Detroit, Mich. (June 13, 2003) – Facing stiff opposition from workers at a major Johnson Controls, Inc. (JCI) facility in Athens, Tennessee, United Auto Workers (UAW) union organizers have abandoned current efforts to impose union representation. According to National Right to Work Foundation sources, union operatives only obtained signatures from 10 percent of the employees at the plant.

Last year, pressured by UAW officials, crippling strikes, and the “Big Three” auto makers, JCI signed a so-called “neutrality agreement” that requires the major supplier to assist substantially in efforts to unionize the employees of its 26 non-union facilities across America. This effort includes “captive audience” speeches, waiver of secret ballot elections, and the turnover of employees’ personal information to the UAW.

Nevertheless, the Athens JCI workers were reported to be openly hostile to any notion of unionization. In meetings JCI conducted, employees even donned homemade t-shirts saying “UAW-Union Ain’t Wanted.”

While the Athens JCI employees’ repudiation in recent days is a setback to the UAW union’s ongoing efforts to expand control over workers employed by auto industry suppliers, the union is rolling out its program at other JCI facilities as well as those of other companies, such as Magna-Donnelly, and Freightliner.

“Since employees are increasingly rejecting union membership when given a choice through secret ballot elections, Big Labor is now enlisting companies to help bully workers into accepting compulsory unionism,” said Stefan Gleason, Vice President of the National Right to Work Foundation, which is providing free legal assistance to employees of JCI and other companies who are concerned that their freedom of association is in jeopardy.

As part of the “neutrality agreement” union organizers were given full access to non-union employees’ personal information and company facilities. After obtaining employees’ names, addresses, and phone numbers, union organizers conducted home visits and other initiatives to obtain signatures on union authorization cards. Workers have reported harassment from union officials both on and off the job.

Also under the JCI-UAW “neutrality agreement,” non-union employees have been forced to attend “captive audience” speeches in which they are told that, if they do not support the union’s organizing effort, they could risk losing potential job opportunities.

As part of the agreement, JCI workers are denied the ability to reject unionization through a secret ballot election, and union operatives are allowed to sign up workers under a “card check” authorization scheme. Had UAW officials been able sign up a majority of the workers at the Athens plant, then JCI would have declared the union as the exclusive representative of all the workers, even those who did not sign a card. However, the workers now report that UAW operatives have packed their bags and left the Athens plant.

Orlando, FL (June 10, 2003) — A three-year religious liberty battle and federal civil rights lawsuit between an individual employee and the International Association of Machinists (IAM) Local 610 has come to an end according to court records.

Robert Beers, an employee at Lockheed Martin’s Cape Canaveral Air Force Station facility, faced threats by union officials that he would be fired from his job (and lose his health insurance while his teenage son was in cancer treatment) unless he paid fees to a union that he believed is deeply involved in activities that violate his sincerely held religious convictions.

After the Equal Employment Opportunity Commission (EEOC) announced its agreement that the union had violated federal law, National Right to Work Foundation attorneys filed the federal suit on Beers’ behalf in the United States District Court for the Middle District of Florida against IAM Local 610.

“For years IAM union officials have been unfairly persecuting Robert Beers because he put his faith ahead of their radical agenda,” said Stefan Gleason, Vice President of the National Right to Work Legal Defense Foundation. “No one should be forced to sacrifice their faith in order to keep their job.”

Beers’ sincerely held religious beliefs prevented him from supporting the union’s militant ideological agenda, particularly its support for abortion and homosexuality, which he believes are forbidden by the Bible. He asserted his right as a religious objector under Title VII of the Civil Rights Act of 1964 to refrain from union activities and withhold the payment of union dues, offering instead to send his union dues to a mutually agreed-upon charity.

Union officials refused his request and wrote Beers they would have him fired from his job.

Beers originally filed the religious discrimination charges against the union in the fall of 2000 with the EEOC. The EEOC found in his favor and attempted to persuade the union’s officials to agree to a settlement. However, IAM Local 610’s lawyers thumbed their noses at the EEOC offer and continued to oppose Beers’ religious objection, forcing him to file suit in federal court.

When contacted, Beers reported that he has now been provided a religious accommodation by the union. That accommodation is that he is not required to support the union.

Even though Florida has a Right to Work law allowing employees to cut off dues payments to unwanted unions, Cape Canaveral is considered a “federal enclave” subject to provisions in federal labor law granting union officials the power to collect union dues from non-religious objectors as a job condition.

Honolulu, Hawaii (June 9, 2003) — In response to a federal civil rights complaint brought by attorneys with the National Right to Work Foundation, the U.S. District Court for the District of Hawaii has ordering the University of Hawaii Professional Assembly (UHPA) union to stop collecting agency fees from non-union members.

