23 May 2023

National Right to Work Foundation Issues Legal Notice to Starbucks Employees as Multiple Locations Seek to Boot Unions

Posted in News Releases

Notice contains details on how employees can petition for union decertification vote, as well as how to resign membership and cut off dues

Washington, DC (May 23, 2023) – After being in contact with multiple Starbucks workers, the National Right to Work Legal Defense Foundation today issued a special legal notice to Starbucks employees who are interested in removing union control in their workplace. The legal notice is available at the Foundation’s website here: https://807063.us25.myftpupload.com/starbucks/.

The Right to Work Foundation is the nation’s premier organization dedicated to defending workers whose rights have been violated by forced unionism abuses. Foundation staff attorneys are already assisting Starbucks employees at the Starbucks Reserve Roastery in Manhattan, NY, in exercising their right to vote unwanted union officials out of their store, and similar efforts are taking place at Starbucks locations in Buffalo, NY, and Rochester, NY. At the New York Roastery location, a majority of the employees signed the petition asking for a vote to remove the union.

“The Foundation wants you to learn about your legal rights from independent sources,” the notice says. “You should not rely on what self-interested union officials tell you.”

In Addition to Seeking to Vote Out Union, Employees Can Take Individual Steps to Resist Union Activity

The legal notice advises Starbucks workers of their right to petition the National Labor Relations Board (NLRB) to hold a vote among employees on whether a resident union should be ousted from the workplace, a process known as a decertification vote. However, it cautions workers that this process is complex and prone to manipulation from union officials, and for that reason workers should consider obtaining Foundation legal aid in navigating the process.

The notice also advises employees of actions they can take as individuals to disaffiliate from the union, including how to exercise their right to resign union membership, revoke cards authorizing direct union dues deductions, and potentially stop funding union activities. The notice provides sample letters to workers interested in exercising those rights.

“If you work in a state that lacks Right to Work protections, union officials with a monopoly bargaining agreement can unfortunately force you to pay some union fees in order to keep your job. However, there are still limitations on how much and under what circumstances you can legally be required to pay,” the notice reads, while counseling such workers of their right to cut off dues payments for union politics as per the Foundation-won CWA v. Beck Supreme Court decision. “If you work in a state with Right to Work protections, you have a right to opt-out of all union financial support.”

“As many Starbucks locations pass the one-year anniversary of unionization, Starbucks employees are now able to hold votes to remove the union, a right many are now seeking to exercise,” commented National Right to Work Legal Defense Foundation President Mark Mix. “No one who claims to be pro-worker should oppose simply letting these workers hold a secret ballot vote to determine if they oppose union affiliation.”

“Unfortunately, between union officials who prioritize their own power over the wishes of rank-and-file workers, and an NLRB that is actively seeking to make it harder for workers to even hold decertification votes, it is more important than ever that workers fully understand these legal issues,” Mix added. “That’s why workers should carefully read our legal notice and know that they can request free legal aid from the National Right to Work Foundation for help in protecting their legal rights.”

16 May 2023

Grand Rapids TerryBerry Workers Vote to Remove Unwanted Machinists Union from Workplace

Posted in News Releases

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.”

12 May 2023

Second Group of Mankato Mayo Clinic Employees Petition for Vote to Oust Union from Workplace

Posted in News Releases

Nursing support staff and others in 200-person unit demand vote to remove AFSCME union officials after nurses voted MNA union out last summer

Mankato, MN (May 12, 2023) – Less than a year after Mankato Mayo Clinic nurses voted the Minnesota Nurses Association (MNA) union out of the facility, Mankato Mayo nursing support staff, clerical staff, and environmental staff are undertaking a similar effort. Mankato Mayo employee Melody Morris, with free legal aid from National Right to Work Foundation staff attorneys, filed a petition on May 9 asking the National Labor Relations Board (NLRB) to hold a vote at the clinic on whether American Federation of State, County, and Municipal Employees (AFSCME) officials should be removed.

A majority of Morris’ colleagues within the work unit under the control of AFSCME union officials supported her petition. Under NLRB rules, a union “decertification” petition containing the signatures of at least 30% of workers in a unit is enough to prompt the NLRB to administer a union decertification election.

Workers often seek free legal assistance from the National Right to Work Foundation in exercising their right to vote out an unpopular union because the NLRB’s process for doing so is convoluted and prone to union boss gamesmanship. The right to decertify is especially important for Mankato Mayo Clinic employees and other workers across Minnesota because, due to the state’s lack of Right to Work protections, union officials can force workers under their control to pay dues as a condition of getting or keeping a job. In contrast, in Right to Work states, union membership and all union financial support are strictly voluntary.

