29 Sep 2008

Cross the Union Bosses, Get a Molotov Cocktail (or 2)

Posted in Blog

On Friday, a United States District Court judge sentenced a former union organizer to six months in prison and three years of probation for his participation in an arson against a nonunion concrete plant. The Albany Times Union has the details:

The May 2003 arson was part of an organized effort by two union officials to sabotage companies that were using non-unionized workers at construction sites.

The sentencing of Michael Kwarta, 32, who had served as a labor organizer and sergeant-at-arms for Local 190 of Glenmont, marked the culmination of a meandering federal investigation into the underworld of Albany’s politically connected laborers’ unions.

The arson triggered a federal grand jury investigation of the union’s ties to elected officials, public contracts and organized crime figures, and also whether top union leaders had authorized the firebombing.

Even though just about everybody in the union knew about Kwarta’s role in the arson — when an accomplice "hurled two Molotov cocktails at an operations trailer filled with computer equipment and it caught fire" — union hierarchy gladly kept him on the payroll for five years until just days before he entered his guilty plea.  (Apparently he was just doing his job.)

For all their government-imposed special privileges, union thugs aren’t above the law. Oh, actually, in many ways, they are:

The most egregious example of organized labor’s special privileges and immunities is the 1973 United States v. Enmons decision. In it, the United States Supreme Court held that union violence is exempted from the Hobbs Act, which makes it a federal crime to obstruct interstate commerce by robbery or extortion. As a result, thousands of incidents of violent assaults (directed mostly against workers) by union militants have gone unpunished. Meanwhile, many states also restrict the authority of law enforcement to enforce laws during strikes.

Make no mistake, union violence is anything but dead.

29 Sep 2008

Foundation Action: Foundation Seeks Federal Investigation into Union Political Fundraising

Posted in Blog

The cover story of the September/October issue of Foundation Action covers efforts by the Foundation to expose an SEIU union political fundraising scheme that coerces workers to support union politics, and to get the Department of Labor and Department of Justice investigate the scheme.

Read the whole story here (pdf) and sign up today for a free print subscription.

To receive the entire issue via email, just type your email address into the box in the top right corner of this page.

26 Sep 2008

Federal Court Halts Scheme by Teamsters Union Bosses to Illegally Collect Forced Dues

Posted in News Releases

Pittsburgh, PA (September 26, 2008) – The United States District Court for the Western District of Pennsylvania ruled in favor of seven Pennsylvania Turnpike Commission (PTC) employees against the Teamsters union and PTC for seizing forced union dues in violation of the employees’ First and Fourteenth Amendment rights.

With free legal aid from staff attorneys at the National Right to Work Foundation, the seven Turnpike workers filed a federal lawsuit last year against Teamsters Local 250, the International Brotherhood of Teamsters (IBT), and the PTC. Local 250 is the certified monopoly bargaining agent of Turnpike employees – every employee, like it or not, is forced to accept union representation and is required to pay dues or fees to the union to keep his or her job.

In the Foundation-won Chicago Teachers Union v. Hudson (1986), the U.S. Supreme Court unanimously established due process safeguards to ensure that employees are not compelled to subsidize union activities beyond what union officials can prove is spent on collective bargaining. Union expenditures such as organizing and political activism cannot be legally charged to workers who exercise their right to refrain from union membership. Before collecting an “agency fee” from a nonmember employee, a union must provide an adequate explanation for the basis of the fee, verified by an independent auditor, and an opportunity for the worker to challenge the amount of the fee before an impartial third party.

In its decision released on Thursday, the District Court found that Local 250 failed to provide an adequate basis for the forced union fee seized from the seven workers, from whom the PTC seized more than 92 percent of the dues formal union members paid. The court found that the local’s “procedures for chargeability audits are faulty and incomplete.” Specifically, Local 250 failed to break down the portion of the fees which went to the local’s national affiliates.

Particularly troubling are the court’s findings that the “independent auditor” relied solely on a personal conversation with a Local 250 union boss, “word of mouth” from IBT chiefs, and a quick look at the local’s year end balance sheets to verify the chargeability of the union’s expenses. Local union officials also failed to even obtain an audit of its expenses one year.

The court awarded nominal damages, restitution of the nonchargeable portions of the agency fees seized after the employees resigned in writing (plus interest), and attorneys’ fees. It will hold an evidentiary to determine the amount of the restitution. At the hearing, the court will also consider whether six of the employees may be entitled to restitution for an earlier period because union bosses failed to provide them adequate Hudson notices after they orally expressed their desire to resign from the union.

“Unfortunately, Pennsylvania does not have a Right to Work law,” said Stefan Gleason, vice president of the National Right to Work Foundation. “In the absence of such a protection, union bosses will continue to try to extract as much dues money as possible from dissenting workers.”

