IAM Union ‘Becks’ Down in Boeing Technician’s Case Over Unlawful Dues Deductions
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2022 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
IAM bosses charged arbitrary higher amount in violation of Foundation-won Beck precedent
IAM union bosses’ illegal fee scheme faced headwinds when Boeing technician Don Zueger defended his rights with Foundation legal aid – and won.
SEATTLE, WA – Boeing technician Don Zueger didn’t want to sacrifice a cent from his paycheck to subsidize the activities of International Association of Machinists (IAM) union bosses who currently maintain monopoly bargaining power in his workplace. But, because he works in non-Right to Work Washington State, he can be forced to pay some union fees just to keep his job.
When Zueger found out union officials were calculating his forced fees amount based on financial data from nine other IAM affiliates – not just data from his own district union – he knew something was amiss.
Zueger sought free legal representation from the National Right to Work Legal Defense Foundation and filed a federal lawsuit against the IAM union for violating his rights under the 1988 Foundation-won CWA v. Beck U.S. Supreme Court decision. In Beck, the Court ruled that union officials cannot charge full union dues to objecting private sector workers who have abstained from formal union membership, and can only charge them “fees” which exclude expenses for things like union political activities.
IAM Bosses Use Baseless ‘Formula’ to Seize Excessive Forced Union Fees
Zueger’s lawsuit pointed out that IAM officials’ puzzling scheme imposed a dues amount on him that exceeds the limit that Beck established. Now he has won a settlement that requires union officials to decrease his dues payments and return money illegally taken from his wages.
Washington State’s lack of Right to Work protections mean that union officials can legally demand Zueger pay the reduced Beck amount as a condition of staying employed. In Right to Work states, in contrast, union membership and all union financial support are strictly voluntary.
According to Zueger’s lawsuit, filed in the U.S. District Court for the Western District of Washington, he submitted a request to IAM union officials in February resigning his union membership and asking for his dues payments to be reduced as Beck requires.
Zueger’s lawsuit noted that IAM officials’ response to his Beck request claimed that, under IAM’s nationwide policy, the portion of union dues he must pay is based on averages of selected audits that in each case include nine other district IAM affiliates and nine other locals. Unsurprisingly, this policy resulted in IAM officials claiming Zueger is required to pay a greater sum than what would be required if union officials only used the audits for the district and local unions Zueger is forced to fund.
His lawsuit sought to force IAM union bosses to return all money demanded in violation of Beck and to properly reduce his future union payments in accordance with Beck.
Rather than attempt to defend their scheme to increase Zueger’s forced fee amount, IAM union chiefs quickly backed down and settled the case.
IAM union officials have now, as the settlement mandates, returned to Zueger the difference between the proper Beck dues amount and the illegal amount the union imposed on him. IAM bosses are also forbidden from demanding any money above the correctly calculated reduced Beck portion in the future, making the settlement a full vindication of Zueger’s Beck rights.
IAM Must Return Dues That Could Have Gone to Union Boss Political Agenda
Zueger’s settlement comes after union bosses spent near-record sums on politics during the 2020 election cycle, and as Foundation attorneys deal with a flurry of worker requests concerning illegal forced dues for politics. According to a report by the National Institute for Labor Relations Research (NILRR) released in 2021, public data on union expenses shows about $2 billion in political spending during the 2020 election cycle. Other estimates suggest the actual union spending on political and lobbying activities topped $12 billion during this cycle.
“It’s shameful that union officials continue to invent new ways to violate the decades-old Beck Supreme Court precedent and overcharge workers who clearly want nothing to do with union bosses and their agenda – a big concern as union politicking heats up in advance of midterm elections,” commented National Right to Work Foundation Vice President Patrick Semmens. “This scheme to artificially manipulate forced dues calculations is part of the IAM’s nationwide policy, and the Foundation stands ready to assist other workers around the country who are being subjected to this anti-Beck IAM scheme.”
Atlantic Aviation Employees Win Freedom from Unwanted Union
Incompetent Machinists union bosses fly away to avoid worker vote
IAM union officials loafed around at Tiffany Lipyanic’s workplace for years, all the while siphoning dues from her and her coworkers. She’s thankful to the Foundation for aid in navigating the complex process to vote them out.
