Washington, DC (February 11, 2013) – Today, National Right to Work Foundation staff attorneys filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit asking the court to order the National Labor Relations Board (NLRB) to suspend further action in a case that expanded union bosses’ powers to charge nonmember workers for union political lobbying.

The petition was filed in the wake of the court’s ruling last month invalidating President Barack Obama’s controversial purported «recess appointments» to the Board. The court held President Obama could not constitutionality make those appointments without U.S. Senate confirmation because the Senate was not in recess. National Right to Work Foundation staff attorneys filed an amicus curiae brief jointly with the Landmark Legal Foundation in the case.

As a result, since at least January 3, 2012, the Board has lacked a quorum as required by a U.S. Supreme Court precedent established in 2010, thus invalidating the Board’s rulings since that time.

Since the Foundation-won U.S. Supreme Court victory in Communication Workers v. Beck, courts have held that workers who refrain from full-dues-paying union membership cannot be compelled to pay for union political spending, lobbying, member-only events, and similar non-representational activities.

Former Warwick, Rhode Island nurse Jeanette Geary filed a federal unfair labor practice charge against a local nursing union for illegally forcing her and other employees to pay for the union’s lobbying or lose their jobs. In 2012, the Board held that the union hierarchy could force the nurse and her coworkers to pay for the union’s lobbying, including political lobbying in the state of Vermont, but asked for further briefs before it issues an appealable final order.

Today, Foundation attorneys filed the last-resort Petition for a writ of mandamus or prohibition asking the U.S. Court of Appeals for the District of Columbia Circuit to bar the NLRB from further action in the case until a valid Board is seated.

«Jeanette Geary’s case is just the latest example of how independent-minded workers have received unjust treatment at the hands of Obama’s illegal, pro-Big Labor NLRB,» said Mark Mix, President of the National Right to Work Foundation. «The Board must cease its illegal activities expanding union boss powers in the face of long-held Supreme Court precedent and constitutional case law prohibiting union bosses from taking workers’ dues for union politics.»

«The extraordinary circumstances involving Obama’s out-of-control NLRB, which has already proceeded to ignore the appeals court’s ruling, has created the urgency for Foundation staff attorneys to employ an extraordinary legal move to halt the Board’s unconstitutional actions,» added Mix.

Teachers File Brief Defending Gov. Walker’s ‘Act 10’ Reforms in Union’s State Appeals Court Lawsuit

Teachers ask state court to uphold legislation protecting most state employees from forced unionism

Madison, WI (February 6, 2013) – Three Wisconsin public school teachers filed a brief in the Wisconsin Court of Appeals last week supporting Governor Walker’s public sector union reform bill, known as «Act 10.»

Elmbrook School District educator Elijah Grajkowski, Kenosha teacher Kristi Lacroix, and Waukesha high school teacher Nathan Berish filed the amici curiae brief with free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty.

The case is a legal challenge brought in Dane County Circuit Court by union officials from Public Employees Local 61 and Madison Teachers, Inc., a local affiliate of the National Education Association (NEA).

Click here to read the full release.

Madison, WI (February 6, 2013) – Three Wisconsin public school teachers filed a brief in the Wisconsin Court of Appeals last week supporting Governor Walker’s public sector union reform bill, known as «Act 10.»

Elmbrook School District educator Elijah Grajkowski, Kenosha teacher Kristi Lacroix, and Waukesha high school teacher Nathan Berish filed the amici curiae brief with free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty.

The case is a legal challenge brought in Dane County Circuit Court by union officials from Public Employees Local 61 and Madison Teachers, Inc., a local affiliate of the National Education Association (NEA).

In their brief, the teachers argue that the Wisconsin Court of Appeals should overturn the lower court’s ruling that held that Act 10 is unconstitutional. The teachers’ arguments in the brief rely on precedents long established by National Right to Work Foundation-won cases at the U.S. Supreme Court, as well as recent Foundation-supported victories at the U.S. Court of Appeals for the Seventh Circuit, which upheld all of Act 10, and the U.S. District Court for the Northern District of Indiana, which upheld Indiana’s recently-enacted Right to Work law.

Meanwhile, two other Wisconsin public servants – Christopher King and Carie Kendrick – have also filed an amicus brief opposing a union legal challenge to Act 10 in another federal court.

«Once again, courageous Wisconsin public servants who want nothing to do with union bosses’ so-called ‘representation’ have stepped forward to protect these vital reforms,» said Mark Mix, President of the National Right to Work Foundation. «No worker should be forced to pay union dues just to get or keep a job, which is why Wisconsin should pass a private-sector Right to Work law, ensuring that all Badger State employees are free of forced unionism.»

