Grocery Union Faces Federal Charges for Violating Teenage Ralphs Grocery Clerk’s Workplace Rights

Union officials threaten teenage worker with job termination

Oceanside, CA (September 5, 2013) – A local grocery union is facing federal charges for violating a teenage part-time Ralphs Grocery clerk’s workplace rights.

With free legal assistance from National Right to Work Foundation staff attorneys, the Ralphs clerk filed an unfair labor practice charge with the National Labor Relations Board (NLRB) against the United Food & Commercial Workers (UFCW) Local 135 union late last month.

UFCW Local 135 union officials provided the clerk in July with a membership packet that illegally stated that the clerk and other new hires must join the union and pay full union dues as a condition of their employment while burying notice of his actual legal rights. Information about workers’ right to refrain from full dues paying union membership was located at the back of the packet in fine print.

The clerk eventually learned about his right to refrain from full dues paying union membership and made multiple inquiries about resigning his union membership and paying reduced dues with UFCW Local 135 brass. The clerk’s multiple requests were denied, stonewalled, or ignored.

Click here to read the full release.

Oceanside, CA (September 5, 2013) – A local grocery union is facing federal charges for violating a teenage part-time Ralphs Grocery clerk’s workplace rights.

With free legal assistance from National Right to Work Foundation staff attorneys, the Ralphs clerk filed an unfair labor practice charge with the National Labor Relations Board (NLRB) against the United Food & Commercial Workers (UFCW) Local 135 union late last month.

UFCW Local 135 union officials provided the clerk in July with a membership packet that illegally stated that the clerk and other new hires must join the union and pay full union dues as a condition of their employment while burying notice of his actual legal rights. Information about workers’ right to refrain from full dues paying union membership was located at the back of the packet in fine print.

The clerk eventually learned about his right to refrain from full dues paying union membership and made multiple inquiries about resigning his union membership and paying reduced dues with UFCW Local 135 brass. The clerk’s multiple requests were denied, stonewalled, or ignored.

In mid-August, the union hierarchy again demanded the clerk join the union and pay full dues and initiation fees or get fired. Union officials sent a third letter a week later demanding the teenage clerk appear at the union hall if he wished to refrain from union membership. They also demanded his social security number in order to exercise his right to not join the union.

Because California does not have Right to Work protections making union affiliation completely voluntary, nonmember workers can be forced to pay part of union dues to keep their jobs. However, workers who refrain from union membership can refrain from paying dues used for union politics and members-only events.

UFCW union brass also failed to follow federal disclosure requirements that allow workers to know what amounts they can be forced to pay as a condition of their employment, and explain the union’s financial calculations.

«UFCW union officials are blatantly violating federal law to keep their forced dues gravy train going,» said Mark Mix, President of the National Right to Work Foundation. «This case underscores the need for California to pass a Right to Work law making union affiliation and dues payments completely voluntary.»

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

Labor Day Statement: Union Officials Seeking to Reshape Labor Law «Have a Powerful Friend in Obama»

Big Labor turns to Obama White House for administrative bailout

Washington, DC (August 30, 2013) – Mark Mix, President of the National Right to Work Legal Defense Foundation and National Right to Work Committee, released the following statement regarding this year’s Labor Day holiday:

«This Labor Day, many workers will enjoy a well-deserved long weekend. But as we celebrate with friends and family, Big Labor-backed bureaucrats are on the verge of reshaping American labor law.

«Throughout the United States, millions of American workers are already compelled to pay dues or fees to union officials as a condition of getting or keeping a job. And millions more workers are required by law to accept a union’s so-called ‘representation,’ even if they would rather negotiate with their employer on their own merits.

«Not satisfied with these powers, union officials spent a record $1.7 billion on politics and lobbying last cycle seeking to expand their reach over American workers. After Big Labor suffered many legislative defeats thanks in part to the efforts of the National Right to Work Committee’s 2.8 million members, it is now turning to the National Labor Relations Board (NLRB), the Department of Labor, and other executive branch entities to expand their forced unionism privileges.

Click here to read the full release.

Download a MP3 file of the statement here.

Washington, DC (August 30, 2013) – Mark Mix, President of the National Right to Work Legal Defense Foundation and National Right to Work Committee, released the following statement regarding this year’s Labor Day holiday:

«This Labor Day, many workers will enjoy a well-deserved long weekend. But as we celebrate with friends and family, Big Labor-backed bureaucrats are on the verge of reshaping American labor law.

«Throughout the United States, millions of American workers are already compelled to pay dues or fees to union officials as a condition of getting or keeping a job. And millions more workers are required by law to accept a union’s so-called ‘representation,’ even if they would rather negotiate with their employer on their own merits.

«Not satisfied with these powers, union officials spent a record $1.7 billion on politics and lobbying last cycle seeking to expand their reach over American workers. After Big Labor suffered many legislative defeats thanks in part to the efforts of the National Right to Work Committee’s 2.8 million members, it is now turning to the National Labor Relations Board (NLRB), the Department of Labor, and other executive branch entities to expand their forced unionism privileges.

«As a result, the NLRB in particular has had a tumultuous recent run: prosecuting American companies like Boeing for expanding production in Right to Work states, rolling back workers’ rights to refrain from paying for union political activities, and of course, the brazen actions of Obama’s ‘recess appointed’ members to continue empowering union officials hungry for more dues revenue despite several court orders.

«While union officials have a powerful friend in the Obama Administration, the National Right to Work Legal Defense Foundation will continue to fight back against bureaucratic union boss power grabs and the resulting injustices they incur upon American workers.»

Download a MP3 file of the statement here.

