The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Foundation-backed workers battle union seizures of PAC money, confusing dues forms
President Biden has worked hard to give UFCW bosses and other union officials across America drastically more coercive power over workers. So it’s no wonder UFCW officials are trying to illicitly funnel employee money into union PACs.
DETROIT, MI – Union bosses in states without Right to Work laws are granted the extraordinary legal power to demand that workers pay dues or fees just to keep their jobs. But this perk doesn’t stop many union chiefs in those states from going beyond what is legally permitted to funnel more worker cash into their political activities or other agenda items.
Two recent cases National Right to Work Foundation staff attorneys are litigating for Kroger Grocery employees Roger Cornett, who works just outside Detroit, Michigan, and James Carroll, who works at a store in Fairfield, Ohio, represent just the latest examples of union officials’ tactics designed to require employees to pay for union political activities without obtaining legally-required consent.
In both cases, United Food and Commercial Workers (UFCW) union officials demanded employees agree to formal union membership and to pay full union dues to keep their jobs, which decades-old Supreme Court cases forbid even in non-Right to Work states. In fact, Cornett states in his federal charges against Kroger and the union that UFCW union officials lack a legal basis to demand money from any worker at all.
Neither situation is helped by the fact that Kroger, a supermarket company with a long history of being complicit when union officials violate its employees’ rights, not only did nothing to defend the rights of its employees but actually threatened the employees for not going along with union schemes.
Union Socks Away Worker Cash for PAC, Despite No Legal Authority
Cornett’s charges recount that he asked Kroger officials in February if there was an updated version of the union contract that would require him and other nonmembers to pay dues as a condition of employment in light of the repeal of Michigan’s Right to Work law. Neither UFCW nor Kroger provided Cornett with such a contract in response to his request.
The lack of a contract eviscerates the UFCW’s ability to demand any money from workers. Under longstanding federal law, even in a state without Right to Work protections, union officials can only require employees to pay dues as a condition of employment if there exists a contract with a valid forced-dues clause.
Union officials also told Cornett and other workers that it was a condition of employment for employees to become union members, authorize direct deductions of union dues from their pay, and “sign all or part of the three-part Union membership application and checkoff form” — the latter of which included a page authorizing deductions for the union’s Political Action Committee (PAC).
The Foundation-won CWA v. Beck Supreme Court decision forbids union officials from forcing nonmember workers to pay money for any expenses outside the union’s core bargaining functions, while federal law prevents union bosses from requiring workers to authorize payroll deductions of union dues (as opposed to less intrusive methods) or to pay money to a union PAC used to fund union boss-backed political candidates.
Cornett says in his charges that he decided to sign the three-part form in order to keep his job, but Foundation attorneys are fighting to ensure he will be vindicated for each and every violation by union officials and Kroger.
Ohio Worker Duels UFCW Over Illegal ‘Dual-Purpose’ Membership Form
In Ohio, Kroger employee James Carroll has charged UFCW union bosses with coercing him into signing an illegal “dual-purpose” membership form, which seeks only one employee signature for authorization of both union membership and dues deductions.
Federal labor law requires that any authorization for union dues deductions be voluntary and separate from a union membership application, as workers have the right to abstain from forced union membership even in non-Right to Work states where some fees can be required. In his case, Carroll is also battling Kroger’s continuing deduction of full union dues from his paycheck at UFCW chiefs’ behest, despite his lack of consent.
“Not only did UFCW bosses present me with a form that clearly violates federal labor law, but they also threatened that I would lose my job if I didn’t sign it,” commented Carroll. “This only serves to show me that UFCW bosses don’t care about my rights and are simply interested in getting union dues out of me, and it’s sad to see my employer going along with this as well.”
Right to Work Protects Worker Freedom Where Federal Law Doesn’t
“Even where Right to Work isn’t in effect, federal law protects the right of workers not to be forced into formal union membership that includes support for union politics. But union bosses regularly seek to exploit their power to demand payments that go beyond what the law allows,” commented National Right to Work Foundation Vice President Patrick Semmens. “We’re proud to help Mr. Carroll and Mr. Cornett defend their rights, but ultimately Ohio and Michigan workers need the protection of Right to Work so union financial support is fully voluntary and employees have a clear right to say ‘no’ to any union demand for payment.”
