National Right to Work Foundation Files Brief Defending Law to Protect Teachers’ First Amendment Rights
Court of Appeals reviewing teacher union bosses’ lawsuit against Indiana law to ensure compliance with Foundation-won Janus 2018 Supreme Court precedent
Chicago, IL (July 24, 2023) – The National Right to Work Legal Defense Foundation has just submitted a brief at the Seventh Circuit Court of Appeals in Anderson Federation of Teachers, et al. v. Rokita, defending an Indiana Law that protects teachers’ First Amendment rights against a lawsuit brought by teacher union bosses. The case is an appeal of a District Court judge’s preliminary injunction issued at the behest of union lawyers to stop the bill from going into effect.
At the District Court, the Anderson Federation of Teachers challenged Indiana’s State Enrolled Act 251 and 297. Those Acts require written consent from teachers, including an acknowledgement of their constitutional right to refrain from financially supporting a union, before taxpayer-funded government payroll systems can be used to deduct union dues from teachers’ paychecks.
The U.S. Supreme Court recognized that employees have a First Amendment right to refrain from subsidizing union speech in the 2018 Janus v. AFSCME Supreme Court decision. That case was argued and won by National Right to Work Foundation staff attorneys.
In Janus, the Court ruled that forcing public sector workers to subsidize union activities as a condition of employment violates the First Amendment. The Court also held that no union dues or fees can be taken from a public worker’s wages without a knowing and intelligent waiver of that employee’s First Amendment right not to pay, and that such a waiver “cannot be presumed.”
The brief filed by National Right to Work attorneys defends the Indiana law and urges the Seventh Circuit Court of Appeals to overturn the injunction, arguing the lower court ruling made three critical errors in justifying its ruling.
“It is outrageous that teacher union bosses in Indiana apparently believe they are entitled to use taxpayer-funded payroll systems to seize money directly from teachers’ paychecks – without the State taking steps to ensure that those teachers’ constitutional rights are protected,” said Mark Mix, President of the National Right to Work Legal Defense Foundation. “Precedents in the Seventh Circuit and elsewhere make it clear that the injunction should be rejected, and this law should be allowed to take immediate effect.”
“It would be fully within the prerogative of Indiana lawmakers to ban union officials from deducting dues from government workers’ paychecks all together, or ban all monopoly bargaining to ensure individual teachers are not subjected to unwanted union so-called ‘representation,’” Mix continued. “If anything, Indiana teacher union bosses should count themselves lucky lawmakers have so far not been more proactive in protecting teachers’ First Amendment free speech and freedom of association rights.”
National Right to Work Foundation Issues Legal Notice to Yellow Trucking Employees as Teamsters Officials Threaten Strike
Are Top Teamster Bosses throwing Yellow drivers under the bus as part of their posturing for UPS strike threat?
Washington, DC (July 21, 2023) – Today, the National Right to Work Legal Defense Foundation issued a special legal notice to employees of trucking company Yellow in light of news reports indicating that Teamsters union officials have issued a strike notice. The Foundation’s legal notice is available at the Foundation’s website here: www.nrtw.org/Yellow.
The Foundation is the nation’s premier organization dedicated to defending workers’ legal rights from forced unionism abuses. Rank-and-file workers who are interested in continuing to work and providing for their families during a strike often contact the Foundation for free legal aid to avoid strike discipline, or to resist intimidation often perpetrated by union officials.
The notice alerts workers that a strike could commence as soon Monday, July 24, and reminds workers that they should “learn about [their] legal rights from independent sources.”
“You should not rely on what self-interested union officials tell you,” the notice reads.
Employees Have Right to Rebuff Union Strike Orders
The legal notice informs Yellow workers who want to work during a strike that they should submit resignations prior to returning to work, because doing so is the best way to avoid vindictive union fines and often union discipline. “Your resignation letter must be postmarked the day before you return to work, or hand-delivered before you actually return to work,” the notice reads. Sample union membership resignation letters are available on the Foundation’s website.
The notice also informs employees of their other rights to disaffiliate from the Teamsters union, including how to stop funding unwanted union activities.
