Alaska State Troopers Seek to Handcuff Government Union Boss Forced Dues Powers

Relying on landmark Knox Supreme Court decision, Troopers seek to end automatic dues deduction for politics from non-member state employees

Anchorage, AK (January 8, 2013) – Five Alaska State Troopers have filed the first federal lawsuit that seeks to expand public employees’ right to refrain from paying union dues used for union politics in light of last year’s U.S. Supreme Court decision in Knox v. SEIU.

Robin Benning, Patrick Johnson, Andrew Neason, Chris Terry, and Ken VanSpronsen filed the lawsuit in the U.S. District Court for the District of Alaska in Anchorage with free legal assistance from National Right to Work Foundation staff attorneys.

The troopers refrain from formal union membership in the Public Safety Employees Association (PSEA) union, an affiliate of the American Federation of State, County and Municipal Employees Local 803. Because they are not formal union members, the troopers have a right not to pay the part of union dues used for union politics, lobbying, and member-only events.

Last year, the Supreme Court ruled in the Foundation-won Knox v. SEIU decision that California state employees who refrain from formal union membership could not be compelled to pay for union politicking via a «special assessment» for a self-described «political fight back fund.» The Court’s majority ruled for the first time that union officials must obtain affirmative consent from workers before using workers’ forced union fees for union politicking.

The Alaskan troopers are seeking to expand that decision to apply to all instances when public employees refrain from union membership.

Click here to read the full release.

Anchorage, AK (January 8, 2013) – Five Alaska State Troopers have filed the first federal lawsuit that seeks to expand public employees’ right to refrain from paying union dues used for union politics in light of last year’s U.S. Supreme Court decision in Knox v. SEIU.

Robin Benning, Patrick Johnson, Andrew Neason, Chris Terry, and Ken VanSpronsen filed the lawsuit in the U.S. District Court for the District of Alaska in Anchorage with free legal assistance from National Right to Work Foundation staff attorneys.

The troopers refrain from formal union membership in the Public Safety Employees Association (PSEA) union, an affiliate of the American Federation of State, County and Municipal Employees Local 803. Because they are not formal union members, the troopers have a right not to pay the part of union dues used for union politics, lobbying, and member-only events.

Last year, the Supreme Court ruled in the Foundation-won Knox v. SEIU decision that California state employees who refrain from formal union membership could not be compelled to pay for union politicking via a «special assessment» for a self-described «political fight back fund.» The Court’s majority ruled for the first time that union officials must obtain affirmative consent from workers before using workers’ forced union fees for union politicking.

The Alaskan troopers are seeking to expand that decision to apply to all instances when public employees refrain from union membership, as all nonmember public employees are currently required to invoke their right to refrain from paying union dues for union politics. Nonmember public employees who do not affirmatively object to paying full union dues are now automatically compelled to pay full union dues from their paychecks – including the dues used for union boss politics. Worse, workers who do exercise their right not to pay full union dues are required to renew their objections annually.

«Union bosses have the government-granted power to automatically compel workers to fund their political activities unless workers object – a power granted to no other private organization in our country,» said Mark Mix, president of National Right to Work. «The First Amendment right for workers who refrain from union membership to automatically refrain from paying union dues for politics is long overdue.»

Early last year, Benning and Johnson sued the PSEA union and the state after union and state officials continued to deduct full union dues from the troopers’ paychecks even though they resigned from union membership. That case was eventually settled.

Local Cold Storage Warehouse Worker Files Federal Charge against Company for Discrimination

Americold Logistics management seek to put on ice workers’ push to remove union

Rochelle, IL (December 31, 2012) – An Americold Logistics warehouse employee has filed a federal charge against the company for violating her rights.

Karen Cox of Dixon filed the federal charge with the National Labor Relations Board (NLRB) with free legal assistance from National Right to Work Foundation staff attorneys.

A local affiliate of the United Food and Commercial Workers (UFCW) unionized Cox’s workplace in June 2012. However, union and company officials have yet to reach a contract. Cox began a campaign to remove the unwanted union from her workplace. However, Americold company management is denying her the same access it granted union organizers, preventing her from informing her coworkers of the downsides of unionization and asking them to petition the NLRB for a secret ballot election to remove the union hierarchy.

Click here to read the full release.

Rochelle, IL (December 31, 2012) – An Americold Logistics warehouse employee has filed a federal charge against the company for violating her rights.

Karen Cox of Dixon filed the federal charge with the National Labor Relations Board (NLRB) with free legal assistance from National Right to Work Foundation staff attorneys.