The Foundation-backed 2020 NLRB “Election Protection Rule” curtailed the non-statutory “blocking charge” policy that union bosses used to prevent rank-and-file employees from exercising their right to vote out a union. Prior to the rule, union officials could easily manipulate such “blocking charges” to stop workers’ requested votes from taking place for months or even years by making one or multiple unproven allegations against the employer.

The “Election Protection Rule” stopped the most common blocking charge tactics used by union lawyers to stall worker-requested votes, and in most cases permitted the immediate release of the vote tally. Despite numbers showing increased worker interest in voting out unwanted union officials across the country, Biden-appointed NLRB officials in Washington have initiated rulemaking to roll back the Foundation-backed reforms, including those targeting “blocking charges.”

More and More Minnesota Healthcare Workers Dissociate from Union Officials

Morris and her colleagues’ petition comes amid a surge in interest among Minnesota healthcare employees in exercising their right to vote out union officials they oppose. In addition to Mankato Mayo Clinic nurses, nurses from Mayo’s St. James, MN, branch removed the AFSCME Council 65 union from their hospital last August with Foundation aid. Employees from four Cuyuna Regional Medical Center locations across the Brainerd Lakes region of Minnesota also sought Foundation aid in their decertification effort against Service Employees International Union (SEIU) officials last year.

Minnesota union officials seem unwilling to examine why growing numbers of workers want them ousted. A Minnesota Reformer profile on MNA President Mary Turner reported that Turner believes “it’s the nurses in Mankato, not the union, who need to change their approach,” and also quoted her as saying that Mankato Mayo nurses “[are] going to have to prove to us that they want the union because they lost it.”

“Minnesota healthcare workers may have any number of reasons for opposing monopoly union ‘representation’ in their workplaces: divisive union politics, inefficient work rules, or strikes that take them away from patients,” commented National Right to Work Foundation President Mark Mix. “But one thing is for certain: They are increasingly exercising their right to boot out unwanted unions, and the push from union officials and their allies at the highest levels of government to coerce and trap workers in unions shows a preference for power over worker freedom.”

“Minnesota employees who are interested in exercising their right to be free of union control should contact Foundation staff attorneys for free help in exercising their rights,” Mix added.

10 May 2023

Starbucks Roastery Workers Move to Oust Union after One Year

Posted in News Releases

NYC Starbucks employees file petition to decertify SEIU union affiliate after just one year under the union’s compulsory ‘representation’

New York, NY (May 10, 2023) – A Starbucks Roastery worker in Chelsea, Manhattan recently filed a petition for a vote on whether to remove NY-NJ Regional Joint Board, Workers United, an affiliate of Service Employees International Union (SEIU). The petition, submitted with the National Labor Relations Board (NLRB), was filed by Kevin Caesar. Caesar is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.

On May 9, 2023, Starbucks employee Caesar filed the decertification petition to obtain a vote on whether to remove the union, often called Starbucks Workers United (SBWU) from their workplace. After being unionized for just over one year, the workers have had enough of the union and believe they would be better off without it. Under the National Labor Relations Act, which the NLRB is charged with enforcing, workers must wait one year after a unionization vote before they can seek another vote, such as the decertification election Caesar and his coworkers have demanded.

With the petition filed, the NLRB should now 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 the workers. If a majority vote against the union, the workers will join the vast majority of Starbucks workers across the country who are free from union boss-control.

The Starbucks workers are just the latest example of growing dissatisfaction with union officials’ “representation.” 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.

Unfortunately, the NLRB’s union decertification process is prone to union boss-created roadblocks, which can impact the Starbucks workers if union officials plot to stay in power regardless of workers’ wishes. Foundation-backed NLRB reforms from 2020 have made it somewhat easier for workers to escape unwanted union “representation,” such as the “Election Protection Rule” that prevents union bosses from filing trumped-up “blocking charges” to delay or stop decertification elections entirely.

Prior to these Foundation-backed reforms, workers often had their decertification votes delayed by unproven union blocking charges, giving union bosses the power to trap workers in union ranks they oppose nearly indefinitely. Under the Foundation-backed reforms, most votes take place promptly, with union blocking claims adjudicated after the votes have been counted. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder for workers to decertify a union.

“No worker anywhere should be forced under so-called union ‘representation’ they oppose,” commented National Right to Work Foundation President Mark Mix. “Starbucks workers around the nation that also fall victim to union tyranny should know they can turn to Foundation staff attorneys for assistance.”

