Worker Advocate Files Motion in Federal Labor Board Posting Notice Case

National Right to Work Foundation attorneys fight Labor Board’s decision to promote monopoly unionism in virtually every workplace in America

Washington, DC (October 26, 2011) – Today, National Right to Work Foundation attorneys filed a motion for summary judgment in their federal lawsuit challenging the National Labor Relations Board’s (NLRB) new union posting rules released recently.

The motion was filed this afternoon in conjunction with National Federation of Independent Business (NFIB) in the United States District Court for the District of Columbia.

The Foundation’s case challenges the new rules requiring virtually every employer in the country to post biased information about employee rights online and in the workplace, even if they’ve never committed a violation or been accused of unfair labor practices.

Read the entire release here.

Washington, DC (October 26, 2011) – Today, National Right to Work Foundation attorneys filed a motion for summary judgment in their federal lawsuit challenging the National Labor Relations Board’s (NLRB) new union posting rules released recently.

The motion was filed this afternoon in conjunction with National Federation of Independent Business (NFIB) in the United States District Court for the District of Columbia.

The Foundation’s case challenges the new rules requiring virtually every employer in the country to post biased information about employee rights online and in the workplace, even if they’ve never committed a violation or been accused of unfair labor practices.

Meanwhile, the new rules do not require union officials to issue information about workers’ rights to refrain from union membership or opt out of union dues.

Until the rule changes, employers were required to post notices of workers’ rights only if a violation of labor law occurred.

National Right to Work Foundation attorneys argue that the NLRB has exceeded its authority granted by Congress and violated free speech guarantees of the First Amendment. No other federal agency has ever made it unlawful to fail to post a notice that wasn’t required by Congress, which has prompted House Republicans to hold Congressional hearings on the matter.

After Foundation attorneys filed for a preliminary injunction and argued against the rule changes in court, the NLRB delayed the effective date of the Notice Posting Rule until January 31, 2012.

«Under these new rules, employers are essentially weaponized against workers,» said Mark Mix, President of National Right to Work. «Mom and Pop shops, small businesses, larger companies – even some religiously-affiliated organizations – are now under the Obama Labor Board’s microscope and will feel the pressure to hand over their employees to forced unionism or face legal consequences.»

«This ‘divide and conquer’ strategy should erase all doubt that the biased and ideologically-charged Obama Labor Board has turned into an organizing tool for Big Labor set to do one thing: force more workers who may want nothing to do with a union into paying union dues to keep their jobs.»

Civil Servants File New Brief in Federal Public-Sector Unionism Case

Workers ask court to uphold reform measure protecting most Badger State public workers from forced unionism

Madison, WI (October 20, 2011) – With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, three Wisconsin public employees affected by Wisconsin’s recent public-sector unionism reforms have filed an amicus curiae brief in federal court asking the judge to uphold the new law and deny the unions’ request to suspend the law.

Pleasant Prairie teacher Kristi Lacroix, Waukesha high school teacher Nathan Berish, and trust fund specialist at the Wisconsin Department of Employee Trust Funds Ricardo Cruz filed the brief late last week in favor of the reforms which sharply limited government union officials’ monopoly bargaining power over public workers and taxpayers.

The teachers object to the union’s use of their forced union dues for the union’s political activities. In a recent legal brief, union officials admitted that under the reforms public-sector union bosses would lose at least a quarter of their forced-union-dues revenues. For example, Wisconsin teacher union bosses would not be able to force independent-minded teachers to pay $5.4 million in forced dues and $375,000 for teacher union boss political activism, thus highlighting the need for a Right to Work law for Wisconsin’s workers – in both the public and private sectors.

All three workers want to exercise the freedom to represent themselves with their employers, stating in their brief that «they equate the ‘services’ provided by (union officials) to be akin to those of some itinerant street window washers who sling dirty water on your car windshield, smear it around, and then demand payment.»

Read the entire release here.

Madison, WI (October 20, 2011) – With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, three Wisconsin public employees affected by Wisconsin’s recent public-sector unionism reforms have filed an amicus curiae brief in federal court asking the judge to uphold the new law and deny the unions’ request to suspend the law.

Pleasant Prairie teacher Kristi Lacroix, Waukesha high school teacher Nathan Berish, and trust fund specialist at the Wisconsin Department of Employee Trust Funds Ricardo Cruz filed the brief late last week in favor of the reforms which sharply limited government union officials’ monopoly bargaining power over public workers and taxpayers.

The teachers object to the union’s use of their forced union dues for the union’s political activities. In a recent legal brief, union officials admitted that under the reforms public-sector union bosses would lose at least a quarter of their forced-union-dues revenues. For example, Wisconsin teacher union bosses would not be able to force independent-minded teachers to pay $5.4 million in forced dues and $375,000 for teacher union boss political activism, thus highlighting the need for a Right to Work law for Wisconsin’s workers – in both the public and private sectors.

