Worker Advocate Files Federal Court Briefs Challenging Obama Labor Board’s Ambush Election Rules

In two court challenges to NLRB’s recycled biased rules, Foundation argues rules allow union bosses to ambush workers into Big Labor’s forced-dues-paying ranks

Washington, DC (February 12, 2015) – The National Right to Work Foundation has filed briefs in two federal courts challenging the National Labor Relations Board’s (NLRB) recently-enacted regulations that will further give union organizers the upper hand over independent-minded employees during unionization campaigns.

The rules are designed to dramatically shorten the time individual workers have to share information with their coworkers about the effects of unionization. The regulations also require employers to hand over workers’ private information to union organizers, including their phone numbers and email addresses.

Click here to read the full release.

Washington, DC (February 12, 2015) – The National Right to Work Foundation has filed briefs in two federal courts challenging the National Labor Relations Board’s (NLRB) recently-enacted regulations that will further give union organizers the upper hand over independent-minded employees during unionization campaigns.

The rules are designed to dramatically shorten the time individual workers have to share information with their coworkers about the effects of unionization. The regulations also require employers to hand over workers’ private information to union organizers, including their phone numbers and email addresses.

The latest rules changes were rushed out before former union lawyer Nancy Schiffer’s term expired on December 16, 2014. The NLRB had previously rushed the regulations out before former Service Employees International Union (SEIU) lawyer Craig Becker’s term expired in December 2011, but they were later invalidated by a federal district court in 2012 on procedural grounds.

Foundation staff attorneys now argue in amicus curiae briefs filed with the U.S. District Courts for the District of Columbia and the Western District of Texas that the new rules violate federal law, because the Board is shirking its statutory duty to determine the scope of the bargaining unit. Under the rules, unionization elections will proceed despite disputes over the unit’s scope if less than 20 percent of the bargaining unit’s composition is contested.

«It would be absurd for a redistricting commission to assert that it properly defined a congressional district while leaving unresolved whether one-fifth of adjacent counties are in or out of the district,» Foundation attorneys state. «So too is it absurd for the Board to claim it is defining an appropriate bargaining unit while leaving unresolved whether one-fifth of job positions are in that unit.»

«Being up to 20% wrong about the proper scope of a unit is simply not ‘close enough for government work,'» the briefs continue.

Foundation attorneys also argue in the briefs that the rule requiring job providers to hand over the employees’ personal information to union bosses violates workers’ privacy.

«The NLRB has once again regurgitated Big Labor’s wish list with these election rules designed to make unionization campaigns even more one-sided in an effort to boost union bosses’ forced dues ranks,» said Mark Mix, President of the National Right to Work Foundation. «The Obama Labor Board’s latest give-away to Big Labor will ambush unsuspecting workers into union ranks and encroaches on the privacy rights of employees who may oppose unionization in their workplace.»

NRTW Praises Rauner Executive Action, Offers Free Legal Aid to Illinois State Employees

Foundation has long history of assisting public employees seeking to refrain from union membership and dues payments

Washington, DC (February 10, 2015) – The National Right to Work Foundation is offering free legal aid to public employees seeking to exercise their right to refrain from paying union dues or fees that may result from Illinois Governor Bruce Rauner’s newly-issued executive order.

Governor Rauner issued an executive order late Monday that instructs all state agencies to put in escrow, pending the outcome of a federal court lawsuit the Governor filed the same day, all forced union-fee deductions from nonmember state employees’ wages required by Illinois’ public-sector labor relations statute. The Governor’s lawsuit asks that a judgment be entered declaring unconstitutional the provisions of state collective bargaining agreements that require nonmember state employees to pay union fees, a judgment that would effectively grant those workers Right to Work protections.

The National Right to Work Foundation has a long history of assisting employees seeking to exercise their Right to Work rights, most recently under newly enacted Right to Work provisions in Wisconsin, Indiana, and Michigan. Foundation attorneys also provided free legal representation to Illinois home-based personal care providers who, under executive orders issued by former Governors Rod Blagojevich and Pat Quinn, were forced to pay union dues or fees against their will. In that case, Harris v. Quinn, the U.S. Supreme Court struck down the Illinois scheme, ruling that individuals who indirectly receive state subsidies based on their clientele cannot be forced to pay compulsory union fees.

