Local Union and Food Service Contractor Face Federal Prosecution for Workers’ Rights Violations

Company and union officials obstruct workers from exercising rights to refrain from union membership and dues payments

Fort Leonard Wood, MO (November 7, 2014) – A local government union and an Overland Park, Kansas-based food services company are facing a federal prosecution for violating Fort Leonard Wood food service workers’ rights.

The National Labor Relations Board (NLRB) prosecution comes in the wake of federal charges filed by two workers with free legal assistance from National Right to Work Foundation staff attorneys.

Because Missouri does not have Right to Work protections for workers, workers can be required to pay union dues or fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, nonmember workers can refrain from paying for union boss politics and many other activities.

Kimsha Rosensteel, an 11-year employee with food services provider EDP Enterprises, Inc, was president of the National Association of Government Employees (NAGE) Local R14-139 union for about one and a half years. While she was union president, Rosensteel discovered that the union was failing to follow federal disclosure requirements designed to better inform workers about their rights to refrain from full-dues-paying union membership.

Click here to read the full release.

Fort Leonard Wood, MO (November 7, 2014) – A local government union and an Overland Park, Kansas-based food services company are facing a federal prosecution for violating Fort Leonard Wood food service workers’ rights.

The National Labor Relations Board (NLRB) prosecution comes in the wake of federal charges filed by two workers with free legal assistance from National Right to Work Foundation staff attorneys.

Because Missouri does not have Right to Work protections for workers, workers can be required to pay union dues or fees as a condition of employment. However, under Foundation-won U.S. Supreme Court precedent, nonmember workers can refrain from paying for union boss politics and many other activities.

Kimsha Rosensteel, an 11-year employee with food services provider EDP Enterprises, Inc, was president of the National Association of Government Employees (NAGE) Local R14-139 union for about one and a half years. While she was union president, Rosensteel discovered that the union was failing to follow federal disclosure requirements designed to better inform workers about their rights to refrain from full-dues-paying union membership.

In response, the union hierarchy removed Rosensteel from her post and tried to pressure her into accepting a deal that allowed her to refrain from paying union dues and fees in order to keep her quiet about the union’s activities. However, after several other EDP Enterprises workers also requested that they be able to refrain from paying all union dues or fees, EDP management demanded the union resume taking full union dues from Rosensteel’s paychecks.

Another worker, Stephanie Fenton also filed federal charges after NAGE union officials stonewalled several workers’ requests to refrain from formal, dues-paying union membership and refused to follow federal disclosure requirements designed to better inform workers of their rights.

«It is unconscionable that NAGE union bosses are actively obstructing workers from exercising their statutory rights and then work with company management to cover it up,» said Mark Mix, president of the National Right to Work Foundation. «This case underscores the need for Missouri to pass Right to Work protections for its workers.»

The NLRB scheduled a hearing on the case for January 12, 2015.

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

Local Confectioner Worker Files Federal Charges Challenging Union Officials’ Forced-Dues Sweetheart Deal with Employer

Candy company worker suspended without pay for trying to exercise rights

Oakdale, CA (November 7, 2014) – A Modesto-area Sconza Candy Company employee has filed federal charges against a local bakers union and her employer for a litany of rights violations.

With the help of National Right to Work Foundation staff attorneys, Sconza employee Athena Manning filed the unfair labor practice charges Wednesday with the National Labor Relations Board (NLRB).

Manning charges that Sconza management and Bakers Union Local 125 officials failed to notify her of her rights to refrain from full-dues-paying union membership. In May, company and union officials also actively misled her about her obligations to the union, claiming that joining the union and paying full dues were required as a condition of employment.

Click here to read the full release.

Oakdale, CA (November 7, 2014) – A Modesto-area Sconza Candy Company employee has filed federal charges against a local bakers union and her employer for a litany of rights violations.

With the help of National Right to Work Foundation staff attorneys, Sconza employee Athena Manning filed the unfair labor practice charges Wednesday with the National Labor Relations Board (NLRB).

Manning charges that Sconza management and Bakers Union Local 125 officials failed to notify her of her rights to refrain from full-dues-paying union membership. In May, company and union officials also actively misled her about her obligations to the union, claiming that joining the union and paying full dues were required as a condition of employment.

