Worker Files Brief Defending Rights in Teamster Union Discrimination Federal Appeal
Denver, CO (November 23, 2011) – An Interstate Bakeries employee from Ponca City, Oklahoma has filed a brief in federal court asking the court to uphold repeated decisions in his favor against Teamster union workplace discrimination.
With continued free legal aid from the National Right to Work Foundation, Interstate Bakeries employee Kirk Rammage filed the brief Wednesday with the U.S. Court of Appeals for the Tenth Circuit.
Rammage was the single nonunion sales representative with Dolly Madison for over 15 years before his division was merged in 2005 with Wonder Bread/Hostess. Although the company initially wanted to retain Rammage and protect his seniority during the merger, Teamsters Local 523 union bosses demanded that union members receive preferential treatment, putting Rammage at the bottom of the seniority roster despite his workplace tenure. The company later caved into the union bosses’ demand.
At Interstate Bakeries, seniority increases employees’ chances of securing desirable sales routes. By insisting that Rammage lose his seniority, Teamster officials effectively signaled that union workers took priority over their nonunion colleagues. As a result, Rammage was forced to commute to a new work location more than 70 miles away.
After Rammage filed federal charges against the union, the National Labor Relations Board (NLRB) – a federal agency charged with administering private sector labor law – ruled against a Teamster workplace policy that discriminated against nonunion workers. The U.S. Court of Appeals for the Tenth Circuit upheld the NLRB’s decision. Those rulings were later nullified by the U.S. Supreme Court on the grounds that the Board lacked a three member quorum at the time of the decision.
The Court of Appeals for the Tenth Circuit then remanded the case to the NLRB. Once the Board had a quorum, the NLRB revisited the facts of the case and again concluded that Teamster officials broke the law by discriminating against employees based on their union representation status.
Teamster union lawyers are now appealing the NLRB’s most recent decision back to the Court of Appeals for the Tenth Circuit.
«Teamster bosses are using any means necessary to discriminate against a nonunion worker because he had the temerity not to associate with their union,» said Patrick Semmens, Legal Information Director for the National Right to Work Foundation. «Teamster union bosses apparently need to be told time and time again that they need to respect all workers’ rights, including those workers who want nothing to do with the union bosses’ so-called representation.»
Auto Parts Manufacturing Workers Force Out Unwanted Union
Long Island, NY (November 9, 2011) – A group of automobile parts manufacturing workers have forced out an unwanted union despite the union and the company trying to keep the workers under union control.
With free legal aid from the National Right to Work Foundation, Sterling Instruments, Inc. worker Charlie Shannon filed unfair labor practice charges for himself and his coworkers against the International Union of Electronic, Electrical, Salaried, Machine, and Furniture Workers-Communications Workers of America (IUE-CWA) Local 463 union. He also filed a decertification petition to force out the union.
In his charges, Shannon asked the National Labor Relations Board (NLRB) to halt an unpopular local union from forcing its representation on him and his colleagues after all but one of them signed a petition to remove the unwanted union from their workplace.
Despite no longer enjoying majority support from the employees, IUE-CWA Local 463 union officials unlawfully continued to negotiate a new monopoly bargaining agreement with Sterling Instruments.
IUE-CWA union and company officials even went so far as to sign a one-page document that simply stated the workers were getting two percent pay raises for the next three years, then claimed the new agreement invalidated the employees’ decertification petition even though 22 of the 23 employees covered in the union monopoly agreement had resigned their union membership.
After investigating Shannon’s initial charges, the NLRB regional office in Brooklyn indicated that IUE-CWA Local 463 union officials illegally collected forced union dues payments from the workers because the contract’s forced-dues clause with the company was not valid. The union then announced it no longer claimed to represent the employees. The workers are now seeking a refund of the dues illegally seized from their paychecks, plus interest.
«This case is an example of how federal labor law works against workers who want nothing to do with a union,» said Mark Mix, President of National Right to Work. «These employees, and all American workers, should be free to negotiate their own terms and conditions of employment, and be rewarded on their individual merit, if they so choose.»
«These courageous workers have successfully stood up against the old-school style of mafia-like forced unionism, but thousands more workers in the Empire State are forced to pay dues and accept the so-called representation of an unwanted union,» added Mix. «Instances like these prove that New York desperately needs Right to Work protections for its workers.»