“If you work in a state with Right to Work protections, you have a right to cut off all payments of dues and fees to the union if you don’t support its activities,” the notice reads. “If you do not work in a state with Right to Work protections, you at least have a right to opt-out of dues payments for union politics, and may be able to avoid other union financial support.”
Foundation Attorneys Have Won Many Cases for Workers Against Illegal Strike Coercion
The Foundation frequently provides free legal assistance to workers who want to exercise their right to work during a union boss-ordered strike. During the United Food and Commercial Workers (UFCW) union’s strike against supermarket chain King Soopers in 2022, Foundation-assisted workers successfully forced union officials to back off of thousands of dollars in illegal strike fine demands.
Foundation staff attorneys also made headlines across the country in 2001, when they won a monetary settlement for UPS employee and former Dallas Cowboys linebacker Rod Carter, a victim of union violence during the 1997 Teamsters union officials’ nationwide strike against UPS.
“Many Yellow employees are likely questioning whether the hardline stance of Teamsters President Sean O’Brien and other Teamsters bosses is really in Yellow employees’ best interest,” commented National Right to Work Legal Defense Foundation President Mark Mix. “As O’Brien himself has acknowledged on social media, a strike could result in Yellow folding and a loss of work for 22,000 truckers – workers that Teamsters chiefs claim to ‘represent.’”
“More likely than not, O’Brien and the bosses atop the Teamsters union are playing such games with Yellow workers’ livelihoods in order to maintain a façade of strength for upcoming contract talks with UPS management,” Mix continued. “Yellow truckers who oppose such gamesmanship and would prefer to continue to do their jobs in defiance of Teamsters bosses’ orders should read the Foundation’s legal notice for a full explanation of their rights, and are welcome to seek free Foundation legal aid if they encounter any obstacles to exercising their right to work.”
Overwhelming Majority of Union Kitchen Workers File Petition Seeking to Remove UFCW Union
Request for end of union so-called ‘representation’ comes amid contentious boycott and picket ordered by union officials against rank-and-file workers
Washington, DC (July 14, 2023) – Employees of five Union Kitchen Grocery locations in the Washington, DC, metro area have filed a petition seeking to end United Food and Commercial Workers (UFCW) Local 400’s monopoly bargaining power over workers. The employees submitted their decertification petition to the National Labor Relations Board (NLRB) Region 5 with free legal aid from the National Right to Work Legal Defense Foundation.
Union Kitchen employee Ashley Silva submitted a union decertification petition that was supported by the vast majority of her coworkers. Under NLRB rules, this should trigger an NLRB-administered decertification vote. Under federal labor law, it is illegal for employers to engage in monopoly bargaining that impacts the employment terms of all employees, even those opposed to unionization, with a minority union that lacks the support of a bare majority of workers.
With the petition now filed, the NLRB should now promptly schedule a secret ballot election so the workers can formally vote to end union officials’ power to impose a contract, including forced dues, on the workers.
Because the District of Columbia lacks Right to Work protections for its private sector workers, UFCW union officials have the power to enter into an agreement with Union Kitchen forcing Silva and her coworkers at the four DC locations to pay union dues or fees as a condition of keeping their jobs. In contrast, in Right to Work jurisdictions like those at Union Kitchen’s Northern Virginia location, union membership and financial support are strictly voluntary.
Silva and her coworkers’ effort comes amid union boss-ordered pickets and boycotts against Union Kitchen Grocery locations, which have inflamed tensions among workers and raised questions about union officials’ motives. In some instances, reportedly union picketers have endangered workers by blocking exits, requiring the intervention of police.
“The vast majority of the workers at Union Kitchen are sick and tired of the UFCW’s picketing, harassment of employees, and constant disruptions of our day-to-day work life,” Silva said. “If the union cares at all about what we want, they will respect our wishes and immediately disclaim their interest in representing workers who have overwhelmingly rejected them.”
Union Kitchen Effort Latest in Wave of Union Decertification Efforts Nationwide
Foundation attorneys are currently assisting workers nationwide in a number of high-profile decertification efforts. Most notably, Starbucks employees at locations in Buffalo, New York City, Pittsburgh, and Bloomington, MN, are seeking to remove the Starbucks Workers United (SBWU) union only one year after the union launched a highly-publicized campaign in an attempt to unionize the coffee chain.
