24 Mar 2017

Missouri Judge Strikes Down Ballot Language of 10 Union Boss Anti-Right to Work Amendments

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Ballot language rejected as “unfair and insufficient” was authorized as an eleventh-hour political kickback by former MO Secretary of State

St. Louis, MO (March 24, 2017) – National Right to Work Legal Defense Foundation President Mark Mix released the following statement regarding the Cole County, Missouri, Circuit Court’s decision in the case Hill v. Ashcroft:

“This ruling is an important step in defending Missouri’s recently-passed Right to Work protections for workers. Show Me State citizens overwhelmingly oppose giving union officials the power to have a worker fired solely for refusing to pay union dues or fees, which is why Big Labor is trying to be intentionally deceptive about their efforts to overturn the state’s new Right to Work law.”

In the case a group of Missouri citizens, with free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, challenged misleading ballot language put forth by union officials designed to overturn the state Right to Work law.

23 Mar 2017

AZ Fry’s Grocery Employees Win Federal Court Decision Overturning NLRB Ruling on Dues Deductions during Strike

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DC Circuit reverses NLRB ruling that allowed Arizona union bosses to deduct dues from non-member workers who revoked their deduction authorizations

Washington, DC (March 23, 2017) – Seven Phoenix-area Fry’s Food Stores employees have won a federal court decision in the DC Circuit Court of Appeals after United Food & Commercial Workers (UFCW) Local 99 union and company officials refused to honor their legal right to refrain from union dues payments.

With free legal assistance from National Right to Work Foundation staff attorneys, Shirley Jones of Mesa; Karen Medley and Elaine Brown of Apache Junction; Kimberly Stewart and Saloomeh Hardy of Queen Creek; and Tommy and Janette Fuentes of Florence – acting for almost 800 similarly situated employees – filed federal unfair labor practice charges in December 2009 that spurred the National Labor Relations Board (NLRB) to investigate and issue a statewide complaint against Fry’s Foods and UFCW Local 99 union officials.

In the midst of a well-publicized UFCW Local 99 union boss-ordered strike in November 2009, the employees and almost 800 of their co-workers resigned their UFCW union memberships and revoked their dues deduction authorizations – documents used by union officials to automatically withhold dues from employee paychecks – while the UFCW union did not have a monopoly bargaining contract in effect at their workplaces. The workers’ charges argued that, despite the employees’ efforts to halt the dues seizures, Fry’s officials illegally continued to deduct dues from their paychecks, and UFCW union officials illegally continued to accept the seized monies.

Under Arizona’s popular Right to Work law, no worker can be required to join or pay any money to a union. Further, the National Labor Relations Act provides that dues deduction authorizations cannot be irrevocable “beyond the termination date of the applicable collective bargaining agreement.”

After a long investigation, the Phoenix NLRB regional director issued a formal complaint against UFCW Local 99 union officials for enforcing illegal dues deduction authorizations that do not allow employees to revoke them during contract hiatus periods, contrary to federal law. However, an NLRB Administrative Law Judge (ALJ) ruled for the union officials and rubberstamped the scheme.

The NLRB originally affirmed the ALJ’s ruling, but that decision was invalidated by the U.S. Supreme Court’s holding in Noel Canning that the Board lacked a valid quorum after President Obama’s unconstitutional 2012 NLRB “recess appointments.” After Noel Canning, a Senate-confirmed NLRB issued another ruling backing the ALJ’s decision, and exonerating Fry’s Foods and Local 99 union bosses. National Right to Work Foundation staff attorneys then appealed the case to the DC Circuit Court of Appeals.

A three-judge panel of the Court of Appeals handed down its decision on March 21, vacating the NLRB ruling. All three judges rejected the NLRB lawyer’s arguments. Two judges sent the case back to the NLRB for a new decision because the Board did not explain how its decision could be squared with Board precedent that workers must have at least one opportunity to revoke their dues deduction authorizations when a contract expires. Judge Silberman dissented, arguing that the NLRB ruling should be reversed without a remand, because the “Board has engaged in a blatant attempt to rewrite a statute in which Congress spoke plainly” that employees have “a right to revoke at will upon termination of an agreement.”

“These workers have waited the better part of a decade for justice after UFCW bosses refused to respect their legal rights to resign from the union and stop payment of all dues during a union-instigated work stoppage,” said Mark Mix, President of the National Right to Work Foundation. “While it has taken a long time, this ruling is a step towards vindicating the hundreds of employees victimized first by UFCW union officials, then by an Obama NLRB that rubberstamped those abuses.”

