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?

 

17 Sep 2008

New Way to Support National Right to Work Foundation

Posted in Blog

With just the click of your mouse and a few key strokes, National Right to Work Foundation supporters can help the Foundation achieve its mission of providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses.

Right to Work supporters generously make tax-deductible contributions to the Foundation each year, and there are many more ways of giving. (After all, unlike the union bosses, we don’t, can’t, and wouldn’t dare force anyone to support us, but depend on the voluntary contributions of our generous supporters.)

Now with GoodSearch.com, you can supplement your support for the Foundation’s strategic legal program while you search online.

GoodSearch: You Search...We Give!

GoodSearch is a search engine powered by Yahoo. But unlike other search engines, GoodSearch contributes a portion of advertising revenue for each search to a charity of your choice. Make GoodSearch your default browser today, and make sure to select the National Right to Work Legal Defense Foundation as your designated charity. It’s easy, and since you are online anyway, just searching the Internet can help the Foundation defend the rights of victims of forced unionism.

You can even add a toolbar to your Internet browser to make things even easier.

It gets better. GoodSearch has also launched GoodShop.com, which is partnered with over 500 of the most popular online retailers such as Amazon.com, iTunes, and 1-800-flowers. The next time you’re planning on doing some online shopping, go to GoodShop.com, make sure the Foundation is the designated charity, and find the online store of your choice. Up to 30% of your purchase may go to supporting the cause of employee freedom. Using this service doesn’t cost you any extra — you pay the same prices you would if you went straight to the site.

It’s easy. It’s free to use. And you get to help vindicate employees’ rights doing two things you’re doing online anyway — searching and shopping.

We appreciate your continued support.

17 Sep 2008

Third Circuit Rejects Union Lawyers’ Attempt to Circumvent Privacy Law

Posted in Blog

Last week, the United States Court of Appeals for the Third Circuit rejected the appeal filed by union lawyers in Pichler v. UNITE (read the opinion here), which should result in union liability to pay a multi-million dollar damage award to employees.

The facts of the case are simple: UNITE operatives launched an organizing campaign against the Cintas Corporation, among others. As part of the campaign, UNITE operatives surveiled employee parking lots and recorded license plate numbers of parked cars (as well as cars entering and leaving). "Information brokers" then searched Department of Motor Vehicle records to obtain names and addresses corresponding to the cars.

Union organizers went to employees’ homes to pressure employees to sign union authorization cards intended to corral them into union ranks. By obtaining and using personal information from DMV records, UNITE operatives violated the federal Driver’s Privacy Protection Act (text here).

This appellate ruling clears the path for the payment of $2,500 plus possible punitive damages for each violation. If the lower court allows class-wide relief to the nearly 2,000 affected employees, friends, and families who had their DMV records illegally accessed, we’re talking tens of millions of dollars.

But court records indicate that another 12,000 or so individuals’ personal information was obtained in violation of the DPPA — and these people are entirely unaware of this invasion of their privacy. That’s why Foundation attorneys have asked the courts for the right to do a one-time mailing to these thousands of other victims. That case is currently before the Third Circuit as well (for more information, read our appellate and reply briefs).

If your personal information was obtained illegally, wouldn’t you want to know about it?

15 Sep 2008

Shut Up! AFL-CIO Bosses Have the Gall to Talk About Voting Rights

Posted in Blog

Laboring Away at the Institute points out this flagrant piece of hypocrisy from the AFL-CIO blog:

We have learned painfully that in this third century of our republic, we cannot take our right to vote for granted. We have to defend it. There are people in our political system who think that voting is a privilege reserved for those like themselves, that it is fair and right to confuse and intimidate people into not voting.

So Big Labor thinks voting is a privilege and should be free from confusion and intimidation? Hmmm… Except when union organizers unrelentingly pressure or mislead workers into signing "union authorization cards" so that workers are denied access to the less-abusive secret ballot election process. Except when union bosses decide to spend forced dues on radical politics. The list goes on and on…

12 Sep 2008

Mediation Board’s “Card Check” Promotion Proposal Yanked… For Now

Posted in Blog

Last week we reported on an attempt by National Media Board (NMB) bureaucrats to reposition the agency as a promoter of coercive "card check" union organizing. The NMB is a federal bureaucracy whose purpose is supposedly to, among other things, “to promote… the effectuation of employee rights of self-organization where a representation dispute exists…” within the railroad and airline industries.

