NLRB asked to seek injunction in federal court to stop illegal union boss threats that workers will be fired if they refuse to immediately pay full union dues
Los Angeles, CA (September 23, 2021) – Long Beach-area Savage Services employee Nelson Medina is hitting Teamsters Local 848 union bosses with federal charges asserting that union officials have threatened to have him fired for refusing to join the union, pay full dues, and pay other fees demanded by union officials. The charges were filed at National Labor Relations Board (NLRB) Region 21 in Los Angeles with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
Medina’s charges come amidst a flurry of Foundation-backed legal action by California workers against Teamsters Local 848. Medina himself filed a Request for Review this July at the NLRB in Washington, DC, challenging a dubious mail-vote process Teamsters officials pushed to gain monopoly bargaining power at his workplace. According to Medina’s Request for Review, at least 12 of his coworkers never had their votes counted in the election due to errors by the NLRB Region and postal service, though union lawyers somehow produced tracking numbers for two ballots that were originally considered late and demanded they be included in the count. Medina argued this indicated illegal ballot harvesting by union officials.
Just last week, Local 848 bosses were also forced to depart Airgas worker Angel Herrera’s Ventura, CA, workplace after he and his coworkers filed a petition for an NLRB-administered vote to remove the union from the workplace. Herrera’s colleagues had been involved in litigation against Local 848 officials since 2020, and filed at least two different majority-backed petitions seeking the end of Local 848’s monopoly bargaining power.
Medina’s charges recount that he sent Teamsters officials a letter on August 15 exercising his right to reject formal union membership. His letter also demanded that union officials provide him his rights as a nonmember under the Foundation-won CWA v. Beck Supreme Court decision, which prohibits union officials from requiring nonmembers as a condition of employment to pay anything to the union beyond fees directly related to bargaining expenses.
Because California lacks Right to Work protections, private sector workers who oppose a union’s presence in their workplace can still be required to pay union fees to keep their jobs. Right to Work protections in 27 states ensure union membership and all union financial support are strictly voluntary.
In an attempt to work around California’s lack of Right to Work, Medina and his coworkers have submitted a petition with sufficient signatures to prompt the NLRB to hold a “deauthorization vote,” after which union officials (even in a state without Right to Work) would be stripped of their forced-dues power if a simple majority of workers vote to do so.
About a month after Medina’s August letter, the charge notes, union officials informed Savage Services management by mail that if Medina and 12 fellow employees did not complete membership applications and submit full dues for the month of September, they should be terminated before September’s final week.
Medina’s charge argues that the union’s attempt to force him into full membership, full dues payment, payment of other non-legally-required fees, and the tiny window union officials gave him to comply with their demands despite not directly giving him notice are all glaring violations of his rights under the National Labor Relations Act (NLRA).
The charge also asks the NLRB to seek an immediate stop to union officials’ coercive actions, demanding injunctive relief for Medina and the 12 others under Section 10(j) of the NLRA. The charge cites “the imminent threat of termination” and “the pending deauthorization petition in this bargaining unit” as reasons injunctive relief must be granted.
“Teamsters Local 848 officials seem to be on a rampage throughout Southern California, brazenly violating the rights of any workers who dare to object to their one-size-fits-all bargaining power and forced-dues demands,” observed National Right to Work Foundation President Mark Mix. “Even amidst vehement worker opposition, Teamsters officials have repeatedly shown a preference for compulsion over trying to persuade workers to support them voluntarily.”
“Mr. Medina has been courageous in his continuing struggle to ensure that union coercion and legal finagling don’t determine the fate of his and his coworkers’ freedom in the workplace, and we are proud to support him in his efforts,” Mix added.
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.