Eaton Employee Forces IAM Union Bosses to Abandon Illegal Termination & Fine Threats
Worker’s legal team still pressing labor board to prosecute union officials for threatening workers who opposed union membership
St. Louis, MO (February 21, 2025) – Robert Jacobs, an employee of power management firm Eaton Corporation at its Troy, Illinois, facility, has forced International Association of Machinists (IAM) union officials to back off their threats to fire him unless he paid hundreds in illegal fees they imposed on him after he exercised his right to end his union membership.
Jacobs filed federal charges in January challenging the union’s so-called “reinstatement fee” threats at the National Labor Relations Board (NLRB). He received free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
In states like Illinois and Missouri that lack Right to Work protections for their private sector workers, union officials have the privilege to enforce contracts that require every employee in a unionized workplace to pay at least a portion of full union dues as a condition of keeping their jobs. However, as per the National Labor Relations Act (NLRA), private sector workers have an absolute right to abstain from formal union membership, a right that was affirmed by landmark Supreme Court decisions such as General Motors v. NLRB.
Federal law further spells out that neither employers nor union officials can compel private sector workers to participate in union activities, which includes imposing retaliatory fees or fines tied to membership. In Right to Work states, in contrast, union membership and financial support are fully voluntary and the choice of each individual employee.
Jacobs and many other Eaton employees resigned their IAM union memberships after a strike order in October 2024 which many workers disagreed with. His federal charge reported that, after the strike, IAM union officials hit him and others who had ended membership with threats of termination if they “fail[ed] to pay a $306 ‘reinstatement fee’ by January 2025.”
Faced with federal charges and an NLRB investigation, IAM union officials quickly sent him a letter taking back the threat, claiming that the whole situation was actually due to an error made by Eaton’s Human Resources department in monthly union fee collections.
Federal Labor Board Urged to Investigate Union’s Post-Strike Threats
Despite the quick reversal, Jacobs’ Foundation-provided attorneys have asked the NLRB to continue the investigation against IAM officials, as demanding membership “reinstatement fees” from workers on pain of termination is an illegal practice that goes beyond simply sending workers an invoice for what union officials believe they owe in monthly fees. By formally prosecuting the IAM for these clear-cut violations of federal labor law, the NLRB could also require IAM officials to notify all workers of their legal rights, including the fact that they have the right to resign their formal union membership and that nonmembers cannot be required to pay any reinstatement fees.
“IAM bosses knew this wasn’t right, and that’s why they’re now scrambling to explain themselves,” commented Jacobs. “While my coworkers and I are unfortunately required by Illinois law to pay some union fees, there’s nothing in the law that lets union bosses threaten us like this over membership, and I think the NLRB should hold union bosses accountable for the sake of our whole workplace.”
Foundation attorneys have recently assisted other employees nationwide in challenging IAM union bosses’ influence, including last August in Dover, Ohio, and Petaluma, California, where employees at two different Ford dealerships successfully voted out IAM Local 1363 and IAM Local 1596 union officials, respectively. Foundation attorneys also successfully attacked an illegal dues scheme imposed by IAM union officials on Boeing engineer Don Zueger, which incorrectly calculated the amount of money he could be required to pay to the union as a condition of employment.
“We’re encouraged that Mr. Jacobs’ legal action has caused IAM bosses to back off a clearly illegal threat they imposed on him. But IAM union officials thought it was appropriate to threaten workers who exercised their limited workplace rights with either huge fines or outright termination. That is a disturbing revelation, and taking such action is more than enough to trigger a formal NLRB complaint against the IAM,” commented National Right to Work Foundation President Mark Mix. “As cases like this show, American workers need security for their freedom to affiliate or disaffiliate with unions as they choose, which is why workers deserve Right to Work protections to make all union affiliation and financial support completely voluntary.”
