SEIU Union Officials Violate Federal Settlement

Worker advocate assists healthcare workers coerced into forced dues union ranks

Sacramento, CA (April 4, 2013) – With free legal aid from National Right to Work Foundation staff attorneys, a Sutter Roseville Medical Center respiratory care practitioner has filed another federal charge against a statewide union for violating a federal settlement by coercing her and her colleagues into paying full union dues even though they are not union members.

In late 2011, Mary Massen won a federal settlement after filing charges against with the Oakland-based Service Employees International Union United Healthcare Workers – West (SEIU-UHW) union with the National Labor Relations Board (NLRB).

Because California does not have Right to Work protections for its workers, Massen, who has exercised her right to refrain from formal union membership, is still forced to pay union fees as a condition of employment. However, because of a Foundation-won Supreme Court precedent in Communication Workers v. Beck, she cannot be compelled to pay the portion of union dues used for the union's political, lobbying, and member-only activities. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently verified audit of chargeable and non-chargeable expenses.

Click here to read the full release.

Writing in The Orange County Register, former teacher Larry Sand exposes the hypocrisy of teacher unions' rhetoric on Right to Work:

Teachers unions are forever telling its members how much the union does for them in the way of wages, job benefits, etc. You would think that an organization that does so much for its members wouldn't have to resort to bullying to keep them in the fold. But the unions know that without forcing the issue, many teachers would just say, "No." For instance, in Wisconsin, after Act 10 came into law allowing teachers to quit their union, about 30 percent have already quit with more to follow this June when their contracts expire.

Well said. If unions are providing valuable services, as they claim, they shouldn't have to rely on coercion to collect dues and attract members. And if teachers and other workers are no longer joining and paying dues voluntarily, union bosses should adjust their sales pitch instead of resorting to compulsion. 

Sand goes on to demolish the "free rider" myth peddled by anti-Right to Work advocates:

It is a compelling argument, but untrue. The National Labor Relations Act does not mandate unions exclusively represent all employees, but permits them to electively do so. Under the Act, unions can also negotiate "members-only" contracts that only cover dues-paying members. They do not have to represent other employees. 

Read the whole thing here. 

SEIU Officials Face State Charge for Violating Home Care Provider's Rights

Case shows desperate need for California Right to Work law

San Francisco, CA (January 31, 2013) – With free legal assistance from National Right to Work Foundation staff attorneys, a San Francisco in-home care provider has filed a state charge against a local union for illegally refusing to honor her right to refrain from full-dues-paying union membership.

On Tuesday, Shiufan Lee filed the charge with the California Public Employment Relations Board (PERB) against Service Employees International Union-Healthcare Workers West (SEIU-UHW).

Lee attempted to exercise her right to refrain from formal union membership via phone in early August 2012, and in a letter she sent on August 3. Lee received a call from a union official where she again asked to resign from membership and full dues payments. Each time she spoke with union officials, they refused to acknowledge her resignation.

Click here to read the full release.

SEIU Officials Face State Prosecution for Violating Pharmacist's Rights

Case shows desperate need for California Right to Work law

San Jose, CA (September 6, 2012) – Last week, the California Public Employment Relations Board (PERB) filed a complaint against a local union for illegally refusing to honor a worker's right to refrain from full-dues-paying union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Santa Clara Valley Medical Center pharmacist Jeffrey Lum of Cupertino filed a state charge in June against Service Employees International Union (SEIU) Local 521 for illegally forcing him into full union dues payments.

Lum, a county employee, exercised his right to refrain from formal union membership in November 2011 and sent a letter to the SEIU notifying the union hierarchy of his decision.

Click here to read the full release.

Federal Settlement Will Force SEIU to Leave Local Hospital Workers Alone

Union organizers conspired to force healthcare workers into union ranks using coercive "card check" tactics

Orange, CA (August 3, 2012) – With free legal assistance from the National Right to Work Foundation, Chapman Medical Center workers have won federal settlements that will remove unwanted Service Employees International Union (SEIU) Healthcare Workers West officials' representation from their workplace.

Chapman management and SEIU officials have signed National Labor Relations Board (NLRB) settlements after Marlene Felter of Costa Mesa filed charges with the agency in response to SEIU organizers colluding with Chapman management to illegally rig a union organizing "vote" to pave the way for the union to claim to "represent" the workers. Under the settlements, SEIU must give up its "exclusive representation" and Chapman will publicly withdraw recognition of the union.

Click here to read the full release.

SEIU Officials Face Charge for Violating State Pharmacist's Rights

Case shows desperate need for California Right to Work law to make union membership and dues strictly voluntary

San Jose, CA (July 10, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a Santa Clara Valley Medical Center pharmacist has filed a state charge against a local union for illegally refusing to honor his right to refrain from full-dues-paying union membership.

Jeffrey Lum of Cupertino filed the charge with the California Public Employment Relations Board (PERB) against Service Employees International Union (SEIU) Local 521 for illegally forcing him into full union dues payments against his will.