As previously reported on the Freedom@Work blog, four Maryland IKEA workers, with free legal assistance from National Right to Work Foundation staff attorneys, won a class-wide settlement with their employer and the International Association of Machinists (IAM) union.

The settlement allowed the four workers and all of their coworkers to retroactively resign from the union and receive refunds for any union dues spent on political activism since September 1, 2012. The settlement came after the workers filed unfair labor practice charges in January and February of this year, because union officials failed to inform them and their coworkers of their rights to refrain from union membership and payment of full union dues. Many workers were threatened with termination by union officials for refusing to join the IAM or pay full dues.

Now, one of the workers has filed a new charge against the union because the union hierarchy has been harassing and threatening the workers for passing out fliers on their own time to their coworkers informing them of their rights under the settlement. Perhaps this should come to no surprise, as union officials often purposely keep workers in the dark about their rights in order to force them to pay more union dues and fees.

For example, in the IKEA workers’ case, when one worker asked about his right to refrain from financially supporting the IAM’s political activities, he was told by union officials that he had no such rights. And what little material union officials provided to IKEA employees about their rights was deliberately obscured, even to the point that union officials printed information on employees’ right to refrain from full dues-paying membership on the back of a pink piece of paper in tan ink, making it virtually invisible to read.

Unfortunately, this type of abuse will continue in Maryland until it passes a Right to Work law. Making union membership and dues payments completely voluntary makes it less difficult for rank-and-file workers to hold union officials accountable.

Government Union Bosses Face Federal Suit for Illegal Forced Dues Scheme

Right to Work Foundation attorneys challenge union hierarchy for violating civil servant’s constitutional rights

Santa Barbara, CA (August 21, 2013) – A retired Santa Barbara County employee has filed a federal lawsuit against the county and a local Service Employees International Union (SEIU) affiliate for violating her constitutional rights and refusing to follow federal disclosure requirements.

Rosemary Banko filed the suit in the U.S. District Court for the Central District of California located in Los Angles with free legal assistance from National Right to Work Foundation staff attorneys.

Before Banko retired in July, the county collected full union dues from her paychecks even though she was not a member of the SEIU Local 620.

Click here to read the full release.

Santa Barbara, CA (August 21, 2013) – A retired Santa Barbara County employee has filed a federal lawsuit against the county and a local Service Employees International Union (SEIU) affiliate for violating her constitutional rights and refusing to follow federal disclosure requirements.

Rosemary Banko filed the suit in the U.S. District Court for the Central District of California located in Los Angles with free legal assistance from National Right to Work Foundation staff attorneys.

Before Banko retired in July, the county collected full union dues from her paychecks even though she was not a member of the SEIU Local 620.

The U.S. Supreme Court has long held that workers have the unconditional right to refrain from union membership at any time. However, because California does not have a Right to Work law, union officials can compel nonmember workers into paying union dues and fees as a condition of employment. The Supreme Court ruled in the Foundation’s Chicago Teachers Union v. Hudson case that union officials must provide nonmember public workers with an independently-audited breakdown of all forced-dues union expenditures and the opportunity to object and challenge the amount of forced union fees before an impartial decision maker.

This minimal safeguard is designed to ensure that workers have an opportunity to refrain from paying for union political activities and member-only events.

Banko’s suit alleges that the county deducted full union dues from her paychecks at SEIU Local 620 union officials’ behest even though the union hierarchy refused to follow the federal disclosure requirements outlined by the U.S. Supreme Court in Hudson.

Banko is asking the court to order a refund of all illegally-seized union dues and fees from her paychecks, plus interest.

«To keep their forced-dues gravy train going, SEIU union officials are keeping Santa Barbara workers in the dark about their rights,» said Mark Mix, President of the National Right to Work Foundation. «This case underscores why California needs a Right to Work law making union affiliation and dues payments completely voluntary.»

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

Michigan Appeals Court Upholds Right to Work Law: «A Win for Worker Freedom»

Roughly 33,000 Michigan state employees will soon have free choice regarding union membership and dues payment

Lansing, MI (August 16, 2013) – Yesterday, the Michigan Court of Appeals upheld the state’s recently-enacted Right to Work law as constitutional and ruled that it will apply to the state’s roughly 33,000 state civil service workers.

Mark Mix, President of National Right to Work, issue the following statement in the wake of the ruling:

«Michigan’s new Right to Work law is a win for worker freedom, and the constitutionality of state Right to Work laws has long been a settled question.

«Regardless, Michigan government union bosses wasted taxpayer dollars and workers’ dues money tilting at windmills in hopes of rolling back any check on their forced dues powers.

«We’re happy the court rejected their frivolous arguments and ensured that tens of thousands of Michigan’s civil servants will continue to have the choice to labor free from union coercion.»

Click here to read the full release.

Lansing, MI (August 16, 2013) – Yesterday, the Michigan Court of Appeals upheld the state’s recently-enacted Right to Work law as constitutional and ruled that it will apply to the state’s roughly 33,000 state civil service workers.

Mark Mix, President of National Right to Work, issue the following statement in the wake of the ruling:

«Michigan’s new Right to Work law is a win for worker freedom, and the constitutionality of state Right to Work laws has long been a settled question.

«Regardless, Michigan government union bosses wasted taxpayer dollars and workers’ dues money tilting at windmills in hopes of rolling back any check on their forced dues powers.

«We’re happy the court rejected their frivolous arguments and ensured that tens of thousands of Michigan’s civil servants will continue to have the choice to labor free from union coercion.»

Michigan’s Right to Work laws will apply to state civil service workers beginning January 1, 2014, when the state contracts covering those employees entered into before the Right to Work law was enacted will have expired.

Michigan is the nation’s 24th Right to Work state. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.