Healthcare Workers at HRI Hospital Win Campaign to Remove Unwanted SEIU Union Bosses
SEIU 1199 officials concede defeat after a majority of employees sign petition backing Federal Labor Board-run decertification election
Brookline, MA (June 24, 2024) – Employees at HRI Hospital, Inc in Brookline, MA have won their freedom from Service Employees International Union (SEIU) Local 1199, which also calls itself the “United Healthcare Workers” union. HRI Hospital employee Veronica Kpodo filed a petition on behalf of a majority of the 100 healthcare workers seeking a vote to remove the union. The decertification petition was filed with free legal aid from the National Right to Work Legal Defense Foundation.
Kpodo filed the petition on June 17 with the National Labor Relations Board (NLRB), the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Kpodo’s petition contained support from a majority of employees in the bargaining unit made up of registered nurses, mental health workers, unit secretaries, dietary, utility servers, and switchboard workers.
Rather than contest the election, which had the backing of a majority of employees who would have been eligible to vote, SEIU union officials conceded defeat days after the decertification petition was filed by announcing their intention to disclaim recognition. Soon after, on June 24, 2024, the NLRB officially recognized that the SEIU was no longer the monopoly bargaining representative of the employees, meaning Kpodo and her colleagues had won their campaign to remove the union.
Massachusetts is not a Right to Work state, meaning that union officials have the power to force employees, like those at HRI Hospital, to pay fees to a union as a condition of keeping their jobs. In contrast, in Right to Work states union membership and financial support are strictly voluntary.
However, even in Right to Work states, federal law grants union officials the power to impose their “representation” on all workers in a unit, even those who oppose the union or voted against its presence. To end that forced representation, workers can choose to exercise their right under federal law to decertify a union they oppose.
“We are glad to hear these employees successfully exercises their right to cut ties with unwanted SEIU union bosses,” said National Right to Work Foundation President Mark Mix. “Obviously SEIU officials saw the writing on the wall, which is why they quickly conceded defeat and walked away.”
“This is just the latest example of the growing demand among workers across the country for Foundation assistance in exercising their legal rights to remove unwanted unions from the workplace,” added Mix. “We encourage other workers who want to learn about their workplace rights, including the right to decertify an unwanted union, to contact the Foundation for free legal information and assistance.”
Louisiana ADT Security Services Workers Overwhelmingly Vote to Remove Communication Workers of America Union from Workplace
ADT employees across Pelican State vote nearly 2 to 1 in decertification election to boot CWA union officials
Baton Rouge, LA (June 17, 2024) – Employees at ADT Security Services across Louisiana have overwhelmingly voted to remove the Communication Workers of America (CWA) union from their workplace. ADT Security Services employee Jonathan Rentrop filed the decertification petition with free legal aid from the National Right to Work Legal Defense Foundation.
Rentrop filed the petition on May 7 with the National Labor Relations Board (NLRB), the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Rentrop’s petition contained support from a majority of employees, more than enough to trigger a decertification vote under NLRB rules.
The election was held on Wednesday, June 12, and Thursday, June 13, at ADT Security Services locations in Shreveport, Lafayette, New Orleans (St. Rose), and Baton Rouge. According to the official NLRB vote tally, 30 employees voted for removal of the union, while just 17 votes in favor of keeping CWA union officials as their monopoly bargaining representative.
Because Louisiana is a Right to Work state, union officials can’t force employees like those at ADT Security Services to join the union or pay union dues as a condition of getting or keeping a job. In contrast, non-Right to Work states let union officials push for terms that force workers to pay dues as a condition of employment.
However, even in Right to Work states, federal law grants union officials the power to impose their “representation” on all workers in a unit, even those who oppose the union or voted against its presence. A successful decertification election strips union officials of that monopoly power over all employees in the bargaining unit.
“This vote is the latest example of workers across the country exercising their right to remove unwanted unions, with the NLRB’s own statistics showing more decertification elections held last year than in any year since 2017,” said Foundation President Mark Mix. “Louisiana’s popular Right to Work law provides fundamental protections for employees in the Pelican State against being forced to fund a union they oppose, but, right now, that law does not override federal law that forces workers under a union’s so-called ‘representation’ against their will.”
“While we are proud to assist workers in exercising their right to vote out unwanted unions in decertification elections, ultimately the choice of whether or not to be ‘represented’ by union officials should rest with each individual employee,” added Mix.
