**Springfield, VA (September 21, 2006)** – Stefan Gleason, vice president of the National Right to Work Legal Defense Foundation, made the following statement in response to today’s ground-breaking ruling by the U.S. Court of Appeals for the Ninth Circuit. An en banc panel of the Ninth Circuit reversed two of its earlier appellate rulings by a vote of 8-3, upholding a state law that will effectively force coercive union organizing upon employees of private companies who receive state funds.
“In a controversial decision with national implications, the activist Ninth Circuit in Chamber v. Lockyer has done an about face and upheld a California law which will surely result in increased pressure on employees to join unions.
“This special-interest state statute is pre-empted by federal labor law, which is supposed to protect employees from pressure to unionize by other entities working in concert with union officials. Numerous federal courts across America have recognized this fact before the Ninth Circuit went out on this limb.
“The practical effect will be that employees of private employers wishing to accept funds from the state must be denied truthful information regarding the downsides of unionization, and their employers could ultimately be blackballed from government contracts unless they clear the path for union organizers to recruit new forced-dues-paying members. Moreover, union organizers will insist that the law entitles them to sweeping access to company facilities, employees’ private personal information, and the power to sidestep the less-abusive secret ballot election process for determining whether employees actually want a union – a procedure overseen by the National Labor Relations Board.
“State officials are using the heavy hand of government to trample upon workers’ rights. Because union hierarchies seem to be having difficulties persuading employees to join unions voluntarily, they have resorted to these tactics in order to maintain the flow of forced union dues into their coffers.
“The National Right to Work Foundation denounces this rogue appellate ruling and vows to support efforts to gain U.S. Supreme Court review.”
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.