29 Dec 2008

Air Traffic Controller Union Officials Forced to Respect Rights of Nonunion Employees

Posted in News Releases

Harrisburg, PA (December 29, 2008) – With free legal assistance from the National Right to Work Foundation, four air traffic controllers have forced National Air Traffic Controllers Association (NATCA) union officials to halt their illegal forced union dues extraction methods.

The settlement is a result of unfair labor practice charges filed with the National Labor Relations Board (NLRB) by Foundation attorneys for the four controllers in September 2008. The unfair labor practice charges challenged the union officials’ confiscatory scheme of forcing nonmember employees to support financially union activities unrelated to collective bargaining, as well as their refusal to provide a legally required independent financial audit of forced-dues union expenditures. The charges also challenged the union hierarchy’s policy that forced nonunion employees to object annually to full, forced-dues paying union membership.

Finalized today, the settlement requires union officials to post public notices informing affected controllers of their right to refrain from formal, full dues-paying membership. The notice also rescinds the union’s onerous annual objection policy – a policy that requires nonunion members annually to inform union officials of their decision not to pay for union activities unrelated to collective bargaining – and commits union officials to providing employees with an audited financial breakdown of all organizational expenditures. The union hierarchy has also agreed to allow nonunion workers to challenge retroactively dues payments unrelated to workplace representation.

Under the Foundation-won precedent established in the Supreme Court case Communications Workers v. Beck, all private sector employees are entitled to refrain from formal, full dues-paying union membership. The Foundation’s Chicago Teachers Union v. Hudson Supreme Court victory also requires unions to provide employees with an independently-audited financial breakdown of all forced-dues union expenditures. The financial breakdown originally provided by NATCA officials was vague and did not include an independent audit.

“NATCA union officials kept the rank-and-file in the dark to keep the union’s forced dues gravy train going.” said Stefan Gleason, vice president of the National Right to Work Foundation. “Although we applaud the NLRB for reaching an equitable settlement, this type of abuse will remain all too common until Pennsylvania enacts a Right to Work law. Making union membership and dues payment completely voluntary is the only way to make union officials accountable.”

The NATCA union is an affiliate of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). Airport sites where NATCA officials enjoy monopoly bargaining privileges over private sector air traffic controllers include Bridgeport, Connecticut; Alton, Illinois; Marion, Illinois; Barnes, Massachusetts; Hyannis, Massachusetts; Worchester, Massachusetts; Middle River, Maryland; Lebanon Tower, New Hampshire; Ithaca, New York; Stewart, New York; Latrobe, Pennsylvania; Kenosha, Wisconsin, and Mosinee, Wisconsin.

29 Dec 2008

Appellate Court Errs by Blocking an Examination into UAW Backroom Deal as a Form of Labor Bribery

Posted in News Releases

National Right to Work Foundation Vice President Stefan Gleason made the following statement after the U.S. Court of Appeals upheld union lawyers’ motion to dismiss of the case challenging a corrupt quid-pro-quo organizing agreement reached by Freightliner and UAW union officials in North and South Carolina:

Regrettably, the court severely misread and misinterpreted the statute. "Things of value" as defined under numerous federal statutes have long been held by courts to include intangible or non-monetary benefits.

The Congressional intent of the statute was to prevent employers from inducing union officials to bargain away workers’ interests. That is exactly what was done here. Freightliner gave the UAW union officials organizing assistance that the court concedes is a "benefit" to the union. This benefit included preferred access to the employees, pro-union captive audience meetings on paid company time to solicit union authorization cards, employer silence, and an agreement that only the UAW would be able to recruit new dues payers without a secret ballot election.

These are most certainly "things of value" no matter how that term is defined — subjective value, objective value, monetary value, etc. In fact, unions spend millions of dollars on corporate campaigns to attack companies with the very goal of obtaining these valuable advantages.

