Local Unions Attempt to Circumvent Indiana’s Right to Work Law

Union officials game system to collect union dues and fees despite Indiana’s popular Right to Work law

Indianapolis, IN (June 14, 2013) – In separate cases, two Indianapolis-area workers have filed charges against two local unions for violating their rights to refrain from union dues payments.

With free legal assistance from National Right to Work Foundation staff attorneys, the two workers filed federal unfair labor practice charges with the National Labor Relations Board (NLRB).

In one case, Indianapolis AT&T (NYSE: T) worker Joshua Sterrett resigned membership in the Communications Workers of America (CWA) Local 4900 union on January 21, 2013. Even though CWA Local 4900 union officials acknowledged Sterrett’s union membership resignation on January 30, Sterrett alleges that union officials failed to tell him how he could timely revoke his dues deductions. As a result, he is forced to pay union fees for an additional year.

Click here to read the full release.

Indianapolis, IN (June 14, 2013) – In separate cases, two Indianapolis-area workers have filed charges against two local unions for violating their rights to refrain from union dues payments.

With free legal assistance from National Right to Work Foundation staff attorneys, the two workers filed federal unfair labor practice charges with the National Labor Relations Board (NLRB).

In one case, Indianapolis AT&T (NYSE: T) worker Joshua Sterrett resigned membership in the Communications Workers of America (CWA) Local 4900 union on January 21, 2013. Even though CWA Local 4900 union officials acknowledged Sterrett’s union membership resignation on January 30, Sterrett alleges that union officials failed to tell him how he could timely revoke his dues deductions. As a result, he is forced to pay union fees for an additional year.

In the second case, Indianapolis Kroger (NYSE: KR) worker Julie Huffman resigned membership in the United Food and Commercial Worker (UFCW) Local 700 union in May 2012, when the union did not have a forced dues contract in effect. Although union officials recognized Huffman’s union membership resignation, they informed her that she could not stop deduction of union dues for almost another year.

This year, Huffman attempted to follow the union hierarchy’s instructions on how to stop union dues payments. However, this time the union hierarchy denied her request because it was submitted two days late. UFCW Local 700 union officials continue to collect full union dues from Huffman’s paychecks.

Huffman’s charge alleges that the UFCW union’s restrictions of dues deduction revocations to a 5-day period by certified mail are unreasonable and arbitrary and violate federal law.

«Despite Indiana’s popular new Right to Work law, union officials are illegally extracting union dues and fees from workers by any means possible,» said Patrick Semmens, Vice President of the National Right to Work Foundation. «These illegal actions must stop.”»

Salinas, CA (June 14, 2013) – After a prolonged legal battle, the California Agricultural Labor Relations Board (ALRB) has determined that a unionization election at Corralitos Farms, Inc. rejecting the United Farm Workers (UFW) union was lawfully conducted. The election was originally held on September 26, 2012, but was subsequently challenged by UFW lawyers after a majority of workers voted against unionization.

National Right to Work Foundation staff attorneys represented employees who opposed the union’s presence and were called to testify at the initial ALRB hearing on the election.

When the ballots were counted last September, a clear majority of employees voted against unionization. UFW operatives refused to accept the results and instead moved to overturn the election by filing charges against Corralitos Farms, alleging that company officials unlawfully influenced the outcome.

UFW lawyers made numerous allegations against the company. However, none were found to have merit by an Administrative Law Judge or the ALRB. In fact, workers represented by the National Right to Work Foundation testified that it was union operatives, not company officials, who attempted to intimidate them.

Despite the UFW’s claims, an Administrative Law Judge upheld the election results on March 1, 2013. After reviewing the case and the UFW’s objections to that ruling, the ALRB also upheld the election results.

“We’re happy to report that the California ALRB has upheld the wishes of the Corralitos Farms employees who decisively voted against unionization last year.” said Patrick Semmens, Vice President of the National Right to Work Foundation. “Employees who vote against a union shouldn’t be ignored because of trumped-up charges filed by union bosses attempting to reverse the outcome of an election they clearly lost.”

Worker Files Federal Charge After Vehicle Firebombed During Union-Instigated Strike

Worker charges union militants threatened non-striking workers and their families; police documents show two vehicles damaged

Chicago, IL (June 6, 2013) – A Chicago-area South Water Market, Inc. worker has filed a federal charge against a Chicago Teamster union local alleging that union militants threatened him, his family and his property, and that his personal property was damaged shortly after he received those threats.

The worker filed the charge with the National Labor Relations Board (NLRB) regional office in Chicago with free legal assistance from National Right to Work Foundation staff attorneys.

The Teamsters Local 703 union has been on strike at South Water Market. However, some of the workers are not union members and refuse to abandon their jobs. Under federal law, workers who are not union members cannot be disciplined for continuing to work during a strike.

According to the charge, union agents harassed and threatened nonmember workers who continue working to support their families. In the charge, the worker alleges that his personal property was damaged soon after the threats.

Click here to read the full release.

