The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.

Longstanding law protects against mandatory dues deductions, formal union membership

Firestop inspector Alexandra Le isn’t going to let IUOE union bosses snuff out her livelihood over her refusal to join or support the union. She’s filed federal charges with Foundation aid.

PLEASANTON, CA – Sometimes, even the extraordinary power to demand payments from workers under threat of termination isn’t enough for union bosses, who frequently go beyond what is legal to coerce workers into membership and dues payment.

Alexandra Le, an employee of Construction Testing Services (CTS), found herself on the receiving end of such illegal demands from International Union of Operating Engineers (IUOE) officials in October. But Le is now fighting back, hitting IUOE bosses and her employer with federal charges at National Labor Relations Board (NLRB) Region 32 with free legal aid from the National Right to Work Foundation.

Union Misinformed Worker About Rights

Le’s charges state that IUOE bosses got her fired after she rebuffed their demands to formally join the union. Additionally, Le’s charges maintain that union officials unlawfully deducted union dues from her paycheck without her permission and failed to inform her of her right to pay reduced union dues as a non-member — a right secured by the Foundation-won CWA v. Beck Supreme Court victory.

Because California lacks Right to Work protections for its private sector workers, Le and her coworkers can be forced to pay some fees to the union to keep their jobs, even if they’ve abstained from formal union membership. However, as per Beck, in non-Right to Work states, union officials can’t force nonmember employees to pay for union expenses (such as union politics) that go beyond what the union claims goes to bargaining.

Other Supreme Court precedents require union bosses to seek workers’ express consent before deducting dues directly from their paychecks.

In Right to Work states, all union financial support is voluntary and the choice of each individual worker.

Employee Demands Federal Injunction to Reverse Illegal Union-Ordered Firing

“It’s outrageous that IUOE union officials believe they can get me fired simply because I don’t agree with their organization and don’t want to support or affiliate with them,” Le said. “IUOE union officials have been far more concerned with consolidating power in the workplace and collecting dues than caring about me and my coworkers, and I hope the NLRB will hold them responsible for their illegal actions.”

Le’s charge against the IUOE union states that, after she refused to affiliate with the union, IUOE bosses “caused Charging Party to be removed from the work schedule by her Employer as of October 2nd.” The NLRB v. General Motors Corp. U.S. Supreme Court decision protects the right of workers to refuse formal union membership, even in a non-Right to Work state.

As a remedy, the charge asks the NLRB Regional Director in Oakland to “invoke its authority under Section 10(j)” of the National Labor Relations Act (NLRA), which empowers the Board to seek an injunction from a federal court to stop IUOE and CTS management from committing the unfair labor practices.

Workers Need More Protections Against Union Boss Coercion

“Ms. Le’s case shows why Right to Work protections are important,” commented National Right to Work Foundation Vice President and Legal Director William Messenger.

“Even if IUOE union officials had followed federal labor law in this case, Ms. Le would still be forced to contribute to the activities of an organization she clearly doesn’t want to be part of.

“As Ms. Le’s case demonstrates, union bosses often value workers merely as sources of dues revenue and will go to extraordinary lengths to keep the money flowing,” Messenger added. “Workers deserve more protections against union boss coercion, not fewer.”