In return, the UAW hierarchy agreed to pre-negotiated contract concessions, and even the cancelling of certain employee benefits at other facilities. All of this was done before the employees had shown any interest in having UAW union officials represent them.

At the motion to dismiss phase, the allegations of the complaint must be taken as true. Therefore, even under the appellate court’s holding that an ascertainable monetary value is required under 302, the U.S. District Court’s dismissal of the complaint should have been reversed and case remanded for fact finding as to monetary value, which can easily be established.

Apparently union officials think they are entitled to another exception in federal criminal rules and procedures.

The union-abused employees represented by National Right to Work Foundation attorneys are likely to ask for a rehearing en banc or petition to the U.S. Supreme Court to correct this miscarriage of justice.

The decision can be downloaded here. Background on the case can be found here.

23 Dec 2008

Workers at JCIM Grand Rapids Plant Seek Ejection of UAW Union

Posted in News Releases

In Michigan, Foundation staff attorneys are providing legal aid to Johnson Controls (JCIM) Grand Rapids employees who want the UAW union hierarchy removed as the monopoly bargaining agent. Meanwhile UAW union organizers are attempting to force their way into JCIM’s Holland plant:

Grand Rapids, MI (December 23, 2008) – With free legal assistance from the National Right to Work Foundation, a Johnson Controls (JCIM) employee at the Talon Court facility in Kentwood has filed a decertification petition seeking an election to oust the United Auto Workers (UAW) union as the JCIM workers’ monopoly bargaining agent.

The development is another blow to the UAW union hierarchy which has taken a major public relations hit in recent months because of its role in driving the Big Three automakers to the brink of bankruptcy.

JCIM worker Dawn Lambert filed the decertification petition with the National Labor Relations Board (NLRB), which should conduct a secret-ballot election to determine whether or not a majority of the workforce wants to retain the UAW union as their monopoly bargaining agent. Under federal labor law governing the private sector, once the NLRB grants union officials monopoly bargaining status, it is illegal for any present or future employees – whether they are members of the union or not – to negotiate with their employer for themselves unless they can prove that the union hierarchy does not retain majority support.

Because a clear majority of the employees at the Talon Court facility in Kentwood have expressed their intent to remove the UAW, National Right to Work Foundation staff attorneys have also sent a letter to JCIM management demanding that they cease further contract negotiations and also withdraw recognition of what is now a minority union. Under the law, recognizing and negotiating with a union that does not have majority support is an unfair labor practice.

Read the rest of the Foundation’s press release here.

23 Dec 2008

Majority of Workers at JCIM Grand Rapids Plant Seek Ejection of UAW Union

Posted in News Releases

Grand Rapids, MI – With free legal assistance from the National Right to Work Foundation, a Johnson Controls (JCIM) employee at the Talon Court facility in Kentwood has filed a decertification petition seeking an election to oust the United Auto Workers (UAW) union as the JCIM workers’ monopoly bargaining agent.

The development is another blow to the UAW union hierarchy which has taken a major public relations hit in recent months because of its role in driving the Big Three automakers to the brink of bankruptcy.

JCIM worker Dawn Lambert filed the decertification petition with the National Labor Relations Board (NLRB), which should conduct a secret-ballot election to determine whether or not a majority of the workforce wants to retain the UAW union as their monopoly bargaining agent. Under federal labor law governing the private sector, once the NLRB grants union officials monopoly bargaining status, it is illegal for any present or future employees – whether they are members of the union or not – to negotiate with their employer for themselves unless they can prove that the union hierarchy does not retain majority support.

Because a clear majority of the employees at the Talon Court facility in Kentwood have expressed their intent to remove the UAW, National Right to Work Foundation staff attorneys have also sent a letter to JCIM management demanding that they cease further contract negotiations and also withdraw recognition of what is now a minority union. Under the law, recognizing and negotiating with a union that does not have majority support is an unfair labor practice.

