Massachusetts Trader Joe’s Employees Battle Divisive Union Organizing Campaign
Trader Joe’s workers demand vote to oust union, blast union bosses in Congress and media
Trader Joe’s employees Les Stratford (left) and Michael Alcorn want to restore the fun and independent work environment that existed in the store before union officials sowed discord.
HADLEY, MA – Union bosses and Big Labor-allied media cheered when the Hadley, MA, branch of supermarket chain Trader Joe’s became the first unionized location in the country in 2022. But what all their celebration concealed was the fact that union officials had swept to power at the location through a deeply deceptive campaign that demonized both the company and many employees. Now many of the Hadley-based Trader Joe’s employees are fighting to kick the union out.
“Officials of this union have sowed division and smeared both our workplace and anyone who dissents from the union’s agenda pretty much from the time the campaign began to unionize the store,” Trader Joe’s employee Les Stratford told Supermarket News about the situation.
Michael Alcorn, another Hadley Trader Joe’s worker who simply wanted to have a conversation with his coworkers about the ramifications of unionizing, said that union militants “weren’t going to have a meeting with us…immediately it was like ‘you either accept the union, or you don’t, and we’re not going to talk about it all together because if you don’t accept it, we don’t trust you.’”
Now, with free legal aid from the National Right to Work Foundation, Stratford, Alcorn, and many other Hadley Trader Joe’s employees are backing an effort to vote the union out of power at the store. Stratford in August submitted a union decertification petition asking the National Labor Relations Board (NLRB) to hold an election among his coworkers on whether to remove the union, which contained well over the support needed to trigger a decertification vote under NLRB rules.
Because Massachusetts lacks Right to Work protections for its private sector workers, the union has the legal privilege to enforce contracts that require Trader Joe’s employees to pay dues or fees as a condition of keeping their jobs.
In Right to Work states, in contrast, union membership and financial support are strictly voluntary. A vote by the majority of Hadley Trader Joe’s employees against the union would free them from both the union’s forced-dues and monopoly bargaining powers.
Trader Joe’s Employee Exposes Union Tactics on Capitol Hill
In May, Alcorn brought the concerns many of the Hadley Trader Joe’s employees had directly into the halls of Congress when he was called by the U.S. House Committee on Education and the Workforce to testify about coercive tactics union bosses use to gain power and stay in power.
In addition to describing the union’s vilification of any skeptical employee, he noted that union organizers tried to foist union control of the workplace through “card check” — a process that bypasses the NLRB’s secret ballot election system and lets union officials aggressively solicit “cards” that are later counted as votes for the union.
Union organizers also “made inaccurate and incomplete press releases, creating false narratives about our workplace to promote their own agenda and personal vendettas,” Alcorn said.
Workers Need More Freedom to Oust Abrasive Union Bosses
The Hadley Trader Joe’s workers’ efforts come as the Biden-Harris NLRB announced a final rule which will make it much harder for rank-and-file workers to exercise their right to vote out union officials they oppose. The final rule, among other things, lets union officials prevent decertification votes from going forward by filing unverified “blocking charges” alleging employer interference.
While the Trader Joe’s employees’ petition will be unaffected by the rule change, the new policy will likely quash or substantially delay similar efforts in the future. “The situation at the Hadley, MA, Trader Joe’s store shows exactly why workers’ right to vote to remove a union they oppose must be protected,” commented National Right to Work Foundation Legal Director and Vice President William Messenger.
“During a union campaign, union officials often employ aggressive tactics and ‘us vs. them’ or hate-the-boss rhetoric that cause division and prioritize union bosses’ agenda over workers’ freedoms and individual choices.
“That the Biden-Harris Administration stripped workers of what few rights they had to challenge union officials that perpetrate these acts shows they are on the side of Big Labor, not individual workers,” Messenger added.