Chicago, IL (June 6, 2013) – A Chicago-area South Water Market, Inc. worker has filed a federal charge against a Chicago Teamster union local alleging that union militants threatened him, his family and his property, and that his personal property was damaged shortly after he received those threats.

The worker filed the charge with the National Labor Relations Board (NLRB) regional office in Chicago with free legal assistance from National Right to Work Foundation staff attorneys.

The Teamsters Local 703 union has been on strike at South Water Market. However, some of the workers are not union members and refuse to abandon their jobs. Under federal law, workers who are not union members cannot be disciplined for continuing to work during a strike.

According to the charge, union agents harassed and threatened nonmember workers who continue working to support their families. In the charge, the worker alleges that his personal property was damaged soon after the threats.

Two Chicago Police Department «Victim of Information Notices» reflect reports of property damage, one incident «by fire.»

A video posted on Youtube.com purports to show security camera footage of a South Water Market work truck on fire while someone on the sidewalk watches. The video also shows a fire truck responding to the scene and the purported damage to the truck after the fire was extinguished. Moreover, the video shows striking Teamster union militants asking each other «are we gonna kill ‘em or what?» and stating that they are going to «test the guys out today» while posing like boxers.

«Teamster union toughs are apparently trying to intimidate workers who had the courage not to toe the union line and instead provide for their families,» said Mark Mix, President of the National Right to Work Foundation. «Workers should never be subjected to violence or threats of violence under any circumstance.»

The worker filed the charge against the Teamster Local 703 union, seeking compensatory damages. He filed the charge for himself and other similarly-situated workers.

Minnesota Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

Childcare providers fight dictate to push childcare business owners into union forced dues ranks

Minneapolis, MN (June 5, 2013) – A group of Minnesota home-based childcare providers have filed a federal lawsuit challenging a new law that seeks to forcibly unionize the state’s home-based childcare providers.

Jennifer Parrish from Rochester and 11 other providers from around the state filed the suit Wednesday in the U.S. District Court for the District of Minnesota with free legal assistance from National Right to Work Foundation staff attorneys.

Parrish and other providers seek to halt implementation of a recently-passed law intended to designate Service Employees International Union (SEIU) or American Federation of State, County and Municipal Employees (AFSCME) officials as the monopoly political representative of thousands of providers in the state, who are either business owners or family members who take care of children within their families.

Click here to read the full release.

Minneapolis, MN (June 5, 2013) – A group of Minnesota home-based childcare providers have filed a federal lawsuit challenging a new law that seeks to forcibly unionize the state’s home-based childcare providers.

Jennifer Parrish from Rochester and 11 other providers from around the state filed the suit Wednesday in the U.S. District Court for the District of Minnesota with free legal assistance from National Right to Work Foundation staff attorneys.

Parrish and other providers seek to halt implementation of a recently-passed law intended to designate Service Employees International Union (SEIU) or American Federation of State, County and Municipal Employees (AFSCME) officials as the monopoly political representative of thousands of providers in the state, who are either business owners or family members who take care of children within their families.

Home-based childcare and personal care providers have challenged similar forced-unionization-by-government-fiat schemes in several states across the country, including Michigan and Illinois. The Illinois case is pending at the U.S. Supreme Court. Michigan ended its scheme after Foundation attorneys filed suit for providers there.

Foundation attorneys argue that such schemes violate the providers’ First Amendment right to choose with whom they associate to petition the government. The government does not have the power to force citizens to accept its handpicked political representation to lobby itself. Under the Minnesota scheme, after the union is installed it will then be empowered to confiscate dues from childcare providers for this forced «exclusive representation.

«Citizens have the power to select their political representation in government, not the other way around,» said Mark Mix, President of the National Right to Work Foundation. «This scheme, which forces small business owners, and even grandma taking care of her grandchildren, into union political association is a slap in the face of fundamental American principles we hold dear.»

«This union boss power grab scheme is nothing more than pure political payback and was popularized by disgraced Governors Gray Davis of California and Rod Blagojevich of Illinois.»

Many of the 12 providers previously challenged in federal court Governor Mark Dayton’s executive order that also sought to force the state’s homecare providers into union ranks. That suit was rendered moot after a state court struck down Dayton’s executive order as outside his authority under state law.

Washington, DC (June 3, 2013) – After a seven year legal struggle, the United States Court of Appeals for the District of Columbia has finally upheld Tenneco workers’ decision to eject the United Auto Workers (UAW) Local 660 union. UAW lawyers had held up the decertification process by claiming that unfair labor practices perpetrated by Tenneco caused employee disaffection with the union, but the Court of Appeals concluded that there was “no substantial evidence” to back up this claim.

Lonnie Tremain, the Tenneco employee who first circulated a petition to decertify the union, received free legal assistance from National Right to Work Foundation staff attorneys during the legal battle to remove the UAW, including legal representation at the U. S. Court of Appeals.