21 Mar 2017

Worker Advocate Files Brief with Seventh Circuit Court of Appeals in Defense of Wisconsin Right to Work Law

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National Right to Work Foundation brief responds to Big Labor attempt to overturn longstanding Right to Work protections against forced union fees

Chicago, IL (March 21, 2017) – National Right to Work Legal Defense Foundation staff attorneys have filed a legal brief for six Wisconsin workers with the Seventh Circuit Court of Appeals in defense of Wisconsin’s Right to Work law. The brief was filed after union lawyers appealed a district court judge’s decision to dismiss a challenge by union officials to Wisconsin’s Right to Work law.

Union officials have asked that the lawsuit be heard before an en banc panel of Seventh Circuit Court of Appeals judges because a three judge panel on the same appeals court previously upheld Right to Work laws as constitutional in 2015 in a similar union boss challenge to Indiana’s Right to Work law. The attempt to have this en banc hearing is part of a nation-wide strategy by union officials to have Right to Work protections for workers struck down.

Union lawyers are claiming that Right to Work laws, which simply allow an individual to work without being forced to pay dues or fees to a union boss, should be overturned. First, union lawyers claim that they are constitutionally entitled to a portion of each worker’s paycheck. Second, union lawyers argue that despite decades of precedents to the contrary, section 14 (b) of the Taft-Hartley Act, which gives individual states the ability to pass Right to Work laws, was never intended to allow workers to stop paying union fees and should be completely reinterpreted.

Foundation staff attorneys argue in the workers’ brief that union bosses do not have a ‘constitutional right’ to a worker’s paycheck and that Section 14 (b) of the Taft-Hartley Act has been correctly interpreted for the past 70 years to allow states to pass Right to Work laws that prohibit any requirement that workers pay union fees as a condition of their employment. The brief further argues, to the extent that U.S. labor laws create a “taking” it is union bosses using the forced unionism provisions in federal law to seize mandatory union fees from workers without Right to Work protections.

Additionally, Foundation staff attorneys point out that the National Labor Relations Act compensates unions by granting them immense workplace power to impose one-size-fits-all union contracts on all employees – union and nonunion alike – in union-controlled bargaining units.

Right to Work laws have withstood intense legal scrutiny for over 60 years, having never been struck down by a federal court or state appellate court. Foundation staff attorneys have also defended newly-enacted Right to Work laws in Indiana, Michigan, Wisconsin, and West Virginia from various union legal challenges.

National Right to Work Foundation President Mark Mix commented, “It is outrageous that union officials are once again advancing this dubious legal theory that Right to Work protections that give workers choice over handing over a portion of their paycheck to a union somehow constitute an ‘illegal taking’ of union resources. Workers in non-Right to Work states are the ones having something taken from them. The Seventh Circuit should uphold Right to Work as constitutional as it did in 2015 and toss out this legal challenge.”

17 Mar 2017

Indiana Worker Hits Union Bosses with Federal Unfair Labor Practice Charges for Refusing to Follow the Law

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Union Officials Seize Union Dues Despite Worker’s Resignation

Indianapolis, IN (March 17, 2017) – With free legal assistance from National Right to Work Foundation staff attorneys, an Indiana worker has filed federal unfair labor practice (ULP) charges against the International Brotherhood of Teamsters Union Local 135 for continuing to deduct dues from his paycheck despite his resignation from formal union membership and revocation of his dues check-off authorization.

The worker, Allen Sizemore, works at Builders First Source in the lumberyard. In December 2016, Sizemore resigned his formal union membership and revoked his dues check-off authorization within the “window period” permitted by the union. In spite of this, Teamsters union bosses continue to accept dues deducted from Sizemore’s paycheck in clear violation of the National Labor Relations Act (NLRA).

Recently, the same union, IBT Local 135, was hit with federal charges for a similar action against another worker, Daryl Mitchell, also at Builders First Source. Indiana’s Right to Work law clearly provides that a worker has the right to resign and stop paying forced dues to a labor union, as does the NLRA in Right to Work states.

National Right to Work Foundation President Mark Mix commented, “It is maddening that Indiana union officials continue to illegally seize forced dues from a hard-working Hoosier they claim to ‘represent.’ No worker should be forced to jump through all these hoops just to exercise their rights under the law.”

