Kaiser Permanente Nurse Files Federal Charge Against Union for Violating Disclosure Guidelines

Case underscores need for Right to Work protections to make union membership and dues payment strictly voluntary

Sacramento, CA (January 29, 2015) – A local Kaiser Permanente nurse has filed a federal charge against the California Nurses Association (CNA) union for violating her rights and failing to follow federal disclosure requirements.

With free legal assistance from the National Right to Work Foundation, Kaiser Permanente South Sacramento nurse Elizabeth Wilber filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

On November 16, 2014, Wilber sent a letter resigning her union membership in the CNA union. Her letter also objected to paying full dues.

Click here to read the full release.

Sacramento, CA (January 29, 2015) – A local Kaiser Permanente nurse has filed a federal charge against the California Nurses Association (CNA) union for violating her rights and failing to follow federal disclosure requirements.

With free legal assistance from the National Right to Work Foundation, Kaiser Permanente South Sacramento nurse Elizabeth Wilber filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

On November 16, 2014, Wilber sent a letter resigning her union membership in the CNA union. Her letter also objected to paying full dues.

Under federal labor law, workers have the right to refrain from formal union membership. However, because California does not have Right to Work protections for workers, nonmember workers can be forced to pay a part of union dues and fees or be fired from their job.

As a result of 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. Union officials must also provide workers with an independently-audited financial breakdown of all forced-dues union expenditures and the opportunity to challenge the amount of forced union fees before an impartial decision maker.

Despite Wilber’s union resignation, the CNA union hierarchy has refused to follow the federal disclosure requirements outlined under Beck and its progeny.

«CNA union bosses are keeping this nurse in the dark about their forced-dues expenditures by skirting federal disclosure guidelines,» said Mark Mix, President of the National Right to Work Foundation. «This case demonstrates that California 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 employees. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

National Workplace Advocacy Group to Charter School Employees: «You Have Rights»

Union bosses fail to block charter school education, now seek to make charter schools part of forced unionism empire

Washington, DC (January 29, 2015) – Mark Mix, president of the National Right to Work Foundation, has issued the following statement in recognition of National School Choice Week 2015:

«For many years, union officials orchestrated a prolonged campaign to delegitimize and do away with school choice and charter schools. Despite that opposition, charter schools have enjoyed steady growth both in popularity and in practice.

«As such, union officials have decided that if they can’t stop the growth of charter schools, then they might as well try to force charter school employees under a union monopoly. Of course this could prove disastrous for charter school teachers and students nationwide.

«The unionization of charter schools jumped 444 percent in the last decade, 2001-10, compared 1992-2000, and is increasing rapidly. But all charter school employees are entitled to certain constitutional and statutory rights. And unfortunately, these rights are not automatically provided.

«To enjoy many of the benefits of these protected rights, an employee may first have to assert his or her entitlement to them. Unfortunately, union officials often keep workers in the dark about their rights.

Click here to read the full release.

Washington, DC (January 29, 2015) – Mark Mix, president of the National Right to Work Foundation, has issued the following statement in recognition of National School Choice Week 2015:

«For many years, union officials orchestrated a prolonged campaign to delegitimize and do away with school choice and charter schools. Despite that opposition, charter schools have enjoyed steady growth both in popularity and in practice.

«As such, union officials have decided that if they can’t stop the growth of charter schools, then they might as well try to force charter school employees under a union monopoly. Of course this could prove disastrous for charter school teachers and students nationwide.

«The unionization of charter schools jumped 444 percent in the last decade, 2001-10, compared 1992-2000, and is increasing rapidly. But all charter school employees are entitled to certain constitutional and statutory rights. And unfortunately, these rights are not automatically provided.

«To enjoy many of the benefits of these protected rights, an employee may first have to assert his or her entitlement to them. Unfortunately, union officials often keep workers in the dark about their rights.

«Led by National Right to Work Foundation staff attorneys, the National Right to Work Foundation’s Charter School Initiative aims to enlighten charter school employees so that they can make decisions about union representation in an atmosphere free of union boss threats, harassment, coercion, or misrepresentation. To that end, Foundation attorneys have developed free educational materials for charter school teachers and employees. Furthermore, Foundation staff attorneys are prepared to defend charter school workers from the injustices of forced unionism.

«Charter school employees: You have rights. For more information about your rights and the Foundation’s Charter School Initiative, check out our website at www.nrtw.org/charterschools.»

Montpelier, VT (January 28, 2015) – After the Vermont Labor Relations Board (VLRB) rejected their attempt to overturn a recent vote by childcare providers against unionization, American Federation of Teachers (AFT) union officials have officially declined to appeal that decision to the Vermont Supreme Court.