Starbucks Employee Takes Case Challenging Federal Labor Board Structure as Unconstitutional to Court of Appeals
NY Starbucks workers are challenging NLRB that refuses to let them hold decertification votes to remove unwanted SBWU union
Washington D.C. (June 10, 2024) – Ariana Cortes and fellow plaintiff Logan Karam, two Starbucks employees from New York, are taking their groundbreaking lawsuit against the National Labor Relations Board (NLRB) to the D.C. Circuit Court of Appeals. The lawsuit, initially filed by Cortes, and later joined by Karam, follows NLRB officials’ refusal to process their respective petitions requesting a vote to remove Starbucks Workers United (SBWU) union officials from their workplace.
The lawsuit, filed with free legal aid from the National Right to Work Legal Defense Foundation, argues that the NLRA violates Article II of the Constitution by shielding NLRB Board Members from being removed at the discretion of the President. The appeal challenges the District Court decision that dismissed the lawsuit on the grounds that the plaintiffs lack legal standing. That decision did not address the underlying claim regarding whether the Labor Board’s structure complies with the requirements of the Constitution.
Multiple Starbucks Employees Are Suing the NLRB
On April 28, 2023, Cortes submitted a petition, supported by a majority of her colleagues, asking the NLRB to hold a decertification election at her workplace to remove SBWU union officials’ bargaining powers over workers at the store. However, NLRB Region 3 rejected Cortes’ petition, citing unfair labor practice accusations made by SBWU union officials against Starbucks. Notably, there was no established link between these allegations and the employees’ decertification request.
Similarly, Karam filed a decertification petition seeking a vote to remove the union at his Buffalo-area Starbucks store. Like Cortes’s petition, NLRB officials refuse to allow the vote to take place, citing claims made by SBWU officials. As a result the workers remain trapped under union “representation” they oppose.
Their lawsuit is not the only instance where Starbucks employees are challenging the constitutionality of the NLRB with free legal representation by National Right to Work Foundation staff attorneys. Reed Busler, an employee at the “Military Highway” Starbucks in Shavano Park, TX, brought a similar federal lawsuit against the NLRB in January, contending that the agency’s structure violates the separation of powers. Busler’s petition seeking a vote to remove the SBWU remains pending before the NLRB.
“Workers should never be trapped in union ranks they oppose, and they certainly shouldn’t be trapped on the whims of powerful bureaucrats who exercise unaccountable power in violation of the U.S. Constitution,” stated Mark Mix, President of the National Right to Work Foundation. “Despite the wishes of Big Labor and the NLRB who appear intent on squashing free speech and exercising unfettered power, federal labor law is not exempt from the requirements of the highest law of the land.”
Workers at Americold Logistics Win Campaign to Remove Teamsters Union from Workplace
Facing imminent workers’ vote in a decertification election, Teamsters Local 695 officials end forced “representation”
Darien, WI (June 6, 2024) – Employees at Americold Logistics in Darien, Wisconsin have won their freedom from Teamsters Local 695. Americold Logistics employee, Leo Garcia, originally filed a petition on behalf of a majority of workers at the facility seeking a vote to remove the Teamsters from their workplace. The decertification petition was filed with free legal aid from the National Right to Work Legal Defense Foundation.
Garcia filed the petition on May 16 with the NLRB, the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Garcia’s petition contained support from a majority of employees, which is more than is required to trigger a decertification vote under NLRB rules.
When it became clear that the election would be scheduled, Teamsters Local 695 disclaimed recognition on May 23, 2024, stating in an email to the employer that the union “unequivocally disclaims its interest in representing and collectively bargaining for the unit at Americold in Darien, Wisconsin…that this will end processing of the Petition.” On May 24, NLRB Region 18 acknowledged the union disclaiming recognition, meaning no election would be needed since the workers’ desired result – the removal of the union – had already been accomplished.
Because Wisconsin is a state with Right to Work protections, union officials can’t force employees like those at Americold Logistics to join the union or pay union dues as a condition of getting or keeping a job. In contrast, non-Right to Work states like neighboring Illinois and Minnesota let union officials push for terms with employers that compel workers to pay dues as a condition of employment.
But even in Right to Work states, federal law grants union officials the power to impose their “representation” on all workers in a unit, even those who oppose the union or voted against its presence. However, workers can choose to exercise their right to decertify a union they disapprove of.
