Washington, DC (June 3, 2014) –National Right to Work Foundation staff attorneys have just asked the D.C. Circuit Court of Appeals to overturn a National Labor Relations Board (NLRB) decision that prevents Latino Express employees in Lyons, Illinois from ejecting an unwanted union.

In the spring of 2012, fifty-four of the eight-four Latino Express employees in Lyons signed a decertification petition to remove the Teamsters Local 777 union. Latino Express withdrew recognition of the union, but Teamster operatives filed unfair labor practice charges against the company to block workers’ attempt to get rid of them.

With the help of Foundation staff attorneys, 32 Latino Express employees subsequently moved to intervene in the hearing on the union’s unfair labor practice charges to defend their decision to get rid of the unwanted union. Unfortunately, an Administrative Law Judge denied the workers’ motion.

Even though a clear majority of employees were dissatisfied with the union, the Administrative Law Judge subsequently reinstalled the Teamsters Local 777 union as the monopoly bargaining agent for Latino Express employees. Right to Work staff attorneys appealed that decision to the National Labor Relations Board, but the Board rejected the employees’ arguments.

Consequently, union officials are empowered to negotiate terms and conditions of employment for Latino Express workers, even those who oppose the union’s presence.

Foundation attorneys are now appealing the NLRB’s ruling to the U.S. Court of Appeals for the D.C. Circuit. They contend that the Board should respect the wishes of a majority of Latino Express employees and not punish workers for any alleged wrongdoing committed by their employer.

“Latino Express employees have repeatedly expressed their desire to get rid of an unwanted Teamsters union,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “So far, the NLRB has ignored their wishes in favor of protecting union bosses’ monopoly bargaining privileges.”

“We hope this appeal will uphold the right of employees to rid themselves of an unwanted union,” continued Semmens.

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.