Indiana became the 23rd Right to Work state to end union officials’ power to have a worker fired solely for refusing to pay union dues or fees in early 2012. Since then Michigan (2012), Wisconsin (2015), West Virginia (2016), Kentucky (2017) and Missouri (2017) have joined the ranks of states with Right to Work protections.

10 Mar 2017

Eleven Ridesharing Drivers File Federal Lawsuit to Block Seattle’s Forced Unionism Ordinance Targeting Uber & Lyft

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Lawsuit says scheme to impose Teamsters union on independent contractors violates drivers’ First Amendment rights & federal labor law

Seattle, WA (March 10, 2017) – Today, eleven independent drivers are filing a federal lawsuit to block the Seattle City Council’s controversial ordinance designed to impose forced unionism on independent for-hire and ride-sharing drivers. These drivers use the popular Uber and Lyft apps to pick up customers. Dan Clark, lead plaintiff in the suit, is an independent driver who picks up riders through both Uber and Lyft.

The drivers are filing suit against the City of Seattle in the U.S. District Court for the Western District of Washington with free legal representation by staff attorneys from the National Right to Work Legal Defense Foundation and the Washington state-based Freedom Foundation. The drivers’ federal lawsuit argues that the Seattle ordinance is preempted by the National Labor Relations Act and that imposing union representation and forced dues on them violates their First Amendment rights of free speech and freedom of association.

Over 9,000 independent drivers in the Seattle area collect riders through the Uber and Lyft apps, accounting for tens of thousands of rides daily across the Emerald City area. Last week Teamsters union officials, who pushed for passage of the first-in-the-nation Seattle ordinance subjecting ride-sharing drivers to forced unionism, filed papers with the city formally declaring their intent to unionize drivers who work with Uber and Lyft, as well as Eastside Town Car and Limousine, LLC.

“Teamsters union bosses are attempting to impose their 1920s era forced unionism model on a 21st-century workforce,” said Mark Mix, President of the National Right to Work Legal Defense Foundation. “Polls consistently show Americans overwhelmingly oppose workers being forced to pay union dues or fees as a condition of working.”

“Expanding forced unionism to independent drivers is not only wrong, it is a violation of federal law and the First Amendment rights of drivers who never asked for and don’t want union officials’ so-called ‘representation,’” Mix continued. “Big Labor’s one-size-fits-all, top down model is the very antithesis of ride-sharing which attracts drivers by connecting them with consumers and providing them the freedom to decide when to work and through which app to find customers.”

Background: Teamster-Backed Seattle Law Attempts to Expand Forced Unionism to Ride-Sharing Independent Drivers

In 2015, the Seattle City Council passed an ordinance that targeted independent drivers, such as those who contract with Uber and Lyft, for compulsory unionization. The bill authorizes unionization through the coercive and unreliable card-check system as opposed to a secret ballot vote and allows union officials to make payment of union dues or fees mandatory, even for drivers who oppose union representation. Under ‘card check,’ cards solicited and collected from individuals by professional union organizers are counted as ‘votes’ for unionization, despite numerous examples of workers signing the cards as a result of being pressured, misled, threatened or even bribed.

The ordinance further mandates that companies turn over private personal contact information for drivers to union organizers, even for drivers who have shown no interest in unionization or actively oppose the union. In addition, should the Teamsters successfully “organize” drivers through a card check, city administrators are empowered to impose a union contract on the drivers and companies if an agreement isn’t reached within 90 days of the unionization certification.

The ordinance was passed by the Seattle City Council in September 2015 after heavy lobbying by Teamsters union officials who sought to take advantage of independent drivers and force them to pay dues to the union as a condition of picking up riders through the apps. Shortly after the bill was passed, the National Right to Work Foundation issued a special legal notice to Seattle independent driver contractors, notifying them of their rights and offering free legal aid. A number of concerned drivers then reached out to the Foundation for help.

After the bill became law in December 2015, the ordinance was put on hold until January 2017 while the Seattle Department of Finance and Administrative Services (FAS) finalized the unionization process. The final rule defines ‘qualifying drivers’ who are eligible to vote on unionization as drivers who have completed 52 rides beginning or ending in Seattle in the last 90 days, regardless of whether or not a driver wants anything to do with a union.

These so-called “qualifying drivers” will be the only drivers eligible to vote on union representation, despite the fact that all drivers who contract with these companies will be subject to the forced unionism terms. Effectively, Teamster cards collected from a small fraction of all drivers could result in the unionization of more than 9,000 drivers in Seattle, plus any future drivers.

