AFL-CIO Launches Sneak Attack on Nation’s Non-Union Railway and Airline Workers

National Right to Work opposes union officials’ quiet efforts to grease the skids to impose forced unionism at non-union workplaces

Washington, DC (November 3, 2009) – America’s preeminent workers’ rights advocacy organization raised the alarm about an under-the-radar attempt by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and 30 other unions to make a dramatic change to labor regulations, enabling union organizers to corral tens of thousands of non-union railway and airline industry workers into union membership.

Yesterday, the National Mediation Board (NMB), a government agency charged under the Railway Labor Act with mediating labor disputes within the railroad and airline industries, voted 2-1 to preliminarily support the controversial changes. The National Right to Work Legal Defense Foundation sent a letter objecting to the AFL-CIO union’s proposals and the NMB is requesting comments on the proposed changes. The Foundation will file formal comments in the coming days.

The AFL-CIO union bosses’ proposal urges the NMB to discard its policy of requiring a true majority of all workers within a collective bargaining unit to decide for themselves if they wish to be represented by a union – a 75-year-old precedent – and instead implement new procedures that require only a majority of workers actually voting in a union organizing election to make that decision for the whole group.

(Read the full press release)

Fort Jackson Security Guard Takes Courageous Stand Against Repeated Union Boss Threats and Abuses

National Labor Relations Board agents investigate charges after Right to Work Foundation attorneys join worker’s efforts

Columbia, South Carolina (October 30, 2009) – A local employee of Wackenhut Services, Inc, a security service provider contracted with Fort Jackson, is fighting back against compulsory unionism after union officials illegally attempted to have him fired from his job for refusing to pay forced union dues.

In September 2008, Ronald I. Paul filed unfair labor practice charges with the National Labor Relations Board (NLRB) challenging Wackenhut and International Union, Security, Police and Fire Professionals of America (SPFPA) and its affiliated Local 339 union bosses after Wackenhut fired him in August 2008 for refraining from formal, dues paying union membership. The charges were eventually settled in December of 2008 and Paul continued his employment.

Starting in May 2009, in violation of the settlement, the employer and SPFPA union officials issued new threats against Paul’s job.

(Read the full press release)

The National Institute for Labor Relations Research (NILRR) has released a telling study comparing Right to Work states with forced-unionism states in a variety of statistical categories. The statistics, provided by various governmental departments and agencies as well as respected non-profits, show the stunning economic and personal benefits families enjoy from their states' popular Right to Work laws.

The last five years of available data shows that workers in Right to Work states not only enjoy higher non-farm private-sector job growth (9.1% versus 3.6% from 2003-2008), but their real personal incomes are also growing faster (15.8% vs. 9.1% from 2003-2008) and they enjoy a higher disposable income ($34,878 vs. $32,811 in 2008) than their counterparts in forced unionism states.

Families in Right to Work states also benefit from lower taxes and are more likely to buy a home, send their children to college, and gain private, employment-based health insurance for parents and children alike.

While Right to Work is about employee freedom in the workplace, NILRR's analysis shows that rolling back coercive union power has undeniable economic benefits as well.

To view the full details of NILRR's report entitled "Right to Work States Benefit From Faster Growth, Higher Real Purchasing Power -- 2009 Update," click here.

The alarming trend of politicians forcing workers into union ranks continues in Illinois as Governor Pat Quinn -- in order to win Big Labor's political support -- is resurrecting the sordid legacy of disgraced Governor Rod Blagojevich (and Gray Davis of California) subverting workers' rights to benefit forced dues-hungry union bosses.

Quinn recently signed an executive order arbitrarily reclassifying state-reimbursed in-home health-care providers as state employees -- thereby opening them up to forced unionism under state law.  Service Employee International Union (SEIU) and American Federation of State, County and Municipal Employees (AFSCME) union organizers, armed by the state with the addresses of Illinois's nearly 3,500 in-home health-care providers, are competing to corral home health-care providers into compulsory union membership by going door-to-door to solicit support for their respective unions.

Pam Harris, a mother who stays home to take care of her son with special needs, was visited by two aggressive out-of-state SEIU organizers at her front door.  Understandably, Ms. Harris is worried that the Detroit-style labor relations that destroyed America's auto industry could also destroy her right to care for her son as she wants. (To say nothing of the union dues she will be forced to pay for the "privilege.")

Because she does not live in a state with Right to Work protections, if SEIU union bosses are successful in corralling all home health-care providers into forced dues membership, Ms. Harris will be forced to pay tribute to union bosses just to continue to take care of her own son -- even if she refrains from formal union membership.

However, as many Freedom@Work readers may already be aware, this is just the tip of the iceberg.

Just last month, National Right to Work President Mark Mix reiterated in the Wall Street Journal NRTW's previous warnings that union bosses are working to unionize the health-care industry and that under Obamacare, the very thing that is happening in Illinois will happen nationwide:

Following [the Davis/Blagojevich] playbook, pending government-run health care bills create a "personal care attendants workforce advisory panel" that will likely impose union affiliation on hundreds of thousands of folks like Ms. Harris to qualify for a newly created "community living assistance services and support (CLASS)" reimbursement plan.