The decertification drive against the UAW in Kentwood comes amidst a UAW campaign to unionize JCIM workers in nearby Holland. In Holland, UAW union bosses are pressuring JCIM to provide union organizers with access to company facilities and personal information about its employees, including their names, phone numbers, and home addresses.  Numerous employees at the JCIM Holland facility have responded by sending JCIM a letter asking that the company not release their personal information to the UAW union. To view a sample of the letter, click here.

Union bosses use this information to pressure employees to sign union authorization cards at work and at home. History shows that during “card check” campaigns union organizers frequently harass and even mislead workers into signing these cards. Once union officials collect signed cards from a majority of the workers, JCIM in Holland could be forced to recognize the union as the monopoly bargaining agent of all employees in the bargaining unit, even for those workers who would prefer to negotiate their own wages and working conditions based on their individual merit.

“Employees are apparently sick and tired of the UAW bosses’ role in fomenting conflict in the workplace, job losses, corruption, and Far Left political activism,” said Stefan Gleason, vice president of the National Right to Work Foundation.

18 Dec 2008

Statement: “Solis Nomination Slap in the Face to America’s Independent Minded Workers”

Posted in Blog, News Releases

The National Right to Work Committee has issued a statement on the announcement that Barack Obama intends to name Hilda Solis as the next Secretary of Labor. National Right to Work president Mark Mix had the following to say:

Obama’s appointment of Hilda Solis is very disturbing news for America’s independent-minded workers.

Congresswoman Solis is a die-hard forced unionism activist who apparently believes that all workers should be gathered into union collectives – whether they like it or not. Throughout her political career, she has unfailingly carried water for Big Labor and voted in favor of every forced unionism power grab that has come before her. In fact, she had a 100% voting record from the AFL-CIO, in support of their radical forced unionism agenda.

Hypocritically, she advocated for a secret ballot election in 2007 for the Congressional Hispanic Caucus elections, yet she cosponsored and voted for a bill (H.R. 800) to strip America’s workers of this same right, instead subjecting them to intimidation by union organizers when choosing whether to unionize.

She also cosponsored and voted for another bill (H.R. 980) that would have subjected every police officer, firefighter, and EMT in the country to Big Labor’s forced unionism regime.

The U.S. Department of Labor is not supposed to be the U.S. Department of Big Labor. The Labor secretary should be on the side of workers, not union bosses who seek to trample workers’ rights.

As Secretary of Labor, we fear she will gut the Office of Labor Management Standards, the one division of the agency that works to root out corruption and make unions accountable to workers. Her track record indicates that she will allow the AFL-CIO to use all the tools of the Department of Labor to pressure companies until they hand over their employees to forced unionization.

This appears to be the first in a long line of paybacks that Big Labor expects from President Barack Obama.

You can download the entire statement here.

17 Dec 2008

Washington State Appeals Court Upholds Teachers’ Right to Restitution for Dues Illegally Spent By WEA Union Officials

Posted in News Releases

News Release

Washington State Appeals Court Upholds Teachers’ Right to Restitution for Dues Illegally Spent By WEA Union Officials

After securing U.S. Supreme Court victory, National Right to Work attorneys pick up the pieces of an otherwise impotent campaign finance regulation

Seattle, WA (December 17, 2008) — A recent decision by a Washington State Court of Appeals, Division 2, has ruled union officials can be held liable for illegally spending teachers’ forced union dues under a now-effectively defunct campaign finance regulation.

The ruling means that thousands of Washington State teachers may receive restitution for the amount Washington Education Association (WEA) union officials illegally docked their paychecks to pay for union political expenditures. The ineffective campaign finance law at issue had been adopted in 1992 and has since been voided by the Washington State Legislature.

The teachers are receiving free legal aid from National Right to Work Foundation staff attorneys. In 2007, Foundation attorneys successfully brought the Davenport v. WEA case to the U.S. Supreme Court, which overturned an earlier Washington State Supreme Court decision using the campaign finance law to undermine the First Amendment. The state appeals court ruled Friday on a number of issues, including upholding the teachers’ tort claim for restitution and approving the certification of thousands of employees as a class.