On March 7, 2017, officials from Teamsters Union Local 117 filed a notice of their intent to unionize drivers associated with Uber and Lyft, as well as Eastside Town Car and Limousine, LLC. The three companies now have until April 2 to turn over to the union the personal contact information for the fraction of total drivers who are designated by the City as eligible to vote on unionization. These drivers are filing their lawsuit now because they have a limited window before their personal information will be forcibly delivered to union officials against their wishes.

To view a copy of the filed complaint please click here.

9 Mar 2017

New York City Preschool Teachers and Other Employees Vote to End Unwanted UFT Union ‘Representation’

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Birch Family Services Manhattan Early Childhood Center pre-K providers vote to remove the UFT from their school

New York City, NY (March 9, 2016) – Employees of the Birch Family Services Manhattan Early Childhood Center in Washington Heights, Manhattan have voted overwhelmingly to remove the United Federation of Teachers (UFT) union from their workplace and end the UFT’s designation as their monopoly bargaining representative.

Under the National Labor Relations Act, private-sector employees in unionized workplaces have the right to initiate a decertification election to remove a union. Recently, employees in the Birch Family Services Manhattan Early Childhood Center signed and submitted a decertification election petition to the National Labor Relations Board (NLRB). The employees who voted to remove the union included teachers, teachers’ aides, teaching assistants, nurses and other employees.

National Right to Work Legal Defense Foundation staff attorneys provided free legal advice to employees seeking to remove the union, including on how to navigate the often-complicated NLRB process for successfully getting a vote to remove the union officials as the school employees’ NLRB-designated monopoly bargaining representative, a process known as decertification.

Relying on that advice from Foundation staff attorneys, the employees collected signatures from their coworkers in support of the decertification vote and submitted the petition to the NLRB, resulting in a decertification vote that was held on February 28, 2017. At the end of the vote, the tally stood 37-15 in favor of decertifying the UFT and removing them from the workplace.

“The Foundation is committed to helping workers like these New York City preschool employees assert their right to remove union officials whom they feel are a detriment to their school and their students,” said Mark Mix, president of the National Right to Work Foundation. “Foundation staff attorneys stand ready to continue defend and protect these educators’ choice if there is union boss retaliation.”

National Right to Work Foundation staff attorneys are prepared to defend the workers’ choice should union officials attempt to overturn the results of the vote.

1 Mar 2017

Wisconsin Nuclear Plant Worker Hits Union Officials with Federal Charges for Retaliation and Discrimination

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Union officials ordered employee removed and banned from travel assignments for exercising rights under Wisconsin Right to Work law

Green Bay, WI (March 1, 2017) – With free legal representation by National Right to Work Foundation staff attorneys, a Wisconsin nuclear plant worker has filed federal unfair labor practice charges against his employer, NextEra Energy, IBEW Locals 204 and 2150, IBEW Local System Council U-4, and the Utility Workers Union of America (UWUA) Local 555 for illegal discrimination and retaliation in violation of the National Labor Relations Act.

Clifford Teeter of Augusta, Wisconsin, is employed by NextEra Energy at its Two Rivers facility as a Lead Auxiliary Operator. Currently, the workers at the Two Rivers facility are under NextEra’s union monopoly bargaining contract with the International Brotherhood of Electrical Workers (IBEW) Local 2150. NextEra also has an agreement with three other IBEW and UWUA union locals to allow NextEra management to send workers on temporary work assignments at NextEra plants in other states.

In July 2016, NextEra and IBEW Local 2150 sent out an email to Teeter and his co-workers asking for volunteers for a month long travel assignment at NextEra’s facility in Cedar Rapids, Iowa. Teeter volunteered for the assignment and was officially selected by NextEra for the assignment.

On September 12, Teeter notified NextEra and Local 2150 that he had resigned his formal union membership and revoked his dues checkoff authorization. Under federal law an employee can resign his formal union membership at any time, and it is illegal for union officials to retaliate against an employee for choosing to exercise this right. In addition, Right to Work laws in 28 states – including Wisconsin and Iowa – give employees the right to cut off all dues and fees to the union, leaving union membership and dues payment completely voluntary.

Soon after the resignation, Local 2150 officials informed Teeter that they were having NextEra remove him from the travel assignment because he was no longer a member in good standing with the Local. NextEra complied with the request, removing Teeter from the assignment and giving his spot to the next most senior union member.