Troy-Based Eaton Corporation Worker Challenges IAM Union Scheme Pushing Termination, Fines on Workers Who Oppose Union
Federal charge: IAM officials illegally demanded money, threatened termination of workers who resigned union membership after divisive strike
St. Louis, MO (January 9, 2025) – An employee of power management firm Eaton Corporation’s Troy, Illinois, facility has just filed federal charges against the International Association of Machinists (IAM) union for violating the rights of multiple employees at his workplace. The employee, Robert Jacobs, maintains that IAM officials are threatening to get him and other employees who resigned union membership fired unless they pay a so-called “reinstatement fee” concocted by the union. Jacobs filed his charges at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
Under federal labor law, which the NLRB is charged with enforcing, private sector employees have an absolute right to resign union membership. This right is codified in the National Labor Relations Act (NLRA), and was affirmed by landmark Supreme Court decisions such as General Motors v. NLRB. Federal law further spells out that neither employers nor union officials can compel private sector workers to participate in union activities or refrain from such activities.
However, in states like Illinois that lack Right to Work protections for their private sector workers, union officials have the legal privilege to enforce contracts that require every employee in a unionized workplace, including those who have abstained from formal union membership, to pay some portion of union dues as a condition of keeping their jobs. In contrast, in Right to Work states, union financial support is fully voluntary and the choice of each individual employee.
“I and several of my colleagues don’t want to be part of the IAM union, but we are required by law to pay fees to union bosses just to keep our jobs,” commented Jacobs. “That’s already something that we don’t want to do. But IAM officials are going even further and hitting us with hundreds of dollars in made-up fees just because we exercised our right to not be union members.”
Post-Strike, IAM Lodge 660 Union Officials Impose $300+ Fine on Workers Who Quit Union Membership
Last October, IAM union officials ordered Eaton Corporation employees – which comprise a work unit of over 400 people – to strike. After the strike concluded, worker opposition to IAM union bosses’ priorities increased and many decided to end their union memberships, including Jacobs.
According to Jacobs’ federal charge, which was filed on the last day of 2024, “the Union is presently threatening Charging Party and [other employees who resigned from the union] with termination if they fail to pay a $306 ‘reinstatement fee’ by January 2025.” The charge argues that the IAM union is violating Eaton employees’ rights under Section 7 of the NLRA, which safeguards employees’ “right to refrain from any or all of” union activities.
Foundation attorneys have recently assisted other employees nationwide in challenging IAM union bosses’ influence, including last August in Dover, Ohio, and Petaluma, California, where employees at two different Ford dealerships successfully forced out IAM Local 1363 and IAM Local 1596 union officials, respectively. In 2022, Foundation attorneys also successfully attacked an illegal dues scheme imposed by IAM union officials on Boeing engineer Don Zueger, which incorrectly calculated the amount of money he could be required to pay to the union as a nonmember.
“Instead of seeking to win Eaton employees’ voluntary support, IAM union officials have decided to effectively extort the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “Threatening to terminate workers if they don’t pay a fee that is apparently intended to punish those who don’t want union bosses speaking for them tarnishes employee rights and freedom.
“Mr. Jacobs’ case shows the tactics union officials will use to force fealty out of independent-minded workers, which is why it’s important that workers in Illinois and across the nation have the Right to Work freedom to cut off all financial support to union bosses they oppose,” Mix added.
As IAM Strike Order Drags on, National Right to Work Foundation Offers Legal Aid to Boeing Employees Who Want to Work
Foundation notifies employees that those wishing to continue working during a strike should resign their memberships before returning to work
Seattle, WA (October 25, 2023) – The National Right to Work Legal Defense Foundation is emphasizing to Seattle-based Boeing employees that they have options to return to work even amidst International Association of Machinists (IAM) union officials’ extended strike order. Union officials announced on October 23 that their strike order against Boeing – which began well over a month ago – would continue.
A Foundation legal notice informs Boeing employees of their rights, including their right to rebuff the strike order and work to support their families as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“The situation presents serious concerns for employees who believe there is much to lose from a union-ordered strike,” the notice reads. “That is why workers confronted with strike demands frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other harsh union discipline for continuing to report to work to support themselves and their families.”