Until the union disclaimed representation, the workers’ were subjected to a one-size-fits-all union monopoly contract. Under the NLRB-created “contract bar” policy, workers cannot get a decertification vote for up to three years as long as a union monopoly bargaining agreement is in place. However, at Americold, the union contract was five years long and had already been in effect for over three years.
“Having already been subjected to Teamsters’ bosses so-called ‘representation’ and monopoly contract for years, these workers had more than enough information to decide they would be better off without the union, and apparently Teamsters officials knew it too since as soon as the vote became inevitable they left rather than contest it,” said Foundation President Mark Mix. “While we are pleased these employees have succeeded in their effort to remove an unwanted union, cases like this show why the NLRB’s non-statutory contract bar policy should be eliminated entirely.”
“Workers shouldn’t be trapped under a union contract they oppose for three years until they can avail themselves of their clear right under federal law to petition for a vote to end union affiliation they oppose,” added Mix.
Penske Truck Rental Employees in Minneapolis and Nashville Overwhelmingly Vote to Remove Machinists Union
Majority of workers in both work units have prevailed in effort to free themselves of unwanted IAM union bosses’ so-called ‘representation’
MINNEAPOLIS, MN & NASHVILLE, TN – Majorities of Penske Truck Rental employees at locations in Minnesota and Tennessee have voted to remove the International Association of Machinists (IAM) union from their respective workplaces. The decertification petitions were filed by workers with free legal aid from the National Right to Work Legal Defense Foundation in April with the National Labor Relations Board (NLRB), asking the agency to hold votes to formally remove IAM union officials’ monopoly bargaining power.
On May 1 in Minneapolis, Minnesota workers voted 26 to 7 to remove IAM District Lodge No. 77 union officials. The NLRB-supervised decertification election took place after Penske employee Kyle Fulkerson submitted a petition on April 4, 2024 signed by a majority of his coworkers asking the NLRB to hold a vote to remove the union from the facility.
“This lopsided vote is a testament to the fact that after having seen the IAM up close and personal in our workplace, my colleagues and I are confident that we are better off without union officials so-called ‘representation,” said Fulkerson about the outcome, which became final on May 8 after a one-week objection period passed with no union challenge to the outcome being filed.
Meanwhile in Tennessee, Penske employee David Saylor filed his decertification petition on April 11 backed by a majority of the employees at the downtown Nashville Penske location. On May 8, they voted 15 to 8 to oust IAM District Lodge No. 735. Today, on Thursday, May 16, 2024, the vote became finalized absent a last ditch attempt by union officials to overturn the workers’ vote.
The Minneapolis and Nashville-based workers are not the only Penske employees to remove unwanted union so-called “representation” with legal aid from the National Right to Work Foundation. In 2022, every worker but one as a Penske facility in Indiana signed a petition seeking to decertify the Teamsters union officials at that location. Before an NLRB-supervised decertification election was scheduled, Teamsters officials issued a statement, disclaiming representation in an apparent attempt to spare themselves the embarrassment of an overwhelming vote by workers to reject the union’s so-called “representation.”.
“Workers across the country are increasingly exercising their rights to remove unwanted unions, with more decertification elections held last year than in any year since 2017,” said National Right to Work Foundation President Mark Mix. “No worker anywhere should be forced under the so-called ‘representation’ of a union they oppose, and Foundation staff attorneys stand ready to assist workers wanting to hold a decertification election to oust a union they oppose and believe they would be better off without.”
Majority of Employees at Emporia Rehabilitation and Healthcare Seek to Remove SEIU Union
Decertification election to remove “Workers United Mid Atlantic Regional Joint Board” union officials set for Thursday
Emporia, VA (May 8, 2024) – A majority of employees at Emporia Rehabilitation and Healthcare Center in Emporia, Virginia, have petitioned the National Labor Relations Board (NLRB) for a secret ballot vote to remove the Workers United Mid Atlantic Regional Joint Board union from their workplace. A decertification election has been scheduled for Thursday, May 16. Emporia employee Christy Smith filed the petition requesting the vote with free legal aid from the National Right to Work Legal Defense Foundation.
Smith filed the union decertification petition on April 18 with the NLRB, the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Smith’s petition contained support from over half of her 60 coworkers, well more than required to trigger a decertification vote under NLRB rules. SEIU affiliate, “Workers United” [sic] Mid Atlantic Regional Joint Board union officials have maintained monopoly bargaining power at Smith’s workplace for over a decade.