News Release: Worker Advocate Offers Legal Aid to Charlotte Employees Discriminated Against during Democrat Convention
Worker Advocate Offers Legal Aid to Charlotte Employees Discriminated Against during Democrat Convention
Media reports suggest nonunion workers may be ordered off their jobs to satisfy demands of Organized Labor
Charlotte, NC (November 9, 2011) – The National Right to Work Legal Defense Foundation, which helps victims of forced unionism, is offering free legal aid to workers who refrain from union membership and may be ordered off their jobs or prevented to work during the 2012 Democratic National Convention scheduled for August 2012 in Charlotte.
In response to media reports, the Right to Work Foundation is offering free legal assistance for nonunion Time Warner Cable Arena, surrounding venue, local hotel, and other area workers who may lose work in favor of unionized workers in the lead up to and during the convention.
Discriminating against workers who exercise their right to refrain from union membership is a clear violation of North Carolina’s Right to Work law and the federal National Labor Relations Act.
Worker Advocate Offers Legal Aid to Charlotte Employees Discriminated Against during Democrat Convention
Charlotte, NC (November 9, 2011) – The National Right to Work Legal Defense Foundation, which helps victims of forced unionism, is offering free legal aid to workers who refrain from union membership and may be ordered off their jobs or prevented to work during the 2012 Democratic National Convention scheduled for August 2012 in Charlotte.
In response to media reports, the Right to Work Foundation is offering free legal assistance for nonunion Time Warner Cable Arena, surrounding venue, local hotel, and other area workers who may lose work in favor of unionized workers in the lead up to and during the convention.
Discriminating against workers who exercise their right to refrain from union membership is a clear violation of North Carolina’s Right to Work law and the federal National Labor Relations Act.
The Foundation encourages workers to learn about their rights and request free legal advice and aid at its website: www.nrtw.org.
«It appears Big Labor officials and the Democratic Party are preparing to commit violations of North Carolina’s popular Right to Work law and federal law,» said Mark Mix, President of the National Right to Work Foundation. «Despite Democratic officials’ rhetoric about jobs, it appears they plan to force workers off the job to appease their Big Labor benefactors»
«Not only is this outrageous, it is illegal,» added Mix. «Workers who feel their rights may be violated are encouraged to contact the National Right to Work Foundation for legal assistance.»
News Release: Coca-Cola Worker Wins Thousands in Settlement After Union Bosses Illegally Had Him Fired
Coca-Cola Worker Wins Thousands in Settlement After Union Bosses Illegally Had Him Fired
Incident shows Pennsylvania’s workers desperately need Right to Work protections
Houston, PA (November 4, 2011) – A Coca-Cola employee has won a settlement for over $4,000 with free legal assistance from the National Right to Work Foundation.
Keith Smiesko of Saxonburg won $3,356.46 from Teamster Local 585 union officials and $819.54 from Coca-Cola after he was illegally fired from his job for exercising his rights under the Foundation-won Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership.
Earlier this year, Teamster Local 585 union officials ordered Smiesko – who had refrained from full union membership and dues payments – to immediately pay full union dues for the previous three years along with additional union initiation fees without ever notifying him that he was being charged for their so-called "representation." Union officials illegally threatened Smiesko with job termination if he did not pay.
Smiesko refused to pay, and Teamster Local 585 union officials demanded that Coca-Cola fire him. Coca-Cola complied with the union bosses’ demand.
Coca-Cola Worker Wins Thousands in Settlement After Union Bosses Illegally Had Him Fired
Houston, PA (November 4, 2011) – A Coca-Cola employee has won a settlement for over $4,000 with free legal assistance from the National Right to Work Foundation.
Keith Smiesko of Saxonburg won $3,356.46 from Teamster Local 585 union officials and $819.54 from Coca-Cola after he was illegally fired from his job for exercising his rights under the Foundation-won Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership.
Earlier this year, Teamster Local 585 union officials ordered Smiesko – who had refrained from full union membership and dues payments – to immediately pay full union dues for the previous three years along with additional union initiation fees without ever notifying him that he was being charged for their so-called "representation." Union officials illegally threatened Smiesko with job termination if he did not pay.
Smiesko refused to pay, and Teamster Local 585 union officials demanded that Coca-Cola fire him. Coca-Cola complied with the union bosses’ demand. With Foundation assistance, Smiesko then filed federal unfair labor practice charges against the union and company with the National Labor Relations Board (NLRB) regional office in Pittsburgh.