All three workers want to exercise the freedom to represent themselves with their employers, stating in their brief that «they equate the ‘services’ provided by (union officials) to be akin to those of some itinerant street window washers who sling dirty water on your car windshield, smear it around, and then demand payment.» The three public employees also filed a motion to intervene in the same case in mid-July. The judge has yet to rule on their motion.

In June, the Wisconsin Supreme Court upheld Governor Scott Walker’s government-sector monopoly bargaining reform bill, which protects the Right to Work for most government employees and bans automatic forced-union-dues seizures from public employees’ paychecks. In response, union lawyers filed a new lawsuit in federal court seeking to overturn the law.

«These courageous workers carry on the fight to uphold their Right to Work for all of Wisconsin’s civil servants who want nothing to do with union bosses’ so-called ‘representation’,» said Mark Mix, President of National Right to Work. «With the help of the National Right to Work Foundation, these workers are prepared to withstand Big Labor’s all-out assault to restore its forced-dues privileges over Wisconsin’s public workers.»

Verizon Employee Files Federal Charge Against CWA Union Officials for Ignoring Her Rights

Workers refused to abandon job during highly-publicized strike but Verizon continues to illegally seize union dues from her paycheck

Newport News, VA (October 3, 2011) – In the wake of the recent Communications Workers of America (CWA) union-boss instigated strike that grabbed national headlines, a Newport News, Virginia Verizon (NYSE: VZ) worker has filed federal charges against the union and company for violating her rights.

With free legal assistance from National Right to Work Foundation attorneys, Williamsburg resident Monika Cassell filed unfair labor practice charges against the CWA union, its Local 2205, and Verizon for ignoring her right to refrain from paying union dues.

Upset by the CWA union officials’ order to strike, and desiring to continue working to provide for their families, Cassell and other Verizon employees resigned from the union and revoked their dues deduction authorizations – a document used by union officials to automatically collect dues from employees’ paychecks – while the union did not have a contract at their workplaces.

Under Virginia’s popular Right to Work law, no worker can be required to join or pay any money to a union; and under federal labor law, employees can revoke their dues deduction authorizations once a contract terminates.

Read the entire release here.

Newport News, VA (October 6, 2011) – In the wake of the recent Communications Workers of America (CWA) union-boss instigated strike that grabbed national headlines, a Newport News, Virginia Verizon (NYSE: VZ) worker has filed federal charges against the union and company for violating her rights.

With free legal assistance from National Right to Work Foundation attorneys, Williamsburg resident Monika Cassell filed unfair labor practice charges against the CWA union, its Local 2205, and Verizon for ignoring her right to refrain from paying union dues.

Upset by the CWA union officials’ order to strike, and desiring to continue working to provide for their families, Cassell and other Verizon employees resigned from the union and revoked their dues deduction authorizations – a document used by union officials to automatically collect dues from employees’ paychecks – while the union did not have a contract at their workplaces.

Under Virginia’s popular Right to Work law, no worker can be required to join or pay any money to a union; and under federal labor law, employees can revoke their dues deduction authorizations once a contract terminates.

However, Verizon continues to confiscate full union dues payments from the workers’ paychecks despite their attempts to opt out. And, CWA union officials continue to demand that Verizon keep taking union dues from the workers’ pay.

Cassell’s charges also challenge the CWA union’s dues deduction authorizations because those authorizations do not allow employees to revoke them when no contract is in effect, as federal law requires. Instead, Verizon is forcing the employees to pay full union dues for at least another year – the one-year anniversary of a new contract between the company and the CWA.

«Apparently at the behest of CWA union bosses, Verizon is refusing to honor Monika Cassell’s legally protected right to resign her union membership and cut off union dues,» said Mark Mix, President of National Right to Work. «It is indefensible that workers who resigned their union membership and continued to work to support their families in defiance of the CWA-ordered strike are now having their rights violated by company and union officials.»

Polk County, TN (October 3, 2011) – With free legal assistance from the National Right to Work Foundation, a Tennessee public school teacher has won a full refund of union dues from the Polk County Education Association (PCEA), Tennessee Education Association (TEA), and National Education Association (NEA) unions. The settlement results from a 2003 complaint filed in state court by Dewey Esquinance, who wished to become a member of the PCEA to participate in negotiations over his wages and working conditions without supporting the union’s political activities.

After a Polk County Circuit Court dismissed the case in 2004, the Tennessee Court of Appeals reversed that ruling and remanded the case back to the circuit court for further deliberations. Rather than go to trial, union lawyers later offered Esquinance a full dues refund, plus interest.

When the original complaint was filed, nonunion teachers at unionized schools were not permitted to vote on contracts between the union and their employer and therefore had no say over their wages and working conditions. After Esquinance joined the PCEA, however, he learned that most union members’ dues were funneled to the TEA and the NEA, the union’s state and national affiliates. These dues were then used to support a variety of political causes Esquinance found objectionable, including financial contributions to the American Civil Liberties Union and the National Organization for Women.