“While we are happy that the Starbucks workers are able to take their first steps in exercising their rights oust an unwanted union, we call on SBWU union officials not to attempt to block or otherwise interfere with the rank-and-file workers’ right to hold this vote,” continued Mix. “Union bosses should not be allowed to keep their grip on power simply by disenfranchising those they claim to ‘represent.’”

4 May 2023

Alaskan Factory Workers Overwhelmingly Vote to Remove Unwanted Union Monopoly ‘Representation’

Posted in News Releases

Spenard Building Supply employees vote 17-6 to oust Pacific Northwest Regional Counsel of Carpenters union officials

Chugiak, AK (May 4, 2023) – Workers at the Spenard Building Supply factory recently voted to remove the Pacific Northwest Regional Counsel of Carpenters union by an overwhelming majority. A petition filed by Scot Breuer with the National Labor Relations Board Region 19 (NLRB) led to this successful vote. Breuer received free legal aid from the National Right to Work Legal Defense Foundation.

Scot Breuer filed a decertification petition with the NLRB on March 31, 2023, which was supported by a significant number of his coworkers. Under federal labor law, workers can trigger a decertification vote with the support of 30% or more 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. On April 12, 2023, the NLRB issued an election notice to all parties involved that stipulated an election date for May 2.

During the election on May 2, Spenard Building Supply employees made their position on the union clear when over two-thirds of the workers voted to remove the union from their workplace, with the official tally of 17-6. 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 Spenard Building Supply election is just one example of workers looking to leave union control. Currently, the NLRB’s own 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.

Unfortunately, the NLRB’s union decertification process is prone to union boss-created roadblocks. Foundation-backed NLRB reforms from 2020 have made it somewhat easier for workers to remove unwanted union officials, such as the “Election Protection Rule” that prevents union bosses from filing trumped-up “blocking charges” meant to delay or stop decertification elections entirely.

Prior to these Foundation-backed reforms, workers often had their decertification votes delayed by unproven union blocking charges, giving union bosses the power to trap workers in union ranks they oppose nearly indefinitely. Under the Foundation-backed reforms most votes take place promptly, with union blocking claims adjudicated later, after the votes have been counted. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder for workers to decertify a union.

“We are extremely pleased to help these Alaskan workers exercise their right to remove a union they want nothing to do with. With over two-thirds of the votes being cast in favor of removing the union, this case is a clear example as to workers’ growing dissatisfaction with compulsory unionism,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “Unfortunately, as the NLRB moves to roll back reforms that gave workers at Spenard a speedy victory, workers will again find it increasingly difficult to exercise their rights and decertify unwanted unions even when opposition to the union’s so-called ‘representation’ is overwhelming.”

2 May 2023

Orlando Airport Fueling Employees Successfully Oust USWU Union Officials Who Tried to Stop Union Decertification Vote

Posted in News Releases

USWU outrageously claimed that vote among approximately 1,000 PrimeFlight employees across country was necessary to boot union just at Orlando Airport

Orlando, FL (May 2, 2023) – Robert Anderson and his fellow PrimeFlight Aviation Services fueling employees at Orlando International Airport have successfully ousted United Service Workers Union (USWU) Local 74 union officials from their workplace. Anderson and his colleagues received free legal aid from the National Right to Work Legal Defense Foundation in removing the unwanted union.

Anderson and his coworkers submitted a majority-backed petition to the National Mediation Board (NMB) in March 2023. The petition contained enough employee support to prompt the agency to conduct a union “decertification” investigation at his facility. However, union officials objected to letting the employees vote, outrageously claiming that Anderson and his coworkers were actually part of a nationwide “system” and the union decertification election would need to be conducted among almost every PrimeFlight employee in the country – even though Anderson and his colleagues simply wanted to dismiss the union from their Orlando workplace alone.

Foundation Attorneys Expose Outrageous Union Scheme to Stop Vote

Foundation attorneys refuted union arguments in a position statement, contending that the union’s position was completely at odds with the Railway Labor Act’s (RLA) basic purposes, which ensure that “employees can [choose] to join or refrain from unionization, and that they are entitled to the fullest freedom in making that choice.” The RLA governs private sector labor relations in the air and rail industries.

“The [union] reasoning is both illogical and devastating to employee free choice,” said Foundation attorneys’ statement. “Local 74 would require some 1,000 PrimeFlight fuelers, at all locations, to weigh-in on whether the employees at one specific location in Orlando should be represented by Local 74, even though those other employees cannot possibly have any…interest in the representational choices of the Orlando location’s employees.”