In Miami, Foundation attorneys also recently aided XPO Logistics freight drivers in removing an unwanted Teamsters union from their facility. Teamsters bosses, including James Hoffa, considered the Miami XPO contract a breakthrough. Now those workers have rejected the Teamsters.
The NLRB’s data shows a unionized private sector worker is now far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021. However, union officials still have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unrelated or unverified charges against management.
“Disrupting a work environment with continuous pickets and boycotts is not what Union Kitchen Grocery employees want or need. The employees’ overwhelming support for a union decertification vote should send a strong message to UFCW union officials that they need to leave,” commented National Right to Work Foundation President Mark Mix. “Foundation attorneys will defend these employees in the exercise of their rights, and will oppose any attempts by UFCW officials to disenfranchise the Union Kitchen workers of their legal right to remove a union they so clearly want nothing to do with.”
Mall of America Starbucks Employees Join Rising Movement Seeking to Remove SBWU Union
Starbucks partners at Minneapolis location join the growing list of workers looking to decertify Starbucks “Workers United” union
Minneapolis, MN (July 14, 2023) – Rebecca Person, an employee of the first floor Mall of America Starbucks location outside Minneapolis, MN, has just submitted a petition to the National Labor Relations Board (NLRB) Region 18 that seek a vote to remove Starbucks Workers’ United (SBWU) union officials from their workplace. The Mall of America Starbucks is just the latest in a growing list of Starbucks locations where employees are seeking to oust union officials. Workers from locations in Manhattan, Pittsburgh, and Buffalo are also receiving free legal aid from National Right to Work Foundation staff attorneys in union decertification efforts.
The union decertification petition contains signatures from a majority of workers at the Mall of America location. The majority support for removing the union is far more than the 30% requirement by the National Labor Relations Act (NLRA) needed to trigger the NLRB to hold a decertification vote among the workers.
With the workers’ petition filed with the NLRB, the NLRB’s rules dictate that a secret ballot election should be promptly scheduled to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on the workers. Because Minnesota lacks Right to Work protections for its private sector workers, SBWU union officials have the power to enter into an agreement with Starbucks that would require Person and her coworkers to pay union dues or fees as a condition of keeping their jobs. Meanwhile, in Right to Work states, union membership and financial support are strictly voluntary.
Starbucks Workers Increasingly Seek to Vote out SBWU Union Officials
The Mall of America Starbucks workers are just the latest example of Starbucks workers seeking to exercise their right to vote out unwanted union officials. Foundation attorneys are currently assisting Starbucks employees in Manhattan, Buffalo, and Pittsburgh, in obtaining union decertification votes.
As with the New York and Pennsylvania locations, the SBWU union only came to power at the Mall of America Starbucks a little over a year ago – meaning workers began attempts to vote out SBWU nearly as soon as legally allowed. Federal labor law prevents workers from exercising their right to remove an unpopular union at least one year after installed.
A contributing factor to the growing worker dissatisfaction with SBWU union officials may be the controversial practice of “salting,” which involves union officials surreptitiously paying union agents to obtain jobs at non-union workplaces to agitate for union control. “Salts” generally hide their union-allied status from both managers and their coworkers, and may quickly depart the workplace once a union has been installed. The New York Post reported that one SBWU union agent was paid nearly $50,000 to “salt” a Buffalo Starbucks location, and concealed her affiliation from both her coworkers and Congress.
The push for decertification votes at Starbucks is part of a growing trend, with the NLRB’s data showing a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021. However, union officials still have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unrelated or unverified charges against management.
“The deceptive tactics SBWU officials took in gaining control of multiple Starbucks locations are finally coming back to haunt them,” commented National Right to Work Foundation President Mark Mix. “Starbucks partners nationwide are seeing how the union organizers, including those secretly paid by the union pretending to be genuine coworkers, manipulated them to do what is best for union bosses but not in the best interests of rank-and-file workers.”
“These Starbucks workers have joined others in taking the first step in exercising their rights to oust an unwanted union, and we call on SBWU union officials and the NLRB to respect the wishes of these workers who simply want a prompt decertification vote,” continued Mix. “The right of workers to oust a union that lacks majority support should not be subjugated to the interests of incumbent union bosses seeking to retain power against the wishes of rank-and-file workers.”