Los Angeles, CA (February 5, 2013) – With the help of National Right to Work Foundation staff attorneys, KTLA-TV sports reporter and weekend anchor Rebecca Hall has filed federal unfair labor practice charges against the Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) union for attempting to force her to join the union and pay full dues.

SAG-AFTRA is the monopoly bargaining agent for KTLA-TV, which means employees can be forced to pay union dues to get or keep a job with the station. Under federal law, however, employees cannot be compelled to join the union or pay union dues for things unrelated to workplace bargaining, such as members-only events and political activism.

Despite these prohibitions, SAG officials demanded Hall become a full union member and pay excessive initiation fees and union dues if she wanted to keep working at KTLA-TV. Union officials failed to notify Hall that she could opt out of dues unrelated to workplace bargaining and never provided her with any information about union financial expenditures, information that is required by law to help nonunion workers determine what dues they can be obligated to contribute.

When Hall declined to join or pay up, SAG officials threatened to have her fired for refusing to comply with their outrageous demands.

Hall’s charges are now being investigated by the National Labor Relations Board (NLRB), a federal agency charged with administering private sector labor law.

“Instead of informing Ms. Hall of her workplace rights, SAG bosses threatened to have her fired for refusing to join their union and pay full dues,” said Mark Mix, President of the National Right to Work Foundation. “That’s unacceptable, which is why we’re helping her fight back against these heavy-handed tactics.”

“Unfortunately, Ms. Hall and others in California will continue to be subjected to similar ‘pay up or be fired’ threats until California employees are protected by a Right to Work law, which would make union membership and the payment of union dues completely voluntary,” added Mix.

Rhode Island School of Design Technician Wins Settlement from Local Teacher Union

Union officials refused to follow Supreme Court precedents

Providence, RI (February 4, 2013) – With free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, a Rhode Island School of Design (RISD) technician has won an informal settlement from a local union for violating his rights.

The settlement stems from a federal unfair labor practice charge Robert Vennerbeck of Providence filed with the National Labor Relations Board (NLRB) regional office in Boston against the RISD Technical Association union – an affiliate of the National Education Association (NEA) union.

Vennerbeck resigned formal union membership and revoked his union dues deduction authorization – a form used to take union dues from workers’ paychecks. The U.S. Supreme Court has long held that workers have the right to refrain from full-dues-paying union membership. Because Rhode Island does not have Right to Work protections making union affiliation completely voluntary, workers who refrain from formal union membership may still be forced to pay part of union dues to keep their jobs. However, nonmember workers cannot be required to pay union dues spent for union political activities and member-only events.

Vennerbeck charged that union officials refused to follow federal disclosure requirements outlined under Supreme Court precedent despite Vennerbeck’s repeated requests.

Click here to read the full release.

Providence, RI (February 4, 2013) – With free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, a Rhode Island School of Design (RISD) technician has won an informal settlement from a local union for violating his rights.

The settlement stems from a federal unfair labor practice charge Robert Vennerbeck of Providence filed with the National Labor Relations Board (NLRB) regional office in Boston against the RISD Technical Association union – an affiliate of the National Education Association (NEA) union.

Vennerbeck resigned formal union membership and revoked his union dues deduction authorization – a form used to take union dues from workers’ paychecks. The U.S. Supreme Court has long held that workers have the right to refrain from full-dues-paying union membership. Because Rhode Island does not have Right to Work protections making union affiliation completely voluntary, workers who refrain from formal union membership may still be forced to pay part of union dues to keep their jobs. However, nonmember workers cannot be required to pay union dues spent for union political activities and member-only events.

Vennerbeck charged that union officials refused to follow federal disclosure requirements outlined under Supreme Court precedent despite Vennerbeck’s repeated requests. In addition, the charge filed with the NLRB stated that union officials refused to provide him with an independently-audited financial breakdown of union expenditures and the opportunity to challenge before an impartial decision maker the amount of forced union fees he must pay.

In late September, union officials demanded Vennerbeck be fired from his job in an apparent attempt to retaliate against him for exercising his rights.

The settlement waives all back union dues from the past two years, rescinds the union bosses’ demand to have Vennerbeck fired from his job, and requires union officials to post a notice in the workplace informing workers of their right to refrain from union membership.

«RISD Technical Association union officials were forced to back off from their intimidation and threats toward a worker who had the temerity to not toe the union boss line and pay for their political agenda,» said Mark Mix, President of the National Right to Work Foundation. «Rhode Island desperately needs a Right to Work law making union membership and dues payments strictly 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.

