Disney Worker Hits UNITE HERE Union Bosses with Federal Charge for Illegal Dues Seizures
Labor Board charge: Union violated federal law by ignoring worker’s request to stop dues payments without any explanation
Orlando, FL (February 24, 2023) – Jose Alejandro Class Robles, a Disney Parks and Resorts employee in Orlando, Florida has filed federal charges with the National Labor Relations Board (NLRB) against UNITE HERE Local 362 for illegally deducting dues from his paycheck. The unfair labor practice charges were filed with the NLRB Region 12 office with free legal aid from the National Right to Work Legal Defense Foundation.
Since 1943, Florida’s Right to Work protections make union membership and financial support strictly voluntary. However, rather than respect workers’ ability to decide individually whether or not to voluntary financially support the union, UNITE HERE union officials are blocking Class from exercising his rights under the law and stonewalling his request for required information regarding the dues deductions.
According to his charge, in December 2022, Class resigned his union membership and revoked the union’s authorization to deduct dues from his paycheck. That December letter also requested that, if union officials did not immediately accept his dues checkoff revocation, that the union provide him with a copy of any checkoff he may have signed within 14 days of receipt.
To date, the union has not stopped collecting dues from his wages, nor has it provided him with the requested copy of a signed checkoff authorization, which might specify when revocation is allowed. “In an all too common situation, union officials are blatantly ignoring a worker’s right to end financial support to a union just so they can fill their coffers by seizing union dues from unwilling employees,” said National Right to Work Foundation President Mark Mix. “Workers everywhere, especially in Right to Work states, should know they can turn to the National Right to Work Foundation for free legal aid to help enforce their rights.”
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.”
AT&T Employee Wins Settlement from CWA Union after Facing Union Retaliation for Exercising Legal Rights
Union officials refused to allow worker to resign his union membership while on military leave and attempted to fine him in violation of federal labor law
Jacksonville, FL (January 24, 2020) – AT&T employee Jared Brewer has won a favorable settlement from Communication Workers of America (CWA) Local 3106 union with free legal aid from the National Right to Work Legal Defense Foundation after union officials violated his legal rights under federal law.
To end the case, union officials rescinded their threat to subject Brewer to internal union “discipline” and fine him for exercising his legal rights under the National Labor Relations Act (NLRA). They also were required to notify other workers of their legal rights by posting notices on the union’s bulletin boards at 22 AT&T Jacksonville facilities.
Brewer was on military leave when union officials called a strike in August 2019. He sent an email to them in which he resigned his union membership. Even though the NLRA guarantees employees the right to resign their union membership at any time, union officials refused to honor Brewer’s request. One union representative falsely claimed that his resignation letter was “untimely.”
After sending a certified letter containing the same resignation language, Brewer returned to work. Despite his resignation, union officials told Brewer in an October letter that they were bringing charges against him in an internal union “trial” for working during the union-initiated work stoppage. Brewer did not attend the November 7 “trial” because he had already resigned his union membership and, therefore, could not legally be subject to union disciplinary procedures.
Union officials notified Brewer on November 15 that the union found him guilty at its “trial” and imposed a monetary fine of more. They threatened him with legal action if he did not pay the fine within 21 days.
In response, Brewer filed an unfair labor practice charge with the National Labor Relations Board with free legal aid from Foundation staff attorneys. Brewer charged that union officials violated his legal rights under the NLRA by disciplining and fining him as a nonmember, and by denying his resignation. Union officials are prohibited from requiring formal union membership as a condition of employment by both Florida’s Right to Work law and the NLRA, and under the NLRA workers are free to resign their union membership at any time.
Brewer’s unfair labor practice charges drove union officials to settle. This requires union officials to honor Brewer’s resignation and rescind the fine and union “discipline” against him. Union officials also must post for 60 days in its union hall and numerous AT&T facilities a notice in which the union promises not to “restrain or coerce” workers from exercising their legal rights to resign and work during strikes.
“Faced with legal action from National Right to Work Foundation staff attorneys, CWA union officials backed down from their blatant violations of longstanding labor law and were forced to settle with Mr. Brewer,” said National Right to Work Foundation President Mark Mix. “Federal labor law is crystal clear: Workers have an absolute right to resign their union membership if they choose, and once a worker has exercised that right they cannot be subject to fines levied by any internal union boss kangaroo court.”
AT&T Employee Hits CWA Union with Unfair Labor Practices Charges for Violating Rights During Military Leave
Union officials refused to allow worker to resign his union membership and attempted to fine him for exercising his legal rights
Jacksonville, FL (November 25, 2019) – With free legal aid from the National Right to Work Legal Defense Foundation, AT&T employee Jared Brewer has filed unfair labor practice charges at the National Labor Relations Board (NLRB) against Communications Workers of America (CWA) Local 3106 for violating his legal rights. Brewer charges that CWA union officials illegally refused to accept Brewer’s legitimate request to resign his union membership and later used that as grounds to fine Brewer after he had resigned from the union.
Brewer was on military leave when union officials called for a strike in August 2019. He sent an email to union officials in which he resigned his union membership. Instead of respecting his legal right to resign at any time, a union representative falsely told him that his resignation letter was “untimely.” Brewer returned to work and sent a certified letter containing the same resignation language.
Then in an October letter, union officials told Brewer that they were bringing charges against him in an internal union “trial” for exercising his right to work despite the union-initiated work stoppage. Brewer did not attend the November 7 “trial” because he had already resigned his union membership and therefore could not legally be subject to union disciplinary procedures.
Union officials notified Brewer on November 15 that the union had found him guilty at its “trial” and imposed a fine of more than $700. Union officials threatened him with legal action if he did not pay the fine within 21 days.
Brewer’s unfair labor practice charge alleges that union officials violated his legal rights under the National Labor Relations Act (NLRA) by attempting to discipline and fine him as a nonmember, in addition to denying his resignation of union membership. Under the NLRA, union officials are prohibited from requiring union membership as a condition of employment and workers are free to resign their union membership.
“CWA union bosses are blatantly violating longstanding law by denying Mr. Brewer’s request to resign his union membership,” said National Right to Work Foundation President Mark Mix. “Federal labor law is crystal clear: Workers have an absolute right to resign their union membership if they so choose and once a worker has exercised that right they cannot be subject to fines levied by any internal union boss kangaroo court.”