The full notice is available at https://www.nrtw.org/BoeingStrike/.
Legal Notice: Boeing Workers Who Wish to Work Must Resign From Union Before Returning
The notice outlines the process that Boeing employees should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that IAM union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships before returning to work.
“Union officials can (and often do) fine actual union members who work during a strike,” the notice says. “So, you should seriously consider resigning at least one day BEFORE you return to work during a strike, which is the best way to avoid these union fines and discipline.
“If possible, use certified mail, return receipt requested, and save copies of your letters and the return receipt to prove delivery,” the notice continues, adding that workers who choose to submit their union resignations to union officials in person should have a reliable witness present to combat potential false claims from union officials that they did not actually receive a worker’s resignation.
Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract between IAM union officials and Boeing management. The notice encourages employees to seek free legal aid from the Foundation if they experience any resistance as they attempt to exercise any of these rights.
Foundation attorneys recently helped a Seattle Boeing worker take legal action against IAM officials for seizing his money illegally.
“As this strike order continues with no clear end in sight, many Boeing workers may decide that going on strike is not the best course of action for them, and Foundation attorneys stand ready to aid these workers in defending their right to continue working and providing for their families,” commented National Right to Work Foundation President Mark Mix.
National Right to Work Foundation Issues Special Legal Notice to Boeing Employees Impacted by IAM Union Boss Strike Order
Foundation notifies employees that those wishing to continue working during a strike should resign their memberships before returning to work
Seattle, WA (September 16, 2023) – The National Right to Work Legal Defense Foundation has released a special legal notice to the roughly 30,000 Boeing employees reportedly affected by the strike order issued by International Association of Machinists (IAM) union officials last week.
The Foundation’s legal notice informs Boeing employees of their rights, including their right to rebuff the strike order and to keep working to support their families as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“The situation presents serious concerns for employees who believe there is much to lose from a union-ordered strike,” the notice reads. “That is why workers confronted with strike demands frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other harsh union discipline for continuing to report to work to support themselves and their families.”
The full notice is available at https://www.nrtw.org/BoeingStrike/.
The notice outlines the process that Boeing employees should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that IAM union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships before returning to work.
“Union officials can (and often do) fine actual union members who work during a strike,” the notice says. “So, you should seriously consider resigning at least one day BEFORE you return to work during a strike, which is the best way to avoid these union fines and discipline.
“If possible, use certified mail, return receipt requested, and save copies of your letters and the return receipt to prove delivery,” the notice continues, adding that workers who choose to submit their union resignations to union officials in person should have a reliable witness present to combat potential false claims from union officials that they did not actually receive a worker’s resignation.
Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract between IAM union officials and Boeing management. The notice encourages employees to seek free legal aid from the Foundation if they experience union resistance as they attempt to exercise any of these rights.
“IAM union officials have a history of seeking to increase their own power instead of doing what’s right for rank-and-file workers,” commented National Right to Work Foundation President Mark Mix. “Foundation attorneys recently helped a Seattle Boeing worker take legal action against IAM officials for seizing his money illegally.
“On the eve of a strike order that may last months, many Boeing workers may decide that going on strike is not the best course of action for them, and Foundation attorneys stand ready to aid these workers in defending their right to continue working and providing for their families,” added Mix.
Penske Truck Rental Employees in Minneapolis and Nashville Overwhelmingly Vote to Remove Machinists Union
Majority of workers in both work units have prevailed in effort to free themselves of unwanted IAM union bosses’ so-called ‘representation’
MINNEAPOLIS, MN & NASHVILLE, TN – Majorities of Penske Truck Rental employees at locations in Minnesota and Tennessee have voted to remove the International Association of Machinists (IAM) union from their respective workplaces. The decertification petitions were filed by workers with free legal aid from the National Right to Work Legal Defense Foundation in April with the National Labor Relations Board (NLRB), asking the agency to hold votes to formally remove IAM union officials’ monopoly bargaining power.