PHL Guava & Java Employees Overcome ‘Widespread Union Intimidation Campaign,’ Vote Out UNITE HERE Union
Guava & Java workers in the Philadelphia Airport vote overwhelmingly to remove union despite reported intimidation campaign by union agents
Philadelphia, PA (May 22, 2023) – Workers at the Guava & Java store in the Philadelphia Airport have voted to remove the UNITE HERE Local 274 union by an overwhelming majority. The vote follows a petition submitted by Guava & Java employee Shaneisha Brown with the National Labor Relations Board (NLRB). Brown is receiving free legal aid from the National Right to Work Legal Defense Foundation.
Brown filed the petition with the NLRB on March 30, 2023, with a significant number of her coworkers’ support. After the petition was filed and verified, the NLRB scheduled the election to be held on May 11.
With an overwhelming majority of 32-9, the workers at Guava & Java voted to remove UNITE HERE Local 274 from their workplace. In doing so, they overcame a union campaign that, according to employee reports, included electioneering tactics that violated longstanding NLRB rules. The union filed no objections to the result by the May 18 deadline, and the workers are now officially union-free.
The workers at Guava & Java are the latest of many workers to be dissatisfied with union coercion. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort than 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.
“We are extremely pleased to assist the Guava & Java workers in exercising their rights to remove an unwanted union from their workplace,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “We are appalled, however, by the reports of heavy-handed union tactics on election day. The Foundation will continue to assist workers who wish to decertify unwanted unions, no matter what prohibited conduct union officials may attempt to engage in while trying to dissuade employees from voting out a union they oppose. We encourage all employees at the Philadelphia International Airport who have questions about decertification elections to contact the Foundation.”
Hundreds of Northern Ohio Workers Vote Against Teamsters Union Boss Control
Toledo-area scrap metal employees and Wooster Frito-Lay warehouse workers get union ‘decertification votes’ certified over union bosses’ objections
Ohio (December 12, 2024) – Hundreds of employees from across Northern Ohio have voted in favor of removing Teamsters union control at their workplaces. The elections, both certified this month by the National Labor Relations Board (NLRB), occurred at Wooster, OH, Frito-Lay warehouses and scrap metal firm Omnisource’s Toledo, OH, facility, which are under the control of Teamsters Local 52 and Teamsters Local 20, respectively.
Frito-Lay employee Dusty Hinkle and Omnisource employee Daniel Caughhorn submitted petitions in October 2023 and August 2024 respectively, asking the NLRB to hold union decertification elections among their coworkers at their facilities. Hinkle and Caughhorn both received free legal aid in filing their petitions from the National Right to Work Legal Defense Foundation.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Both Hinkle’s and Caughhorn’s petitions contained a sufficient number of signatures to trigger a vote under NLRB rules. Despite workers voting in both elections against Teamsters union control, Teamsters union officials filed objections against Frito-Lay and Omnisource management in an attempt to overturn the election results.
However, in both cases regional NLRB officials tossed the union objections and certified the workers’ votes. Barring an attempt by Teamsters Local 20 officials to file a Request for Review to the NLRB in Washington, DC, within the next few days, both the Omnisource and Frito-Lay employees – over 430 in total – will have cut all ties with the Teamsters unions.
Because Ohio lacks Right to Work protections for its private sector workers, Teamsters officials enforced contracts that required Hinkle, Caughhorn, and their colleagues to pay union dues or fees as a condition of keeping their jobs. In contrast, in Right to Work states, union membership and all union financial support are strictly voluntary. Now that the Frito-Lay and Omnisource employees have voted out the Teamsters, they are free both of union bosses’ forced-dues demands and their ability to impose one-size-fits-all contracts on the workplace.
Workers Across Country Reject Teamsters ‘Representation’ and Coercive Political Positions
Foundation attorneys have recently assisted a number of workers from across industries in obtaining votes to eject Teamsters union officials. Within the last two months, truck drivers from Georgia, California, Virginia, and New Jersey have successfully booted out Teamsters union officials or initiated removal efforts with Foundation aid.