Mark Mix, president of the National Right to Work Foundation, issued the following statement:

«Governor Rauner’s actions may give Illinois public employees the Right to Work protections they so desperately need and deserve. These are bold steps to protect Illinois state employees’ rights not to pay tribute to union bosses as a condition of working as public servants.

«Unfortunately, union officials won’t give up their forced dues power easily. In addition to fighting Governor Rauner in court, it won’t be surprising to see them make it difficult for workers to exercise their rights. State employees who try to exercise those rights may encounter stonewalling, intimidation, or harassment at the hands of union officials.

Washington, DC (February 10, 2015) – The National Right to Work Foundation is offering free legal aid to public employees seeking to exercise their right to refrain from paying union dues or fees that may result from Illinois Governor Bruce Rauner’s newly-issued executive order.

Governor Rauner issued an executive order late Monday that instructs all state agencies to put in escrow, pending the outcome of a federal court lawsuit the Governor filed the same day, all forced union-fee deductions from nonmember state employees’ wages required by Illinois’ public-sector labor relations statute. The Governor’s lawsuit asks that a judgment be entered declaring unconstitutional the provisions of state collective bargaining agreements that require nonmember state employees to pay union fees, a judgment that would effectively grant those workers Right to Work protections.

The National Right to Work Foundation has a long history of assisting employees seeking to exercise their Right to Work rights, most recently under newly enacted Right to Work provisions in Wisconsin, Indiana, and Michigan. Foundation attorneys also provided free legal representation to Illinois home-based personal care providers who, under executive orders issued by former Governors Rod Blagojevich and Pat Quinn, were forced to pay union dues or fees against their will. In that case, Harris v. Quinn, the U.S. Supreme Court struck down the Illinois scheme, ruling that individuals who indirectly receive state subsidies based on their clientele cannot be forced to pay compulsory union fees.

Mark Mix, president of the National Right to Work Foundation, issued the following statement:

«Governor Rauner’s actions may give Illinois public employees the Right to Work protections they so desperately need and deserve. These are bold steps to protect Illinois state employees’ rights not to pay tribute to union bosses as a condition of working as public servants.

«Unfortunately, union officials won’t give up their forced dues power easily. In addition to fighting Governor Rauner in court, it won’t be surprising to see them make it difficult for workers to exercise their rights. State employees who try to exercise those rights may encounter stonewalling, intimidation, or harassment at the hands of union officials.

«State employees who want to learn more about their rights, or experience abuse or intimidation while exercising their rights, should contact the Foundation immediately toll-free at 800-336-3600 or via email at legal@nrtw.org. We look forward to providing legal assistance to Illinois state employees who want to exercise their rights not to pay union fees.»

Federal Settlement Awards Johnson Controls Worker Six Months of Illegally-Seized Union Confiscations

Case underscores needs for Right to Work protections

Sycamore, IL (February 6, 2015) – A local Johnson Controls, Inc. worker has won a federal settlement from the United Auto Workers (UAW) union hierarchy and the company for violating his right to refrain from paying union dues and fees used for union officials’ politics.

The settlement comes in the wake of federal charges Johnson Controls employee Thomas Hayden filed with legal assistance from National Right to Work Foundation staff attorneys.

Hayden, who has exercised his right under federal labor law to refrain from formal union membership, must accept the exclusive representation of UAW, and its Local 1268, union officials. Because Illinois does not have Right to Work protections for workers, nonmember workers like Hayden can be forced to pay a part of union dues and fees.

Click here to read the full release.

Sycamore, IL (February 6, 2015) – A local Johnson Controls, Inc. worker has won a federal settlement from the United Auto Workers (UAW) union hierarchy and the company for violating his right to refrain from paying union dues and fees used for union officials’ politics.

The settlement comes in the wake of federal charges Johnson Controls employee Thomas Hayden filed with legal assistance from National Right to Work Foundation staff attorneys.

Hayden, who has exercised his right under federal labor law to refrain from formal union membership, must accept the exclusive representation of UAW, and its Local 1268, union officials. Because Illinois does not have Right to Work protections for workers, nonmember workers like Hayden can be forced to pay a part of union dues and fees.