Today we learn via the Daily Labor Report that the NMB’s proposal has been yanked, at least for now. The move is a victory for the National Right to Work Foundation, which opposed the changes:

National Right to Work Staff Attorney Glenn M. Taubman submitted opposing comments… regarding the sneaky changes proposed by the National Mediation Board. As Taubman points out, not interfering with “card check” practices is essentially providing a rubber stamp for more union boss interference, influence and coercion.

Taubman makes a forceful argument using historical fact and case law that having rules that allow “card check” undermine employee free choice. Taubman concludes that “all MNB rules, regulations and policies should mandate the secret-ballot election process and entirely forbid ‘card checks.’”

The full document can be downloaded here.

12 Sep 2008

Feds to Prosecute UAW Union Bosses for Blocking Job Promotions for Non-union Members

Posted in News Releases

Winston-Salem, NC (September 12, 2008) – National Right to Work Foundation attorneys persuaded federal labor board officials to prosecute union officials and High Point-based Thomas Built Buses for cooperating to deny non-union workers an important employment certification and the corresponding pay increase.

United Auto Workers (UAW) Local 5287 is the monopoly bargaining agent of employees at Thomas Built. With free legal aid from attorneys at the Foundation, Terry Bean filed unfair labor practice charges against Thomas Built and UAW officials with the National Labor Relations Board (NLRB) in Winston-Salem. Jamie Whitley filed similar charges against UAW Local 3520 and Cleveland-based Freightliner. Both companies are Daimler Trucks subsidiaries. The NLRB Regional Director’s investigation determined that the employees’ rights were violated.

Because North Carolina is a Right to Work state, UAW officials and the companies may not condition employment on the payment of any dues or fees to the union. Nonmembers like Bean and Whitley, however, must accept the union’s “representation”—whether or not they want it. It is illegal for the employees to represent themselves, but UAW officials have a legal duty to represent fairly all employees in the bargaining units, including nonmembers.

According to the NLRB’s complaint, the UAW Locals have acted in bad faith toward Bean, Whitley, and other similarly situated employees by making agreements with Thomas Built and Freightliner to deny nonmembers discriminatorily their “journeyman” certification and the corresponding pay increase but grant the certification and additional pay to union members with similar skill levels and classifications.

At Freightliner, a human resources manager told nonmember employees that they could only obtain journeyman certification and the corresponding pay increases by completing additional training requirements which do not apply to UAW members. Meanwhile, Local 5287 union officials told nonmember employees at Thomas Built that they could only achieve their rightfully earned employment certification and pay raises by joining the union.

As part of the remedy, the federal government is seeking back pay and other monetary awards with interest. A hearing is scheduled in Winston-Salem on October 27.

“These corrupt union locals have a long history of retaliation against non-union members, and it’s outrageous that management would itself participate in the illegality,” said Stefan Gleason, vice president of the National Right to Work Foundation.

11 Sep 2008

National Right to Work Foundation Launches Official Facebook Group

Posted in Blog

The National Right to Work Foundation has launched its official Facebook.com group. The group will help virally spread information about the Right to Work movement while keeping supporters up-to-date on the Foundation’s latest news and views. The latest press releases, blog posts, and YouTube videos can be found on the Facebook group’s profile page, while the discussion board allows group members talk about current issues relating to compulsory unionism.

The group has already garnered the support of over 80 members in just a few days and the Foundation will randomly select ten of the first 200 group members to receive a free book — either “Power Grab: How the National Education Association is Betraying Our Children” by G. Gregory Moo or “Free Choice for Workers: A History of the Right to Work Movement” by George C. Leef.

The Foundation’s Facebook group can be found by the group name “National Right to Work”, under the group categories Organizations – Non-Profit Organizations, or here.

Join the National Right to Work Foundation’s Facebook group today for your chance to win a copy of “Power Grab” or “Free Choice for Workers”!  Also, tell your friends!