25 Sep 2008

Card Check Forced Unionism: Biggest Intervention Since New Deal?

Posted in Blog

Big Labor apologist Mark Weisbrot had a piece defending the woefully misnamed Employee Free Choice Act in Tuesday’s Chicago Sun-Times. Money quote (emphasis mine):

This law would probably change Americans’ lives more than any legislation since the New Deal brought us Social Security. The political influence of millions of new union members would also bring us closer to such basic reforms as universal health care. It’s all long overdue.

Of course, millions of new forced dues paying union members would only increase union bosses’ influence, not the workers’ influence — nearly half of whom do not support Big Labor’s political agenda.

Meanwhile, American who agrees with Big Labor’s political agenda can already choose to financially (or otherwise) support union-backed candidates and causes. But union bosses, you see, know better than the average worker. The average worker isn’t giving enough support to the Far Left politicians prefered by union officials on his own. So union bosses want to use dues money, seized from workers’ paychecks, to finance their own political activism.

Worse, an increase in Card Check forced unionism will open the doors for rampant intimidation of workers by union goons — so much of the increased dues money going to these politics will be from workers who were pressured into union ranks through card check.

Employees should indeed have a free choice — to determine their own representation and to decide for themselves if they want to join a union or fund its political activism.

25 Sep 2008

Many Ways to Get Wired in to America’s Right to Work Movement

Posted in Blog

Since you already read this blog (after all you’re here aren’t you) here are some other ways you can keep up with everything the National Right to Work Foundation does to defend employees from the abuses of compulsory unionism:

  • Email Alerts – Sign up to get exclusive Foundation emails sent right into your inbox. There is a signup box in on the top right corner of every page on this site.
  • Subscribe to our Newsletter – Read the latest edition of the National Right to Work Foundation’s newsletter, Foundation Action, and sign up for your free subscription today. You’ll receive a hard copy in your mailbox every two months.
  • Watch our Videos – Check out our Youtube.com and Eyeblast.tv channels to get the latest video updates about NRTW, its cases, and how it helps average working Americans fight the evils of compulsory unionism.
  • Network With Us – Join our Facebook.com group and connect with other National Right to Work supporters from across the country.

These are just a few of the many ways to stay on top of the critical developments in the Right to Work movement. Whether you are at work, at home, or on vacation, all you need is a computer to get started.

24 Sep 2008

Foundation Defends Ohio Religious Objectors

Posted in News Releases

Here’s our latest press release on the Foundation’s efforts to defend the rights of religious objectors to refrain from supporting union activities that offend their deeply-held beliefs:

Cincinnati, Ohio (September 24, 2008) – National Right to Work Legal Defense Foundation staff attorneys recently obtained settlements with the National Education Association (NEA) union for two teachers whose consciences would not allow them to pay mandatory dues to support a union involved in activities they consider immoral. Geralyn Buening and Tessy Huwer, both practicing Catholics, objected to the NEA’s positions on abortion and special rights for homosexuals.

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 includes 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.

The Ohio teachers originally filed charges against the NEA teacher union with the Ohio Equal Employment Opportunity Commission (EEOC), alleging that the union was in violation of their rights as religious objectors. In return for withdrawing the charges, the settlement allows the teachers to redirect their mandatory agency fees to the Make-A-Wish Foundation, rather than pay any funds whatsoever to a union hierarchy steeped in objectionable social activism.

Read the rest of the press release here. For more on the Foundation’s efforts to ensure unwilling Ohio teachers aren’t forced to fund morally objectionable causes, check out here and here.

24 Sep 2008

Two Ohio Teachers of Faith Win Right to Refrain From Supporting Objectionable Union

Posted in News Releases

Cincinnati, Ohio (September 24, 2008) – National Right to Work Legal Defense Foundation staff attorneys recently obtained settlements with the National Education Association (NEA) union for two teachers whose consciences would not allow them to pay mandatory dues to support a union involved in activities they consider immoral. Geralyn Buening and Tessy Huwer, both practicing Catholics, objected to the NEA’s positions on abortion and special rights for homosexuals.

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 includes 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.

The Ohio teachers originally filed charges against the NEA teacher union with the Ohio Equal Employment Opportunity Commission (EEOC), alleging that the union was in violation of their rights as religious objectors. In return for withdrawing the charges, the settlement allows the teachers to redirect their mandatory agency fees to the Make-A-Wish Foundation, rather than pay any funds whatsoever to a union hierarchy steeped in objectionable social activism.

The Ohio Education Association (OEA) has a long and abusive record of refusing to accommodate religious objectors in the workplace. National Right to Work Foundation attorneys have helped Ohio teachers in dozens of cases over the last decade involving the OEA and its affiliates. The EEOC has filed suit against OEA affiliates and released findings that OEA affiliates violated the rights of religious objectors. Congress has also investigated the problem of the OEA and its treatment of employees of faith. In fact, one OEA attorney went so far as to tell Carol Katter, a life-long Catholic, that she should “change religions” when she requested a religious accommodation to redirect her union fees to a charitable organization.

