Albany-area worker filed unfair labor practice charge against Teamsters at National Labor Relations Board with free legal aid from the National Right to Work Foundation
Latham, NY (October 30, 2019) — National Right to Work Legal Defense Foundation staff attorneys filed an unfair labor practice charge on behalf of an employee of a Pepsi plant, against a local Teamsters union after union officials wrongly told him he would have to join the union as a condition of employment, tried to get him fired and would not allow him to exercise his legal right to resign from the union.
Vince Zasonski works for a Pepsi-Cola production plant in Lathan, New York where Teamsters Local 294 have a bargaining agreement which includes a union security clause, making union payments mandatory. In the summer of 2018, Zasonski, who did not voluntarily join the union, wanted to leave union membership, but a union official told him that because New York is not a Right to Work state, he would have to stay in the union.
In that statement, which came after Zasonski inquired about resigning from the union, the union fundamentally misstated workers’ rights under the National Labor Relations Act and longstanding legal precedents. While New York workers lack Right to Work protections that make all union payments strictly voluntary, Empire State workers still have the right to resign their formal membership and pay only the portion of union dues allowed under the Supreme Court’s Communications Workers of America v. Beck decision, which said unions cannot force workers to pay for activities unrelated to bargaining such as union political and lobbying activities.
The official then tried to get Zasonski fired for seeking to resign his union membership. In August of 2019, Zasonski wrote to union officials to resign his union membership and assert his Beck rights.
Union officials, however, still have not responded to his letter or recognized his legal rights. The unfair labor practice charge Zasonski filed with the free legal aid from National Right to Work Foundation staff attorneys states that union officials never explained that he could resign from the union or that he could assert his Beck rights, nor did they provide him with a breakdown of fees according to the Beck standard or reduce Zasonski’s dues as he asked.
The union continues to unlawfully take a cut of Zasonski’s paycheck as if he were a full member of the union despite his attempts to resign membership and exercise his rights not to pay dues that support union political activities in violation of his rights.
“Lying to employees about their right to resign from union membership and their ability to stop paying full dues shows what lengths greedy union bosses will go to pad union coffers, even if it means violating the rights of the very workers they claim to represent,” said National Right to Work Foundation President Mark Mix. “This case shows why every worker in America needs the protection of a Right to Work law that makes union membership and financial support strictly voluntary.”
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 more than 250 cases nationwide per year.