Worker Files Federal Charges against NBC Sports, CWA for Forcing Him to Join Union, Pay Full Dues

Case shows why West Virginia’s workers need Right to Work protections

New York, NY (March 11, 2013) – With the help of National Right to Work Foundation staff attorneys, an NBC Sports technician has filed federal charges against his employer and the NABET-CWA Local 11 union for forcing him to join the union and pay full dues.

Over the past six months, Steve Wahlenmayer has worked as a daily hire for NBC Sports, which is party to a bargaining agreement with the Communications Workers of America (CWA) union. Because New York lacks a Right to Work law, regular employees can be forced to pay union dues as a condition of employment after 30 consecutive days of employment. This means temporary or daily hires cannot be required to pay union dues if they don’t reach the 30-day threshold.

Despite the fact that Wahlenmayer has never worked for NBC for 30 consecutive days, CWA officials and NBC Sports demanded he join the union and sign a dues check-off card authorizing the CWA to deduct automatically dues from his paycheck and to pay a $9,000 initiation fee. Other temporary hires at NBC Sports have faced similar demands.

Click here to read the full release.

New York, NY (March 11, 2013) – With the help of National Right to Work Foundation staff attorneys, an NBC Sports technician has filed federal charges against his employer and the NABET-CWA Local 11 union for forcing him to join the union and pay full dues.

Over the past six months, Steve Wahlenmayer has worked as a daily hire for NBC Sports, which is party to a bargaining agreement with the Communications Workers of America (CWA) union. Because New York lacks a Right to Work law, regular employees can be forced to pay union dues as a condition of employment after 30 consecutive days of employment. This means temporary or daily hires cannot be required to pay union dues if they don’t reach the 30-day threshold.

Despite the fact that Wahlenmayer has never worked for NBC for 30 consecutive days, CWA officials and NBC Sports demanded he join the union and sign a dues check-off card authorizing the CWA to deduct automatically dues from his paycheck and to pay a $9,000 initiation fee. Other temporary hires at NBC Sports have faced similar demands.

Moreover, even if Wahlenmayer or his coworkers were employed by NBC for at least 30 consecutive days, federal law prohibits unions and employers from forcing workers to join a union as a condition of employment.

Under protest, Wahlenmayer signed a dues check-off card to protect his job. He is now filing charges to reclaim his confiscated dues with the National Labor Relations Board, a federal agency charged with administering private sector labor law.

«Desperate for more forced dues cash, CWA union bosses are trying to fleece temporary hires in flagrant violation of federal law,» said Patrick Semmens, Vice President of the National Right to Work Foundation. «Unfortunately, NBC Sports is complicit in the mistreatment of their own employees.»

«This illicit practice highlights the need for a New York Right to Work law, which would ensure that no worker can be forced to join or pay dues to a union just to get or keep a job,» continued Semmens.

WVUH Employee’s Persistence Finally Forces Union Bosses to Abide by Federal Settlement

Case shows why West Virginia’s workers need Right to Work protections

Morgantown, WV (February 28, 2013) – A West Virginia University Hospital employee has finally received justice under a federal settlement after union officials failed to abide by the settlement for months.

With aid from the National Right to Work Foundation, Kimberly Wright filed a series of federal charges against a local union for refusing to honor her resignation from formal union membership, forcing her to pay full union dues against her will, and failing to provide the legally-required disclosure of how her forced dues are being spent.

Click here to read the full release.

Morgantown, WV (February 28, 2013) – A West Virginia University Hospital employee has finally received justice under a federal settlement after union officials failed to abide by the settlement for months.

With aid from the National Right to Work Foundation, Kimberly Wright filed a series of federal charges against a local union for refusing to honor her resignation from formal union membership, forcing her to pay full union dues against her will, and failing to provide the legally-required disclosure of how her forced dues are being spent.

Wright initially resigned formal union membership from the Laborers’ International Union of North America (LIUNA) Local 814 in December 2010. Wright exercised her rights under the Foundation-won U.S. Supreme Court precedent in Communications Workers v. Beck, which allows workers to refrain from full dues paying union membership.

Because West Virginia does not have a Right to Work law on the books, workers can still be compelled to pay a part of union dues despite refraining from formal union membership. For months following her resignation, LIUNA Local 814 union bosses continued to collect full union dues from Wright’s paychecks and refused to provide her with a breakdown of how her forced dues are being spent.