The injunction comes in a federal class-action lawsuit, Swanson v. UHPA, originally filed last August on behalf of Sandra Swanson, an instructor at Maui Community College. In January, the federal lawsuit was certified as a class action, allowing 625 non-union members of the University of Hawaii to challenge the money confiscated for politics and other activities by UHPA union officials.

Judge Helen Gillmore issued the injunction, which prevents the UHPA from collecting agency fees from all non-union members of the University of Hawaii until the union officials can prove they are not spending non-members’ agency fees on activities not directly related to collective bargaining.

“For years UHPA union officials have been trying to get away with hiding how they spend teachers’ money,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “This injunction is a step toward getting them to shape up and start respecting teachers’ rights.”

Since August 2000, the UHPA and its national affiliate, the National Education Association (NEA), have demanded that all non-members pay an agency fee equal to the cost of full union dues. The union hierarchy never observed employees’ due process rights, including failing to provide an independent audit of the union’s books and records to ensure that objecting employees are not subsidizing non-collective bargaining activities.

Under the First Amendment of the U.S. Constitution, as interpreted in the Foundation-won Supreme Court decision in Chicago Teachers Union v. Hudson, union officials must provide independently audited disclosure of their books and justify expenditures made from forced union dues seized from teachers who have chosen to refrain from union membership.

According to the constitutional protections construed by the U.S. Supreme Court in the Foundation-won decisions of Abood v. Detroit Board of Education and Lehnert v. Ferris Faculty Association, the union may only collect compulsory dues that are spent on collective bargaining activity. Politics, lobbying, organizing, public relations, and other non-bargaining activities are explicitly non-chargeable to objecting employees who have exercised their right to refrain from union membership.

New Orleans, La. (June 5, 2003) – Five United Parcel Service (UPS) employees today filed federal charges against the Teamsters union for refusing to honor their membership resignations while continuing to illegally seize union dues from their paychecks. The employees are challenging a provision of the recently finalized collective bargaining agreement that requires UPS supervisors to “encourage” employees in Right to Work states to join the union despite clear law that prohibits such coercion.

With the help of attorneys with the National Right to Work Foundation, the five non-union employees filed the unfair labor practice charges with the National Labor Relations Board (NLRB) against the Teamsters Union Local 270. The NLRB is responsible for investigating the charges and will decide whether to prosecute the union for unfair labor practices.

“Teamsters union officials’ actions show they only care about stuffing their coffers with union dues rather than respecting the wishes of rank-and-file employees they claim to represent,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

In December, the five employees – Danny Mitchell, Lowell Mayo, Jason Oliver, Arlyn Bonano, and Allen Stall – resigned their memberships from the union and revoked their dues deduction authorizations. Teamsters union officials flatly ignored their resignations and continued illegally to seize full union dues from the workers.

Mitchell and the other workers are asking the NLRB to force the Teamsters union officials to honor their resignations and dues revocations. They seek an order forcing the union hierarchy to return any money that has been illegally confiscated from the workers since December.

In the charges, the workers are also challenging a contract provision requiring UPS officials in Right to Work states to tell new employees that they should become full dues-paying union members. The National Labor Relations Act prohibits employers from supporting unions and coercing employees into joining them.

In addition to running afoul of federal statutes, the agreement also violates the spirit of Louisiana’s popular Right to Work law. A state Right to Work law frees workers from being forced to join or to pay union dues or fees as a condition of employment.

Salt Lake City, Utah (June 4, 2003) – Threatened with losing their jobs simply because they had rejected unionization, over thirty Salt Lake City area workers are appealing a preliminary decision by a National Labor Relations Board (NLRB) regional office that whitewashes actions by union officials and a conglomerate of port employers to transfer Utah-based jobs to unionized marine clerks on the West Coast.

With the help of attorneys with the National Right to Work Foundation, over thirty non-union employees of Stevedoring Services of America (SSA) are filing an appeal in Washington, DC with NRLB General Counsel Arthur Rosenfeld. Unless Rosenfeld issues a complaint, the employees will likely lose their jobs simply because they chose to refrain from union representation.

Despite the fact that the employees’ case was based on well-established law, the NLRB regional office dismissed the unfair labor practice charges last month. Last February, several members of Utah’s Congressional delegation, including Senator Hatch, Senator Bennett, and Representative Cannon, urged the NLRB to take quick action to protect the employees.

“Now is the time for NRLB General Counsel Arthur Rosenfeld to step up and protect these workers from another blatant union power grab,” stated Stefan Gleason, Vice President of the National Right to Work Foundation. “It is wrong for employees to lose their jobs because they exercised their freedom of association.”

In November 2002, with the help of attorneys from the National Right to Work Legal Defense Foundation, the workers filed charges with the NLRB against the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association (PMA) for making an agreement that would require SSA to eliminate jobs at its non-union Salt Lake City facility.