On May 1 in Minneapolis, Minnesota workers voted 26 to 7 to remove IAM District Lodge No. 77 union officials. The NLRB-supervised decertification election took place after Penske employee Kyle Fulkerson submitted a petition on April 4, 2024 signed by a majority of his coworkers asking the NLRB to hold a vote to remove the union from the facility.
“This lopsided vote is a testament to the fact that after having seen the IAM up close and personal in our workplace, my colleagues and I are confident that we are better off without union officials so-called ‘representation,” said Fulkerson about the outcome, which became final on May 8 after a one-week objection period passed with no union challenge to the outcome being filed.
Meanwhile in Tennessee, Penske employee David Saylor filed his decertification petition on April 11 backed by a majority of the employees at the downtown Nashville Penske location. On May 8, they voted 15 to 8 to oust IAM District Lodge No. 735. Today, on Thursday, May 16, 2024, the vote became finalized absent a last ditch attempt by union officials to overturn the workers’ vote.
The Minneapolis and Nashville-based workers are not the only Penske employees to remove unwanted union so-called “representation” with legal aid from the National Right to Work Foundation. In 2022, every worker but one as a Penske facility in Indiana signed a petition seeking to decertify the Teamsters union officials at that location. Before an NLRB-supervised decertification election was scheduled, Teamsters officials issued a statement, disclaiming representation in an apparent attempt to spare themselves the embarrassment of an overwhelming vote by workers to reject the union’s so-called “representation.”.
“Workers across the country are increasingly exercising their rights to remove unwanted unions, with more decertification elections held last year than in any year since 2017,” said National Right to Work Foundation President Mark Mix. “No worker anywhere should be forced under the so-called ‘representation’ of a union they oppose, and Foundation staff attorneys stand ready to assist workers wanting to hold a decertification election to oust a union they oppose and believe they would be better off without.”
Foundation Defends Michigan Workers with Forced Dues Looming
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
With Right to Work repeal law passed, workers seek to escape mandatory payments
Michigan legislators’ unpopular decision to repeal the state’s Right to Work law helped prompt Mary Soltysiak and her coworkers’ move to vote out the IAM union.
LANSING, MI – Despite poll after poll showing 70 percent of Michiganders wanted Michigan’s decade-old Right to Work law left in place, Gov. Gretchen Whitmer and union cronies in the Michigan Legislature voted to strip Wolverine State workers of their right to refrain from funding unwanted union bosses in March. In response, the Foundation sprang into action, issuing a Special Legal Notice to Michigan workers advising them of their legal options as the state transitions to a forced-dues regime. The notice reminded workers that, despite what union bosses may claim, the state’s Right to Work law remains in effect until 90 days after the legislative session ends later this year — and also what they can do in advance of forced dues being legal again. Unsurprisingly, given Right to Work’s popularity even among union households, Michigan workers are stepping up and taking action to defend their rights against coercive unionism.
Michigan Workers Battle Forced-Dues Schemes Ahead of Repeal
For example, Foundation attorneys are currently assisting Grand Rapids-area Kroger employee Roger Cornett’s challenge to an illegal dues scheme perpetrated by United Food and Commercial Workers (UFCW) union officials. Cornett hit UFCW bosses with federal charges this May, accusing them of ignoring a letter in which he exercised his right to cut off dues deductions from his paycheck. Cornett’s charges also maintained that UFCW bosses sought to seize money from him using a form that blatantly violates existing federal law. Cornett’s charge says the form is illegal because of its “dual purpose” nature, meaning just one signature confusingly locks a worker into both membership and dues deductions. Federal law requires any authorization for union dues deductions to be voluntary and separate from a union membership application. UFCW bosses’ contempt for longstanding federal protections in Cornett’s case likely indicates how aggressively union officials will pursue forced dues under a non-Right to Work regime. The Foundation’s legal notice also counsels workers that they can avoid forced-dues arrangements entirely by petitioning the NLRB to hold “decertification elections” at their workplaces, in which workers can vote unpopular unions out.