Teeter was later informed by Local 2150 officials that he would only be eligible for future travel assignments if he rejoined the Local. Faced with this discrimination, Teeter reached out to the National Right to Work Legal Defense Foundation for free legal aid, and filed federal unfair labor practice charges against NextEra and the four unions involved in the agreement, with the help of Foundation staff attorneys.

The federal unfair labor practice charges allege that the resource sharing agreement discriminates against workers who choose to exercise their right to disassociate from a union. The discriminatory actions of NextEra and the associated union local officials deprived Teeter of overtime, incentive, and bonus pay, as well as other career opportunities that he would have earned by going on the travel assignment.

“Unfortunately, even in states like Wisconsin that have Right to Work protections, union bosses are willing to use any tactic, legal or illegal, to retaliate against workers who exercise their right to resign their membership and cut off dues payments to a union they do not support,” said Mark Mix, President of the National Right to Work Legal Defense Foundation. “Wisconsin’s Right to Work law is very clear: no worker can be punished for their choice to abstain from union membership. This case shows that vigilance is necessary to ensure that Right to Work protections for employees are vigorously enforced.”

Mr. Teeter’s case is one of many relating to Wisconsin’s Right to Work law, which was enacted in 2015. Foundation staff attorneys have submitted amicus briefs in federal and state court in response to union boss lawsuits attempting to overturn the Right to Work protections for Wisconsin employees. A federal judge upheld the law and the state lawsuit is pending. In addition, since Wisconsin enacted Right to Work, Foundation attorneys have filed 19 actions defending and enforcing Right to Work protections for workers, with 8 actions currently active.

1 Mar 2017

National Right to Work Foundation Staff Attorney Argues Case Before 7th Circuit Court of Appeals Challenging Forced Union Dues

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Janus v. AFSCME could be next U.S. Supreme Court case to decide constitutionality of mandatory union fees for public employees

Chicago, IL (March 1, 2017) – On Wednesday, the U.S. Court of Appeals for the Seventh Circuit will hear oral arguments in Janus v. AFSCME, a case challenging mandatory union fees paid by government workers in Illinois. This case builds on recent Supreme Court decisions Knox v. SEIU (2012) and Harris v. Quinn (2014), both of which were won by National Right to Work Legal Defense Foundation staff attorneys.

In Janus, the plaintiffs are two Illinois government employees who are represented by staff attorneys from the National Right to Work Legal Defense Foundation and the Liberty Justice Center.

Under Illinois law, union officials are empowered to require government employees to pay money to a union as a condition of employment. Although state employees aren’t forced to be full-fledged union members, they are required to pay mandatory dues or fees to a union or be fired. This lawsuit seeks to end that practice on the grounds that these fees violate the plaintiffs’ First Amendment rights.

A victory for the Janus plaintiffs would impact millions of government employees who currently can be fired for refusing to pay dues or fees to union officials. The National Right to Work Foundation currently has seven cases across the country on behalf of public employees seeking a ruling that mandatory union fees violate the First Amendment, with Janus most likely to reach the U.S. Supreme Court first.

In 2016, because of the untimely death of Justice Antonin Scalia, the High Court split 4-4 in Friedrichs v. California Teachers Association, a case that would have also ended forced dues for public employees. A new justice will be the deciding vote should Janus or another case presenting the issue be taken up by the Supreme Court.

National Right to Work Foundation President Mark Mix commented, “Hopefully the Seventh Circuit will rule quickly so the case can go to the Supreme Court, which should uphold the First Amendment by ending the injustice of forcing public employees to pay tribute to union bosses as a condition of working for their own government.”

27 Feb 2017

Homecare Providers Coast to Coast Challenge Force Unionism Schemes

Check out this article from the January/February 2017 newsletter. To read the full newsletter and to sign up for your free copy, please click here.

Numerous Foundation cases seek to enforce and build on landmark Harris Supreme Court victory

Washington, DC – In 2014, Foundation staff attorneys argued the case Harris v. Quinn before the US Supreme Court, which chose to strike down the SEIU’s illegal forced dues scheme in Illinois. The opinion of the court stated that individuals who receive state subsidies based on their clientele cannot be forced to pay compulsory union fees.

While the Supreme Court’s decision was clear, unsurprisingly union officials have not willing complied with the precedent. This has impacted the rights of homecare and childcare providers in dozens of states. In order to force unions to comply with the law, a number of cases are being litigated by National Right to Work Foundation staff attorneys on behalf of providers across the nation, including in Oregon, Washington, New York and Illinois.

