosses lost secret-ballot unionization election, but Volkswagen appears unwilling to defend workers’ rejection of the UAW

Washington, DC (February 25, 2014) – Five Chattanooga, Tennessee Volkswagen workers have filed a motion to intervene after the United Auto Workers (UAW) union filed objections to an election in which workers at VW’s Chattanooga facility voted against unionization.

The five workers filed the motion to intervene with free legal assistance from National Right to Work Foundation staff attorneys.

Late last week, UAW union officials filed the objections with the National Labor Relations Board (NLRB) after Chattanooga VW workers voted against giving the UAW union hierarchy monopoly bargaining control over the plant via a rapid-fire unionization election.

Click here to read the full release.

25 Feb 2014

Volkswagen Workers File Motion to Defend Against UAW Union Boss NLRB Election Objections

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Washington, DC (February 25, 2014) – Five Chattanooga, Tennessee Volkswagen workers have filed a motion to intervene after the United Auto Workers (UAW) union filed objections to an election in which workers at VW’s Chattanooga facility voted against unionization.

The five workers filed the motion to intervene with free legal assistance from National Right to Work Foundation staff attorneys.

Late last week, UAW union officials filed the objections with the National Labor Relations Board (NLRB) after Chattanooga VW workers voted against giving the UAW union hierarchy monopoly bargaining control over the plant via a rapid-fire unionization election.

Foundation staff attorneys earlier helped several VW workers file charges citing improprieties in the UAW’s unionization campaign, including getting workers to sign union authorization cards by coercion and misrepresentation and using cards signed too long ago to be legally valid. Some of those workers also filed a federal charge against the company after German VW officials made comments linking unionization to more production for the facility.

Just days after the NLRB dismissed the workers’ charges, the NLRB approved a rapid-fire unionization election. On January 27, VW and the UAW struck a backroom «neutrality» deal that called for the election after just nine days, provided UAW union operatives with nearly unfettered access to the facility, paid workers to attend pro-UAW captive audience meetings, and required company management to «align» their public statements with union officials.

«Based on Volkswagen management’s actions leading up to this point, these workers are concerned that VW will not actively defend their vote to remain free from union boss control,» said Mark Mix, President of the National Right to Work Foundation. «That’s why these workers have filed a motion to intervene with the help of National Right to Work Foundation staff attorneys.»

Mix continued: «The NLRB should immediately grant the employees’ motion to intervene in the election certification process to ensure that one party to the process is fully invested in upholding the election results. Otherwise, UAW officials with the approval of VW and a pro-union NLRB will be able to continually throw out election results until they get the result they want.»

21 Feb 2014

Worker Advocate Reacts After UAW Officials File Objections to Overturn Chattanooga VW Workers’ Vote

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Washington, DC (February 21, 2014) – United Auto Workers (UAW) union officials have filed objections with the National Labor Relations Board (NLRB) to the results of a unionization election in which workers at Volkswagen America’s Chattanooga, Tennessee facility voted against giving the UAW union hierarchy monopoly bargaining control over the plant. Mark Mix, President of the National Right to Work Foundation, issued the following statement in response to the UAW’s objections:

«Chattanooga VW employees managed to stave off a coercive unionization campaign even though the UAW and VW officials colluded for over two years to stack the deck against the workers. The result of this election came after the NLRB further tilted the playing field in favor of UAW union officials by fast-tracking the unionization process. Despite all of this, UAW union officials still lost the vote.

«Now, UAW union officials are blaming everyone but themselves for swaying the vote against the union, while neglecting the fact that members of VW Germany management threatened workers to unionize or miss out on more work. Even President Obama weighed in with support for unionization. Obviously, the UAW’s complaints about ‘outside influences’ only apply to those that oppose the UAW.

«In the past, the NLRB has refused to uphold employer objections to unionization elections in which politicians acting at the behest of the UAW seemingly swayed the vote’s outcome in favor of the union. Foundation staff attorneys plan to exercise every legal option for workers who support the election’s result, because they are concerned that Volkswagen will not actively defend the employees’ vote.»