Virginia is a Right to Work state, which means that union financial support is strictly voluntary for employees. In contrast, in states that do not have Right to Work laws, union officials can require employees to pay union dues or fees under threat of termination. However, in both Right to Work and non-Right to Work states, union officials are empowered by federal law to impose a union contract on all employees in the work unit, including those who oppose the union.
A successful decertification vote strips union officials of such monopoly bargaining powers. Nursing staff, Dietary staff, and Housekeeping staff, comprising of the 61 employees at the facility, are eligible to vote in this NLRB-supervised election.
“This majority-backed decertification petition at Emporia Rehabilitation and Healthcare is yet another example of the growing interest among workers in unionized workplaces to reconsider union affiliation,” said Foundation President Mark Mix. “The National Right to Work Legal Defense Foundation stands ready to provide free legal aid to workers seeking to exercise their right to remove an unwanted union from their workplace and to defend workers against any attempts by union officials to undermine or block workers from freeing themselves from unwanted so-called union ‘representation.’”
Wonderful Nurseries Workers Hit UFW Union with Charges Detailing Fraudulent Union Campaign, Illegal Discrimination
Charges: Union gained “majority status” through false pretenses and union agents are cracking down on workers that express opposition
Bakersfield, CA (April 26, 2024) – Claudia Chavez and Maria Gutierrez, two workers at food and drink company Wonderful Nurseries LLC’s Wasco, CA, grapevine nursery, have filed charges against the United Farm Workers (UFW) union. They maintain that UFW agents fraudulently obtained membership cards from employees and later used this as a basis to demand monopoly-bargaining power over Wonderful employees statewide. Chavez and Gutierrez filed their charges at the California Agricultural Labor Relations Board (ALRB) with free legal aid from National Right to Work Foundation staff attorneys.
The ALRB is the California state agency responsible for governing labor relations in the state’s agricultural sector, which includes overseeing union attempts to gain bargaining control at farms and other facilities. Chavez and Gutierrez’s charges detail that UFW union officials installed themselves at Wonderful Nurseries through “card check,” which bypasses workers’ right to vote in secret on the union and instead relies on membership (or “authorization”) cards collected by union officials, sometimes under dubious circumstances.
The card check process lacks the security of a secret ballot vote, and exposes workers to intimidation and manipulation from union officials who seek to collect enough cards to claim “majority support” among workers. Under ALRB rules, a union that presents the agency with cards obtained from a majority of workers is immediately certified as the monopoly bargaining agent, a status that can only be challenged after the fact.
Chavez and Gutierrez argue that UFW union officials “by artifice, fraud, deceit, misrepresentation, and/or coercion” got them and many of their coworkers to sign membership cards for the union and the union falsely “represent[ed] itself as having obtained the support of a majority of the employees” afterward. Chavez and Gutierrez also contend that UFW bosses are now illegally forbidding employees from revoking the fraudulently-obtained cards, and are harassing and retaliating against employees who oppose the union.
“UFW union officials deceived us just so they could gain power in our workplace,” Chavez and Gutierrez commented. “Instead of just letting us vote in secret on whether we want a union, they went around lying and threatening to get cards and now are cracking down on anyone who speaks out against the union. We hope the ALRB listens to us and prosecutes the union for its illegal acts.”
Union Officials Spread Lies About Union Cards and Engaged in Discrimination to Obtain Signatures
Chavez and Gutierrez’s charges describe multiple fabrications – and even discriminatory behavior – that UFW union bosses used to get employees to sign authorization cards, including “representing that certain COVID-19-related public benefits available to farmworkers required signatures on union membership cards…that union membership cards were not, in fact, union membership cards to be used in any UFW organizing efforts…presenting to strictly Spanish-speaking discriminatees union membership cards only in English…[and] presenting to illiterate discriminatees union membership cards and misrepresenting their content and/or significance.”
With the union installed and UFW agents not letting workers revoke their illicitly-obtained memberships in the union, Chavez and Gutierrez note that UFW union officials are now “engaging in a campaign of harassment, libel, slander, and intimidation against [employees who are] exercising their right of free speech and/or protest under [California labor law] to oppose UFW representation.” News reports suggest that scores of Wonderful Nurseries workers have engaged in outdoor demonstrations against the union, declaring “We don’t want a union, listen to our voices, don’t ignore us.”