PHILADEPHIA, PA – Atlantic Aviation PNE, Inc. employees have freed themselves from unwanted union monopoly “representation” after filing a decertification election request with the National Labor Relations Board (NLRB). Tiffany Lipyanic, a line service technician, filed the petition to end the union’s monopoly bargaining powers for all workers at the Atlantic Aviation facility at Philadelphia Northeast Airport. International Association of Machinists (IAM) union officials then abandoned their “representation” rather than face an overwhelming vote against the union.
‘We Were Paying Union Officials and Got Nothing in Return’
Lipyanic and her colleagues received free legal assistance from National Right to Work Foundation staff attorneys in filing their petition for a vote to oust union officials. The petition, filed on February 15 by tire service and customer service representatives, was signed by more than twice the number needed to trigger an NLRB-supervised “decertification” secret-ballot election, after which union officials lose monopoly bargaining power if a majority of workers vote to remove them.
Rather than proceed to a vote, IAM District Lodge 142 and Local Lodge 1776 officials filed documents with the NLRB disclaiming their monopoly bargaining powers on February 28.
“After trying to work with union officials for years, it became apparent our pleas fell on deaf ears. We were paying union officials and got nothing in return, so we’re glad to finally be free of them,” Lipyanic commented. “Having the National Right to Work Foundation’s assistance gave us confidence in our journey to finally free ourselves from union bureaucrats that took our money and disregarded us at every turn.”
Foundation-Backed Rules Aid Workers in Removing Unpopular Union Bosses
This is the latest in a series of successful worker efforts to oust unwanted union officials aided by National Right to Work Foundation staff attorneys. Just since the beginning of 2021, Foundation attorneys provided legal assistance in well over 50 NLRB decertification efforts, which together sought to end union boss control of over 7,000 workers.
Recent Foundation efforts to break down union boss-created legal barriers to unseating unwanted union officials have allowed more workers to free themselves from unwanted union ranks. In 2020, following detailed formal comments submitted by Foundation attorneys, the NLRB adopted rules eviscerating union bosses’ ability to stop a decertification effort with “blocking charges,” i.e., accusations made against an employer that are often unverified and have no connection to workers’ desire to kick out unwanted union officials.
“Under the protection of a Right to Work law each individual worker can decide whether or not to join or financially support a labor union. Unfortunately, current law empowers union bosses in many states to use their monopoly bargaining status to force workers to pay up or be fired,” commented National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse.
“The Foundation is glad to have helped the workers at Atlantic Aviation exercise their right to free themselves of a union they oppose. But to better protect all workers’ freedom of association, Right to Work laws should be on the books in all states,” LaJeunesse added.
Boeing Technician Files Federal Lawsuit Against Machinists Union Over Illegal Forced Dues Demands
Instead of reducing nonmember worker’s payments in accordance with Supreme Court precedent, union bosses charged him arbitrary higher amount
Seattle, WA (May 24, 2022) – With free legal aid from the National Right to Work Legal Defense Foundation, Seattle Boeing technician Don Zueger is suing International Association of Machinists (IAM) union officials in federal court for violating his right to refrain from paying for unwanted union activities.
Zueger, who is not a member of the IAM union, is defending his right under the Foundation-won 1988 CWA v. Beck U.S. Supreme Court decision, in which the Court ruled that union officials cannot charge full union dues to objecting private sector workers who have abstained from formal union membership. Under Beck, union officials can only charge union nonmembers “fees” which exclude expenses for things like union political activities.
Because Washington State lacks Right to Work protections for its private sector workers, nonmembers like Zueger can be forced to pay the reduced amount under Beck as a condition of keeping their jobs. In Right to Work states, in contrast, union membership and all union financial support are strictly voluntary.
IAM Officials Continue to Overcharge Worker in Violation of His Rights
According to Zueger’s lawsuit, filed in the U.S. District Court for the Western District of Washington, he submitted a request to IAM union officials in February resigning his union membership and asking for his dues payments to be reduced under Beck.
Zueger’s lawsuit reports that IAM officials’ response to his Beck request claimed that, under IAM’s nationwide policy, the portion of union dues he is required to pay is based on averages of selected audits that in each case include nine other local and district IAM affiliates. This means the forced union fee amount is not calculated using the actual amounts determined in the audits of the local and district IAM affiliates that Zueger is required to fund as a condition of employment. Unsurprisingly, this resulted in Zueger’s dues reduction being significantly less than it would have been had union officials only used the audits for the district and local affiliates Zueger is forced to fund.
