31 May 2023
21 Apr 2023

With Foundation Aid, Mayo Clinic Nurses Defeat Forced Union Dues Requirement

The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.

Nurses’ ultimate goal is to end Steelworkers union bosses’ so-called ‘representation’ completely

Mayo Clinic nurses MNA

Austin, MN, Mayo nurse Erin Krulish and her coworkers hope to soon join Mankato, MN, Mayo nurses (above) in removing unwanted union “representation” from their facility.

AUSTIN, MN – Nurses at the Mayo Clinic Health System in Austin, Minnesota, recently voted overwhelmingly in a deauthorization election to end the power of United Steelworkers (USW) union officials to require nurses to pay up or be fired. The workers filed the deauthorization petition with National Labor Relations Board (NLRB) Region 18 with free legal representation from National Right to Work Legal Defense Foundation staff attorneys.

“We are so happy with the way the election turned out,” Mayo Clinic Austin nurse Erin Krulish commented. “I think it really shows that all of us came together to show the union that we don’t want to keep paying them when they are doing nothing for us.”

Krulish filed the deauthorization petition for her coworkers seeking to end the so-called “union security clause” that authorizes USW union bosses to have nurses fired for refusing to financially support union activities. The request seeking the vote to end United Steelworkers union officials’ forced-dues powers at Mayo Clinic Austin was signed by 49 of the 66 workers, well over the number required to trigger the NLRB-supervised election.

Ending Forced Dues Comes as Nurses Wait for Vote to Formally Remove Union

Minnesota is not a Right to Work state, meaning all workers in a unionized workplace can be required to pay dues or fees to a union as a condition of keeping their jobs. However, federal law does allow workers to hold deauthorization votes to end union officials’ legal authority to force workers to “pay up or be fired,” although winning such a vote can often be an uphill battle as independent workers have to take on professional forced-dues-funded union organizers.

The overwhelming 49-17 vote against mandatory union payments came as the nurses wait for the opportunity to end USW officials’ so-called “representation” at the facility completely, a process known as decertification. “We plan to decertify come next December when our contract is up and we are ready for another fight!” Krulish said following the deauthorization victory.

Currently, the non-statutory NLRB-invented “contract bar” doctrine blocks workers from holding a decertification vote to remove a union’s monopoly representation powers for up to three years when a union boss-imposed contract is in effect. Consequently, a deauthorization vote, which isn’t limited by the contract bar, was the nurses’ only option. If the nurses at the Austin Mayo Clinic do decertify as they plan, they will join Minnesota nurses at Mayo Clinic Mankato and Mayo Clinic St. James who voted to oust union officials from their hospitals in the last six months.

“No worker anywhere should be forced under so-called union ‘representation’ they oppose,” commented National Right to Work Foundation President Mark Mix. “So while we’re pleased Ms. Krulish and her coworkers were victorious against the Steelworkers union, this case also shows why it is past time to end the NLRB-sanctioned ‘contract bar’ which traps workers in union ranks they oppose for years at a time.”

“Ultimately, Minnesota needs a state Right to Work law to ensure that every individual worker has the freedom to decide whether or not to financially support a union, even those who can’t overcome the hurdles required to successfully navigate the complicated deauthorization process,” added Mix.

28 Feb 2023
7 Apr 2023

Las Vegas Plumbing Designer Wins Case Against Union Over Illegal Retaliatory Fines by UA Union Bosses

Posted in News Releases

In apparent retaliation for participating as an observer in a Labor Board election, union officials attempted to fine Universal Plumbing and Heating employee $4,999

Las Vegas, NV (April 7, 2023) – David Webb, an employee at Universal Plumbing and Heating Inc. has won his legal battle against United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry (UA) Local 525, after UA union officials illegally attempted to fine him.

Webb exercised his right to participate as an election observer during a National Labor Relations Board (NLRB)-sanctioned election at his workplace, only to be subjected to the fine attempt by UA officials. In response, Webb, with the assistance of National Right to Work Legal Defense Foundation staff attorneys, filed federal unfair labor practice charges at National Labor Relations Board Region 28 against the UA for violating his rights under the National Labor Relations Act.