Because California does not have Right to Work protections for workers, workers can be required to pay union dues or fees as a condition of employment. However, workers also have the right to refrain from formal union membership and paying for union boss politics and many other activities. Under federal labor case law, union officials must also provide workers with an independently-audited financial breakdown of all forced-dues union expenditures.

Even though union officials never provided Manning with information about her rights, she was nonetheless suspended without pay from her job in June for failing to join and pay dues to the union.

In September, Local 125 union officials gave Manning a breakdown of union expenditures that failed to comply with federal disclosure requirements.

«Union and company officials actively misled and then punished this worker for exercising her rights, all in order to collect more forced dues cash for the union bosses’ coffers,» said Mark Mix, president of the National Right to Work Foundation. «Independent-minded workers will continue to face similar schemes until California passes a Right to Work law, which would ensure that union membership and dues payment are completely voluntary.»

Minnesota Homecare Providers Appeal Federal Challenge to SEIU Forced Unionization Scheme

SEIU seeks to push home-based personal care providers into forced-dues ranks against their will

Minneapolis, MN (October 30, 2014) – Today, a group of home-based personal care providers challenging a state law that authorizes the forcible unionization of Minnesota’s 27,000 care providers have asked a federal appeals court to overrule a lower court’s ruling issued last week in their case.

With free legal aid from National Right to Work Foundation staff attorneys, Teri Bierman and eight other providers from around the state appealed the U.S. District Court for the District of Minnesota judge’s ruling denying the providers’ request for a court injunction that would immediately halt implementation of the law.

Click here to read the full release.

Minneapolis, MN (October 30, 2014) – Today, a group of home-based personal care providers challenging a state law that authorizes the forcible unionization of Minnesota’s 27,000 care providers have asked a federal appeals court to overrule a lower court’s ruling issued last week in their case.

With free legal aid from National Right to Work Foundation staff attorneys, Teri Bierman and eight other providers from around the state appealed the U.S. District Court for the District of Minnesota judge’s ruling denying the providers’ request for a court injunction that would immediately halt implementation of the law.

The appeal is the latest development in a federal lawsuit filed by the nine providers challenging a state law intended to designate the Service Employees International Union (SEIU) as the monopoly political representative of thousands of providers in the state.

The homecare providers provide homecare services to their sons and daughters who receive state assistance to help pay for their care. For example, two of the homecare providers, Teri Bierman and Scott Price, both provide care to their daughters with cerebral palsy. The suit challenges the forced-unionism scheme on the grounds that it violates the U.S. Constitution’s guarantees of free political expression and association.

On August 27, the SEIU won a majority of votes in a controversial write-in unionization election for Minnesota caregivers. Although nearly 27,000 care providers were eligible to vote under the new law, only 13 percent of the total number of eligible voters approved SEIU affiliation. Consequently, SEIU officials are now empowered to deal with the State for all 27,000 Minnesota homecare providers. Caregivers who didn’t vote or voted against the union are forced to accept the SEIU’s «representation.»

«Forcing folks who care for their relatives into forced union representation is a slap in the face of fundamental American principles we hold dear,» said Mark Mix, president of the National Right to Work Foundation. «The appeals court should halt implementation of Governor Mark Dayton’s political payback to SEIU bosses and protect providers’ right to remain free from unwanted union affiliation.»

Rogue Obama NLRB Appointee Again Moves to Prevent Workers from Removing Unwanted Union from Workplace

General Counsel seeks to block workers’ majority petition to end employer recognition of an unsupported union

Chicago, IL (October 23, 2014) – An Arlington Metals Corporation steelworker has moved to intervene to stop a federal agency from foisting unwanted union representation back on his workplace after he and his coworkers attempted to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Franklin Park-area Arlington Metals employee Brandon De La Cruz filed the motion with the National Labor Relations Board (NLRB) regional office in Chicago. Predictably, the NLRB General Counsel filed a brief in opposition to the workers’ motion.

De La Cruz and a majority of his coworkers petitioned their employer to remove the United Steelworkers (USW) union from their workplace. After the workers presented the petition, Arlington Metals management withdrew recognition of the union as the workers’ bargaining representative, as long-standing law permits.