“While we applaud the EEOC for working with our legal aid team to reach an equitable settlement, abuses of this nature will continue as long as Ohio lacks a Right to Work law,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Making union affiliation completely voluntary is the most effective way to free employees from the abuses of forced unionism.”

23 Sep 2008

Foundation Pushes NLRB to Make Its Shadowy “Card Check” Database Public

Posted in Blog

Responding to a request from the National Right to Work Foundation, the National Labor Relations Board (NLRB) has finally made its so-called "voluntary recognition” database available to the public by posting it online.

So-called “voluntary recognitions” occur when union bosses and leveraged employers agree to bargain without the affected employees ever having chosen the union through an NLRB-supervised secret-ballot election. Such recognitions are the ultimate goal of most vicious, multi-pronged pressure campaigns waged by union forces against targeted employers.

As result of the Foundation’s Dana/Metalydyne victory, employees may now obtain a traditional decertification election immediately after finding themselves pressured into union ranks through "card check" or other means.

However, in order to obtain the ability to block employees from freeing themselves from union monopoly bargaining once 45 days have elapsed, union officials must now report the occurance of a voluntary recognition in the first place. This “VR Database” is now available on-line and allows the public to see the over 380 so-called “voluntary recognitions” recorded in the past year.

As of September 9, interested persons may access the database by going to the NLRB website and clicking on “ Frequently Requested Documents” under the “What’s New” column. The database can be found by scrolling down to “Dana Corp. and Metaldyne Briefs and Documents” and clicking on “Post Dana Corp. Case Processing” or by going here.

22 Sep 2008

Foundation Letter to the Editor: First Amendment Is Not a “Mere Loophole”

Posted in Blog

The Salt Lake Tribune recently ran the following letter to the editor by Foundation Vice President Stefan Gleason in response to an editorial regarding the Foundation’s recent victory in federal court over attempts by union partisans to silence the Foundation’s legal aid program using Utah’s campaign finance regulations:

A newspaper should understand that the First Amendment isn’t merely a "loophole," as implied by The Tribune editorial "Repairs needed: Campaign financing laws should be tougher" (Sept. 11) about the National Right to Work Foundation’s federal court victory that struck down as unconstitutional key parts of Utah’s campaign finance law.

After the foundation received from Utah teachers reports of coercion and illegal use of school property during a union-run petition drive, it ran radio and TV ads informing teachers of their rights and offering free legal aid. Union activists were upset that we would dare to help teacher victims, and they used state campaign finance laws to retaliate. Utah Lt. Gov. Gary Herbert blundered in trying to force our charitable organization to hand over contributor names and other information, even though we never engaged in any kind of electioneering. Herbert’s ham-handed actions led to the deserving demise of Utah’s broad and vague speech regulations.

The editorial noted that legislators must now go back to the drawing board. This time, they ought to read the First Amendment before putting pen to paper.

Stefan Gleason
Vice President
National Right to Work Legal Defense Foundation, Inc.
Springfield, Va.

22 Sep 2008

Maine State Employees Union Boss Could Face One Year In Jail, Forced Unionism Privileges Still Intact

Posted in Blog

Ah, the Maine State Employees Association. When they’re not extorting workers’ dues to pay for union activism and legal schemes, MSEA bosses are evidently fond of harassing UPS truck drivers:

Timothy Belcher, the leader [sic] of the state’s workers’ union, has requested that a jury hear allegations that he illegally blocked a UPS driver from continuing his rounds earlier this summer.

Belcher’s attorney, Leonard Sharon, said this week that a trial date has not yet been set in Sagadahoc County Superior Court.

Belcher, 53, the executive director of the Maine State Employee Association, a labor union representing more than 15,000 public and private sector workers throughout Maine, was issued a summons charging him with criminal restraint on June 25 after allegedly standing in front of the UPS drivers’ truck to prevent it from leaving the driveway to Belcher’s Bowdoinham home.

Criminal restraint is a Class D misdemeanor that carries a maximum potential penalty of a year in jail and a fine, Sharon said.

The MSEA, of course, is one of the parties in the upcoming Foundation Supreme Court case Locke v. Karass. Foundation attorneys seek a court ruling that would put greater teeth into protections for nonunion workers laboring under forced union dues.

Here’s how the responding officer described Mr. Belcher’s decision-making faculties after the hapless UPS driver called the police:

"He just seemed to be irrational at the time and wasn’t making good decisions," [Officer] Rogers said.

Now ask yourself: would you trust Mr. Belcher to manage your hard-earned money? Why should Maine State employees be forced to hand over their hard-earned money to Belcher?