In addition to the ALRB charges, Chavez and Gutierrez, along with a dozen other coworkers, seek to intervene in the ongoing ALRB case in which Wonderful Nurseries is challenging the union’s card check majority “certification” as improperly based on cards collected through fraud and other improper means. Foundation staff attorneys represent the group of workers seeking to intervene in that case to defend their right not to be placed under union monopoly control as a result of UFW organizers’ illicit tactics.
“UFW union officials have treated Wonderful Nurseries workers as pawns to be used in their pursuit of power, deceiving them with no regard for their rights and now engaging in retaliation against those who exercise their free speech rights against the union,” commented National Right to Work Foundation President Mark Mix. “Their situation above all shows the glaring flaws of the ‘card check’ process, in which workers are denied a chance to vote in secret on a union and are left exposed to a multitude of illegal union tactics.”
Full Foundation Action September/October 2023 Newsletter Now Online
All articles from the September/October issue of Foundation Action are now online.
In this issue:
- After Janus, Foundation Continues Fight to Expand Freedom for Public Employees
- Starbucks Workers Nationwide Rising Up Against Union Representation
- Victory: San Diego Charter School Educators Vote Out Teacher Union Bosses
- Mark Mix Labor Day Op-Ed: Biden’s Labor Board Wants to Trap Workers in Unions
- Philly Public Defender Beats Illegal UAW Dues Deduction Scheme
Recent articles can be found here. To sign up for a free copy of the newsletter via mail please see the form at the bottom of this page.
Right to Work Foundation Brief: 2018 Janus Decision Means Union “Release Time” Violates AZ Constitution’s Gift Clause
Brief supports challenge pending at Arizona Supreme Court against Phoenix’s scheme to subsidize inherently political union activities with tax dollars
Phoenix, AZ (December 14, 2023) – The National Right to Work Foundation has just filed an amicus brief in Mark Gilmore v. Kate Gallego, a case currently pending before the Arizona Supreme Court. In the case, Phoenix city employees Mark Gilmore and Mark Harder are suing Phoenix Mayor Kate Gallego for engaging in a scheme that redirects taxpayer funds intended for public employees’ compensation toward political advocacy conducted by American Federation of State, County and Municipal Employees (AFSCME) Field II agents on so-called “release time.”
Specifically, the plaintiffs’ lawsuit argues the Arizona Constitution prohibits the use of taxpayer dollars to fund four full-time positions for union officials for the purpose of conducting union business, in addition to a bank of over 3,000 paid hours to be used by other union officials for union purposes, and multiple other perks for union agents.
The Foundation’s brief argues that the release time scheme violates Arizona’s Gift Clause, which forbids government transactions that bestow benefits on private entities while serving no public purpose. The brief points out that the U.S. Supreme Court’s ruling in the Foundation-won Janus v. AFSCME case demonstrates that, under the First Amendment, all government union activities are a form of lobbying designed to influence public policy for the benefit of the union. That means taxpayer subsidies of such activities inherently violate the Arizona Constitution’s Gift Clause.
Brief: “Release Time” Funnels Tax Dollars Unconstitutionally to Union Bosses
The policies unions lobby for “often are matters of substantial public concern, such as how much money the government expends on wages and benefits,” the brief reads. “With its release time policy, the City is effectively paying individuals to lobby the City for a private advocacy organization and its members. The notion that this political advocacy serves a public purpose is untenable.”
In the Janus decision, the U.S. Supreme Court ruled that forcing public sector workers to fund any union activities as a condition of employment constitutes forced political speech barred by the First Amendment.
The Foundation’s brief also deconstructs a proposition that the City of Phoenix’s ability to impose one-size-fits-all union contracts on entire swaths of employees somehow counts as a “public benefit” that the City receives in exchange for enforcing the release time scheme. Foundation attorneys instead argue that the municipal labor code already imposes this obligation on both the union and the City, and thus isn’t a benefit that union bosses are giving the City.
“Given the code already requires the City and AFSCME to impose uniform terms of employment on unit employees, union member and nonmember alike, it necessarily follows that the City did not need to provide AFSCME agents with release time to comply with its pre-existing legal obligations,” the brief contends.
“Union bosses, who will often screech about ‘corporate welfare,’ are more than happy to arrange so-called ‘release time’ schemes in which taxpayer dollars are funneled toward supporting their massive lobbying efforts,” stated National Right to Work Foundation President Mark Mix. “Janus made it plain and simple that compelling public sector employees to fund union activities constitutes forced political speech, and the Arizona Supreme Court has an obligation to declare unlawful compulsion foisted on taxpayers.”