Beyond Teamsters-controlled workplaces, NLRB data indicates an over 50% increase in the number of decertification petitions filed annually over the last four years. Despite that, Biden-Harris NLRB bureaucrats recently repealed key reforms (known collectively as the “Election Protection Rule”) that made it easier for workers to request decertification elections. Now, union officials have substantially more power to stop workers from even obtaining an election to remove a union, and can also stop workers from requesting decertification elections to challenge a union’s ascent to power via “card check,” an unsecure process that bypasses the traditional secret-ballot vote process.
“Teamsters union officials continue to lose support from the very workers they claim to ‘represent’, and these cases demonstrate yet again why every worker, in Ohio and nationwide, deserves the protection of a Right to Work law so they can decide for themselves whether or not to financially support union officials’ activities,” commented National Right to Work Foundation President Mark Mix. “While we’re glad these workers have succeeded in freeing themselves from unwanted unionization, it should not require months of litigation and overcoming attempts by union lawyers to overturn the workers’ votes.
“This case shows yet again that despite what local and national Teamsters union bosses claim, they don’t actually speak for the rank-and-file they claim to ‘represent’ and in fact have no qualms about attempting to disenfranchise those workers to trap them in union ranks they oppose,” added Mix.
California and Georgia Truck Drivers Petition for Votes to Remove Teamsters Union Bosses
Efforts come in the face of Teamsters-backed Biden-Harris Labor Board rule designed to disenfranchise workers
California and Georgia (December 9, 2024) – Two sets of trucking employees have filed petitions seeking elections to remove International Brotherhood of Teamsters (Teamsters) union officials from power in their workplaces. Stockton, CA-based PepsiCo driver Edward Kilgore and Georgia-based BFI Waste Services driver James Shiflett submitted decertification petitions to the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
Edward Kilgore, a truck driver for PepsiCo Beverages North America in Stockton, CA, submitted a petition in December, in which the majority of his coworkers asked the National Labor Relations Board (NLRB) to hold a vote to remove Teamsters Local 439 union bosses. Soon after, a group of Georgia-area BFI Waste Services, LLC truckers led by James Shiflett also filed a petition demanding the same kind of NLRB election to oust Teamsters Local 728. The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions.
Both Kilgore’s and Shiflett’s decertification petitions contain employee signatures well in excess of the threshold needed to trigger a decertification vote under the National Labor Relations Act (NLRA). If a majority of Kilgore’s and Shiflett’s coworkers vote against retaining the Teamsters union officials, they will lose their monopoly bargaining powers in the workplace.
For the California workers, their continued effort is especially critical because they are based in a state that lacks Right to Work protections. In such states, union officials can impose union contracts that require workers to pay dues or fees as a condition of getting or keeping a job. In contrast, in Right to Work states like Georgia, union membership and dues payment are strictly voluntary.
However, in both Right to Work and non-Right to Work jurisdictions, union bosses can use their monopoly bargaining privileges to subject all workers in a unionized facility to one-size fits-all contracts – even those workers who voted against the union or otherwise oppose it. A successful decertification election ends union officials’ forced-dues and monopoly bargaining powers in a workplace.
“My coworkers and I are not just opposed to Teamsters officials so-called ‘representation’ but especially offended that currently the union has the power to enter into a contract that forces us to fund the very union we oppose,” said Edward Kilgore, who filed the petition against Teamsters Local 439. “This is about giving workers the power to make their own decisions.”
Pro-Union Boss Shifts in NLRB Policy Disenfranchise Workers
Despite an over 50% increase in the number of decertification petitions filed annually over the last four years, Biden-Harris NLRB bureaucrats recently repealed key reforms (known collectively as the “Election Protection Rule”) that made it easier for workers to request decertification elections. Under the Teamsters-backed change, union officials can manipulate often-unproven allegations against management (also known as “blocking charges”) to stop workers from exercising their right to vote out a union, and can also stop workers from requesting decertification elections to challenge a union’s ascent to power via “card check,” an unsecure process that bypasses the traditional secret-ballot vote process.