According to his lawsuit, union officials are still demanding from Zueger dues in excess of the amount Beck permits. The lawsuit seeks to force IAM union bosses to return all money demanded in violation of Beck and to properly reduce his future union payments in accordance with Beck.
Workers Should Be Wary of Illegal Union Dues Schemes as Union Political Activity Increases
Zueger’s lawsuit comes after union bosses spent near-record sums on politics during the 2020 election cycle. A report by the National Institute for Labor Relations Research (NILRR) released in 2021 revealed that union officials’ own Department of Labor filings show about $2 billion in political spending during the 2020 cycle, primarily from dues-stocked union general treasuries. Moreover, other estimates strongly suggest that actual union spending on political and lobbying activities actually topped $12 billion in 2019-2020.
“It doesn’t take a rocket scientist to figure out when union officials are trying to strong-arm employees into subsidizing union activities, including politics, against their will. IAM officials’ nonmember dues scheme doesn’t pass the smell test,” commented National Right to Work Foundation President Mark Mix. “While we’re proud to help Mr. Zueger defend his Beck rights, ultimately no American worker should be forced to pay fees determined by the whims of union officials simply in order to keep their jobs.”
“This case shows why Right to Work laws are needed nationwide to ensure that the decision to join or financially support a union is strictly a matter of each individual worker’s own conscience. Workers should be especially aware of attempts by union officials to force them to fund union activities as union political activity heats up in advance of this year’s elections,” Mix added.
TX Airline Employee Urges High Court to Take Up Forced-Dues-for-Politics Challenge
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2021 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
IAM bosses automatically seize money for politics if workers miss tiny ‘escape window’ to opt out
IAM officials left Arthur Baisley just a small annual “escape window” to opt out of automatic dues deductions taken for union politics. Will the High Court hear his case against this scheme?
WASHINGTON, DC – Arthur Baisley, a United Airlines employee in Texas, filed a petition for writ of certiorari asking the U.S. Supreme Court to hear his case in which he is battling International Association of Machinists (IAM) union bosses. They are seizing dues for union political expenditures from him and his coworkers in violation of the First Amendment and the Railway Labor Act (RLA).
Baisley filed the cert petition this May with free legal aid from the National Right to Work Foundation. Baisley’s lawsuit challenges a union requirement that employees who choose not to join the union must opt out of funding the union’s political and ideological activities during a brief annual “escape window,” or else have money automatically seized from their paychecks for those purposes against their will.
Worker Contends Janus Standard Should Nullify ‘Opt-Out’ Language
Baisley’s attorneys argue the “opt-out” arrangement violates workers’ rights found in the RLA, and the First Amendment under the standard laid out in the landmark 2018 Supreme Court Janus v. AFSCME decision, won by Foundation staff attorneys. The RLA is a federal law that governs labor relations in the railway and airline industries.
In Janus, the High Court ruled that no public worker can be coerced into paying union dues or fees as a condition of getting or keeping a job. The Court also held that union dues or fees can only be deducted from a public employee’s paycheck with his or her affirmative consent and a knowing waiver of his or her constitutional right not to pay.
Baisley’s staff attorneys extend this logic and argue that, under Janus and other Supreme Court precedents, union bosses infringe on the First Amendment rights of private sector employees under the RLA by forcing them to pay for union boss political or ideological activities without their consent. The union boss “opt-out” scheme offends this principle by forcing workers to object to dues for politics within a small “escape window” and seizing those dues as a condition of employment if they don’t opt out.
IAM Officials’ Scheme Seizes Forced-Dues-for-Politics from Non-Members
Baisley is not a member of the IAM, but is still forced to pay some union fees despite being based in the Right to Work state of Texas. The RLA preempts state Right to Work protections which make union membership and all union financial support strictly voluntary. However, under long-standing law established in Foundation-supported cases, even without Right to Work protections non-members cannot, as a condition of keeping their jobs, be required to pay fees for anything beyond the union’s expenses directly related to bargaining.
Baisley’s petition details the convoluted union boss-created process that workers must navigate just to prevent money from being taken from their paychecks in violation of their First Amendment rights. In Baisley’s situation, even though he sent a letter to IAM agents in November 2018 objecting to funding all union political activities, union officials only accepted his objection for 2019, and told Baisley he had to renew his objection the next year or else be charged full union dues.
