Union officials illegally blocked nurse from resigning formal union membership so they could fine her for working during union-ordered strike
Minneapolis, MN (September 12, 2016) – With free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, Minnesota nurse Crystal Rehbein has filed federal unfair labor practice charges against the Minnesota Nurses Association (MNA) union after MNA union officials threatened her with disciplinary action for refusing to abandon her patients and participate in a union boss-initiated strike.
In early June, Rehbein sent a certified letter resigning her membership in the MNA, shortly before the MNA hierarchy announced a weeklong strike. As a non-member, Rehbein then exercised her right to continue work and take care of her patients.
However, shortly after the strike ended, MNA officials sent a letter to Rehbein claiming her attempt to resign her formal union membership was rejected and claiming that she was not allowed to exercise her right to resign from formal union membership without first filling out a new membership application and updating her payment information. The union claim flies in the face of the U.S. Supreme Court’s Pattern Makers v. NLRB decision which held that union members have the right to resign their union membership at any time.
In early August, MNA officials informed Rehbein that internal charges had been brought against her for continuing to work during the strike, and threatened her with fines, reprimand, or censure.
Under previous NRLB and Supreme Court rulings, employees may not be forced to use a particular form to revoke membership or dues checkoff authorizations. Furthermore, under a 1972 ruling, workers who resign their union membership and return to work during a strike may not be fined for a period following their resignation.
“Attempting to drag this brave nurse into a kangaroo court is nothing more than a tired intimidation tactic,” said Mark Mix, President of the National Right to Work Foundation. “All workers – including medical professionals – have the right to resign their formal union membership and continue working to support their families. It is a shameful day when union bosses are attempting to discipline a nurse for exercising her rights so she can continue to care for patients.”
Ms. Rehbein’s charges will now be investigated by the National Labor Relations Board.
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.