Pittsburgh Starbucks Workers Seek Vote to Remove Unwanted SBWU Union
Pittsburgh employees latest to join growing number of Starbucks employees seeking decertificiation votes to oust union
Pittsburgh, PA (July 13, 2023) – Employees at Pittsburgh’s Penn Center East Starbucks branch just submitted a petition to the National Labor Relations Board (NLRB), asking the federal agency to hold a vote at their workplace on whether to oust the Starbucks Workers United (SBWU) union. The employee who submitted the petition, Elizabeth Gulliford, is receiving free legal aid from National Right to Work Foundation staff attorneys.
The union decertification petition contains signatures from enough workers at the Penn Center East coffee shop to trigger a vote under the NLRB’s rules. With the petition filed, the NLRB should now promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on the workers.
Because Pennsylvania lacks Right to Work protections for its private sector workers, SBWU union officials have the power to enter into agreement with Starbucks forcing Gulliford and her coworkers to pay union dues or fees as a condition of keeping their jobs. In contrast, in Right to Work states, union membership and financial support are strictly voluntary.
“SBWU union bosses have not looked out for the interests of me and my fellow employees,” commented Gulliford. “We simply want to exercise our right to vote out a union that we don’t believe has done a good job, and both SBWU and Starbucks should respect that right and our final decision.”
Starbucks Workers Increasingly Seek to Vote Out SBWU Union Officials
The Pittsburgh Starbucks workers are just the latest group of Starbucks workers seeking to exercise their right to vote out unwanted union officials. Foundation attorneys are currently assisting Starbucks employees in Manhattan, NY, and Buffalo, NY, in obtaining union decertification votes. As with the New York locations, the SBWU union only came to power at the Pittsburgh Starbucks about a year ago – meaning workers began attempts to vote out SBWU as soon as legally allowed. Federal labor law prevents workers from exercising their right to remove an unpopular union for at least one year after one is installed.
A contributing factor to the growing worker dissatisfaction with SBWU union officials may be the controversial practice of “salting,” which according to news reports is a tactic the SBWU union employed to install union power at New York Starbucks locations. “Salting” involves union officials surreptitiously paying union agents to obtain jobs at non-union workplaces to agitate for union control. “Salts” generally hide their union-allied status from both managers and their coworkers, and may quickly depart the workplace once a union has been installed. The New York Post reported that one SBWU union agent was paid nearly $50,000 to “salt” a Buffalo Starbucks location, and concealed her affiliation from both her coworkers and Congress.
Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021. However, union officials still have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unrelated or unverified charges against management.
“As more Starbucks workers seek to kick SBWU from their stores, the agenda of these union officials is becoming clearer and clearer,” commented National Right to Work Foundation President Mark Mix. “SBWU union officials sought to extend their power over as many Starbucks workers as they could through controversial tactics, all in pursuit of greater dues revenue and scoring political points. Meanwhile, workers’ interests were ignored completely.”
“While we are happy that the Starbucks workers are able to take their first steps in exercising their rights oust an unwanted union, we call on SBWU union officials not to attempt to block or otherwise interfere with the rank-and-file workers’ right to hold this vote,” continued Mix. “Union bosses should not be allowed to keep their grip on power simply by disenfranchising those they claim to ‘represent.’”
Dallas-Based Danone North America Employee Slams Union with Federal Charges for Illegally Seizing Money from Pay
Charge comes while employees seek vote to remove UFCW union from facility
Dallas, TX (July 11, 2023) – Alex Botello, a Dallas-based employee of food manufacturer Danone North America, has hit the United Food and Commercial Workers (UFCW) Local 540 union with federal charges after union officials illegally seized union dues from his paycheck. Botello filed his charges at Region 16 of the National Labor Relations Board (NLRB) in Dallas with free legal aid from the National Right to Work Legal Defense Foundation.
Botello’s charge says that UFCW bosses rebuffed or ignored his two attempts to revoke a dues checkoff authorization. Botello maintains that the union’s actions violate his rights under Section 7 of the National Labor Relations Act (NLRA), which is supposed to protect American private sector workers’ right to refrain from union activity.