Further, Foundation attorneys pointed out that USWU union officials’ position was especially suspect considering “the fuelers at other locations are represented by unions other than Local 74” (emphasis added) and have completely different contracts and working conditions. Had the USWU officials’ position been adopted, in order to eject a union for workers at one location, the workers would need signatures from hundreds or potentially thousands of workers at other locations. That could include not only workers covered by different unions with entirely different monopoly bargaining contracts, but also nonunion workers at other facilities who are already free to negotiate their own terms of employment.

USWU Officials Back Down, Abandon Orlando Airport

After Foundation attorneys countered the union’s contentions, USWU union officials quickly backed down and disclaimed interest in maintaining power over Anderson and his coworkers. Likely wanting to avoid a vote of the rank-and-file fueling employees who petitioned for the decertification vote, union officials issued a letter on April 21, 2023, declaring that the union “abandons its representative status and disclaims interest in the aforementioned employees.”

The NMB closed the case on April 26, 2023, meaning Anderson and his fellow fuelers are officially free of the union.

Foundation attorneys have continuously sought to safeguard workers’ right to decertify unwanted unions at the NMB. In 2020, the Foundation filed a brief at the agency opposing the AFL-CIO’s effort to bring back the arbitrary “straw man” rule, which required workers interested in decertifying a union to solicit support for a fake “straw man” union just to vote out incumbent union officials.

“USWU union officials’ ridiculous proposal of a nationwide decertification vote disrespects the rights of rank-and-file employees to vote out union bosses they oppose,” commented National Right to Work Foundation President Mark Mix. “We applaud Mr. Anderson and his fellow airplane fuelers for exercising their rights even in the face of such opposition from USWU union officials, but there are likely many other employees across the country whose efforts to oust an unpopular union have been stifled by such legal maneuvering. National Right to Work Foundation staff attorneys stand ready to aid employees who experience similar barriers to their rights.”

25 Apr 2023

With Right to Work Repeal Coming, Michigan Workers Seek a Vote to End Union ‘Representation’ They Oppose

Posted in News Releases

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.”

28 Feb 2023
3 Apr 2023

Seneca Foods Employees Send Teamsters Union Officials Packing

Posted in News Releases

Wisconsin food processing workers oust Teamsters Local 695 after a majority of employees vote to remove the union

Oakfield, WI (April 3, 2023) – Seneca Foods employees in Oakfield, Wisconsin, have overwhelmingly voted to free themselves from the unwanted so-called “representation” of Teamsters Local 695. Andrew Collien, a warehouse employee at Seneca Foods, kick-started the decertification process that led to the workers’ vote to remove the union. Collien received free legal aid from the National Right to Work Legal Defense Foundation.

Collien and his coworkers filed the petition for a decertification vote with the National Labor Relations Board (NLRB) in late February. In the petition, Seneca Foods workers formally requested a vote to determine whether or not the union should be removed.

On March 30, the NLRB regional office conducted a secret ballot election at the plant, resulting in a 17-10 vote to remove the union. Union officials have seven days to file objections to seek to overturn the workers’ vote. Otherwise, the results will become final.

Teamsters Local 695, which also controls the company’s truck drivers, maintenance, processing, and janitorial employees, originally had a five-year union contract with Seneca Foods, running until May 2025. With the results of the workers’ decertification election, however, the Teamsters’ contract was terminated two years early, sparing workers from the remainder of the agreement.

The Seneca Foods employees were fortunate to cast their votes just more than one month after filing their petition. However, this is not always the case for many workers around the nation who seek to remove unions they oppose.

A major issue workers face in decertifying unpopular unions is how prone the NLRB’s decertification process is to union boss-created roadblocks. These roadblocks can include often-baseless “blocking charges” brought by union officials against employers with the intention of delaying or even blocking employee-led decertification elections entirely.

Right to Work Foundation-backed “Election Protection Rule” reforms the NLRB issued in 2020 have helped make it somewhat easier for workers to remove unwanted union officials by limiting some of the ways union lawyers manipulate blocking charges. However, the Biden NLRB is currently engaged in rulemaking to roll back these protections and make it much more difficult for workers to decertify an unpopular union. If the Biden-appointed NLRB is successful, it could take months or even years for workers to hold a decertification election.

Seneca Foods employees are just one example of workers looking to remove unions exercising excess control over them. Worker interest in removing controlling unions is growing nationwide. The National Right to Work Legal Defense Foundation staff attorneys are fielding numerous requests for free legal assistance in decertification cases, such as Collien and his coworkers’ case against Teamsters Local 695.

In fact, the NLRB’s own data shows that a unionized private sector worker is more than twice as likely to be involved in a decertification effort as a nonunion worker is to be involved in a unionization campaign.