Unions cannot lawfully discipline nonmembers. Since 2017, Webb has not been a union member and has not paid any dues. Universal Plumbing and Heating Inc. is also not a unionized company. Despite this, UA union officials initiated internal union disciplinary charges against him, attempting to levy a fine of $4,999 for exercising his right to participate in an NLRB-conducted election, including as an official election observer. Union officials apparently initiated the illegal fine attempt after Webb’s coworkers voted against bringing the union into their workplace while Webb served as an election observer.

The charges National Right to Work Foundation staff attorneys filed against the UA union for Webb explained that, because Webb was a non-member since 2017, he could not legally be subject to discipline by the union. Further, the charges noted that the fine was illegal retaliation for his protected NLRA activity in serving as an election observer.

Just 10 days after Foundation attorneys filed Webb’s unfair labor practice charges against the UA, the union capitulated, sending Webb a letter acknowledging they lacked the legal basis for the fine because he was not a union member, and that therefore he was not subject to the fine or any other sanction from the UA Local or national affiliate.

Although union bosses often initiate internal union discipline against voluntary union members, longstanding precedent protects workers who are not union members from being subjected to such retaliatory fines. Further, workers cannot legally be fined by union officials for exercising their protected rights under federal labor law, including participating in an NLRB-supervised election to decide whether or not union officials become the monopoly bargaining “representative” of workers in a given workplace.

Nevada is a Right to Work state, meaning workers cannot legally be required to join or pay dues or fees to a union as a condition of keeping their jobs. However, even in Right to Work states, union officials who have obtained monopoly bargaining control in a workplace are granted the power to impose one-size-fits-all union contracts on all workers, including those who opt out of union membership and would prefer to negotiate their own terms of employment. In the election that triggered the illegal retaliatory fine against Webb, workers voted against granting UA union bosses such monopoly bargaining powers.

“This case was open and shut: Union officials know workers can exercise their rights to participate in an NLRB-sanctioned election and they were caught red-handed violating Webb’s rights,” commented National Right to Work Foundation President Mark Mix. “Although the fine has officially been dropped, Foundation attorneys remain ready to protect all workers’ right to refrain from union activities.”

“Other workers in Nevada and nationwide facing similar backlash from union officials should know they can reach out to Foundation staff attorneys for free legal assistance in challenging union officials who violate their rights,” added Mix.

10 Mar 2023

Pipefitters Union Hit with Federal Charge for Illegal Retaliatory Fine against Non-Union Las Vegas Worker

Posted in News Releases

For participating as an observer in an NLRB union election, the heating and plumbing worker faces $4,999 in punitive union boss initiated fines

Las Vegas, NV (March 10, 2022) – An employee in Las Vegas, Nevada, has filed federal charges against the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry (UA) union Local 525, in response to union officials illegally threatening to fine him. The employee, David Webb, chose to exercise his right to work during a National Labor Relations Board (NLRB)-sanctioned election. The case was filed at the National Labor Relations Board Region 28 by National Right to Work Legal Defense Foundation staff attorneys to challenge his retaliatory fines by the union officials.

Webb, a Universal Plumbing and Heating Inc. employee, has not been a union member since 2017. Despite this, UA union officials initiated internal union disciplinary charges against him, resulting in an attempt to levy a fine of $4,999 against him for exercising his right to participate in a NLRB-sanctioned election, including as an official election observer.

Although union bosses often initiate internal union discipline against voluntary union members, longstanding precedent protects workers who are not union members from being subjected to such retaliatory fines. Further, workers can never legally be fined by union officials for exercising their protected rights under federal labor law, including participating in an NLRB-supervised election to decide whether or not union officials become the monopoly bargaining “representative” of workers in a given workplace.

Nevada is a Right to Work state, meaning workers cannot legally be required to join or pay dues or fees to a union as a condition of keeping their jobs. However, even in Right to Work states, union officials who have obtained monopoly bargaining control in a workplace are granted the power to impose one-size-fits-all union contracts on all workers, including those who opt out of union membership and would prefer to negotiate their own terms of employment. In the election that triggered the illegal retaliatory fine against Webb, workers voted against granting UA union bosses such monopoly bargaining powers.