Last summer, Tennessee state law was amended to abolish monopoly union bargaining for public school teachers, which prevented nonunion educators from having a voice at their workplace. As a result, Esquinance and other teachers like him no longer have to join a union to participate in negotiations over their wages and working conditions.

Despite these reforms, Esquinance continued to pursue his lawsuit against the PCEA and the TEA to recover the dues union officials had spent on political activities he found objectionable.

“We’re happy to report that Dewey Esquinance’s dues will finally be returned to their rightful owner,” said Mark Mix, President of the National Right to Work Foundation. “Nonunion teachers shouldn’t have to join a union or financially support controversial political activism just to have a say in their workplace, which is why this settlement is a victory for Tennessee educators.”

Worker Advocate Challenges Obama Labor Board Overreach in Federal Court

National Right to Work Foundation attorneys fight Labor Board’s decision to promote monopoly unionism in virtually every workplace in America

Washington, DC (September 16, 2011) – Today, National Right to Work Foundation attorneys filed a federal lawsuit challenging the National Labor Relations Board’s (NLRB) new rules governing the notification of employee rights in the workplace.

The new rules require every employer to post incomplete information about employee rights online and in the workplace, even if they’ve never committed a violation or been accused of unfair labor practices. However, these rules do not require union officials to issue information about workers’ rights to refrain from union membership or opt out of union dues. Until the rule changes, which were implemented in late August, employers were required to post notices of workers’ rights only if a violation of labor law occurred.

National Right to Work Foundation attorneys believe the NLRB has exceeded its authority granted by Congress and violated free speech guarantees of the First Amendment. Attorneys from the National Federation of Independent Business are challenging the new rule in the same complaint on behalf of two member businesses, Southeast Sealing, Inc. and Lehigh Valley Racquet and 24/7 Fitness Clubs.

Read the entire release here.

Washington, DC (September 16, 2011) – Today, National Right to Work Foundation attorneys filed a federal lawsuit challenging the National Labor Relations Board’s (NLRB) new rules governing the notification of employee rights in the workplace.

The new rules require every employer to post incomplete information about employee rights online and in the workplace, even if they’ve never committed a violation or been accused of unfair labor practices. However, these rules do not require union officials to issue information about workers’ rights to refrain from union membership or opt out of union dues. Until the rule changes, which were implemented in late August, employers were required to post notices of workers’ rights only if a violation of labor law occurred.

National Right to Work Foundation attorneys believe the NLRB has exceeded its authority granted by Congress and violated free speech guarantees of the First Amendment. Attorneys from the National Federation of Independent Business are challenging the new rule in the same complaint on behalf of two member businesses, Southeast Sealing, Inc. and Lehigh Valley Racquet and 24/7 Fitness Clubs.

Under the National Labor Relations Act (NLRA), the NLRB administers union certification and decertification elections and adjudicates cases when workers, employers, or union officials file unfair labor practice charges against either unions or companies. However, the NLRB is now forcing its way into as many as six million private-sector workplaces by inventing out of whole cloth a new unfair labor practice without Congressional approval. And anyone can file the unfair labor practice charge – not just the company’s employees.

No other federal agency has ever made it unlawful to fail to post a notice that wasn’t required by Congress. Any job provider that fails to post the biased notice could find itself forced into a lengthy and costly legal battle. And as a result, Mom and Pop shops, small businesses, larger companies – even some religiously-affiliated organizations – are now under the Obama Labor Board’s microscope and will feel the pressure to hand over their employees to forced unionism.

«Under these new rules, employers are essentially weaponized against workers,» said Mark Mix, President of National Right to Work. «This ‘divide and conquer’ strategy should erase all doubt that the biased and ideologically-charged Obama Labor Board has turned into an organizing tool for Big Labor set to do one thing: force more workers into paying union dues to keep their jobs.»

«The National Right to Work Legal Defense Foundation is uniquely qualified to demonstrate that this one-sided rule is nothing more than yet another attempt by the Obama NLRB to force more workers into union ranks and stifle the rights of employees who want nothing to do with a union.»

California State Employees Lay Out Class-Action Lawsuit before Supreme Court

Court to review Ninth Circuit decision requiring California state employees to contribute to union political fund

Washington, DC (September 14, 2011) – National Right to Work Foundation attorneys filed the initial brief with the United States Supreme Court, which is reviewing a Ninth Circuit Court of Appeals ruling that forced nonunion California state employees to fund union officials’ political activism.

Foundation attorneys, who are litigating the case, filed the brief Monday for the eight California civil servants who initiated a class-action lawsuit against the California State Employee Association (CSEA) union, an affiliate of the Service Employees International Union (SEIU).

In 2005, CSEA union officials imposed a «special assessment» to raise money from all represented state employees for a union political fund, regardless of their membership status. The political fund was used to defeat several ballot proposals, including one that revoked public employee unions’ special privilege of using forced fees for political contributions unless an employee consents. Employees who refrained from union membership were given no chance to opt out of the CSEA union’s political fund.

Read the entire release here.