Several childcare providers who sought to uphold the election results received free legal assistance and advice from National Right to Work Foundation staff attorneys.

In September 2014, AFT union officials submitted a petition for a unionization election with the VLRB. The proposed bargaining unit would have included 1323 childcare providers, all of whom receive a small state subsidy for caregiving.

In November and December of 2014, the VLRB conducted a mail-in unionization election. On December 9, the VLRB determined that a majority of Vermont childcare providers had voted against unionization. However, AFT officials promptly challenged the election results.

With the help of Foundation staff attorneys, six childcare providers filed a motion to intervene with the VLRB to defend their vote. Fortunately, the Board determined that there was no merit to the union’s election objections. The union subsequently declined to appeal that ruling to the Vermont Supreme Court.

“From Minnesota to Michigan to Rhode Island, aggressive union organizers have set their sights on home and childcare providers, even though these providers are not state employees and therefore should not be subject to monopoly unionization,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “These unionization drives imperil the rights of independent-minded caregivers by pushing them to into union ranks simply because they receive a small state subsidy.”

“In the case of Vermont, childcare providers clearly rejected unionization,” continued Semmens. “We’re happy to report that their decision will stand despite an attempt by union lawyers to overturn the election results.”

Washington, DC (January 15, 2015) – Today, the National Right to Work Foundation, a charitable organization that provides free legal assistance to thousands of workers nationwide, filed a Freedom of Information Act (FOIA) request with the Department of Labor to uncover any communication between the Department and two German labor organizations regarding the ongoing unionization campaign at Volkswagen’s Chattanooga facilities.

Foundation staff attorneys assisted several workers who were subjected to coercive card check unionization tactics and pressure from management and union organizers during the United Auto Workers (UAW) union’s multi-year campaign to unionize VW’s Chattanooga plant. The Foundation also helped several VW workers file a federal suit challenging the company’s assistance to UAW officials during the campaign as an illegal exchange of «thing[s] of value» under the Labor Management Relations Act (LMRA).

VW’s Global Works Council and IG Metall, a German autoworker union, were both prominent supporters of the UAW’s organizing drive. However, neither organization divulged the extent of their involvement in Chattanooga to the Department of Labor, despite the fact that their high-profile support for the UAW should have triggered disclosure requirements under the LMRA.

Although a majority of Chattanooga workers voted against the UAW in a secret ballot election last February, the UAW and its German backers have continued to push for unionization. Furthermore, UAW officials have refused to abide by an agreement they signed with VW not to engage in organizing activities at the facility for one year if workers voted against them.

In November 2014, Foundation President Mark Mix submitted a letter to Secretary of Labor Thomas Perez calling on the Department of Labor to require both German labor organizations to comply with American labor law and disclose their relationship with the UAW. To date, Mix’s letter has received no substantive response and there is no record of either organization filing the mandated disclosure reports.

The Foundation’s FOIA request seeks to uncover any communications between the Department of Labor, VW’s Global Works Council, and the IG Metall union. Foundation staff attorneys hope to determine if the Department of Labor is actively assisting these organizations in their efforts to unionize VW’s Chattanooga facilities.

“German labor organizations shouldn’t be exempt from American disclosure guidelines when they operate in the United States,” said Mix. “Did the UAW make promises to IG Metall to obtain its support that could affect the wages and working conditions of VW Chattanooga employees down the road? Is the Department of Labor actively supporting the UAW and IG Metall’s efforts to unionize the Chattanooga plant? Chattanooga VW workers facing the prospect of another unionization drive deserve to know the answers to these questions, which is why we filed this FOIA request.”

Michels Corp. Construction Worker Wins Thousands in Settlement from Company & Union After Illegal Firing

Case underscores needs for Right to Work protections

Colorado Springs, CO (January 14, 2015) – A former Michels Corporation construction worker in Colorado has won a settlement from a Brownsville, Wisconsin-based company and a Colorado-based union for violating his rights and illegally firing him.

The settlement comes after Paul Castle of Fountain filed federal unfair labor practice charges with free legal assistance from National Right to Work Foundation staff attorneys.

Shortly after Michels hired Castle in August, Laborers’ International Union of North America (LIUNA) Local 578 officials demanded he become a full dues-paying union member. Because Colorado does not have Right to Work protections for workers, workers can be forced to pay union fees as a condition of employment. However, the U.S. Supreme Court held in the Foundation-won Communication Workers v. Beck case that nonmember workers cannot be compelled to pay the portion of union dues used for the union’s political and member-only activities.

Click here to read the full release.

Colorado Springs, CO (January 14, 2015) – A former Michels Corporation construction worker in Colorado has won a settlement from a Brownsville, Wisconsin-based company and a Colorado-based union for violating his rights and illegally firing him.