Before it was gutted by amendment in 2007, the Washington law had required union officials to obtain the prior consent of nonunion public employees before spending their mandatory union dues on a small fraction of what the union actually spends on politics. According to an amicus brief filed by the Evergreen Freedom Foundation, the amount of political expenditures actually covered by the law was “miniscule… less than one quarter of one percent of the WEA’s total expenditures.” However, in striking down the law, the state Supreme Court had erroneously found a constitutional “right” for union officials to spend the money of non-union employees who are compelled to pay union dues as a condition of employment.

(Continue reading this news release…)

17 Dec 2008

Washington State Appeals Court Upholds Teachers’ Right to Restitution for Dues Illegally Spent By WEA Union Officials

Posted in News Releases

Seattle, WA (December 17, 2008) — A recent decision by a Washington State Court of Appeals, Division 2, has ruled union officials can be held liable for illegally spending teachers’ forced union dues under a now-effectively defunct campaign finance regulation.

The ruling means that thousands of Washington State teachers may receive restitution for the amount Washington Education Association (WEA) union officials illegally docked their paychecks to pay for union political expenditures. The ineffective campaign finance law at issue had been adopted in 1992 and has since been voided by the Washington State Legislature.

The teachers are receiving free legal aid from National Right to Work Foundation staff attorneys. In 2007, Foundation attorneys successfully brought the Davenport v. WEA case to the U.S. Supreme Court, which overturned an earlier Washington State Supreme Court decision using the campaign finance law to undermine the First Amendment. The state appeals court ruled Friday on a number of issues, including upholding the teachers’ tort claim for restitution and approving the certification of thousands of employees as a class.

Before it was gutted by amendment in 2007, the Washington law had required union officials to obtain the prior consent of nonunion public employees before spending their mandatory union dues on a small fraction of what the union actually spends on politics. According to an amicus brief filed by the Evergreen Freedom Foundation, the amount of political expenditures actually covered by the law was “miniscule… less than one quarter of one percent of the WEA’s total expenditures.” However, in striking down the law, the state Supreme Court had erroneously found a constitutional “right” for union officials to spend the money of non-union employees who are compelled to pay union dues as a condition of employment.

“Ineffective ‘paycheck protection’ campaign finance laws such as this have unfortunately opened a Pandora’s Box, creating an opportunity for activist courts to award new privileges to union officials and even to jeopardize state Right to Work laws,” said Stefan Gleason, vice president of the National Right to Work Foundation. “While the underlying law was deeply flawed, the National Right to Work Foundation had a duty to limit the broader collateral damage done to employees’ rights by the state court’s response and to fight for the return of dues illegally seized under the now totally ineffective law.”

“Ultimately, Right to Work laws are the only way to protect workers from the misuse of their funds. By making membership and the payment of dues entirely voluntary, Right to Work laws allow employees to prevent the theft in the first place,” stated Gleason.

12 Dec 2008

Worker Advocate: How Dare You Threaten National Right to Work and Its Supporters on National TV, Mr. Gettelfinger!

Posted in News Releases

Washington, DC (December 12, 2008) – Mark Mix, President of the National Right to Work Legal Defense Foundation, made the following statement today in response to United Auto Workers (UAW) union president Ron Gettelfinger’s angry lashing out on national television at the legal foundation’s efforts to defend workers from forced unionism abuse:

"How dare you blame the current debacle in the automotive business on efforts to give workers the right to join or not join a union. These problems have been caused by the forced unionism stranglehold you currently enjoy.

"Make no mistake; you will never get your hands on the list of the National Right to Work Foundation’s contributors. Over the years, hundreds of thousands of generous Americans have helped our organization provide free legal aid to the employee victims of your forced unionism hierarchy. We will NEVER allow these folks to be put into harm’s way by making their identities known to your goons."