In addition to the monetary settlement, Smiesko was reinstated to his job with Coca-Cola, and union and company officials agreed to post a notice in the workplace for workers who may want to exercise their Foundation-won rights to refrain from full-dues-paying union membership.
"No worker should ever be extorted by union bosses to join or pay dues to a union in order to get or keep a job," said Mark Mix, President of National Right to Work. "Pennsylvania desperately needs Right to Work protections for its workers to strip from union bosses the power to compel workers to give up some of their hard-earned money in order to provide for their families."
Despite the Court precedent in Beck, union bosses can still force workers who refrain from formal union membership to pay part of union dues because Pennsylvania does not have a Right to Work law. However, workers cannot be compelled to pay the portion of union dues used for the union’s political, lobbying, and member-only activities.
If enacted, a Right to Work law would end compulsory union dues by making union membership and dues payment strictly voluntary. Polls consistently show that 8 in 10 Americans support the Right to Work principle. Twenty-two states have already passed Right to Work protections for their workers.
News Release: Auto Parts Manufacturing Workers Seek to Disassemble Unpopular Union Boss Bargaining Powers
Auto Parts Manufacturing Workers Seek to Disassemble Unpopular Union Boss Bargaining Powers
Labor board investigation throws wrench into case, finds union contract with company illegal
Long Island, NY (November 1, 2011) – A Levittown automobile parts manufacturing worker is asking the National Labor Relations Board (NLRB) to halt an unpopular local union from forcing its representation on him and his colleagues.
With free legal assistance from the National Right to Work Foundation, Charlie Shannon filed unfair labor practice charges for himself and his coworkers against the International Union of Electronic, Electrical, Salaried, Machine, and Furniture Workers-Communications Workers of America (IUE-CWA) Local 463 union.
IUE-CWA Local 463 union officials no longer enjoy majority support from the employees after a majority of them signed a petition to remove the unwanted union from their workplace. However, union officials unlawfully continue to negotiate a new monopoly bargaining agreement with the employer, Sterling Instruments, Inc.
After investigating the matter, the NLRB regional office in Brooklyn found that IUE-CWA Local 463 union officials were illegally demanding forced union dues payments from the workers because the contract’s forced-dues clause with the company was not valid.
Auto Parts Manufacturing Workers Seek to Disassemble Unpopular Union Boss Bargaining Powers
Long Island, NY (November 1, 2011) – A Levittown automobile parts manufacturing worker is asking the National Labor Relations Board (NLRB) to halt an unpopular local union from forcing its representation on him and his colleagues.
With free legal assistance from the National Right to Work Foundation, Charlie Shannon filed unfair labor practice charges for himself and his coworkers against the International Union of Electronic, Electrical, Salaried, Machine, and Furniture Workers-Communications Workers of America (IUE-CWA) Local 463 union.
IUE-CWA Local 463 union officials no longer enjoy majority support from the employees after a majority of them signed a petition to remove the unwanted union from their workplace. However, union officials unlawfully continue to negotiate a new monopoly bargaining agreement with the employer, Sterling Instruments, Inc.
After investigating the matter, the NLRB regional office in Brooklyn found that IUE-CWA Local 463 union officials were illegally demanding forced union dues payments from the workers because the contract’s forced-dues clause with the company was not valid. Additionally, union officials never informed workers of their National Right to Work Foundation-won rights to refrain from full-dues-paying union membership and from paying for union boss political activities or member-only events.
The workers are seeking a refund of the dues illegally seized from their paychecks, plus interest.
Despite the charges, union bosses remain deaf to the happenings on the ground level and are threatening to call a strike against the company, even though numerous employees have already resigned their union membership.
«These workers have made it clear: They want nothing to do with the union,» said Mark Mix, President of National Right to Work. «These employees, and all American workers, should be free to negotiate their own terms and conditions of employment, and be rewarded on their individual merit, if they so choose.»
«Union bosses will stop at nothing for forced union dues, including exercising illegal bargaining powers over the workers,» added Mix. «It’s cases like these that prove that New York desperately needs Right to Work protections for its workers.»
Worker Advocate Files Motion in Federal Labor Board Posting Notice Case
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.
Worker Advocate Files Motion in Federal Labor Board Posting Notice Case
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.»