“Fining a nonmember worker for poll-watching is not only absurd but blatantly illegal,” commented National Right to Work Foundation President Mark Mix. “If UA union bosses want to know why workers are declining formal union membership and also voting against bringing so-called union ‘representation’ into their workplace, they should look at their own conduct and how they abuse the rights of rank-and-file workers.”

“Other workers nationwide facing similar backlash from union officials should know they can reach out to Foundation staff attorneys for free legal assistance in challenging union bosses,” added Mix.

5 Mar 2023

Another Janus Victory: South Jersey Bus Drivers Win Back Illegally Seized Dues

The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.

New Foundation-backed challenges to Janus restrictions also pending at U.S. Supreme Court

South Jersey Bus Driver Tyron Foxworth

Stop Requested: Tyron Foxworth and his fellow South Jersey Transportation Authority bus drivers told union officials to cease union dues to no avail, until Foundation staff attorneys’ lawsuit forced union bosses to back down.

CAMDEN, NJ – Toward the end of 2021, South Jersey Transportation Authority (SJTA) bus driver Tyron Foxworth and his colleagues Doris Hamilton, Karen Burdett, Karen Hairston, Ted Lively, Arlene Gibson, and Stanley Burke decided they had had enough of International Federation of Professional and Technical Engineers (IFPTE) union bosses’ so-called “representation” and opted out of union membership. Union cards they had signed indicated that the union would cease taking money from their paychecks in January 2022.

But, January 2022 came and went, and neither Foxworth nor his fellow independent-minded colleagues saw dues deductions stop. As a result, with free legal representation from National Right to Work Foundation staff attorneys, they filed a First Amendment federal civil rights lawsuit against the IFPTE union. They argued that union officials violated their First Amendment rights under the Foundation-won 2018 Janus v. AFSCME Supreme Court precedent by continuing to seize dues despite their objections.

IFPTE Officials Subjected Drivers to Restrictions They Never Knew About

In Janus, the Court declared it a First Amendment violation to force public sector workers to pay union dues as a condition of employment. It also ruled that union officials can only deduct dues from the paycheck of a public sector employee who has voluntarily waived his or her Janus rights.

Rather than face Foundation staff attorneys in federal court, IFPTE union lawyers backed down and settled the case. As the settlement ordered, union bosses have now given back all money they seized unconstitutionally from Foxworth and his objecting coworkers, plus interest. The settlement also bars the IFPTE union from demanding or seizing any dues from the drivers going forward.

According to Foxworth and his colleagues, IFPTE dues deductions cards led them to believe that dues opt-outs would become effective on either the January or July following a request. However, the union’s monopoly bargaining contract with SJTA recognized dues revocations only in July. The drivers never consented to this greater restriction.

Foundation attorneys argued in the lawsuit that IFPTE union officials, by taking union dues after January 1, 2022, without the workers’ consent, “violate[d] Plaintiffs’ First Amendment right to free speech and association.”

Foxworth and his coworkers’ victory is the latest of numerous Foundation-won cases to vindicate American public workers’ First Amendment Janus rights. In the past few years, class action lawsuits brought by Foundation staff attorneys have led to settlements freeing tens of thousands of Ohio public employees from American Federation of State, County, and Municipal Employees (AFSCME) union schemes illegally restricting the exercise of their Janus rights.

Courageous public workers from California and Nevada are also asking the Supreme Court to take the next step and declare such Janus restrictions clearly violative of the First Amendment.

Lifeguards, Police Officer Battle Blatantly Unconstitutional Restrictions

Foundation attorneys just filed a petition asking the Supreme Court to hear several Southern California lifeguards’ suit against a so-called “maintenance of membership” scheme that California Statewide Law Enforcement Agency (CSLEA) union officials are using to trap the lifeguards in membership and full dues payments years after they resigned, in direct opposition to Janus.

Also awaiting Supreme Court review of her case is Las Vegas police officer Melodie DePierro, who with Foundation aid is battling an arrangement imposed by Las Vegas Police Protective Association (PPA) union officials that forbids the exercise of her Janus rights for over 90 percent of the year.

