Washington, DC (June 26, 2014) – Today, the U.S. Supreme Court struck down President Barack Obama’s controversial purported «recess appointments» to the National Labor Relations Board (NLRB).

National Right to Work Foundation staff attorneys filed an amicus curiae brief in the case, Noel Canning v. NLRB. The brief was filed for the Foundation and Jeanette Geary, a worker who is receiving free legal assistance from Foundation staff attorneys in a case pending before the Board, which had been decided in part by the faux Board. Foundation staff attorneys had challenged the recess appointments in nearly a dozen other pending NLRB cases.

Mark Mix, President of the National Right to Work Foundation, issued the following statement in light of the Court’s decision:

«As National Right to Work Foundation attorneys have argued in several courts, the Obama NLRB ‘recess appointments’ clearly violated the U.S. Constitution.

«As a result, the Board lacked a quorum from as early as April 2011 to August 2013, and under a U.S. Supreme Court precedent established in New Process Steel, L. P. v. NLRB (2010), the Board’s biased and decidedly pro-Big Labor rulings since then are therefore invalidated. Over 1,500 NLRB decisions may be invalid as a result. This case underscores the constitutional chaos this President created by gaming the system for the benefit of union bosses.

«Today’s decision is a victory for independent-minded workers who have received unjust treatment at the hands of the then illegal pro-forced unionism NLRB.»

SEIU Officials Face Charge for Violating County Pharmacist’s Rights

Case shows desperate need for California Right to Work law to make union membership and dues strictly voluntary

San Jose, CA (June 18, 2014) – With free legal assistance from National Right to Work Foundation-provided staff attorneys, a Santa Clara Valley Medical Center pharmacist has filed a state charge against a local union for illegally refusing to honor her right to refrain from full dues-paying union membership.

Han Kwan Wong, a pharmacist from San Jose, filed the charge with the California Public Employment Relations Board (PERB) against Service Employees International Union (SEIU) Local 521 for illegally forcing her into full union dues payments against her will.

In December 2013, Wong attempted to hand deliver a letter to SEIU Local 521 notifying the union hierarchy that she was exercising her right to refrain from formal union membership. An SEIU official refused to accept Wong’s letter.

Wong then sent a certified letter to the union hierarchy. SEIU Local 521 union officials responded by acknowledging Wong’s resignation letter but still continue to extract full union dues from her paychecks – claiming the union membership resignation did not meet the union’s criteria.

Click here to read the full release.

San Jose, CA (June 18, 2014) – With free legal assistance from National Right to Work Foundation-provided staff attorneys, a Santa Clara Valley Medical Center pharmacist has filed a state charge against a local union for illegally refusing to honor her right to refrain from full dues-paying union membership.

Han Kwan Wong, a pharmacist from San Jose, filed the charge with the California Public Employment Relations Board (PERB) against Service Employees International Union (SEIU) Local 521 for illegally forcing her into full union dues payments against her will.

In December 2013, Wong attempted to hand deliver a letter to SEIU Local 521 notifying the union hierarchy that she was exercising her right to refrain from formal union membership. An SEIU official refused to accept Wong’s letter.

Wong then sent a certified letter to the union hierarchy. SEIU Local 521 union officials responded by acknowledging Wong’s resignation letter but still continue to extract full union dues from her paychecks – claiming the union membership resignation did not meet the union’s criteria.

Under California state law and federal case law, workers have the unconditional right to refrain from formal union membership. However, because California does not have Right to Work protections for workers, nonmember workers can be forced to pay a part of union dues and fees.

Wong’s charge seeks an acknowledgment from the union that she is no longer a union member, an independently-audited breakdown of union expenditures, a refund of illegally-seized forced union dues from her paychecks dating back to December, and the posting of notices in the workplace informing workers of their right to refrain from union membership.

«SEIU bosses are illegally forcing workers to jump through hoops to exercise their right to refrain from full dues-paying union membership,» said Mark Mix, president of the National Right to Work Foundation. «To prevent these types of forced unionism abuses in the future, California desperately needs to pass a Right to Work law making union affiliation and dues payments completely voluntary.»