Click here to read the full release.

Chicago, IL (October 23, 2014) – An Arlington Metals Corporation steelworker has moved to intervene to stop a federal agency from foisting unwanted union representation back on his workplace after he and his coworkers attempted to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Franklin Park-area Arlington Metals employee Brandon De La Cruz filed the motion with the National Labor Relations Board (NLRB) regional office in Chicago. Predictably, the NLRB General Counsel filed a brief in opposition to the workers’ motion.

De La Cruz and a majority of his coworkers petitioned their employer to remove the United Steelworkers (USW) union from their workplace. After the workers presented the petition, Arlington Metals management withdrew recognition of the union as the workers’ bargaining representative, as long-standing law permits.

USW union officials filed federal charges with the NLRB in an attempt to nullify the workers’ petition and force the union hierarchy back into the workplace. The NLRB’s General Counsel then issued a complaint to force the company to once again recognize the union as the workers’ monopoly bargaining representative.

This new policy, in direct violation of U.S. Supreme Court precedent, is being pushed by union lawyer Richard Griffin, who was installed as NLRB General Counsel in October 2013. Prior to being the Board’s top lawyer in charge of enforcing federal labor laws, Griffin’s «recess» appointment to the NLRB was deemed illegal by the U.S. Supreme Court in late June.

«The NLRB General Counsel’s rogue complaint and his opposition to employees’ right to intervene to protect their decertification efforts flies in the face of long-standing precedent allowing workers to remove a union from their workplace with a showing of majority support,» explained Mark Mix, President of the National Right to Work Foundation. «And the very workers who have a direct interest in the result of these proceedings have been thus far shut out.»

«Highlighting the Obama Board’s pro-forced unionism bias, the NLRB still maintains that a company can recognize a union if a majority of workers sign union ‘cards’ through the coercive and unreliable card check method, while its top lawyer works to eliminate workers’ ability to use the same procedure to oust an unwanted union,» added Mix.

L.A. School Employees File Class-Action Lawsuit against Local SEIU for Rights Violations

Union officials stonewall workers’ attempts to refrain from union membership and full dues payments

Los Angeles, CA (October 22, 2014) – A group of Los Angeles Unified School District workers have filed a federal class-action lawsuit against the Service Employees International Union (SEIU) Local 99 for violating their rights.

With free legal assistance from National Right to Work Foundation-provided staff attorneys, Los Angeles school district building and grounds keeper Douglas Kennedy; bus drivers Eduardo Berumen and Griselda Moran; and cafeteria worker Magi Shanagian filed the lawsuit with the U.S. District Court for the Central District of California.

In the complaint, the school employees detail how SEIU Local 99 union officials denied their several requests, in one case dating back to October 12, 2012, to refrain from full dues paying union membership.

Click here to read the full release.

Los Angeles, CA (October 22, 2014) – A group of Los Angeles Unified School District workers have filed a federal class-action lawsuit against the Service Employees International Union (SEIU) Local 99 for violating their rights.

With free legal assistance from National Right to Work Foundation-provided staff attorneys, Los Angeles school district building and grounds keeper Douglas Kennedy; bus drivers Eduardo Berumen and Griselda Moran; and cafeteria worker Magi Shanagian filed the lawsuit with the U.S. District Court for the Central District of California.

In the complaint, the school employees detail how SEIU Local 99 union officials denied their several requests, in one case dating back to October 12, 2012, to refrain from full dues paying union membership.

Because California does not have Right to Work protections for workers, workers can be forced to pay union dues and fees to an unwanted union 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.

Despite the workers’ requests to refrain from union membership and full union dues payments, the Los Angeles Unified School District continues to confiscate full union dues from the workers’ paychecks at SEIU Local 99 officials’ behest. The workers are also challenging SEIU Local 99’s agreement provision with the school district that illegally restricts workers’ ability to resign union membership and dues payments to a period of 30 days over the life of an agreement, which is often for a period of three years.

«SEIU officials are stonewalling workers’ attempts to refrain from paying for the union bosses’ radical political agenda,» said Mark Mix, president of the National Right to Work Foundation. «This case underscores the need for California to pass a Right to Work law making union membership and dues payments strictly voluntary.»