After Wright filed a charge with the National Labor Relations Board (NLRB), the Board reached a settlement with the union officials. However, LIUNA Local 814 union officials continued to collect full union dues from Wright’s paychecks despite the settlement, forcing her to file another charge with the NLRB. The second charge was settled in September 2012.

The union again failed to abide by the settlement for months and continued to collect full union dues. Finally, after Wright and her Foundation staff attorneys requested that the Board revoke the settlement and issue a complaint due to the union bosses’ non-compliance, union officials relented, refunding 26 months of overcharges to Wright and providing audits of the union’s books and records.

«Despite two federal settlements, LIUNA Local 814 union officials ignored Kimberly Wright’s rights for months on end, but they still have the power to compel her to pay union dues or fees as a condition of her employment,» said Mark Mix, President of National Right to Work. «This case shows that workers need Right to Work protections making union membership 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.

Workers File Suit After Company and Union Violate Utah’s Right to Work Law

Union officials confiscate nearly $10,000 in illegal union dues

Salt Lake City, UT (February 25, 2013) – Four Progress Rail Services Corporation workers have filed a lawsuit alleging the company and a local union violated their rights under Utah’s popular Right to Work law and illegally coerced them into paying thousands of dollars in union dues.

With free legal assistance from National Right to Work Foundation staff attorneys, the four workers – Bryan Rees, James Rogers, Richard Simone, and Jason Wilson – filed the lawsuit against Progress Rail and the Brotherhood of Railway Carmen/International Association of Machinists (IAM) Local 6601 union in the Third Judicial District Court in Salt Lake County.

IAM Local 6601 union officials enjoy monopoly bargaining powers over the workplace. In about May 2006, Local 6601 union officials and Progress Rail, which repairs railroad cars, negotiated a contract that contained a forced dues clause that requires all covered employees to pay union dues or fees as a condition of employment. However, under Utah’s Right to Work law, workers cannot be compelled to pay union dues or fees to get or keep a job.

Click here to read the full release.

Salt Lake City, UT (February 25, 2013) – Four Progress Rail Services Corporation workers have filed a lawsuit alleging the company and a local union violated their rights under Utah’s popular Right to Work law and illegally coerced them into paying thousands of dollars in union dues.

With free legal assistance from National Right to Work Foundation staff attorneys, the four workers – Bryan Rees, James Rogers, Richard Simone, and Jason Wilson – filed the lawsuit against Progress Rail and the Brotherhood of Railway Carmen/International Association of Machinists (IAM) Local 6601 union in the Third Judicial District Court in Salt Lake County.

IAM Local 6601 union officials enjoy monopoly bargaining powers over the workplace. In about May 2006, Local 6601 union officials and Progress Rail, which repairs railroad cars, negotiated a contract that contained a forced dues clause that requires all covered employees to pay union dues or fees as a condition of employment. However, under Utah’s Right to Work law, workers cannot be compelled to pay union dues or fees to get or keep a job.

All four workers allege in the suit that when they started working at Progress Rail at various dates between December of 2005 and August 2011, union officials informed them that union membership and full dues payments were a condition of their employment. As a result, union officials confiscated up to nearly $10,000 in illegal union dues payments from the workers’ paychecks until October 2012, months after the workers found out about their rights under Utah’s Right to Work law.

Under Utah’s Right to Work law, workers have the unconditional right refrain from union membership and dues payments.

«For years, IAM Local 6601 union bosses kept workers in the dark about their rights and took thousands of dollars of their hard-earned money in violation of Utah’s popular Right to Work law,» said Mark Mix, President of the National Right to Work Foundation. «The union’s careless disregard for these workers’ rights underscores the need for more states to pass Right to Work protections for their workers.»

Utah enacted its Right to Work law in 1955. 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.

Teacher Wins Settlement after Union Bosses Violate Her Constitutional Rights

Case shows why Act 10 is needed to protect state workers

Madison, WI (February 21, 2013) – A former Greenwood, Wisconsin teacher has won a settlement from a local teacher union and the school district for refusing to honor her rights under Act 10, and for failing to follow constitutional disclosure requirements.

In September, Amy Anaya filed two complaints with the Wisconsin Employment Relations Commission with free legal assistance from National Right to Work Foundation staff attorneys.