Legal Notice Counsels Workers of Right to Vote Out Unwanted Unions
Mary Soltysiak, who opposes forced dues, heard news of the upcoming repeal and filed a petition to decertify the International Association of Machinists and Aerospace Workers (IAM) District Lodge 60/Local Lodge 475 union with free legal aid from Foundation staff attorneys. Soltysiak and her colleagues work at Terryberry, a manufacturing firm in Grand Rapids, MI.
Soltysiak stated that she and some of her colleagues “contacted [a Foundation attorney] and filled out paperwork to get out of paying union dues around the year 2018 because of the Right to Work . . . law.”
“The union has done nothing but hurt my paycheck and my vacation hours,” Soltysiak added.
Soltysiak and her coworkers achieved victory this May, when the NLRB certified their majority vote ousting the IAM union. Hopefully, their success portends the future success of the growing number of workers in Michigan and across the country looking to decertify the unions in their workplaces.
Foundation Also Defending Public Sector Right to Work Protections
As noted in the Foundation’s legal notice, the Michigan Right to Work repeal does not affect public sector Michigan employees. Under the Foundation-won Janus v. AFSCME Supreme Court decision, no public worker in America can be forced to subsidize a union as a condition of employment. But, as the repeal is looming, Michigan public sector union officials are nonetheless seeking to undermine public employees’ freedom to refrain from union support through so-called “fee-for-grievance” schemes.
This April, the Foundation submitted a brief in the Michigan Supreme Court case Technical, Professional and Officeworkers Association of Michigan (TPOAM) v. Renner, in which TPOAM officials are trying to enforce a “fee-for-grievance” policy against Saginaw County employee Daniel Renner. Under it, union bosses strip nonmember public employees of any power to file grievances themselves, and instead mandate that they pay fees sometimes exceeding yearly union dues to use the union’s grievance system.
Michigan legislators’ unpopular decision to repeal the state’s Right to Work law helped prompt Mary Soltysiak and her coworkers’ move to vote out the IAM union.
In the brief, Foundation staff attorneys refute the union’s claims for this newfound power, stating that “fee-for-grievance” schemes were never authorized by the Michigan Legislature and are inconsistent with federal law.
Foundation Attorneys Will Defend Worker Freedom in Michigan
“Michigan union officials and their allies in the state legislature have contempt for workers’ individual rights that knows no bounds,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “That was made clear by the repeal of the popular Right to Work law, and the attempt to undermine Right to Work protections for public sector employees which are safeguarded by the First Amendment under the Foundation’s Janus U.S. Supreme Court victory.”
“Michigan workers have a long road ahead to restore their rights against union coercion, but Foundation attorneys are fighting alongside these workers, and will continue to fight until no Michigan worker can be forced to pay union bosses they disapprove of just to keep a job,” Messenger added.
Grand Rapids TerryBerry Workers Vote to Remove Unwanted Machinists Union from Workplace
Once final, vote to boot IAM union officials strips union of ability to impose forced dues in wake of Right to Work repeal legislation
Grand Rapids, MI (May 16, 2023) – Workers at the TerryBerry Company in Michigan recently voted to remove International Association of Machinist of Aerospace Engineers (IAM) District Lodge 60/Local Lodge 475 union officials’ forced representation powers. A petition filed by Mary Soltysiak with the National Labor Relations Board Region 7 (NLRB) led to this successful vote. Soltysiak received free legal aid from the National Right to Work Legal Defense Foundation.
Mary Soltysiak and her coworkers at TerryBerry Company filed for a decertification vote on April 14, 2023, with free legal aid from National Right to Work Legal Defense Foundation staff attorneys. Her decertification petition contained signatures of a majority of the employees in the unit. Soltysiak has been under the protections of the Michigan Right to Work law since 2018.
Under federal labor law, workers can trigger such a decertification vote with the support of 30% of workers in a unionized workplace. The NLRB should then promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on workers. The NLRB scheduled a vote for May 15, 2023.
On May 15, TerryBerry employees made their position on the union clear, voting to remove the union from their workplace. Barring any objections by union officials that seek to overturn the vote, the workers will be officially free of the union in one week.