Because Texas is a Right to Work state, UFCW union officials lack the legal authority to demand any money from Botello as a condition of employment. Right to Work laws provide more comprehensive protections than the NLRA by making union membership and all union dues payment strictly voluntary for private sector workers. In non-Right to Work states, in contrast, union officials can force workers to pay some union fees as a condition of getting or keeping a job.
Worker Followed Union Instructions to Stop Dues Deductions, But Union Continued to Take Money
Botello’s charge says that he first tried to stop dues deductions from his paycheck in October 2022. The UFCW rejected his request in a letter, which stated that his attempt was untimely and that he could only revoke his dues checkoff during a narrow union-created “window period” lasting from March 27, 2023, until April 11, 2023.
Botello resubmitted his revocation request on April 3, 2023, within the “window period” specified by the union. However, union dues did not stop coming out of his paycheck. “The Union’s failure to accept Charging Party’s timely revocation letter and immediately cease deducting dues violates the National Labor Relations Act,” reads Botello’s charge.
Workers Nationwide Battle Illegal UFCW Dues Schemes
Botello’s charge is just the latest Foundation-backed legal action that workers across the country have taken against UFCW union officials for illegal dues practices. Also in Texas, Houston Kroger employee Jessica Haefner is challenging UFCW Local 455 union officials’ collection of dues from her paycheck under the guise of a union card that was altered to show her consent to dues deductions she never agreed to. As in Botello’s case, Haefner followed union officials’ directions on how to end union dues deductions, but money continued to come out of her wages.
In Pennsylvania, Foundation attorneys represented Giant Eagle supermarket cashier Josiah Leonatti, who charged UFCW Local 1776KS union officials with refusing to accommodate his religious objections to union membership. His charges say union officials tried to subject him to an illegal “religion test” before they considered granting him an accommodation.
UFCW Officials Attempting to Remain in Power Despite Danone Employees’ Request for Union Decertification Vote
Separately, Botello and his coworkers submitted two petitions to the NLRB, asking the agency for a vote to remove, or “decertify,” the UFCW union. Botello submitted the first petition on August 29, 2022, but regional NLRB officials rejected the petition at UFCW bosses’ behest. NLRB officials claimed that a contract ratified by union bosses and management in 2019 would remain in effect until November 15, 2022. As per the NLRB’s non-statutory “contract bar” policy, union officials can block workers from exercising their right to vote them out of a workplace for up to three years after a contract is finalized.
Botello submitted the second petition after the 2019 union contract expired, based on the NLRB Region’s decision on the first petition finding that the 2019 contract was operative on August 29, the day that Botello submitted the first petition. However, regional NLRB officials blocked the second petition on the grounds that a more recent contract had actually been in effect since August 25. This is a contradiction to the regional NLRB decision blocking the first petition, as that decision rested on the conclusion that the 2019 contract was in effect on August 29, not the union’s August 25 contract.
Botello filed requests for review challenging the Region’s dismissals of both petitions. The NLRB granted Botello’s requests and directed Region 16 to take another look at these cases.
“The situation at the Dallas Danone plant illustrates how far UFCW union bosses, and in many instances NLRB officials, are willing to go to trap workers under union monopoly control and forced dues, even when there’s clear evidence that workers do not support them,” commented National Right to Work Foundation President Mark Mix. “Any worker under UFCW control who experiences similar infringements of their rights should not hesitate to reach out to the Foundation for free legal aid.”
National Right to Work Foundation Issues Legal Notice to UPS Employees as Nationwide Strike Looms
Notice provides important information to those who want to work during the strike
Washington, DC (July 10, 2023) – Today, the National Right to Work Legal Defense Foundation issued a special legal notice to employees of UPS in light of news reports indicating that Teamsters union officials are on the brink of issuing a nationwide strike order against the shipping giant. The legal notice is available at the Foundation’s website here: www.nrtw.org/UPS.
The Foundation is the nation’s premier organization dedicated to defending workers’ legal rights from forced unionism abuses. Rank-and-file workers who are interested in continuing to work and providing for their families during a strike often contact the Foundation for free legal aid to avoid strike discipline, or to resist intimidation often perpetrated by union officials.