IAM Union Officials Contravened Both Janus and Long-Standing Federal Law
In addition to running afoul of the Janus First Amendment standard, Foundation staff attorneys also assert that the complicated “opt-out” scheme contravenes the RLA, which protects the right of employees under its jurisdiction to “join, organize, or assist in organizing” a union of their choice, as well as the right to abstain from all union activities.
“The sordid goal of these kinds of union ‘opt-out’ requirements is clear: trap unsuspecting workers into subsidizing union bosses’ radical political agenda without their consent and in violation of their rights,” said National Right to Work Foundation Vice President Patrick Semmens. “The Supreme Court ruled in the Foundation-won Janus case that union officials must first seek the affirmative approval of public sector workers before charging them for union politics, and this case simply seeks to ensure that Mr. Baisley and all employees subject to the RLA enjoy those same basic protections.”
Airline Workers Ask Appeals Courts to Invalidate Union Dues Opt-Out Schemes
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, November/December 2020 edition. To view other editions or to sign up for a free subscription, click here.
Cases challenge requirement that workers opt out of union political spending or else pay full dues
Just “plane” wrong: United Airlines fleet service employee Arthur Baisley (left) and JetBlue Airways pilot Christian Popp (right) are fighting to end schemes that deduct union political expenses out of workers’ paychecks without their consent.
NEW ORLEANS, LA – With free legal representation from National Right to Work Legal Defense Foundation staff attorneys, two airline workers have filed cases challenging union boss policies that require workers to opt out in order to exercise their First Amendment right not to fund union political activities, as recognized in the Foundation-argued 2018 Janus v. AFSCME Supreme Court decision.
The two federal class-action lawsuits were brought for United Airlines fleet service employee Arthur Baisley and JetBlue Airways pilot Christian Popp. They are currently pending in the U.S. Courts of Appeals for the Fifth and Eleventh Circuits respectively.
Workers Challenge Compelled Political Speech
Baisley’s case against the International Association of Machinists (IAM) union has been fully briefed and is tentatively set for oral argument the week of November 30. Meanwhile, the opening brief for Popp’s case against the Air Line Pilots Association (ALPA) union was filed in early October.
The lawsuits contend that under Janus and the 2012 Knox v. SEIU Supreme Court cases — both argued and won by Foundation staff attorneys — no union dues or fees can be charged for union political activities without a worker’s affirmative consent.
Despite this, union officials at the IAM and ALPA enforce complicated opt-out policies that require workers to object to funding union political activities or else pay full union dues. Foundation staff attorneys argue that the Janus decision’s opt-in requirement applies to airline and railroad employees covered by the Railway Labor Act (RLA), taken together with longstanding precedent protecting private sector workers from being required to pay for union political and ideological activities.
Mr. Baisley and Mr. Popp both work in Right to Work states (Texas and Florida, respectively), but the RLA preempts state law. Consequently, they can be forced to pay union dues or fees or be fired. Even under the RLA, however, union bosses cannot legally force workers to pay for political activities.
Cases Could Expand Janus Protections to Private Sector
The lawsuits argue IAM and ALPA’s opt-out policies are designed to trap unwilling participants into full dues in violation of their First Amendment rights. This forces workers to subsidize union political activities against their will, including the part of full dues that union officials use to support their radical political agenda and handpicked candidates for office.
“IAM and ALPA union officials have demonstrated a blatant disregard for the rights of the very workers they claim to represent by creating complicated obstacles for independent-minded workers who want to exercise their right not to fund union ideological activities,” said National Right to Work Foundation Vice President Patrick Semmens. “Although Janus’ biggest impact was to secure the First Amendment rights of all public employees across the nation not to be required to fund Big Labor, these cases demonstrate that Janus’ implications can also protect the rights of private sector workers.”
Airline Workers Contest Union ‘Opt-Out’ Requirement for Political Dues
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2019 edition. To view other editions or to sign up for a free subscription, click here.
Union bosses bullied and illegally threatened to discipline employee who defied strike demands
United Airlines fleet service employee Arthur Baisley (left) and JetBlue pilot Christian Popp (right) are challenging union boss “opt-out” rules that make nonmembers pay for union political spending without their consent.
AUSTIN, TX – United Airlines fleet service employee Arthur Baisley and JetBlue Airlines pilot Christian Popp have filed federal lawsuits against the International Association of Machinists (IAM) and Air Line Pilots Association (ALPA) unions, respectively, challenging union officials’ “opt-out” requirements designed to make non-members pay for union political activities without their consent.