“Union officials across the country continue to enforce schemes that give them — not the workers they claim to ‘represent– control over the exercise of Janus rights, meaning more money in union coffers while employees’ constitutional rights are squashed,” commented National Right to Work Foundation President Mark Mix. “While many union bosses, aware of the indefensibility of their actions, run screaming from facing Foundation attorneys on Janus issues and settle quickly, American public workers should also know that Foundation attorneys will fight all the way up to the Supreme Court to ensure their First Amendment rights are protected.”

 

24 Feb 2023

Disney Worker Hits UNITE HERE Union Bosses with Federal Charge for Illegal Dues Seizures

Posted in News Releases

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.”

17 Jan 2023

Foundation Defends Grocery Employees Against Illegal Union Strike Fine Threats

The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, November/December 2022 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.

Facing Foundation attorneys, UFCW union officials are dropping illegal fines

UFCW union officials threatened to fine King Soopers employee Nick Hall almost $1,000 just because he kept at his job during a strike. Foundation litigation ended the demands.

UFCW union officials threatened to fine King Soopers employee Nick Hall almost $1,000 just because he kept at his job during a strike. Foundation litigation ended the demands.

DENVER, CO – Grocery store workers at King Soopers are continuing to win their legal battles against United Food and Commercial Workers (UFCW) Local 7 union officials’ illegal attempts to fine workers for exercising their right to work during a January UFCW strike action. While the union remains under investigation by the National Labor Relations Board (NLRB) for a series of charges filed by workers with free legal aid from the National Right to Work Legal Defense Foundation, several workers have already successfully challenged thousands of dollars in union fines.

Workers Slam Union With Federal Charges After Threats

Two King Soopers workers, Nick Hall and Marcelo Ruybal, filed federal charges against UFCW in response to union officials illegally threatening to fine workers who chose to exercise their right to work during a strike. UFCW union bosses ordered an estimated 8,000 King Soopers workers out of work in January, but as a Foundation legal notice informed workers at the time, employees have the legal right to rebuff union boss strike orders, and non-member employees cannot be legally fined by the union.

Union bosses threatened Hall and Ruybal with fines of $812 and $3,800 respectively. This happened despite the fact that, as the workers noted in their NLRB charges, the fines were illegal because the workers were not voluntary union members, and therefore not legally subject to internal union fines for working during the UFCW boss-ordered 10-day strike. Some 30 NLRB charges are still being investigated by NLRB Region 27, based in Denver.

Foundation Legal Aid Prompts UFCW Bosses to Drop Fine Threats

In Hall’s case, the union backed down, rescinding the union’s illegal fine threat in a letter dated July 27, essentially acknowledging that it broke federal law. Other workers have also successfully challenged union boss fine threats following the January strike.

With free legal representation from Foundation staff attorneys, worker Yen Chan challenged the union’s authority to issue a $3,552.48 fine, with union officials backing down rather than pursuing the fine and facing further legal action. Other King Soopers workers also successfully challenged thousands of dollars in UFCW strike fines using information provided by National Right to Work Legal Defense Foundation staff attorneys.

“Union officials backed down quickly after being caught blatantly disregarding the law in Nick Hall’s case. But it shouldn’t take the support of National Right to Work Foundation staff attorneys just to force union bullies to abide by federal law,” commented National Right to Work Foundation President Mark Mix. “King Soopers workers are continuing to beat back illegal fines levied by UFCW union officials, even as union officials are still under investigation by the NLRB for unfair labor practice charges.”

22 May 2022

NYC University Professors Take Aim at Forced Union ‘Representation’

The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2022 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.

CUNY professors’ lawsuit argues NY law forces them under power of anti-Semitic union

CUNY Professors Avraham Goldstein Wall Street Journal Quote 

Prof. Avraham Goldstein recalled in a Wall Street Journal piece the anti-Semitism his family faced in the Soviet Union. He and other plaintiffs argue they shouldn’t be forced to associate with a union that subjects them to similar hostility.

NEW YORK, NY – For decades, government sector union bosses have relied on two pillars of coercion — forced dues and forced representation — to maintain their grip on power over America’s public servants and the public services citizens rely on.