A local affiliate of the United Food and Commercial Workers (UFCW) unionized Cox’s workplace in June 2012. However, union and company officials have yet to reach a contract. Cox began a campaign to remove the unwanted union from her workplace. However, Americold company management is denying her the same access it granted union organizers, preventing her from informing her coworkers of the downsides of unionization and asking them to petition the NLRB for a secret ballot election to remove the union hierarchy.

On December 10, Americold management discriminately enforced its policy to bar Cox and other independent-minded employees from collecting petition signatures while off duty, even threatening to fire Cox from her job if she continued – while non-employee union organizers are given wide-ranging access to company facilities to counteract Cox’s efforts. The charges allege that Americold Logistics is discriminating against workers like Cox and giving union organizers unlawful support and assistance to squash the workers’ efforts to remove the union from their workplace – in violation of NLRB precedent.

Because Illinois does not have Right to Work protections for its workers, Cox and her coworkers undoubtedly will be forced to pay union dues or fees as a condition of employment once company and union officials reach a contract.

«Americold Logistics management gave union organizers license to browbeat employees into acceding to unionization but is discriminating against workers who wish to remain free from union affiliation and dues payments,» said Mark Mix, president of the National Right to Work Foundation. «Unfortunately, companies like Americold all too often sell out workers in exchange for short-term concessions from union officials.»

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

Two El Paso Hospitals Face Federal Prosecution for Violating Nurses’ Rights

Union and hospital officials entered into underhanded agreement to foist union representation on nurses

El Paso, TX (December 19, 2012) – Two local hospitals are facing a federal prosecution for denying access to nurses opposed to unionization while giving union organizers preferential access in order to unionize the nurses.

In the wake of federal charges filed by two nurses with free legal assistance from the National Right to Work Foundation, the National Labor Relations Board (NLRB) regional office in Phoenix issued formal complaints against Tenet Hospitals Ltd. and its two hospitals in El Paso, Providence Memorial Hospital and Sierra Medical Center.

California Nurses Association-affiliated National Nurses Organizing Committee (NNOC) union officials entered into a «neutrality agreement» with Tenet designed to grease the skids for the nurses’ unionization. Tenet was applying that agreement when it took its illicit action to discriminate against nurses opposed to NNOC union representation.

Click here to read the full release.

El Paso, TX (December 19, 2012) – Two local hospitals are facing a federal prosecution for denying access to nurses opposed to unionization while giving union organizers preferential access in order to unionize the nurses.

In the wake of federal charges filed by two nurses with free legal assistance from the National Right to Work Foundation, the National Labor Relations Board (NLRB) regional office in Phoenix issued formal complaints against Tenet Hospitals Ltd. and its two hospitals in El Paso, Providence Memorial Hospital and Sierra Medical Center.

California Nurses Association-affiliated National Nurses Organizing Committee (NNOC) union officials entered into a «neutrality agreement» with Tenet designed to grease the skids for the nurses’ unionization. Tenet was applying that agreement when it took its illicit action to discriminate against nurses opposed to NNOC union representation.

The «neutrality agreement» gives union organizers wide-ranging access to employee break rooms, lounges, and other company facilities. On the other hand, Tenet refused to grant nurses who oppose unionization equal access to its facilities, going so far as to change workplace procedures to deny off-duty nurses access to company facilities.

Despite the company’s blatant viewpoint discrimination, a group of nurses led by Registered Nurses Jose Rodriguez of Sierra Medical Center and Perry Pielaet of Providence Memorial Hospital are working to educate their fellow nurses about the impact of unionization. Rodriguez and Pielaet filed the charges that spurred the NLRB’s investigation into the matter.

«So-called ‘neutrality agreements’ like this one between union officials and hospital management are hardly neutral: They give union organizers license to browbeat and intimidate workers into acceding to unionization,» said Mark Mix, president of the National Right to Work Foundation. «Unfortunately, Tenet management is selling out its workers and aiding union bosses’ quest to unionize every nurse in the country.»

Arizona Fry’s Workers File Brief Challenging Obama NLRB «Recess Appointments»

Union officials’ illegal forced-dues scheme violated possibly thousands of workers’ rights

Washington, DC (December 19, 2012) – With free legal assistance from the National Right to Work Foundation, several employees from Fry’s Food Stores locations in Arizona are challenging President Barack Obama’s recent purported recess appointments to the National Labor Relations Board (NLRB).