The workers’ decertification petition comes in the wake of Michigan legislators ramming through a bill to repeal their state’s decade-old and highly popular Right to Work law. When the repeal law takes effect, union officials will once again have the power to force workers to pay up or be fired in workplaces where the union has forced “representation” powers. Luckily for Soltysiak and her coworkers, however, due to the successful decertification vote they will continue to be free of union coercion.
The TerryBerry decertification is one example of growing distrust in unionization, especially in Michigan. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“As Michigan workers again face the prospect of mandatory union dues, we expect more will follow these TerryBerry workers and seek to decertify unions,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “Numerous polls showed that Michigan voters overwhelmingly supported Michigan’s Right to Work law, which doesn’t prevent a single person from voluntarily joining or paying dues to a union, but merely protects workers from being fired for non-payment.”
“Being forced under a union you oppose is bad enough, but then being told to pay up or be fired is even worse,” continued Mix. “Michigan workers can turn to the National Right to Work Foundation staff attorneys who stand ready to assist them in exercising their right to decertify unwanted unions.”
With Right to Work Repeal Coming, Michigan Workers Seek a Vote to End Union ‘Representation’ They Oppose
Majority of TerryBerry employees in Grand Rapids signed decertification petition seeking to oust machinist union
Grand Rapids, MI (April 25, 2023) – TerryBerry Company employee Mary Soltysiak filed a petition for dozens of her coworkers with the National Labor Relations Board Region 7 (NLRB) seeking a vote to remove the International Association of Machinist of Aerospace Engineers (IAM) District Lodge 60/Local Lodge 475 union officials’ forced representation powers.
This workers’ decertification petition comes in the wake of Michigan legislators ramming through a bill to repeal their state’s decade-old and highly popular Right to Work law. When the repeal law takes effect, union officials will once again have the power to force workers to pay up or be fired in workplaces where the union has forced “representation” powers.
Mary Soltysiak and her coworkers at TerryBerry Company filed for a decertification vote on April 14, 2023, with free legal aid from National Right to Work Legal Defense Foundation staff attorneys. Previously, she had been under the protections of the Michigan Right to Work law since 2018. Her decertification petition contained signatures of a majority of the employees in the unit.
Under federal labor law, workers can trigger such a decertification vote with the support of 30% of workers in a unionized workplace. The NLRB should then promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on workers.
National Right to Work Foundation-backed reforms the NLRB adopted in 2020 made it somewhat easier for workers to exercise their right to hold votes to remove unwanted union officials. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder to decertify a union.
Even under the 2020 “Election Protection Rule” overcoming union tactics to block such votes can often be difficult, which is why workers are encouraged to contact the Foundation for free legal representation in navigating the process. Worker interest in removing unwanted unions is growing nationwide, especially in Michigan. The National Right to Work Legal Defense Foundation staff attorneys field numerous requests for free legal assistance in decertification cases, like the one brought by Soltysiak and her coworkers.
The NLRB’s own data shows that, currently, a unionized private sector worker is far more likely to be involved in a decertification effort as a nonunion worker is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“Poll after poll showed that Michigan voters overwhelmingly supported Michigan’s Right to Work law, which doesn’t prevent a single person from voluntarily joining or paying dues to a union, but merely protects workers from being fired for non-payment,” observed Mark Mix, President of the National Right to Work Legal Defense Foundation. “Instead of listening to voters and trusting workers to decide whether or not to subsidize union activities, anti-Right to Work legislators and Governor Whitmer decided to cater to politically-connected union bosses and gave them the power to extort workers to pay up or be fired.”
“As Michigan workers again face the prospect of mandatory union dues, we expect more will follow these TerryBerry workers and seek an end to union officials’ so-called ‘representation’ in their workplaces,” continued Mix. “Being forced under a union you oppose is bad enough, but then being told to pay up or be fired is even worse. Michigan workers should know that National Right to Work Foundation staff attorneys stand ready to assist them in exercising their right to decertify unwanted unions.”
