Grand Junction, CO (October 22, 2010) – With free legal assistance from the National Right to Work Foundation, a bus driver who was fired because his wife opposed unionization has filed federal unfair labor practice charges against First Student, Inc. and International Brotherhood of Teamsters Local 455 union officials.
Clark Kelley, a mechanic employed by First Student for over 20 years, is married to Traci Kelley, a former First Student bus driver. Mrs. Kelley vocally opposed a Teamsters organizing campaign in late 2009, and subsequently filed unfair labor practice charges against Teamster officials for attempting to force her to join the union. Although Clark Kelley is also employed by First Student, he did not work in the same bargaining unit and was not a union member.
A month after she filed unfair labor practice charges, Traci Kelley and her husband were suspended from their jobs. On April 21, 2010 Clark Kelley was fired from First Student in retaliation for his wife’s refusal to join the Teamsters union and for the unfair labor practice charges she filed.
Although First Student claims that he was terminated for faulty maintenance records, Clark Kelley believes that this was a pretext for retaliation against his wife. Moreover, several other First Student employees believe that Kelley was terminated “to get to” his wife for opposing the Teamsters’ presence.
While Colorado workers can be forced to pay certain union dues as a condition of employment, employees cannot be disciplined for opposing unionization or refusing to join a union. Employers are also prohibited from using disciplinary action to discourage other independent-minded workers from speaking out against union officials.
Clark Kelley’s charges will now be investigated by the National Labor Relations Board.
“In a heavy-handed attempt to quash employee dissent, Teamster bosses had Clark Kelley fired because his wife took a stand against workplace intimidation,” said Patrick Semmens, Legal Information Director for the National Right to Work Foundation. “Workers shouldn’t be punished for speaking out on the job, and we hope the National Labor Relations Board will intervene promptly to ensure company and union officials are held accountable for their thuggish tactics.”
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.