The employees are responsible for tactical management of day-to-day activities and perform computerized planning work over the company’s rail, yard, and vessel functions. By insisting that this planning work instead be performed at new facilities at the ports staffed by unionized “marine clerks” rather than non-union employees, ILWU and PMA officials violate the employees’ right to refrain from unionization under federal law and Utah’s Right to Work Law. If allowed to stand, the NRLB’s decision solidifies union control over vital jobs performed by non-union employees.

Control over the clerk jobs was a top bargaining priority for the union hierarchy, whose actions sparked a $2-billion-a-day shutdown of West Coast ports last Fall. Before the 10-day lockout in October, the ILWU hierarchy employed a variety of work slowdown tactics, including deliberately understaffing key operations and sending workers to jobs for which they were not qualified, which made it impossible for the ports to function.

“The shutdown of West Coast ports was a naked attempt to exploit an economic crisis for the purpose of increasing union coercive power at the expense of workers,” said Gleason. “Unfortunately, this is not an isolated incident. Union bosses have a long history of using economic and wartime crises to grab power.”

San Diego, Calif. (May 15, 2003) — With the help of the National Right to Work Legal Defense Foundation, an employee of Raytheon Technical Services Company filed charges against union officials for refusing to honor her resignation from the union, threatening her with internal union “disciplinary” charges, and illegally fining her $3,300.

The employee, Diana Huynh, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against the Electronic and Space Technicians (EST) Local 1553 and its affiliate, the Southwest Regional Council of Carpenters (SWRCC). The NLRB is responsible for investigating the charges and will decide whether to prosecute the union for unfair labor practices.

“This is a clear case of union bosses trampling the rights of the workers they claim to represent,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

The case began in August 2002, when Huynh notified EST and SWRCC union officials of her resignation from the union. EST Local 1553 officials claimed to accept her resignation, but nevertheless threatened to “discipline” Huynh. In an attempt to further harass Huynh, on April 28, union officials told her that as a penalty she was being fined $3,300 and her membership is “subject to suspension.”

Since Huynh is a non-member, it is illegal for EST and SWRCC union officials to impose a fine on her or threaten her with other disciplinary action. The actions of EST and SWRCC union officials violate the workers’ rights established by the U.S. Supreme Court’s Pattern Makers v. NLRB decision.

“Unfortunately, this is not an isolated incident at this facility,” stated Gleason. “Union officials have been violating the rights of these workers for years.”

In September 2002, two other employees of Raytheon Technical Services, Michael Adams and Brent Bull, filed charges against EST and SWRCC officials for refusing to honor their resignations from the union, and for threatening them with internal union “disciplinary” charges. In response to these charges, filed with the help of National Right to Work Foundation attorneys, the NLRB issued a formal complaint against the unions, and set a trial date in that case for August 11, 2003.

Salt Lake City, Utah (May 6, 2003) – The Denver Regional Office of the National Labor Relations Board (NLRB) today refused to intervene and protect over thirty Salt Lake City area employees of Stevedoring Services of America (SSA) from losing their jobs in retaliation for refraining from union representation.

In November 2002, with the help of attorneys from the National Right to Work Legal Defense Foundation, the workers filed charges with the NLRB against the International Longshore and Warehouse Union (ILWU) and Pacific Maritime Association (PMA) for demanding that SSA take jobs away from its non-union employees at a Salt Lake City facility.

Despite the fact that the employees’ case was based on well-established law, the NLRB office today released a letter dismissing the charges. Foundation attorneys plan to file an appeal with NLRB General Counsel Arthur Rosenfeld.

“The shutdown of West Coast ports was a naked attempt to exploit an economic crisis for the purpose of increasing union coercive power at the expense of workers,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Unfortunately, this is not an isolated incident. Union bosses have a long history of using economic and wartime crises to grab power.”

Control over the clerk jobs was a top bargaining priority for the union hierarchy, whose actions sparked a $2-billion-a-day shutdown of West Coast ports last Fall. Before the 10-day lockout in October, the ILWU hierarchy employed a variety of work slowdown tactics including deliberately understaffing key operations and sending workers to jobs for which they were not qualified, which made it impossible for the ports to function.

Last February, several members of Utah’s Congressional Delegation, including Senator Hatch, Senator Bennett, and Representative Cannon, urged the NLRB to take quick action.

“Now is the time for NRLB General Counsel Arthur Rosenfeld to step up and protect these workers from being the victim of another blatant union power grab,” stated Gleason.

The employees are responsible for tactical management of day-to-day activities and perform computerized planning work over the company’s rail, yard, and vessel functions. By insisting that this planning work instead be performed at new facilities at the ports staffed by unionized “marine clerks” rather than non-union employees, ILWU and PMA officials are in violation of the employees’ right to refrain from unionization under federal law and Utah’s Right to Work Law. If allowed to stand, the NRLB’s decision solidifies union control over vital jobs performed by non-union employees.