Ms. Sebelius will be taking her marching orders from the numerous union officials who are guaranteed seats on the various federal panels (such as the personal care panel mentioned above) charged with recommending health-care policies. Big Labor will play a central role in directing federal health-care policy...

Last week, the pro-worker think tank National Institute for Labor Relations Research (NILRR) released a Fact Sheet entitled “Negative Employment Growth Since November 2001” that details how highly-unionized states are suffering a "lost decade" in terms of private-sector job growth, while the least-unionized states have benefited from a nearly 1.5 million private-sector job growth:

As of 2001, the year of the last national recession prior to the current one, 9.7% of private-sector employees nationwide were under “exclusive” union representation. But in 16 states – Alaska, Hawaii, Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, New Jersey, Nevada, New York, Ohio, Pennsylvania,. Washington, West Virginia and Wisconsin – 11.0% or more of private-sector workers were unionized.

From November 2001, the trough of the last recession, through June 2009, the most recent month for which non-preliminary, state-by-state payroll jobs data are available at this writing, these 16 heavily unionized states suffered an aggregate private-sector job loss of 990,000 – or 2.2% of their November 2001 total. Ten of the 16 states, or nearly two-thirds, had fewer private-sector jobs in June 2009 than they had had nearly eight years earlier.

...

The overall job losses in states with average private-sector unionization were far smaller than in heavily unionized states, and the 16 states which had private-sector unionization of 6.0% or less in 2001 actually gained jobs.

These low union-density states are: Arizona, Arkansas, Florida, Georgia, Louisiana, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and Virginia. They gained an aggregate of nearly 1.5 million private-sector jobs from November 2001 through June 2009. That constitutes a 4.5% increase.

Even with recent setbacks taken into account, fifteen of the 16, or 94%, of the lowest union-density states have experienced net job gains since November 2001.

Putting aside the inherent abuse of workers' rights, the data clearly indicates that job growth is negatively impacted by Big Labor's government-granted monopoly bargaining special privileges.  Yet NILRR's findings should come to no surprise to regular Freedom@Work readers, as we reported recently:

NILRR recently found an especially strong correlation between a state’s Right to Work status and its job growth, while employees in Right to Work states are benefiting from faster job growth and higher real purchasing power than their compulsory unionism counterparts.

History clearly demonstrates how union monopolists have hindered the creation of new jobs with costly operating procedures and wasteful work rules, especially during times of financial hardship.  Meanwhile, union bosses use their monopoly bargaining and other special forced-dues privileges to fill their political coffers while proliferating Big Government-mandated regulations on job providers and higher taxes on employers and employees alike. 

Employees File Federal Class Action Suit to Halt Abusive Mandatory Union Dues Scheme

Right to Work Foundation helps employees challenge national union’s illegal “annual objection” policy

Aberdeen, MD (September 21, 2009) – Today, two employees filed a class action federal suit challenging the International Association of Machinist and Aerospace Workers (IAM) union’s nationwide policy requiring employees to object year after year to paying union dues they cannot be lawfully forced to pay.

With free legal aid from the National Right to Work Foundation, Jacobs Technology Incorporated employees Rick Gorham and Robert Negosta are challenging the IAM union officials’ scheme intended to thwart non-union members’ legal rights to refrain from paying union dues for union electioneering and other non-bargaining activities. Foundation attorneys filed the complaint in Maryland’s U.S. District Court on behalf of the two employees and all of Jacobs Technology’s other similarly-situated employees.

In the Foundation-won Communication Workers of America v. Beck (1988), the U.S. Supreme Court held that union officials can lawfully compel nonmembers to pay union dues as a job condition, but not the part of dues spent for non-bargaining activities like political activism, lobbying, and member-only events. However, these limited rights have been difficult to enforce, as union officials often concoct illegal schemes such as these “annual objection” policies to burden or thwart employees from exercising their rights.

(Continue reading this news release...)

A Michigan man appears to have been fired recently from United Way of Saginaw County because he had the audacity to challenge the special legal privileges enjoyed by union bosses.  From Reporting Michigan. 

[Tim] Kelly claims [United Way of Saginaw County CEO Cherrie] Benchley told him during a meeting that his interview had been seen on television by officials with organized labor and they they would pull their funding from the Saginaw United Way if he wasn’t let go. Kelly said that discussion was held in front of another United Way employee.

...

In the interview with the local TV station,  Kelly is quoted as
saying about unions:  "I think they’ve outlived their usefulness, certainly here and across the country. … Unions used to be for the common man. Now we’ve got them set up as this special class that we no longer can afford."

Stifling dissent is standard operating procedure for the union bosses, though usually it's the employees they claim to "represent" who are fired for refusing to toe the union line. They do that using their extraordinary government-granted power to seize dues and fees from the paychecks of hardworking Americans -- one of the many special privileges union bullies rely upon to punish severely those who do nothing more than disagree with them.