“The Foundation wants you to learn about your legal rights from independent sources,” the notice reminds UPS workers. “You should not rely on what self-interested union officials tell you.”
Employees Have Right to Rebuff Union Strike Orders
The legal notice informs UPS workers who want to work during a strike that they should submit resignations prior to returning to work, because doing so is the best way to avoid union fines and vindictive union discipline. “Your resignation letter must be postmarked THE DAY BEFORE you return to work, or hand delivered BEFORE you actually return to work,” the notice reads. Sample union membership resignation letters are available on the Foundation’s website.
The notice also informs employees of other actions they can take to disaffiliate from the Teamsters union, including how to stop funding unwanted union activities.
“If you work in a state with Right to Work protections, you have a right to cut off all payments of dues and fees to the union if you don’t support its activities,” the notice reads. “If you do not work in a state with Right to Work protections, you at least have a right to opt-out of dues payments for union politics, and may be able to avoid other union financial support.”
Foundation Attorneys Have Won Many Cases for Workers Challenging Teamsters Coercion
The Foundation frequently provides free legal assistance to workers who are victims of coercion and even violence from Teamsters militants. Foundation staff attorneys made headlines across the country in 2001, when they won a monetary settlement for UPS employee and former Dallas Cowboys linebacker Rod Carter, a victim of union violence during the 1997 Teamsters union officials’ nationwide strike against UPS.
More recently, Foundation attorneys have aided several groups of workers in voting Teamsters officials out of power at their workplaces. Since 2021, Foundation attorneys have assisted at least five groups of XPO Logistics employees in decertifying unwanted Teamsters unions, including in Miami, FL, where truck drivers voted out the union despite Teamsters officials’ claims that the union’s contract at the Miami facility was a breakthrough.
Also in recent years, Foundation staff attorneys have won a series of victories for UPS workers challenging Teamsters union officials’ attempts to coerce workers into union membership or full dues payments. In one case brought by Foundation attorneys, the National Labor Relations Board ruled Teamsters officials “repeatedly and deliberately” engaged in illegal coercion against UPS workers, and ordered notification of thousands of workers affected by the Teamsters officials’ violations of federal law.
“UPS employees across the country will undoubtedly have very reasonable concerns about whether Teamsters officials’ sweeping strike order is really in workers’ best interests,” commented National Right to Work Legal Defense Foundation President Mark Mix.
“The fact is Teamsters bosses have a long history of pursuing their own agenda and what advances their interests with respect to internal union politics at all costs, even if it means tossing aside the well-being of the workers they claim to ‘represent,’” Mix continued. “Fortunately, UPS workers seeking to exercise their right to work despite Teamsters bosses’ strike order can turn to the National Right to Work Legal Defense Foundation for free legal assistance.”
“National Right to Work Foundation staff attorneys have a well-established track record of winning cases on behalf of workers, especially UPS workers, against Teamsters union bosses’ illegal tactics,” added Mix.
National Right to Work Foundation Issues Legal Notice to Wabtec Locomotive Manufactures Facing Union-Ordered Strike
Workers have legal protections if they choose to work to support their families during union-ordered strikes
Erie, PA (June 29, 2023) – Today, the National Right to Work Legal Defense Foundation issued a special legal notice to locomotive manufacturing employees at Westinghouse Air Brake Technologies Corporation (Wabtec). The notice informs Wabtec employees of their individual rights during the United Electrical, Radio and Machine Workers of America (UE) union-ordered strike currently taking place.
The legal notice is available at the Foundation’s website: https://www.nrtw.org/wabtec
The National Right to Work Foundation is the nation’s premier organization dedicated to defending workers whose rights have been violated by forced unionism abuses. “The Foundation wants you to learn about your legal rights from independent sources,” the notice says. “You should not rely on what self-interested union officials tell you.”
The Foundation’s notice informs workers who are union members of their right to resign from union membership at any time. The notice also suggests, if employees who are currently union members wish to work during the strike and avoid union discipline such as fines, they should resign their union membership before returning to work.