Lum, a state employee, exercised his right to refrain from formal union membership in November 2011 and sent a letter to the SEIU notifying the union hierarchy of his decision.

Click here to read the full release.

Like The Wall Street Journal, The Washington Examiner also noted the landmark implications of the Foundation's latest Supreme Court victory. Here's the crux of their editorial on the Knox case:

The 7-2 majority -- which included a concurrence by liberal Justices Sonia Sotomayor and Ruth Bader Ginsburg -- agreed that the union had acted illegally. But the sharpest cut comes from the court's narrower 5-4 majority opinion by Justice Samuel Alito. It held that for unions to deduct special political contributions from nonmembers' paychecks -- as occurred in this case -- those workers must explicitly opt in, as opposed to having to opt out. Otherwise, as in this case, the union will at best receive a free loan for political activity at nonunion employees' expense. At worst, employees burdened with the normal concerns of life may well forget to claim their full rights, and the unions' political activities will thrive by default at their expense.

"Public-sector unions have the right under the First Amendment to express their views on political and social issues without government interference," Alito wrote. "But employees who choose not to join a union have the same rights." It should come as little surprise that nonunion workers do not want to contribute to union political initiatives, especially ones that attack nonunion workers' rights.

For more on the case, check out the Foundation's press release on the decision and Knox webpage. 

Yesterday, the U.S. Supreme Court struck down an illegal Service Employees International Union (SEIU) political fee charged to California state workers without notice and opportunity to opt out.

And now for the first time, the Court is requiring union officials to obtain affirmative consent from workers before they increase union dues and fees or slap workers with "special assessments" for union boss political spending.

Not only is this Foundation victory a victory for the First Amendment principles of free speech and free association, but Justice Samuel Alito acknowledged the tension the Court has created by allowing Big Labor to get away with so much for so long.

The very fact that a five-member majority of the U.S. Supreme Court openly questioned Big Labor's incredible power to force workers info forced-dues payments suggests Big Labor has overplayed its hand and the Court may be willing to hear more cases to reconsider some of its pro-Big Labor precedents and possibly even freeing workers from the shackles of forced unionism. Via the Wall Street Journal:

Writing for a five-member majority, however, Justice Samuel Alito raises larger questions about compulsory union dues and individual rights. Shouldn't the people who choose not to join a union, he asks, have to opt into political and ideological activities that they may presumably dispute—rather than opt out? "Which side should bear the risk?" he continues. "The answer is obvious: the side whose constitutional rights are not at stake."

Thus Knox may provide an opening to revisit some of the Court's precedents that force people to subsidize political views or escapades contrary to their values—not to mention the First Amendment. Stay tuned.

Service Employees International Union (SEIU) Healthcare Workers West organizers in Orange County, California are turning up the heat on healthcare workers who want nothing to do with the union.

SEIU officials have been trying to unionize workers at Chapman Medical Center through a backroom deal known as a "neutrality agreement" designed to grease the skids for workers to be forced into union ranks.

The agreement was anything but "neutral:" Company officials granted union operatives access to company facilities to conduct a coercive "card check" organizing campaign in which union organizers pressure workers to fill out cards that count as votes for union control of the workplace. Meanwhile, Chapman waived the right to have a federally-supervised secret ballot election to determine whether employees really wish to be unionized.

SEIU organizers then resorted to harassing late night phone calls, blocking workers' driveways while they were heading to work, bribing workers with food to sign "cards" that would later count as "votes," and stalking workers.

Now, SEIU organizers are sneaking in without identification through the back door of the medical center's jam-packed cafeteria and refused to leave when approached by hospital administration, human resources, and even workers.

Eventually workers had to resort to calling the police to remove the unwanted SEIU militants from their workplace.

"This is just getting out of hand," one concerned worker told the National Right to Work Foundation.

If you are experiencing union intimation, harassment, or violence at the hands of union organizers or union officials, contact the National Right to Work Foundation for help right away.

Union Bosses Set Forest Fire Captain’s Religious Rights Ablaze

Union officials and state play God with firefighter’s rights

San Francisco, CA (May 21, 2012) – A California Department of Forestry fire captain has filed a religious discrimination charge against the California Department of Forestry Firefighters (CDFF) union for violating his statutory right to refrain from paying forced union dues to support a union hierarchy involved in activities he considers immoral.

With free legal assistance from National Right to Work Foundation attorneys, Susanville firefighter John Valentich filed the charge against the CDFF union with the California Department of Fair Employment and Housing and the Equal Employment Opportunity Commission located in San Francisco.

Title VII of the Civil Rights Act forbids discrimination against religious employees and requires companies and unions to attempt to reasonably accommodate employees' sincerely-held religious beliefs. The obligation to accommodate applies to the payment of compulsory union fees, as no employee should be forced to fund a union that engages in activities that offend their religious convictions.

Read the entire release here.