Twenty-four states have Right to Work protections for workers. Recent public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

Bus Driver Union Fails to Block Workers’ Overwhelming Request for Election to Remove Union

102 of the 105 workers requested secret-ballot election to determine whether to remove the union from their workplace

Monroeville, PA (June 13, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, Gateway School District bus drivers have won the right to a secret-ballot vote to determine whether if they want to remove the union from their workplace.

The bus drivers will finally have a chance to vote on June 27, 2014, after driver Robert Williams and his coworkers petitioned the National Labor Relations Board (NLRB) for the secret-ballot election four times.

In July of last year, Student Transportation of America, Inc. took over bus services at the Gateway School District. Student Transportation of America then recognized Amalgamated Transit Union (ATU) Local 1729 union officials as the drivers’ monopoly bargaining representative after a majority of their workforce was hired from the previous, unionized student transportation contractor.

After eight months of failed negotiations, 102 of the roughly 105 bus drivers signed the fourth petition they filed with the NLRB asking for a secret-ballot election to determine whether or not to keep the union bosses as their exclusive representative.

Click here to read the full release.

Monroeville, PA (June 13, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, Gateway School District bus drivers have won the right to a secret-ballot vote to determine whether if they want to remove the union from their workplace.

The bus drivers will finally have a chance to vote on June 27, 2014, after driver Robert Williams and his coworkers petitioned the National Labor Relations Board (NLRB) for the secret-ballot election four times.

In July of last year, Student Transportation of America, Inc. took over bus services at the Gateway School District. Student Transportation of America then recognized Amalgamated Transit Union (ATU) Local 1729 union officials as the drivers’ monopoly bargaining representative after a majority of their workforce was hired from the previous, unionized student transportation contractor.

After eight months of failed negotiations, 102 of the roughly 105 bus drivers signed the fourth petition they filed with the NLRB asking for a secret-ballot election to determine whether or not to keep the union bosses as their exclusive representative. ATU union officials moved to block the workers’ petition, arguing that not enough time had passed for the workers to request an election. On May 8, an evidentiary hearing was held in Pittsburgh, at which Williams was represented by Foundation attorneys.

Late last week, the NLRB Regional Director ruled in favor of the workers’ request for the election, which has been scheduled for June 27.

«Transit Union bosses repeatedly blocked these bus drivers’ attempts for a secret-ballot election to determine their union representation, even though nearly every single one of them expressed their desire for one,» said Mark Mix, president of the National Right to Work Foundation. «This case underscores the need for Pennsylvania to become a Right to Work state making union affiliation and dues payments completely voluntary.»

Twenty-four states have Right to Work protections for workers. Recent public polling shows that nearly 80 percent of Americans support the Right to Work principle of voluntary unionism.

Kenosha, WI (June 9, 2014) – A lawsuit filed by current and former Kenosha public school teachers has prompted the Kenosha Unified School District and School Board to declare their collective bargaining agreements with several unions null and void. The recently agreed-upon settlement also requires the District and Board to refrain from forcing nonunion teachers and other staff to pay union dues or fees as a condition of employment.

The lawsuit was filed for one current and one former teacher with free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law and Liberty. The lawsuit challenged several bargaining agreements between the District and the Kenosha Education Association union, the SEIU Local 168 union, and the AFSCME Local 2383 union. Those agreements required teachers and other District staff to pay union dues or fees to keep their jobs.

Under Wisconsin’s 2011 Act 10 labor reforms, most public sector employees cannot be forced to join or pay dues to a union as a condition of employment or accept unwanted union representation for matters other than base wages. In November 2013, however, the Kenosha School Board approved bargaining agreements with the unions covering numerous subjects Act 10 prohibits, including a provision that allowed union officials to collect dues from all District employees, including nonmembers.

On November 21, 2013, the teachers filed a lawsuit challenging those bargaining agreements in Kenosha Circuit Court with the help of Foundation and WILL attorneys.

“We’re happy to report that a settlement has been reached with the District and Board that requires them to respect the rights of teachers who wish to refrain from joining or financially supporting a union,” said Patrick Semmens, Vice President of the Foundation. “This agreement reaffirms the principle that no public school employee should be forced to pay union dues to get or keep a job.”