“Workers across the country are rejecting union officials top-down agendas both inside and outside the workplace,” commented National Right to Work Foundation President Mark Mix. “While Teamsters bosses like Sean O’Brien are advocating for more power over rank-and-file workers, including by advocating for the elimination of Right to Work protections nationwide, America’s working men and women are increasingly seeking to vote out union officials that don’t serve their interests.”
Ascension St. Agnes Hospital Nurses Demand Vote to Remove NNOC/NNU Union Officials
Requested vote would take place in unit of roughly 600 nurses; similar efforts also taking place in New York and New Jersey
Baltimore, MD (November 18, 2024) – Nurses at Ascension St. Agnes Hospital in Baltimore are demanding a federal labor board hold a vote to remove National Nurses United (NNU) union officials from their workplace. St. Agnes Nurse Jennifer Delaney submitted a union decertification petition to the National Labor Relations Board (NLRB) on November 15 on behalf of hundreds of her colleagues. Delaney filed the petition with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Delaney’s decertification petition contains employee signatures well in excess of the threshold needed to trigger a decertification vote under the National Labor Relations Act (NLRA).
According to the petition, Delaney and her coworkers request a vote among all “full-time, regular part-time, and per diem registered nurses” located at Ascension St. Agnes Hospital’s acute care facility in Baltimore. This unit contains approximately 600 nurses.
Because Maryland lacks Right to Work protections for its private sector workers, NNU union officials can enforce contracts that require Delaney and her fellow nurses to pay union dues or fees 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.
A successful decertification vote strips union officials of both their forced-dues power and their ability to impose union monopoly bargaining contracts on every employee in a workplace, even those who oppose the union’s presence.
“This union proved itself to be a divisive force as soon as it began campaigning at our hospital,” commented Delaney. “Many of the nurses opposed its agenda from the very beginning, and a year since it gained power it is still making things difficult for both us and our patients. We are confident that a majority of our coworkers will vote to restore the independence we once had in our workplace.”
Employees in Healthcare and Other Industries Seek to Exit Unions
The St. Agnes Hospital nurses aren’t the only healthcare employees seeking to rid themselves of union monopoly control. In the New York City metro area and Long Island, Foundation staff attorneys are currently assisting nurses at Clara Maass Medical Center and a variety of healthcare workers in the Sun River Health, Inc. system to obtain union decertification elections. If these union removal efforts are successful, over 800 employees will be free from United Healthcare Workers East (1199SEIU) union officials’ forced “association” bargaining powers.
Across all industries, workers are increasingly seeking votes to remove union bosses of whom they disapprove. Despite an over 50% increase in the number of decertification petitions filed annually over the last four years, NLRB bureaucrats recently repealed key reforms (known collectively as the “Election Protection Rule”) that made it easier for workers to request decertification elections.
“Across the country, healthcare workers seem to be discovering that having union bosses in their workplace doesn’t necessarily help them take better care of their patients. We’ve seen many situations where healthcare industry unions needlessly promote union boss priorities ahead of what is best for rank-and-file nurses, or even attempt to force health care providers to abandon their patients during union-instigated strikes,” commented National Right to Work Foundation President Mark Mix. “Unfortunately, union officials often choose to disenfranchise the same workers they claim to ‘represent’ when workers try to exercise their right to vote out a union, a problem made worse by recent Big Labor-backed NLRB rulemaking.
“Regardless, we’ll continue to defend the right of Ms. Delaney, the nurses at St. Agnes Ascension Hospital, and many other healthcare workers across the country to decertify unions they don’t want,” Mix added.