Pacific Northwest Providers Challenge Union Schemes

Coordinating with the Freedom Foundation, Foundation staff attorneys recently filed suit in the federal courts of Oregon and Washington for homecare providers who are being forced to pay dues to the SEIU in defiance of the Harris decision.

In these cases, the respective SEIU local officials have refused to honor resignations from the union and have continued illegally deducting full union dues and fees from nonmember workers. The workers have named the union officials as defendants, as well as the states of Oregon and Washington due to government’s seizure of money on the union’s behalf from homecare providers, many of whom are family members voluntarily taking care of sick or disabled relations.

Among other rights violations, union bosses have deliberately obfuscated the resignation process in an effort to coerce more dues money out of homecare workers. Workers seeking to leave the union are being told that they can only resign during an arbitrary two week period that union officials seek to keep from the workers as a means of trapping them into paying dues for another year.

In both cases, the providers and their Foundation staff attorneys seek to reaffirm that providers have the right to cut off dues payment to the union at any time.

New York Childcare Ask Supreme Court to Review ‘Forced Representation’

After the Harris ruling struck down the Illinois scheme, Foundation attorneys have been applying that precedent to many similar cases. One of these cases is working its way through the courts on the opposite side of the country in New York. In 2007, disgraced former New York Governor Eliot Spitzer signed an executive order that named the Civil Service Employees Association Union as the monopoly bargaining power for thousands of childcare providers outside New York City.

Mary Jarvis, a NY home-based childcare provider, with the assistance of Foundation attorneys is challenging this illegal scheme in NY courts. Jarvis and her fellow plaintiffs are currently seeking a writ of certiorari, petition filed in early December 2016, to bring Jarvis v. CSEA before the US Supreme Court, arguing that forced unionism violates their first amendment rights of association.

Also in December, Foundation attorneys argued a similar case (Hill v. SEIU) before the Seventh Circuit Court of Appeals in Illinois. The lower court ruled that the state had the right to assign a monopoly bargaining representative to this class of worker, without any input or vote by these providers. Foundation staff attorneys argue that this arbitrary assignment of a “bargaining representative” to handle interactions between the government and the workers is unconstitutional. Under the First Amendment, citizens have the right to petition the government directly for the redress of grievances, and Foundation staff attorneys argue those protections are violated when the government imposes an unwanted representative to speak to the government on their behalf.

“Citizens have the power to select their political representation in government, not the other way around,” said Mark Mix, president of the National Right to Work Foundation. “These schemes, which forced home-based childcare providers, even grandmothers taking care of their grandchildren, into paying forced dues to union bosses are a slap in the face of the fundamental American principles we hold dear.”

22 Feb 2017

NLRB Issues Complaint Against Teamsters Officials for Threats in Response to Campaign to End Forced Dues

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Teamsters Local 455 officials reprimanded again by the National Labor Relations Board for violating workers’ fundamental rights

Fort Morgan, CO (February, 22 2017) – The National Labor Relations Board (NLRB) has issued a complaint against the International Brotherhood of Teamsters Local 455 union for threatening workers with the loss of their benefits, discharge and a lawsuit because they circulated petitions to end forced union dues and remove the union’s business agents. The complaint was issued after NLRB investigators found merit to charges filed against the Teamsters Local 455 by National Right to Work Legal Defense Foundation staff attorneys for Francisco Manjarrez.

Late last year, Foundation staff attorneys assisted the worker in filing federal unfair labor practice charges against the union for threatening him for exercising his rights to circulate a deauthorization petition at his workplace. Under the National Labor Relations Act if a deauthorization petition gains the signatures of thirty percent of employees, the workers then get to vote to end union bosses’ power to require them to pay money to the union or be fired.

After Manjarrez refused to back down from circulating the petition, union officials threatened illegal retaliation against him and his co-workers who had signed the petition.

The charges against Teamsters Local 455 in November of 2016 came just weeks after the National Labor Relations Board (NLRB) issued a decision against the union for violating federal labor law by declining to help all workers under their monopoly bargaining control. The union was also charged with lying to workers that they would not be promoted or represented unless they paid full union dues or fees.

A hearing regarding the new charges against the union is scheduled for May 1 before a Regional National Labor Relations judge.

“It is outrageous that union officials threatened workers benefits and employment for simply expressing their rights under the law,” said National Right to Work Foundation President Mark Mix. “These particular union officials have a disturbing history of belittling and downright ignoring the rights of the very workers they claim to ‘represent.’ Colorado workers need Right to Work protections to help defend workers from this type of behavior.”