The settlement comes after Paul Castle of Fountain filed federal unfair labor practice charges with free legal assistance from National Right to Work Foundation staff attorneys.

Shortly after Michels hired Castle in August, Laborers’ International Union of North America (LIUNA) Local 578 officials demanded he become a full dues-paying union member. Because Colorado does not have Right to Work protections for workers, workers can be forced to pay union fees as a condition of employment. However, the U.S. Supreme Court held in the Foundation-won Communication Workers v. Beck case that nonmember workers cannot be compelled to pay the portion of union dues used for the union’s political and member-only activities. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently-verified audit of chargeable and non-chargeable expenses.

Castle alleged in charges he filed with the National Labor Relations Board (NLRB) that when he notified union officials that he was refraining from union membership and full dues payments, they stated that they would not comply with the procedural requirements established under Beck. Furthermore, union officials refused his good faith efforts to pay the union for dues they claimed he owed.

Despite Castle’s efforts to pay the union the full dues he supposedly owed, he was fired by Michels. Adding insult to injury, the company deducted union dues from his final paycheck even though failure to pay union dues was the stated reason for his illegal termination.

Under the terms of the settlement, Castle will receive $6,400 in lost wages and $91 for the dues taken from his last paycheck. The settlement also forces union officials to send a notice to workers detailing their right to refrain from union membership and full dues payments.

Michels Corporation is owned by Tim Michels, a Republican Party «mega-donor» and former candidate for US Senate, who is the leader of a coalition opposed to passage of Right to Work protections in Wisconsin.

«Oftentimes, it takes a worker filing federal charges against coercive union officials and company management to exercise their basic statutory rights,» said Mark Mix, President of the National Right to Work Foundation. «This case underscores the need for Right to work protections for workers making union membership and dues payments completely voluntary.»

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

San Francisco, CA (January 13, 2015) – With free legal assistance from the National Right to Work Foundation, a California Department of Forestry fire captain has obtained a settlement from his employer that protects his freedom of conscience in the workplace.

John Valentich, a veteran firefighter, objected to a clause in the bargaining agreement between his employer and the CAL FIRE Local 2881 union that requires all employees – even those who are not union members – to “donate” three hours of annual leave each year for union activities. Valentich is a religious objector who wishes to refrain from affiliating with the union because of its support for abortion and same-sex marriage.

In November 2013, Valentich filed charges challenging the annual leave policy with the California Department of Fair Employment and Housing and the Equal Employment Opportunity Commission in San Francisco.

Title VII of the Civil Rights Act forbids discrimination against religious employees and requires companies and unions to attempt to reasonably accommodate workers’ sincerely-held religious beliefs.

This isn’t the first time Valentich has filed charges to defend his religious convictions from union interference. In 2012, Right to Work attorneys helped Valentich ensure that the union dues he’s required to pay to keep his job were diverted to a charity, instead of being used to fund union activities.

However, Valentich later learned that he still had to support Local 2881 through a union-negotiated policy that required that he donate three days of leave for union activities.

Under the terms of the settlement, CAL FIRE union officials will determine based on Valentich’s salary the monetary equivalent of the three days of leave he is required to hand over. That sum will then be donated to a nonreligious, non-labor charitable organization approved by the State of California.

“No employee should be forced to give time or money to a union he or she has no interest in supporting,” said Mark Mix, President of the National Right to Work Foundation. “Fortunately, we were able to help Mr. Valentich obtain a settlement that protects his deeply-held religious beliefs.”

“However, many California employees with political or religious objections to supporting a union are still being forced to pay dues,” continued Mix. “That’s why California needs a Right to Work law, which would make union membership and dues payments strictly voluntary.”

Navy Helicopter Simulator Technician Files Federal Charge Against Local Union for Illegal Dues Demands

Case underscores needs for Right to Work protections

San Diego, CA (January 6, 2015) – A local Navy helicopter simulator maintenance technician, who works for a private contractor for the U.S. Navy, has filed a federal charge against a union and its local and regional affiliates for violating his rights.

With free legal assistance from the National Right to Work Foundation, Cubic Worldwide Technical Services employee Abraham Perez filed the unfair labor practice charge with the National Labor Relations Board (NLRB).

In July 2014, Perez filled out an International Association of Machinist (IAM) union dues deduction authorization – a form union officials use to automatically withhold union dues from employee paychecks – but declined to check the union membership box. In August 2014, Perez sent a letter resigning his union membership in the IAM union; its regional affiliate, District Lodge 725; and its local affiliate, Local Lodge 1125. His letter also objected to paying full dues.

Click here to read the full release.