While the Supreme Court in the 2018 National Right to Work Foundation-won Janus v. AFSCME Supreme Court case recognized that forcing government employees to pay dues to stay employed violates the First Amendment, a new Foundation-assisted civil rights lawsuit from six City University of New York (CUNY) system professors may finally defeat union bosses’ privilege to impose union representation over the objections of public workers.

CUNY professors Jeffrey Lax, Michael Goldstein, Avraham Goldstein, Frimette Kass-Shraibman, Mitchell Langbert, and Maria Pagano sued the AFL-CIO-affiliated Professional Staff Congress (PSC) union, CUNY executives, and New York State officials in January, challenging New York State’s “Taylor Law” that gives unions monopoly bargaining privileges in public sector workplaces like CUNY.

The plaintiffs, most of whom are Jewish, oppose the union’s “representation” on the grounds that union officials and adherents have relentlessly denigrated their religious and cultural identity. Several of the plaintiffs exercised their Janus right to cut off dues after PSC officials rammed through a resolution in June 2021 that they found “anti-Semitic, anti-Jewish, and anti-Israel,” according to the lawsuit.

Discrimination Cited in Groundbreaking First Amendment Case

The lawsuit, which was filed with legal aid from both the National Right to Work Foundation and Pennsylvania-based Fairness Center, says: “Despite Plaintiffs’ resignations from membership in PSC, Defendants . . . acting in concert and under color of state law, force all Plaintiffs to continue to utilize PSC as their exclusive bargaining representative.”

The resolution is not nearly the worst example of PSC officials’ anti-Semitism, according to the lawsuit. Prof. Michael Goldstein asserts that adherents of PSC are waging a campaign to get him fired and have targeted him with harassment and threats such that he must have an armed guard accompany him on campus. Prof. Lax cites in the lawsuit a determination he has already received from the Equal Employment Opportunity Commission (EEOC) that “PSC leaders discriminated against him, retaliated against him, and subjected him to a hostile work environment on the basis of religion.”

While all of the professors take issue with PSC bosses’ radicalism, they also want to break free from internal conflicts within the large and disparate unit, which consists of full-time, part-time, and adjunct teaching employees and others. Prof. Kass-Shraibman states in the lawsuit that “instead of prioritizing the pay of full-time faculty, PSC expended resources advocating on behalf of teachers in Peru, graduate students at various other universities and the so-called ‘Occupy Wall Street’ movement.”

On top of all that, Profs. Avraham Goldstein, Kass-Shraibman, and Langbert contend that PSC officials aren’t even respecting their First Amendment Janus rights. Although all three professors clearly indicated they wanted to cut off financial support to the union, the lawsuit explains that “Defendants PSC and the City . . . have taken and continue to take and/or have accepted and continue to accept union dues from [their] wages as a condition of employment . . .” in violation of Janus.

“I had paid thousands of dollars in union dues for workplace representation, not for political statements or attacks on my beliefs and identity,” Prof. Avraham Goldstein wrote in a piece for The Wall Street Journal. “I decided to resign my union membership and naively thought I could leave the union and its politics behind for good.”

“I was wrong,” recounted Prof. Goldstein. “Union officials refused my resignation and continued taking union dues out of my paycheck.”

Suit Seeks Damages and to Overturn NY Law Authorizing Union Control

The lawsuit seeks a declaration from the U.S. District Court for the Southern District of New York that the Taylor Law’s imposition of monopoly union control is unconstitutional, and that the defendants cease “certifying or recognizing PSC, or any other union, as Plaintiffs’ exclusive representative without their consent.” The lawsuit also demands the union and university return dues seized in violation of Janus to Profs. Avraham Goldstein, Kass-Shraibman, and Langbert.

“By forcing these professors into a monopoly union collective against their will, the state of New York mandates that they associate with union officials and other union members who take positions that are deeply offensive to these professors’ most fundamental beliefs,” observed National Right to Work Foundation President Mark Mix. “New York State’s Taylor Law authorizes such unconscionable compulsion. It is time federal courts fully protect the rights of government employees to exercise their freedom to disassociate from an unwanted union, whether their objections are religious, cultural, financial, or otherwise.”

1 Oct 2022