Chattanooga, Tenn. (May 5, 2003) — Responding to charges brought by an employee of Van Heusen Company, the National Labor Relations Board (NLRB) forced Teamsters Local Union 515 to eliminate key contract provisions that violated the rights of non-union employees.

Enjoying free legal aid from attorneys with the National Right to Work Legal Defense Foundation, Sheila Elliot filed unfair labor practice charges against the Teamsters union.

As part of their contract with Van Heusen, Teamsters officials required the company to encourage all associate employees to become and remain full union members – despite the existence of Tennessee’s Right to Work law. Teamsters Local Union 515 officials attempted to use the clause to force workers into joining the union and to waive their right to refrain from union activities.

“This settlement will give Elliot, and her coworkers, the freedom to decide for themselves if they want to join the union, without being forced into it by Teamsters union bosses,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “It is clear union officials were using these tactics to try and get around Tennessee’s Right to Work law.”

Under the state’s highly popular and effective Right to Work law, non-union employees are freed from paying membership dues to an unwanted union as a condition of employment.

In an attempt to undermine Right to Work laws around the country, Teamsters union officials are enlisting companies to help them pressure workers into joining the union. Employees laboring in America’s 22 Right to Work states have the right to refrain from union affiliation without interference from officials of a union or an employer.

“Teamsters officials wrote this agreement as a direct assault on Right to Work laws around the country,” stated Gleason. “As more workers enjoy the benefits of a Right to Work law, union bosses are turning to more strong-arm tactics to take away their freedoms.”

San Francisco, Calif. (May 2, 2003) — An employee of Swissport Corporation filed federal charges against officials of a local machinists union for illegally delaying the efforts of workers in the course of a successful election to strip the union hierarchy of its power to get employees fired for refusal to pay union dues.

Enjoying free legal aid provided by the National Right to Work Legal Defense Foundation, Kirk Williams, a non-union member at Swissport, filed the unfair labor practice charges with the National Labor Relations Board (NLRB) against the International Association of Machinists (IAM) union District Lodge 190, Local 1414.

“This is a clear example of union bosses doing everything they can to try and keep workers in the grasp of compulsory unionism,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

Last October, Swissport employees voted by a margin of 212-11 in the NLRB-supervised deauthorization election to remove the mandatory dues provision in the collective bargaining agreement with IAM union District Lodge 190, Local 1414. Despite the overwhelming vote, however, the IAM and its lawyers tried to overturn the election on the grounds that Swissport illegally intervened. The NLRB rejected all of the union’s claims as unsubstantiated.

Williams decided to seek the deauthorization election after becoming frustrated that IAM union officials were indifferent to the needs of the rank-and-file.

To trigger the deauthorization election, Williams needed to obtain signatures from at least 30 percent of his coworkers. Once that occurred, an absolute majority of workers in the bargaining unit had to vote “yes.” This requirement for an absolute majority established by the National Labor Relations Act is more difficult for employees to attain than the standard for certifying or decertifying a union, which requires only a majority of those actually voting.

Though federal law still denies the employees their right to bargain with their employer individually on their own merits, IAM union officials may no longer compel Swissport employees to pay for unwanted union representation.

Chula Vista, Calif. (May 1, 2003) — Responding to charges brought by two employees of Raytheon Technical Services, the National Labor Relations Board (NLRB) will prosecute the Electronic and Space Technicians (EST) Local 1553 and its affiliate, the Southwest Regional Council of Carpenters (SWRCC) for unfair labor practices.

Enjoying free legal aid from the National Right to Work Foundation, Michael Adams and Brent Bull filed the charges against EST and SWRCC union officials for refusing to honor their resignations from the union, and for threatening them with internal union “disciplinary” charges. The NLRB has set a trial date for August 11, 2003.

“Unfortunately, this is not an isolated incident. Union bosses routinely trample the rights of workers they claim to represent,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “No one should be forced to pay compulsory dues to a union, especially when its officials continually abuse that federally granted special privilege.”

As part of their charges, Bull and Adams, and sixteen other employees, also allege that union officials never properly informed any of the workers at the facility of their rights to refrain from formal, full-dues-paying union membership. The workers are also demanding the union drop its “disciplinary” charges, and properly inform workers of their rights.

“This shows that union bosses are more concerned with keeping workers in line rather than actually respecting the rights of the workers they are supposed to be protecting,” said Gleason.

EST and SWRCC union officials’ actions violated the workers’ rights established by the U.S. Supreme Court’s Pattern Makers v. NLRB decision. Under Pattern Makers, unions must accept all resignations from union members, and they cannot threaten or discipline employees because they choose to resign from the union.