SEIU Officials Face State Charge for Violating Home Care Provider’s Rights

Case shows desperate need for California Right to Work law

San Francisco, CA (January 31, 2013) – With free legal assistance from National Right to Work Foundation staff attorneys, a San Francisco in-home care provider has filed a state charge against a local union for illegally refusing to honor her right to refrain from full-dues-paying union membership.

On Tuesday, Shiufan Lee filed the charge with the California Public Employment Relations Board (PERB) against Service Employees International Union-Healthcare Workers West (SEIU-UHW).

Lee attempted to exercise her right to refrain from formal union membership via phone in early August 2012, and in a letter she sent on August 3. Lee received a call from a union official where she again asked to resign from membership and full dues payments. Each time she spoke with union officials, they refused to acknowledge her resignation.

Click here to read the full release.

San Francisco, CA (January 31, 2013) – With free legal assistance from National Right to Work Foundation staff attorneys, a San Francisco in-home care provider has filed a state charge against a local union for illegally refusing to honor her right to refrain from full-dues-paying union membership.

On Tuesday, Shiufan Lee filed the charge with the California Public Employment Relations Board (PERB) against Service Employees International Union-Healthcare Workers West (SEIU-UHW).

Lee attempted to exercise her right to refrain from formal union membership via phone in early August 2012, and in a letter she sent on August 3. Lee received a call from a union official where she again asked to resign from membership and full dues payments. Each time she spoke with union officials, they refused to acknowledge her resignation.

Lee sent additional letters to union officials on September 16 and September 26 asking that the union hierarchy allow her to exercise her rights. The charge alleges that SEIU officials never sent her a response and continued to illegally extract full union dues from Lee’s paychecks despite her repeated attempts to resign union membership.

Under California state law and federal constitutional law, workers have the unconditional right to refrain from union membership. Because California does not have Right to Work protections making union affiliation completely voluntary, workers who refrain from formal union membership may still be forced to pay part of union dues to keep their jobs. However, nonmember workers cannot be required to pay union dues spent for union political activities and member-only events.

Lee’s charge seeks an acknowledgment from SEIU officials that she is no longer a formal member, an independently-audited breakdown of union expenditures, a refund of illegally-seized union dues from her paycheck dating back to August 2012, and the posting of notices in locations where notices to employees are customarily posted informing workers of their right to refrain from union membership.

«SEIU bosses have a long history of coercing workers into paying for the union bosses’ political agenda,» said Mark Mix, President of the National Right to Work Foundation. «To prevent these types of forced-unionism abuses in the future, California 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 principle of voluntary unionism.

Federal Appeals Court Strikes Down Obama Labor Board Recess Appointments

Right to Work Foundation attorneys argued purported recess appointments were invalid because Senate was not in recess

Washington, DC (January 25, 2013) – Today, the U.S. Court of Appeals for the District of Columbia Circuit 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 jointly with the Landmark Legal Foundation in the case, Noel Canning v. NLRB.

The brief was filed for four workers who are receiving free legal assistance from National Right to Work Foundation staff attorneys in cases pending before the Board.

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

"Today, the court agreed with Foundation attorneys: Barack Obama’s so-called recess appointments to the National Labor Relations Board clearly violate the U.S. Constitution. Because the U.S. Senate was not in recess the President could not make the appointments to the NLRB without Senate confirmation.

"As a result, the Board has lacked a quorum since January 3, 2012, and under a U.S. Supreme Court precedent established in 2010, the court’s ruling invalidates the Board’s biased and decidedly pro-Big Labor rulings since that time. The court’s decision in Noel Canning is a victory for independent-minded workers who have received unjust treatment at the hands of the pro-Big Labor NLRB and will hopefully serve as a persuasive example to other federal courts deciding on the validity of Obama’s purported recess appointments."

Click here to see the press release.

Washington, DC (January 25, 2013) – Today, the U.S. Court of Appeals for the District of Columbia Circuit 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 jointly with the Landmark Legal Foundation in the case, Noel Canning v. NLRB.

The brief was filed for four workers who are receiving free legal assistance from National Right to Work Foundation staff attorneys in cases pending before the Board.

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

"Today, the court agreed with Foundation attorneys: Barack Obama’s so-called recess appointments to the National Labor Relations Board clearly violate the U.S. Constitution. Because the U.S. Senate was not in recess the President could not make the appointments to the NLRB without Senate confirmation.

"As a result, the Board has lacked a quorum since January 3, 2012, and under a U.S. Supreme Court precedent established in 2010, the court’s ruling invalidates the Board’s biased and decidedly pro-Big Labor rulings since that time. The court’s decision in Noel Canning is a victory for independent-minded workers who have received unjust treatment at the hands of the pro-Big Labor NLRB and will hopefully serve as a persuasive example to other federal courts deciding on the validity of Obama’s purported recess appointments."