In case you missed it, earlier this month the Washington Examiner reported that from 2005 to 2008, Big Labor's big money boys have funneled nearly $10 million from forced-dues-fueled union treasuries to the scandal-ridden Association of Community Organizers for Reform Now (popularly known as "ACORN") and its affiliates.

According to the report, leading the way is the scandal-plauged Service Employees International Union (SEIU), doling out a whopping $7.4 million; followed by the United Food and Commercial Workers (UFCW), the Longshore and Warehouse Union, the Communication Workers of America (CWA), and the National Education Association (NEA) unions. The Examiner also notes:

SEIU Locals 100 and 880 were listed as allied organizations on ACORN’s web site until The Examiner highlighted this connection.

LM-2’s show over $600,000 in contributions between these SEIU locals and other ACORN operations. A 2007 LM-2 form shows SEIU Local 880, which is active in Illinois and Minnesota, donated $60,118 to ACORN for "membership services." Organized labor has kicked it back in the form of gifts and grants to ACORN totaling $2.4 million, according to the disclosure forms.

ACORN activists have participated in highly aggressive, well-coordinated anti-corporate campaigns across the country unofficially called “Muscle for Money” funded by SEIU.

In other words, SEIU union kingpins shelled out top dollar for ACORN activists to conduct corporate shakedown campaigns, with tactics that include crashing business meetings and harassing company officials and their families at their own homes, to extract corporate donations and intimidate employers into accepting the Big Labor syndicate's compulsory unionism agenda (which prominently includes forcing the companies' workers into union ranks).

One must wonder if the workers who are "represented" by SEIU union bosses are even aware that their dues are funding a "mob-style 'protection' racket."

To learn about your rights, including your right to opt out of paying union dues which union bosses use on non-bargaining activities such as union politics, lobbying, and member-only events, please check out the Foundation's "Know Your Rights" page here.

As the current economic downturn continues, many states across the nation are starting to find it increasingly difficult to stay afloat after having capitulated to the union bosses' extortionate demands.  Last week, the Wall Street Journal cited the National Institute for Labor Relations Research (NILRR) -- an anti-compulsory unionism think tank that exposes the harm forced unionism inflicts on workers -- when discussing Big Labor's contribution toward the severe financial difficulties California, New York, and New Jersey are experiencing and the migration of workers leaving these forced-unionism states:

Powerful unions. Mr. Obama believes union power is a ticket to the middle class. The middle class is getting creamed in all three of these "progressive" states, where organized labor is king. The unionized share of the workforce is 20% in California, 19% in New Jersey and 27% in New York compared to 13% across the country. All three are non-right-to-work states, have super-minimum wage requirements and provide among the nation's most generous public-employee pensions.

Workers in these paradises are indeed uniting -- by leaving. New York ranks first, California second and New Jersey third in moving vans leaving the state. A study by the National Institute for Labor Relations Research found that over the past decade these and other high-union states (mostly in the Northeast) had one-third the job growth of states with low union penetration.

NILRR recently found an especially strong correlation between a state’s Right to Work status and its job growth, while employees in Right to Work states are benefiting from faster job growth and higher real purchasing power than their compulsory unionism counterparts.

Perhaps it's also worth revisiting a Wall Street Journal article penned late last year by National Right to Work President Mark Mix, reminding us that a massive expansion in forced unionism power played a key role in making the Great Depression longer and deeper.

On Thursday, National Right to Work Foundation attorneys asked the National Labor Relations Board's (NLRB) General Counsel to reinstate federal charges challenging a common and illegal union tactic in the entertainment industry.

Foundation attorneys are helping an independent contractor who occasionally works as a "daily hire" for ABC.

The monopoly bargaining contract between the National Association of Broadcast Employees and Technicians (NABET) union and ABC contains a forced-unionism clause mandating that "daily hires" join the union or pay so-called agency dues to the union "after twenty (20) days of employment in one year or thirty (30) days employment in two consecutive years."

But the National Labor Relations Act clearly states that union officials may only begin compelling the payment of dues after thirty days of actual employment, a so-called "grace period" from the unjust practice. But Brain Johnson, the independent contractor who filed the unfair labor practices charges, has never worked close to 30 days consecutively and is in fact a "daily hire" for the entertainment company.

As Foundation attorney W. James Young explains in the letter of appeal, NLRB precedent indicates that "an employee has a right to a new grace period when an employer rehired him unless the employee was delinquent in dues when previously employed by that employer." Because Johnson had never surpassed 30 days of employment with ABC, he could never have been delinquent, and thus the NABET union cannot force him to pay dues.

But the NLRB's Regional Director in New York refused to prosecute the union for misrepresenting his rights and obligations under federal labor law. Amazingly, the Regional Director even ignored NLRB precedent from her own region that held a similar forced-dues clause facially invalid.

Young urges the NLRB's General Counsel to reverse the Regional Director's outrageous and desperate attempt to back the union position in this case, sidestepping the core, and potentially far-sweeping issue in the case.

Click here to read the full text of the letter of appeal.