“Unfortunately, Wisconsin private sector and public safety employees still do not enjoy the same workplace rights as those covered by Act 10,” continued Semmens. “Wisconsin should build on the success of Act 10 by passing a full Right to Work law, which would ensure that no employee can be forced to pay union dues to get or keep a job.”

Local Union Hit with Federal Charges for Blacklisting Construction Worker

Union officials discriminatorily obstruct worker from getting work based on lack of union membership

Evansville, IN (June 5, 2014) – An Industrial Contractors Skanska construction worker has filed federal charges against a local union and his employer for discriminating against him based on his lack of union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Michael Feist, a 15-year construction worker, filed the federal charges late last week with the National Labor Relations Board (NLRB).

In early April 2014, Feist was expelled from the Laborers’ International Union of North America (LIUNA) Local 561 after Feist challenged the amount of dues going toward a union fund. Since then, LIUNA Local 561 union officials have refused Feist’s attempts to remain current on his union dues payments.

LIUNA Local 561 union bosses instructed Skanska in April to exclude him from further work opportunities.

Click here to read the full release.

Evansville, IN (June 5, 2014) – An Industrial Contractors Skanska construction worker has filed federal charges against a local union and his employer for discriminating against him based on his lack of union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Michael Feist, a 15-year construction worker, filed the federal charges late last week with the National Labor Relations Board (NLRB).

In early April 2014, Feist was expelled from the Laborers’ International Union of North America (LIUNA) Local 561 after Feist challenged the amount of dues going toward a union fund. Since then, LIUNA Local 561 union officials have refused Feist’s attempts to remain current on his union dues payments.

LIUNA Local 561 union bosses instructed Skanska in April to exclude him from further work opportunities. Skanska management has complied with the union’s illegal request and Fiest has been denied work since. Under federal law, workers cannot be discriminated against based on their lack of union membership.

«It is unconscionable that LIUNA bosses are actively obstructing a worker from obtaining work and providing for his family,» stated Mark Mix, President of the National Right to Work Foundation. «If LIUNA bosses have a problem with treating workers fairly, then they should not claim exclusive representation over those workers.»

Michigan Civil Servant Files Motion to Defend Michigan’s Public-Sector Right to Work Law at Supreme Court

Union officials fight law that prevents them from forcing workers to pay union dues

Lansing, MI (June 5, 2014) – A Michigan civil servant has filed a motion to file a brief at the state’s Supreme Court defending Michigan’s recently-enacted public-sector Right to Work law and arguing that it applies to the state’s civil servants.

Michigan Department of Natural Resources Inventory and Planning Specialist Thomas Haxby, of Kingsley, filed the motion with free legal assistance from National Right to Work Foundation staff attorneys.

The case, brought by several union hierarchies, is a challenge to Michigan’s Right to Work law and whether is applies to the state’s civil servants.

Click here to read the full release.

Lansing, MI (June 5, 2014) – A Michigan civil servant has filed a motion to file a brief at the state’s Supreme Court defending Michigan’s recently-enacted public-sector Right to Work law and arguing that it applies to the state’s civil servants.

Michigan Department of Natural Resources Inventory and Planning Specialist Thomas Haxby, of Kingsley, filed the motion with free legal assistance from National Right to Work Foundation staff attorneys.

The case, brought by several union hierarchies, is a challenge to Michigan’s Right to Work law and whether is applies to the state’s civil servants.

After Michigan’s Right to Work law went into effect, Haxby resigned his membership in the Service Employees International Union (SEIU) Local 517M, one of the unions that filed the suit, and refrained from union dues payments. Haxby intends to file a brief that argues that Michigan’s recently-enacted public-sector Right to Work law applies to the state’s civil servants, just as the state’s Political Freedom Act does, and that the Civil Service Commission lacks the authority to force civil servants into forced union dues payments.

«After suffering electoral and legislative defeats, Michigan union bosses are trying to use the courts to do their bidding,» said Mark Mix, President of the National Right to Work Foundation. «Michigan’s civil servants have the same rights all Michigan workers enjoy.»

Foundation staff attorneys are currently representing 17 employees defending or enforcing Michigan’s Right to Work laws in cases before the Michigan Employee Relations Commission and federal court.