Anaya was a School District of Greenwood teacher for a year, beginning in August 2011, after Act 10 was enacted. In September 2011, Greenwood Education Association (GEA) union officials approached Anaya and illegally told her that she «had to» sign the union’s membership form. Anaya informed them that she had no desire to become a member of the union.

Click here to read the full release.

Madison, WI (February 21, 2013) – A former Greenwood, Wisconsin teacher has won a settlement from a local teacher union and the school district for refusing to honor her rights under Act 10, and for failing to follow constitutional disclosure requirements.

In September, Amy Anaya filed two complaints with the Wisconsin Employment Relations Commission with free legal assistance from National Right to Work Foundation staff attorneys.

Anaya was a School District of Greenwood teacher for a year, beginning in August 2011, after Act 10 was enacted. In September 2011, Greenwood Education Association (GEA) union officials approached Anaya and illegally told her that she «had to» sign the union’s membership form. Anaya informed them that she had no desire to become a member of the union.

In December 2011, GEA union officials again demanded that Anaya join the union, and Anaya again informed them that she was not interested in joining. Under Wisconsin’s Act 10 public-sector unionism reforms, a nonmember has the right to refrain from paying any union dues or fees as a condition of their employment.

Moreover, the U.S. Supreme Court has long held that a worker has a First Amendment right to refrain from formal union membership at any time. With passage of Act 10, no Wisconsin teacher can be forced to pay any union dues or fees as a job condition.

The union failed to provide Anaya with her U.S. Supreme Court-mandated constitutional protections and the school district deducted full union dues from her paychecks for the entire year.

Under the settlement, Anaya received a refund of most of the illegally-seized union dues.

«Teacher union bosses and school officials ignored state law and U.S. Supreme Court precedent to illegally coerce this teacher into full dues paying union ranks against her will,» said Mark Mix, President of National Right to Work. «This case underscores just how important Act 10 is in protecting Wisconsin public employees from forced unionism abuses such as this.»

«No worker should ever be forced to pay union dues or fees as a condition of employment,» added Mix. «We hope that the Governor and the legislature will work quickly to provide these protections to Wisconsin’s private sector workforce, too.»

Toledo, OH (February 13, 2013) – With the help of National Right to Work Foundation staff attorneys, a Nova Services employee has filed unfair labor practice charges against the Ironworkers Local 55 union for attempting to bribe and threaten him and his coworkers into supporting a recent union organizing drive.

Fifteen other Nova Services employees have also retained a Foundation staff attorney to represent them.

Ironworkers Local 55 is currently engaged in an aggressive organizing campaign at Nova Services facilities. In August 2012, a union official told employees at an organizing meeting that he could provide them with legal immigration status in exchange for supporting the union. Union operatives also made similar offers individually to at least six employees.

Later that month, union officials threatened to report their employer’s immigration violations if employees failed to support the Ironworkers’ organizing drive. Union officials have continued to make similar threats and offers over the past six months.

The charge details how union organizers also resorted to outright bribery to obtain employee support. In August, one union organizer offered a worker $50,000 in exchange for supporting the union’s campaign. Another worker was offered $3,000 to back the union. Other employees were offered weekly payments and waivers for union initiation fees.

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

“Instead of making a straightforward case to employees for their union, Ironworker operatives resorted to threats and outright bribery,” said Mark Mix, President of the National Right to Work Foundation. “The union’s underhanded strategy once again emphasizes the importance of secret ballot elections in the workplace, which ensure that employees are free from threats, bribery, or coercion when making their decision about whether or not to support a union.”

Local Cleaning Service Union Forced to Clean Up Its Act in Ongoing Federal Labor Dispute

Case underscores need for Massachusetts Right to Work law

Boston, MA (February 14, 2013) – Workers caught in a battle between a local union and Lynn-based Complete Cleaning, Inc. have won a federal settlement from the union after union officials illegally claimed to have monopoly bargaining privileges over the workers.

The settlement stems from federal unfair labor practice charges filed by Complete Cleaning worker Jairo Hernandez of Lynn against Service Employees International Union (SEIU) Local 615. Hernandez filed the charges with free legal assistance from National Right to Work Foundation staff attorneys.

SEIU Local 615 officials tried to claim monopoly bargaining privileges over Complete Cleaning’s workers even though workers nearly unanimously oppose the union hierarchy in their workplace. Under federal law, it is illegal for a union to claim monopoly bargaining powers over a workplace without support of the employees.

Click here to read the full release.