Long Island Healthcare Employee Charges Union Officials With Illicit Attempt to Prevent Workers from Voting Union Out
Brief: 1199SEIU officials engaged in backchannel communications with federal labor board to block vote; same union is facing ouster effort by NJ workers as well
Long Island, NY (November 13, 2024) – Laura Gallo, a Senior Patient Representative at Sun River Health, Inc., has successfully reversed an attempt by United Healthcare Workers East (an affiliate of the Service Employees International Union) officials to snuff out a petition in which she and her coworkers are requesting an election to remove the union from Long Island workplaces. Gallo, who submitted the union decertification petition to the National Labor Relations Board (NLRB) on her own in August, is now receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Gallo and her coworkers are seeking a vote that, if successful, will end the 1199SEIU union’s control over nearly 230 Sun River Health workers across Long Island, including nutritionists, nurses, call center employees, and others.
Despite Gallo’s decertification petition containing enough employee signatures to satisfy instructions provided by an NLRB agent, an NLRB Regional Director dismissed her petition in October without giving her an opportunity to address what were alleged deficiencies with her filing. The dismissal also contradicted an NLRB agent’s earlier declaration that the decertification petition was valid.
After Gallo enlisted the help of Foundation attorneys, they quickly filed a brief challenging NLRB Region 29’s dismissal of the petition, which additionally pointed out that the dismissal may have occurred as the result of illicit backchannel communications between NLRB Region 29 and 1199SEIU officials.
Now, following the Foundation’s filing, NLRB Region 29 has agreed to reconsider the petition.
Gallo and her coworkers are based in New York, which lacks Right to Work protections for its private sector employees. As a result, union bosses can legally enforce contracts that require workers to pay union dues or fees as a condition of getting or keeping a job. In contrast, in Right to Work states, union membership and union financial support are the free choice of each individual worker.
A successful decertification vote strips union officials of both their forced-dues power and their ability to impose union monopoly bargaining contracts on every employee in a workplace, including those who oppose the union’s presence.
Brief: Federal Labor Board Officials Unilaterally Blocked Workers’ Petition Based on Secret Union Filing
Gallo’s brief argues that NLRB Region 29 “cannot unilaterally dismiss” Gallo’s petition because doing so would “strip Petitioner and her fellow workers of their [rights under federal labor law] to seek a representation election once they have raised a question of representation and the relevant Regional Office has approved [the petition’s signatures].”
The brief further asserts that NLRB Region 29 dismissed the petition based on documents that 1199SEIU officials covertly filed in clear violation of the NLRB’s notice requirements. “Here, the Region approved the [petition’s signatures] on August 9, 2024, and allowed the petition to proceed to a hearing all while conducting a clandestine investigation at the request of the Union without any opportunity to challenge [the regional NLRB’s determination],” says the brief. Whether rejection of the petition took place at the behest of the union or not, the brief explains, there was no legal basis for such action.
Clara Maass Medical Center Employees in NJ Also Seek to Remove 1199SEIU
The 1199SEIU union is currently facing opposition from other New York City-area healthcare workers. Foundation-backed registered nurses at Clara Maass Medical Center in Belleville Township, NJ, recently filed a union decertification petition seeking a removal vote against the same union. Despite having the requisite number of signatures to prompt a vote, the NLRB is preventing the nurses from voting due to unproven allegations of misconduct that 1199SEIU union officials are leveling at hospital management. Recent rulemaking by the Biden-Harris NLRB permits such allegations, also known as “blocking charges,” to stymie worker-requested decertification elections.
“Officials of 1199SEIU clearly value power far above the will and rights of the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “Ms. Gallo stepped up on behalf of her coworkers at Sun River Health and filed a petition in which many of them expressed a desire to vote the union out. But 1199SEIU officials conducted shady proceedings behind her back to scuttle her petition and maintain their control over the workplace, likely thinking Gallo didn’t have the formal legal knowledge to fight back.