Full Foundation Action November/December 2022 Newsletter Now Online
All articles from the November/December issue of Foundation Action are now on the website.
In this issue:
- South Jersey Bus Drivers Challenge Dues Trap Scheme in New Janus Lawsuit
- Slot Machine Technicians Appeal Outrageous Decision Denying Decertification Vote
- Worker Wins $18,000+ for Illegal Firing at IAM Union Bosses’ Behest
- Mark Mix in The Wall Street Journal: Jennifer Abruzzo’s Plan to Abolish Union Elections
- Flight Attendant Battling Religious Discrimination Beats Union Attempt to End Case
- Forced Dues For Politics: CWA Union Hit with Federal Charge by Pennsylvania Metal Worker
Recent articles can be found here. To sign up for a free copy of the newsletter via mail please see the form at the bottom of this page.
Workers Win Cash Back in Case Challenging Illegal Discrimination for Non-Union Status
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, November/December 2022 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Machinists union scheme sought to deny non-union workers’ bonuses because they opposed union association
IAM bosses regularly discriminate against dissident workers. In 2011, Foundation-assisted South Carolina Boeing employee Dennis Murray recounted how IAM officials tried to shutter his plant because workers there had voted the IAM out.
RIDGWAY, PA – Twelve nonunion factory employees at Clarion Sintered Metals, Inc., have each received $1,000 in back pay bonuses after being illegally discriminated against by International Association of Machinists and Aerospace Workers (IAM) Local 2448 and their employer. With free legal aid from the National Right to Work Foundation, factory worker James Cobaugh filed federal charges against Clarion and IAM as he sought justice for himself and other non-member workers subject to unlawful discrimination.
Mr. Cobaugh’s charges against the union and his employer were filed on April 22, 2022, with the National Labor Relations Board (NLRB). The charges came after the union and Clarion Sintered Metals gave $1,000 bonuses to union members, but denied them to workers who exercised their legal right not to join the union. Rather than face prosecution by the NLRB, both the union and employer have now agreed to settle the case.
In addition to the non-union employees receiving the bonuses they were previously denied as a result of the illegal discrimination, both the IAM and Clarion Sintered Metals are required to post notices that inform workers of their right to refrain from joining a union. The notices also state union officials will not maintain or enforce such discriminatory agreements going forward.
Machinists Union Bosses Already Forced Non-Union Workers to Pay Dues
Because Pennsylvania lacks Right to Work protections for private sector employees, unions can force workers to pay up to 100% of union dues as a condition of keeping their jobs. This means that Mr. Cobaugh, although not a formal IAM union member, can be forced to pay up to 100% of IAM’s union dues to keep his job at Clarion Sintered Metals.
Even in Right to Work states, under federal law union bosses are granted the power to impose “representation” on individual workers against their will, including forcing non-member workers under union monopoly contracts they oppose. By stripping workers of their right to bargain for their own terms and conditions of employment, individual workers by law are prohibited from negotiating for themselves with their employers for better conditions.
Forced Union Monopoly ‘Representation’ Long Used to Discriminate
Union officials frequently use these government-granted powers to harm certain workers, for example those workers who, based on their productivity, would otherwise earn performance bonuses or higher compensation. Although union officials can impose one-size-fits-all monopoly contracts that favor some workers over others, there are some limits on how union monopoly powers can be used to discriminate.
The U.S. Supreme Court imposed these limits after union officials wielded their powers to negotiate and enforce racially discriminatory contracts (Steele v. Louisville & N.R. Co. et al.). Explicitly discriminating against workers who exercise their legally protected right to not formally join a union and not be subject to internal union rules, as the IAM officials did in this case, has also long been illegal.
“This situation highlights how workers less knowledgeable of their legal rights are susceptible to blatantly illegal tactics of power-hungry union bosses,” commented National Right to Work Foundation Vice President Patrick Semmens. “Mr. Cobaugh courageously stood up to the union’s unlawful actions, not only for himself, but also for the other non-member workers subjected to this illegal discrimination.”