“We congratulate Mr. Collien and his coworkers in successfully exercising their right to vote to free themselves of unwanted union so-called ‘representation,’” observed Mark Mix, President of the National Right to Work Foundation. “These workers knew the union well and decided, rather than having two more years of the union-imposed contract, they would be better off without the union.”

“Seneca Foods workers sent Teamsters Local 695 union officials a clear message, and union officials should respect that decision and not seek to disenfranchise these workers by asking the NLRB to overturn their vote,” Mix added.

27 Mar 2023

National Right to Work Foundation Issues Special Legal Notices to Michigan Workers After Right to Work Repeal

Posted in News Releases

Michigan workers can still reject union boss demands to formally join union and fund union ideological activities

Washington, DC (March 27, 2023) – The National Right to Work Legal Defense Foundation has issued special legal notices to private and public sector workers in Michigan, following the Michigan Legislature’s repeal of the state’s popular Right to Work protections. Governor Whitmer signed the repeal bills last Friday.

The legal notices are available at the Foundation’s website: https://807063.us25.myftpupload.com/michigan-private-sector-notice/ (for private sector workers) https://807063.us25.myftpupload.com/michigan-public-sector-notice/ (for public sector workers).

The repeal will eventually grant Michigan union officials the power to compel private sector workers to pay money to a union hierarchy simply to keep a job. Although the repeal will not take effect until after the Legislature’s term concludes, the Foundation is issuing its notice now in response to workers’ inquiries already coming in about what this means for their rights and freedoms.

The legal notices explain that, despite this massive expansion of government-granted power for Michigan union bosses, private sector workers still have rights under federal law to opt out of formal union membership and to refuse to pay for union political or ideological expenditures, among other rights.

“[U]nder the National Labor Relations Act (NLRA) workers subject to these forced fee arrangements cannot lawfully be compelled to be actual union members or pay full union dues to keep their jobs,” the notice reads.

As for public sector workers, the legal notices inform Michiganders that even though Michigan’s politicians have undone the state’s statutory protection against being forced to pay union bosses as a condition of employment, the repeal “does not—and cannot—strip [public sector] workers of their constitutional right” to refrain from funding union activities. The Supreme Court recognized public employees’ First Amendment right to abstain from union financial support in the 2018 Foundation-won Janus v. AFSCME ruling.

Despite Outrageous Union Power Grab, MI Union Bosses Still Can’t Force Private Sector Workers to Become Formal Members or Directly Support Union Politics

The notices inform Michigan private sector employees that the U.S. Supreme Court’s decision in Pattern Makers v. NLRB protects independent-minded workers’ right to refrain from formal union membership. The Foundation-won CWA v. Beck Supreme Court ruling also holds that, in a workplace under union control, the most that union bosses can force nonmember workers to pay is only a portion “of what the union can prove is its costs of collective bargaining, contract administration, and grievance adjustment with their employer,” an amount that does not include ideological expenses.

“Unions often fail to meet their legal obligation to inform workers of their right not to be a union member and to object to paying full union dues,” the notice reads. “In fact, unions sometimes mislead workers to believe that they must join the union to keep their jobs.”

On the issue of union fees, the notices continue, private sector workers also have a right not to have employers directly deducting such fees from their paychecks at union officials’ behest. Under the NLRA, union officials must obtain affirmative permission from an employee before making an employer redirect any portion of compensation to a union.

MI Private Sector Workers Have Right to Vote Out Unpopular Union Bosses

Private sector employees also have the right to petition for National Labor Relations Board-supervised “decertification elections,” which can strip union officials of their coercive powers of monopoly control over a work unit entirely.

Foundation attorneys assist hundreds of workers every year in voting out unions of which they disapprove, and NLRB data show that the average unionized worker is far more likely to be involved in an effort to vote out a union then a nonunion worker is to be involved in a unionization push.

“Union-label Michigan legislators are waging an all-out assault on Michigan workers’ individual rights by repealing Right to Work,” commented National Right to Work Foundation President Mark Mix. “Instead of letting Michigan workers continue to enjoy the right to freely choose whether or not union officials have earned a cut of their hard-earned pay, Michigan legislators have granted union bosses a power that strips away basic free association rights – a power that 71% of those from Michigan union households do not want unions to have.”

“Michigan union bosses, including those at the scandal-mired UAW, will soon begin demanding that any worker under their control pay tribute to union bosses or else be fired,” Mix continued. “That’s why it’s more important than ever that Michigan workers know that they still have protections against many union boss demands, and Foundation attorneys will aid them in aggressively defending those rights.”