Austin, TX-based Baisley and Fort Lauderdale, FL-based Popp filed their lawsuits with free legal aid from the National Right to Work Foundation. Their Foundation staff attorneys argue that the “opt-out” schemes perpetrated by IAM and ALPA bosses violate workers’ rights under the Railway Labor Act (RLA) and the First Amendment under the standard laid out in the landmark 2018 Supreme Court decision Janus v. AFSCME.
“No employee or private citizen should be trapped in a deliberately-complex system that funnels their money into political speech of which they disapprove. Unfortunately, that is exactly what IAM and ALPA union officials are doing to non-member workers across America,” commented National Right to Work Foundation Vice President and Legal Director Ray LaJeunesse.
The lawsuits contend that under Janus and the 2012 Knox v. SEIU Supreme Court case – both of which were argued and won by Foundation staff attorneys – no union dues or fees can be charged for union political activities without a worker’s affirmative consent.
Popp and Baisley, despite working in the Right to Work states of Florida and Texas, must still pay fees to their respective unions as the RLA preempts state law and permits forced dues. But, even in the absence of Right to Work protections, established Supreme Court precedent forbids unions from putting those compulsory fees towards ideological activities like lobbying or politics.
According to the lawsuits, the processes that IAM and ALPA union bosses require independent-minded workers to go through simply to exercise their constitutional right not to fund “nonchargable” activities are convoluted and typically involve having to “decipher” the opt-out requirements of the union.
Even worse, after Baisley submitted a letter to IAM agents in November 2018 objecting to funding all union political activities, the union officials only accepted his objection for 2019, and told Baisley he would be required to renew his objection to full dues and fees the next year or else be charged for full union dues.
The two complaints challenge these union boss-created policies on the grounds that they “require employees to opt-out of paying union fees that they have no legal obligation to pay” and thus violate workers’ First Amendment rights.
The complaints also allege that the “opt-out” requirements violate the RLA, which governs labor in the air and rail industries and “protects the right of employees to ‘join, organize, or assist in organizing’ a union of their choice as well as the right to refrain from any of those activities.”
Both suits are class-action, and seek court orders requiring union officials to ask for affirmative employee consent for any dues charged for political or ideological purposes in the future.
“These lawsuits show that although Janus’ most direct impact was to secure the First Amendment rights of public employees not to be required to fund Big Labor, the implications don’t stop there,” observed LaJeunesse. “Because the Janus decision made clear workers must opt-in to all political and ideological activity, Foundation staff attorneys are able to cite it in defense of airline workers covered by the Railway Labor Act.”
National Right to Work Foundation Offers Free Legal Aid to Boeing Employees Facing Vote over IAM Monopoly Union Powers
Foundation staff attorneys previously represented South Carolina Boeing workers against IAM officials who sought to close the North Charleston plant
Springfield, VA (January 26, 2017) – The National Right to Work Legal Defense Foundation has released a special legal notice for Boeing workers at the North Charleston, SC plant in light of the recent announcement that IAM officials were moving to initiate a vote to impose monopoly control over all frontline employees at the facility.
Mark Mix, President of the National Right to Work Legal Defense Foundation released the following statement regarding the notice and offer of free legal aid:
“In 2011, IAM union officials sought to eliminate thousands of jobs in South Carolina by filing spurious unfair labor practice charges with the NLRB seeking to shutter the North Charleston facility. In light of the IAM union bosses’ history of denigration and antipathy towards the Charleston workers, the Foundation is deeply concerned that IAM union organizers’ may use intimidation tactics or other illegal conduct in the run up to the vote.
“That is why it is vital that every Boeing South Carolina employee know they can request free legal assistance from the National Right to Work Legal Defense Foundation. Foundation staff attorneys previously provided legal representation to Boeing employees to successfully defend their jobs against demands by IAM officials that the plant be closed.”
The legal notice details what is at stake in the vote and offers free legal aid to employees facing possible illegal conduct by IAM officials or their agents. The full notice can be found online at: www.nrtw.org/BoeingSC
Affected employees may also call the Foundation’s legal hotline toll-free at 1-800-336-3600 or contact the Foundation online at https://www.nrtw.org/free-legal-aid to request free legal assistance.