The legal notice informs Wabtec employees they “have the right to revoke [their] dues check-off authorization and stop allowing the union hierarchy to collect money from [their] paycheck every week. [They] can send letters to the union and [their] employer revoking [their] authorization to have union dues deducted from [their] paycheck during periods when there is no collective bargaining agreement in effect.”
“Decades of experience assisting workers has shown us that all too often strikes are about protecting the power of union bosses and not what is really best for rank-and-file workers,” commented National Right to Work Legal Defense Foundation President Mark Mix. “Unfortunately union misinformation and intimidation tactics are all too common during union boss-ordered strikes, which is why Wabtec employees must be on alert and should immediately contact the Foundation for free legal aid if they believe union officials may be violating their legal rights.”
Majority of Miami XPO Logistics Employees Vote to Oust Teamsters Union
Miami employees’ union decertification vote follows several other recent votes by XPO Logistics employees across country to remove Teamsters union officials
Miami, FL (June 27, 2023) – Martin Garcia and his coworkers at XPO Logistics’ Hialeah, FL, location have voted to remove Teamsters Local 769 union officials from their workplace. Garcia and his colleagues received free legal assistance in their effort from National Right to Work Legal Defense Foundation staff attorneys.
Garcia filed a union decertification petition at National Labor Relations Board (NLRB) Region 12 on May 19, which contained the signatures of enough of his colleagues to prompt the NLRB to hold a union decertification vote. The NLRB held the vote among Garcia and his colleagues on June 21, in which a majority voted to end Teamsters officials’ monopoly bargaining control over the facility.
Workers often turn to the National Right to Work Foundation for free legal aid in exercising their right to vote out an unpopular union because the NLRB’s process for doing so is convoluted and prone to union boss gamesmanship. Because Garcia and his colleagues work in the Right to Work state of Florida, they had the freedom to refuse to pay dues or fees to the Teamsters union while it was imposing its one-size-fits-all “representation” over all workers. In non-Right to Work states, in contrast, workers can be forced to pay dues or fees to a union they oppose as a condition of getting or keeping a job, and a decertification vote is the only way to end both forced dues and union monopoly representation.
“Teamsters officials didn’t listen to us and didn’t represent our interests in the workplace,” Garcia said. “My coworkers and I decided that the best way forward was to vote them out, and we’re glad we could get legal aid from the National Right to Work Foundation in exercising our rights.”
XPO Logistics Workers Increasingly Seek to Escape Union Ranks with Foundation Aid
Garcia’s effort is just the most recent in a string of successful Foundation-backed union decertification efforts by XPO Logistics employees against Teamsters union officials. Recent victories include Teamsters decertifications in Cinnaminson, NJ, Los Angeles, CA, Albany, NY, and other XPO Logistics locations.
Most recently, Albany-based XPO Logistics truck driver William Chard submitted a union decertification petition backed by his coworkers in December 2022, seeking a vote to remove Teamsters Local 294 union officials. As opposed to sticking around and witnessing what would have likely been an embarrassing election loss, Local 294 officials filed paperwork ending their control over Chard and his coworkers just days after the petition’s filing.
Similarly, in October 2021, Teamsters Local 87 union officials avoided facing rejection from Juan Rivera and his coworkers at a Bakersfield, CA, XPO Logistics facility by disclaiming interest in the work unit shortly after Rivera filed a decertification petition. Because both Chard and Rivera hail from the non-Right to Work states of New York and California, decertification was the only way workers could remove both unwanted union “representation” and end union officials’ forced-dues demands.
“Teamsters officials have a well-earned reputation for seeking power, money, and political clout over looking out for employee interests, so it’s unsurprising to see so many workers seeking to exercise their rights to vote them out,” commented National Right to Work Foundation President Mark Mix. “But this trend goes even beyond the Teamsters, as employee attempts to decertify unions are spiking across the country.”
“Unfortunately, even as employees increasingly realize that their interests diverge from union boss agendas, Big Labor allies in the Biden Administration are seeking to make it harder than ever for workers to exercise their right to oust an unpopular union,” Mix added. “Foundation attorneys will continue to aid American workers in defending their individual rights, and will oppose attempts by Big Labor to rig the legal landscape against workers.”