Ron Gettelfinger held a press conference aired today on various television networks in which he implied the union hierarchy’s problems result from external factors, rather than forced unionism that has brought the Big Three to its knees. "We’ve [sic] also up against National Right to Work Legal Defense Foundation who we don’t even know who they are, because we can’t find out who their contributors are," he announced.

Gettelfinger was referencing a 13-year legal battle by the UAW and 12 other international unions intended to force the National Right to Work Legal Defense Foundation to reveal the names and addresses of its contributors. During the litigation, union lawyers finally admitted they wanted to send the contributor list to local union chiefs all over the country. They wanted to make “discreet inquiries” about the contributors in their areas.

Ultimately this largest multi-union lawsuit in history ended in a loss for union lawyers, but not after lower courts had nearly thrown then-Foundation president Reed Larson in jail twice for defiance of court orders demanding release of the contributor list.

The Foundation’s support comes from all kinds of people — union members, nonunion employees, small business owners, charitable foundations and others. Many of them would be subjected to vicious retaliation if the union bosses could just learn their identities. Blacklisting, beatings, bombings, and arson are just a few of the tactics union “enforcers” use against those who oppose them.

12 Dec 2008

Worker Advocate: How Dare You Threaten National Right to Work and Its Supporters on National TV, UAW Boss Gettelfinger!

Posted in Blog, News Releases

Today UAW top boss Ron Gettelfinger lashed out at the National Right to Work Legal Defense Foundation by name during a press conference because it has been effective in defending workers from union abuse:

Foundation President Mark Mix issued the following statement in response to Gettelfinger:

Worker Advocate: How Dare You Threaten National Right to Work and Its Supporters on National TV, Mr. Gettelfinger!

Angry auto union boss blames voluntary unionism group for the auto industry’s problems, wants a list of the group’s financial backers

Washington, DC (December 12, 2008) – Mark Mix, President of the National Right to Work Legal Defense Foundation, made the following statement today in response to United Auto Workers (UAW) union president Ron Gettelfinger’s angry lashing out on national television at the legal foundation’s efforts to defend workers from forced unionism abuse:

"How dare you blame the current debacle in the automotive business on efforts to give workers the right to join or not join a union. These problems have been caused by the forced unionism stranglehold you currently enjoy.

"Make no mistake; you will never get your hands on the list of the National Right to Work Foundation’s contributors. Over the years, hundreds of thousands of generous Americans have helped our organization provide free legal aid to the employee victims of your forced unionism hierarchy. We will NEVER allow these folks to be put into harm’s way by making their identities known to your goons."

(Read the entire release here.)

 

4 Dec 2008

Coldwater Teacher Files Federal Suit Against Ohio Teacher Union Notorious for Religious Discrimination

Posted in News Releases

With free legal aid from National Right to Work Foundation staff attorneys, a fourth grade teacher from Ohio has filed a federal suit against Ohio’s largest teacher union for religious discrimination:

Columbus, OH (December 4, 2008) – A fourth grade teacher from the Coldwater Exempted Village School District has filed a federal suit against the state’s largest teacher union for forcing her to pay compulsory union fees to fund the union whose activities violate her religious faith.

National Right to Work Legal Defense Foundation attorneys, providing the teacher with free legal aid, filed the suit this week in the United States District Court for the Southern District of Ohio, Eastern Division.

Kathy Hart, an active member of the Catholic Church, has been a teacher in the Ohio public school system since August 1996. Because the public school she works in is unionized, she works under a collective bargaining agreement which forces her to pay compulsory union fees to the National Education Association (NEA) union and its state and local affiliates – the Ohio Education Association (OEA) union and the Coldwater Teachers Organization (CTO) union. Due to her faith, Hart objects to the unions’ positions on abortion and special rights for homosexuals.

Hart had asked that the union divert her compulsory fees to a charity, thereby accommodating her religious objections to supporting financially unions she believes to be involved in immoral activities.

Read the rest of the Foundation’s press release here.