In December 2006, 24 of the 31 employees at Tenneco’s Grass Lake, Michigan facility presented company officials with a decertification petition seeking the removal of UAW Local 660. Union lawyers responded by filing a series of unfair labor practice charges against Tenneco, claiming that the company’s treatment of the union had caused employees to turn against the UAW.

Among other things, UAW lawyers claimed that Tenneco’s refusal to turn over the home addresses and personal contact information of non-striking workers violated the National Labor Relations Act. Company officials say they were concerned about the possibility of union intimidation and violence.

Although an administrative law judge ruled that the decertification petition was valid and untainted by any Tenneco actions, the National Labor Relations Board (NLRB) determined in 2011 that the company’s unfair labor practices contributed to employees’ anti-union sentiment. After Tenneco appealed, the DC Court of Appeals overturned the NLRB’s ruling on the grounds that there was no evidence that the company did anything to influence its employees’ decision to get rid of the UAW.

Once a union is established as the monopoly bargaining agent for a workplace, it is very difficult to remove. Union officials can dictate terms and conditions of employment for all workers, even those who are not union members. In states without Right to Work laws, nonunion employees can also be forced to pay union dues.

“After a long legal battle, Tenneco employees have finally ejected the UAW,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “Employees who wish rid to themselves of a union shouldn’t be punished for their employer’s alleged transgressions or because of trumped up charges from union bosses attempting to stop a union decertification. Unfortunately, the Obama NLRB is more concerned with furthering Big Labor’s interests than respecting employees’ wishes.”

West Virginia Utility Worker Wins $10,000 Settlements from Penn Line Service, Local Laborer Union

Worker discharged from job for not contributing to «voluntary» union PAC

Beckley, WV (May 31, 2013) – A former Penn Service Line, Inc. truck driver/laborer has won a substantial federal settlement from a Pennsylvania-based construction company and a West Virginia union after the company and union violated his rights and illegally seized union dues from his paychecks for the union’s political action committee (PAC).

Jeff Richmond of Meadow Bridge, WV, received free legal assistance from National Right to Work Foundation staff attorneys.

In July 2012, when Penn Line Service hired Richmond, company management told him that the job was a «union job.» Between July and October, the company confiscated, and the Laborers International Union of North America (LIUNA) Local 453 accepted, full union dues from Richmond’s paychecks even though he had not joined the union or consented to union dues payments.

In October 2012, company management gave Richmond and his coworkers a union membership and dues deductions authorization form. The form included a section for the employees to authorize «voluntary» contributions to three LIUNA-affiliated political action committees. Richmond signed up for union membership because he thought it was required for him to keep his job. Richmond did not, however, authorize the «voluntary» PAC contributions. Shortly thereafter, Richmond was discharged from his job for refusing to sign up for the union PAC contributions.

Click here to read the full release.

Beckley, WV (May 31, 2013) – A former Penn Service Line, Inc. truck driver/laborer has won a substantial federal settlement from a Pennsylvania-based construction company and a West Virginia union after the company and union violated his rights and illegally seized union dues from his paychecks for the union’s political action committee (PAC).

Jeff Richmond of Meadow Bridge, WV, received free legal assistance from National Right to Work Foundation staff attorneys.

In July 2012, when Penn Line Service hired Richmond, company management told him that the job was a «union job.» Between July and October, the company confiscated, and the Laborers International Union of North America (LIUNA) Local 453 accepted, full union dues from Richmond’s paychecks even though he had not joined the union or consented to union dues payments.

In October 2012, company management gave Richmond and his coworkers a union membership and dues deductions authorization form. The form included a section for the employees to authorize «voluntary» contributions to three LIUNA-affiliated political action committees. Richmond signed up for union membership because he thought it was required for him to keep his job. Richmond did not, however, authorize the «voluntary» PAC contributions. Shortly thereafter, Richmond was discharged from his job for refusing to sign up for the union PAC contributions.

Under federal law, no worker can be forced to join a union. However, because West Virginia does not have a Right to Work law, workers who refrain from union membership can be forced to pay union dues or fees as a condition of employment. The U.S. Supreme Court ruled in the Foundation-won Communications Workers v. Beck case that nonmembers may not be forced to pay for union activities unrelated to workplace bargaining, such as union political activities and members-only events.

After Richmond filed the charges, the National Labor Relations Board (NLRB) issued a formal complaint against the union and the company. The company and the union settled the case to avoid further prosecution. Under the terms of the settlement, Richmond will receive over $10,000 in back pay, other expenses, and refunded union dues and fees that were illegally taken from his paychecks.

As a result of Richmond’s charges and the resulting investigation, an additional Penn Line Service worker will also receive over $600 in refunded union dues and fees illegally taken from his paychecks.

«Bulldozing someone into contributing to a union PAC that violates their sincerely-held beliefs is unconscionable,» said Mark Mix, president of the National Right to Work. «No worker should ever be forced to pay union dues or fees for a cause in which they disagree. That is why West Virginia needs to pass a Right to Work law making union membership and dues payments completely voluntary.»