Shirley Jones of Mesa, Karen Medley and Elaine Brown of Apache Junction, Kimberly Stewart and Saloomeh Hardy of Queen Creek, and Tommy and Janette Fuentes of Florence initially filed federal unfair labor practice charges against the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry’s management after union and company officials continued to seize union dues from their paychecks despite repeated requests to stop.

Click here to read the full release.

Washington, DC (December 19, 2012) – With free legal assistance from the National Right to Work Foundation, several employees from Fry’s Food Stores locations in Arizona are challenging President Barack Obama’s recent purported recess appointments to the National Labor Relations Board (NLRB).

Shirley Jones of Mesa, Karen Medley and Elaine Brown of Apache Junction, Kimberly Stewart and Saloomeh Hardy of Queen Creek, and Tommy and Janette Fuentes of Florence initially filed federal unfair labor practice charges against the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry’s management after union and company officials continued to seize union dues from their paychecks despite repeated requests to stop.

Because Arizona has a Right to Work law, workers cannot be required to pay union dues as a condition of employment. Upset by a UFCW Local 99 boss-initiated strike threat, the employees resigned union membership and revoked their dues deduction authorizations – used to automatically extract union dues from employee paychecks – during a time in which the union did not have a contract at their workplaces.

The charges spurred the NLRB Regional Director in Phoenix to find that the dues deduction authorizations used by UFCW Local 99 union officials at all Arizona Fry’s Food Stores locations were misleading because they do not allow employees to revoke them once a contract terminates, as required by federal law.

In the workers’ latest brief to the U.S. Court of Appeals in Washington, D.C., Foundation staff attorneys argue that the «recess appointments» are unconstitutional and, therefore, the Board lacks the quorum necessary to hear any cases. If Obama’s NLRB appointments are unconstitutional, then the Board has only two valid members and lacks a quorum to enact rules or enforce federal labor law under a U.S. Supreme Court precedent established in 2010.

Two other Foundation-supported challenges to Obama’s purported recess appointments are pending in federal appeals courts in Washington, D.C. and Chicago.

«The Constitutional chaos created by Barack Obama’s so-called recess appointments to the Labor Board continues to reverberate across the country,» said Mark Mix, President of the National Right to Work Foundation. «Foundation staff attorneys are prepared to challenge Obama’s unconstitutional actions before the U.S. Supreme Court if necessary.»

Foundation Announces Special Task Force to Defend New Michigan Right to Work Law in Court

Unions already challenging law that would make union membership and dues payment voluntary

Springfield, VA (December 13, 2012) – The National Right to Work Legal Defense Foundation, a charitable organization that provides free legal assistance to employees nationwide, announced today the creation of a special task force to defend Michigan’s newly-enacted Right to Work law.

«Although we anticipate several union court challenges, we’re confident that our legal team will be able to defend Michiganders’ Right to Work,» said Ray LaJeunesse, Vice President and Legal Director of the National Right to Work Foundation.

Click here to read the full release.

Springfield, VA (December 13, 2012) – The National Right to Work Legal Defense Foundation, a charitable organization that provides free legal assistance to employees nationwide, announced today the creation of a special task force to defend Michigan’s newly-enacted Right to Work law.

«Although we anticipate several union court challenges, we’re confident that our legal team will be able to defend Michiganders’ Right to Work,» said Ray LaJeunesse, Vice President and Legal Director of the National Right to Work Foundation.

On Tuesday, Governor Rick Snyder signed legislation making Michigan the country’s 24th Right to Work state. Public opinion polls reveal that a majority of Michiganders support the new law, but union officials and others have already announced their plans to file several anti-Right to Work lawsuits.

The National Right to Work Foundation is currently defending Indiana’s newly-enacted Right to Work law from similar union legal challenges. Foundation attorneys recently filed an amicus curiae («friend of the court») brief defending the state’s Right to Work law for two Indiana workers, who are responding to a United Steel Workers lawsuit in Indiana state court.

Foundation attorneys have also defended Wisconsin’s recently-enacted public sector union reforms from union challenges in federal court.

In addition to the new task force, the National Right to Work Foundation has announced an offer of free legal aid to any Michigan workers who wish to refrain from paying dues to an unwanted union. Affected employees are encouraged to call the Foundation’s legal hotline at 1-800-336-3600 or contact the Foundation through its website: www.nrtw.org

«Michigan’s new Right to Work law is a great advance for worker freedom, but union bosses are already planning a vicious legal counterattack in state and federal court,» continued LaJeunesse. «Foundation attorneys stand ready to defend the new Right to Work law and to help any Michigander who wishes to refrain from paying dues to a union he or she doesn’t voluntarily belong to.»