“While Foundation attorneys have scored a victory against 1199SEIU’s shameful attempt to strip Ms. Gallo and her coworkers of their right to vote on whether the union deserves to stay in their workplace, they’re unfortunately not the only employees that 1199SEIU is attempting to disenfranchise,” Mix added. “Healthcare workers in the New York City metro area and beyond should reach out to the Foundation for free legal aid in obtaining a vote to remove unwanted union officials – especially in the wake of Biden-Harris Administration rulemaking that makes it much easier for union officials to block worker-requested votes.”
New Jersey Cannabis Workers File Petition for Secret Ballot Vote to Remove UFCW Union Installed Through Abuse-Prone “Card Check”
UFCW union officials bypassed secret ballot election to gain power over Green Thumb Industries employees, but workers now back decertification vote
New Jersey (October 2, 2024) – Employees of Green Thumb Industries have filed a petition seeking an election to remove United Food and Commercial Workers (UFCW) Local 360 union officials’ monopoly “representation” over them. Michael Potter, a Lead Warehouse Technician for Green Thumb, filed the decertification petition with the National Labor Relations Board (NLRB) on behalf of his coworkers at five locations across New Jersey.
Mr. Potter is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys in filing the petition. The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering votes to certify and decertify unions.
Mr. Potter collected more than enough employee signatures on his petition to trigger a decertification vote under NLRB rules, and filed the decertification petition to challenge the so-called “card check” unionization campaigns that UFCW union bosses foisted on his coworkers.
Under card check, union officials can bypass the secret ballot election process that has long been recognized as the most secure and reliable way to determine if a majority of employees want to unionize. During card check drives, union officials can repeatedly solicit and pressure workers face-to-face to demand they sign union authorization cards, which are then counted as “votes” to impose the union on workers. The process is a breeding ground for coercive and intimidating tactics.
New Jersey’s lack of a Right to Work law lets union officials demand that workers pay union dues or fees just to stay employed. Additionally, union officials in a unionized workplace enjoy monopoly bargaining privileges, which allow them to contract and speak for every worker in the unit – even those that voted against the union or otherwise oppose its presence.
If Mr. Potter and his coworkers win the decertification election, around 275 workers will be freed from UFCW union officials’ monopoly bargaining power. “Many of us believe the UFCW does not advance our interests and that we would be better off without the union in our workplace,” commented Potter. “We simply seek a secret ballot election that was denied to us when the union was installed, so we can determine what the majority of Green Thumb employees want.”
Petition Filed Days Before NLRB Strips Workers of Right to Challenge “Card Check” Drives
The workers at Green Thumb Industries are able to challenge the union’s installation via a card check due to the Foundation-backed 2020 reforms to the NLRB’s election rules. Collectively referred to as the “Election Protection Rule,” one of the key elements of the reforms was to allow employees to submit decertification petitions to force a secret ballot vote after a union gains power through card check.
Under the rules, workers had a 45-day window to petition for a secret ballot decertification vote. In the event that a notice about the window was not posted, workers retained their right to decertify indefinitely.
Unfortunately, the Biden-Harris NLRB in Washington, DC, issued a final rule that goes into effect September 30, which will undo the Election Protection Rule and make it much harder for rank-and-file workers to exercise their right to vote out union officials they oppose. Had the Green Thumb Industries employees filed their decertification petition after September 30th, they would have been blocked from holding the secret ballot vote because the NLRB-created “contract bar” blocks decertification for up to three years when a union contract is in place, as is the case currently at Green Thumb.
“If Mr. Potter had filed his decertification petition just a week later, workers at Green Thumb Industries would be denied their right to vote out union officials who seized power over them in a hasty and coercive manner,” commented National Right to Work Foundation President Mark Mix. “This is yet another example of the Biden-Harris Administration’s effort to heap legal privileges on its union boss political allies, all at the expense of workers who just want to exercise their free choice when it comes to deciding who should speak for them in the workplace.
“American workers don’t deserve to be stripped of this freedom, and those who are prevented from voting out unwanted union bosses due to this cynical rule change should not hesitate to contact the Foundation to explore their legal options,” Mix added.