However, under the Foundation’s U.S. Supreme Court victory in Communications Workers v. Beck, employees can refrain from paying for politics and many other union activities.

Even though Hayden received letters from UAW Local 1268 union officials in 2013 and 2014 stating that they would recognize his right to refrain from paying for dues used for union politicking and other nonbargaining activities, Johnson Controls continued to deduct, and Local 1268 union officials continued to accept, full union dues from his paychecks for about a year.

Hayden then filed federal unfair labor practice charges with the National Labor Relations Board (NLRB) regional office in Peoria challenging the illicit dues deductions.

Per the settlement’s terms, Johnson Controls and Local 1268 union officials will refund Hayden $133 for six months of illegally-seized union dues, plus interest. The union hierarchy must also post a notice in the workplace informing other workers of their right to refrain from dues-paying union membership.

«It took federal charges to force this company and UAW union officials to finally cease their illegal forced-dues confiscations,» said Mark Mix, President of the National Right to Work Foundation. «This case demonstrates that Illinois desperately needs a Right to Work law, which would make union affiliation and dues payments completely voluntary.»

Twenty-four states have Right to Work protections for private-sector workers. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

SEIU Faces Federal Prosecution for Violating Local Security Guards’ Rights

Case underscores need for Right to Work protections for California’s workers

San Francisco, CA (February 6, 2015) – The San Francisco-based Service Employees International Union (SEIU) Local 24/7 is facing a federal prosecution for violating local security guards’ rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Universal Protection Service security guard Daniel Ozabuki filed an unfair labor practice charge for himself and seven other guards against the union alleging a litany of rights abuses.

Click here to read the full release.

San Francisco, CA (February 6, 2015) – The San Francisco-based Service Employees International Union (SEIU) Local 24/7 is facing a federal prosecution for violating local security guards’ rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Universal Protection Service security guard Daniel Ozabuki filed an unfair labor practice charge for himself and seven other guards against the union alleging a litany of rights abuses.

The guards are all employed by Universal Protection Service, which has been party to a monopoly bargaining agreement with Local 24/7 since the company took over for the previous security contractor, Guard Maintenance Services Corporation. Guard Maintenance Services also had a monopoly bargaining agreement with the union.

Because California lacks a Right to Work law making union membership and dues payments strictly voluntary, workers can be forced to pay union dues and fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, workers who refrain from union membership can also refrain from paying for union politics and members-only events.

Ozabuki and at least four other security guards have refrained from union membership for several years. In February 2012, some of the then-Guard Maintenance Services workers reached a settlement with SEIU officials regarding an earlier round of charges. The settlement required that union officials allow nonmember workers to opt out of paying for union activities unrelated to workplace bargaining.

However, since SEIU officials entered into a contract with Universal Protection, union officials have again forced the workers into full dues payments despite the workers’ repeated attempts to refrain.

Three additional workers have detailed how SEIU officials kept them in the dark about their right to refrain from formal union membership and full dues payments.

The NLRB now has found merit to the workers’ charges and issued a complaint against the SEIU officials.

«SEIU bosses are resorting to deception to force workers into full dues paying union ranks,» said Patrick Semmens, vice president of the National Right to Work Foundation. «The best solution to break the SEIU bosses’ pattern of rights abuses is for California to enact a Right to Work law making union membership and dues payment strictly voluntary.»

UPS Seasonal Worker Receives $0 Paycheck After Company Illegally Seizes Dues for Teamster Union

Worker files federal charge to challenge illegal union dues payment

Stockton, CA (February 4, 2015) – A former seasonal United Parcel Service (UPS) employee has filed a federal charge against the company after it illegally confiscated Teamster union dues from his salary, leaving him with a paycheck of $0.

With free legal assistance from National Right to Work Foundation staff attorneys, Santiago Olmos filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

Shortly after Olmos was hired as a seasonal employee for the Christmas delivery rush, he attended UPS training on December 8, 2014. At the meeting, a UPS manager told all of the employees in attendance that they were required to join the Teamster Local 439 union and pay union dues.

Click here to read the full release.