Indiana 

Indiana Supreme Court Strikes Down Third Union Boss Challenge to State Right to Work Law

News Release

Indiana Supreme Court Strikes Down Third Union Boss Challenge to State Right to Work Law

Hoosier workers contested spurious union challenge

Indianapolis, IN (December 17, 2014) – The Indiana Supreme Court today once again rejected a union boss-backed challenge to Indiana's 2012 Right to Work law. The case is a lawsuit filed by the United Steelworker (USW) union that makes a number of dubious claims in its challenge to the law, including the argument that unions have a right to force workers to pay for their unwanted services.

The Indiana Supreme Court overturned a lower court’s ruling. Early last month, the court also upheld the law as constitutional in a different case involving the same issues. And a broader challenge was rejected in September by the U.S. Court of Appeals for the Seventh Circuit.

Click here to read the full release.

Obama Labor Board Issues Ruling to Keep Workers in the Dark after Sitting on Case for Over Six Years

News Release

Obama Labor Board Issues Ruling to Keep Workers in the Dark after Sitting on Case for Over Six Years

Obama NLRB once again ignores federal court precedent to benefit union bosses

Washington, DC (September 24, 2014) – After sitting on a case for more than six years, President Obama's National Labor Relations Board (NLRB) faces federal court scrutiny once again after it issued a ruling that denies long-held federal protections for workers and allows union bosses to keep workers in the dark about their rights.

With free legal assistance from National Right to Work Foundation staff attorneys, a former Crawfordsville, Indiana Kroger worker on September 22 asked the U.S. Court of Appeals for the D.C. Circuit to review the NLRB's decision in her case.

In December 2004, Kroger hired Laura Sands. The next month, United Food & Commercial Workers (UFCW) International Union Local 700 officials sent Sands a membership application that failed to inform her of the percentage free reduction she would receive if she did not join the union and objected to paying for union activities unrelated to workplace bargaining.

Click here to read the full release.

Grocery Union Bosses Face Federal Charge for Violating Kroger Workers' Rights, Ignoring Right to Work Protections

News Release

Grocery Union Bosses Face Federal Charge for Violating Kroger Workers' Rights, Ignoring Right to Work Protections

UFCW bosses stonewall Fort Wayne grocery workers' attempts to cut off forced dues confiscations

Fort Wayne, IN (September 24, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, two Fort Wayne Kroger workers filed a federal charge Monday against a local grocery union for violating their rights.

Eleanor Haynes and Barbara Peter filed the unfair labor practice charge with the National Labor Relations Board (NLRB) against the United Food & Commercial Workers (UFCW) International Union Local 700 for ignoring their right to refrain from paying union dues.

Haynes and Peter resigned from the union and revoked their dues deduction authorizations -- a document used by union officials to automatically collect dues from workers' paychecks -- effective with the expiration of the union's contract with their employer. Under federal labor law, workers can unconditionally revoke their dues deduction authorizations when a contract between the union and their employer terminates.

Click here to read the full release.

Local Union Hit with Federal Charges for Blacklisting Construction Worker

News Release

Local Union Hit with Federal Charges for Blacklisting Construction Worker

Union officials discriminatorily obstruct worker from getting work based on lack of union membership

Evansville, IN (June 5, 2014) – An Industrial Contractors Skanska construction worker has filed federal charges against a local union and his employer for discriminating against him based on his lack of union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Michael Feist, a 15-year construction worker, filed the federal charges late last week with the National Labor Relations Board (NLRB).

In early April 2014, Feist was expelled from the Laborers' International Union of North America (LIUNA) Local 561 after Feist challenged the amount of dues going toward a union fund. Since then, LIUNA Local 561 union officials have refused Feist's attempts to remain current on his union dues payments.

LIUNA Local 561 union bosses instructed Skanska in April to exclude him from further work opportunities.

Click here to read the full release.

Indiana Workers File Brief in Support of State's Right to Work Law

News Release

Indiana Workers File Brief in Support of State's Right to Work Law

Hoosier citizens contest spurious union legal challenge

Crown Point, IN (January 14, 2014) – Two Indiana citizens have submitted an amicus curiae brief to defend Indiana's Right to Work law from a union legal challenge pending in state court.

The two workers, Douglas Richards and David Brubaker, filed the brief with free legal assistance from National Right to Work Foundation staff attorneys. The brief was filed together with the National Federation of Independent Business Small Business Legal Center.

The case is a lawsuit filed by the United Steelworker (USW) union that makes a number of dubious claims about Indiana's recently-enacted Right to Work law, including the argument that unions have a right to force workers to pay for their unwanted services.

Click here to read the full release.

Indiana Workers File Brief in Support of State's Right to Work Law

News Release

Indiana Workers File Brief in Support of State's Right to Work Law

Hoosier citizens contest spurious union legal challenge

Indianapolis, IN (December 20, 2013) – Two Indiana citizens, Julie Huffman and Michael Miller, have submitted an amicus curiae brief to defend Indiana's Right to Work law from a union legal challenge now before the Indiana Supreme Court.

Huffman and Miller filed the brief with free legal assistance from National Right to Work Foundation staff attorneys. The brief was filed together with the National Federation of Independent Business Small Business Legal Center.

The case is a lawsuit filed by International Union of Operating Engineers (IUOE) Local 150 officials that makes a number of dubious claims about Indiana's recently-enacted Right to Work law, including the argument that unions have a right to force workers to pay for their unwanted services.

Click here to read the full release.

Indiana Regional Medical Center Nurse Files Federal Charges Against Union and Hospital

News Release

Indiana Regional Medical Center Nurse Files Federal Charges Against Union and Hospital

Union officials threaten worker to join union or lose her job

Indiana, PA (December 4, 2013) – An Indiana Regional Medical Center nurse has filed a federal unfair labor practice charge against her employer and a local nurse union for violating her rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Joanna Smith of Clymer filed the charge with the National Labor Relations Board (NLRB).

Starting in August 2003, Smith worked as a per diem float nurse, a position subject to the representation of the Indiana Registered Nurses Association (IRNA) Local 5120 union hierarchy. In June 2011, Smith was moved to a patient advocate position, which was not under the union monopoly bargaining control. Then, in November 2012, Smith returned to a float nurse position.

In her charge against the union, Smith alleges that in September 2013, an IRNA Local 5120 union official illegally demanded that she join the union as a condition of her employment.

Click here to read the full release.

Local Unions Attempt to Circumvent Indiana’s Right to Work Law

News Release

Local Unions Attempt to Circumvent Indiana’s Right to Work Law

Union officials game system to collect union dues and fees despite Indiana’s popular Right to Work law

Indianapolis, IN (June 14, 2013) – In separate cases, two Indianapolis-area workers have filed charges against two local unions for violating their rights to refrain from union dues payments.

With free legal assistance from National Right to Work Foundation staff attorneys, the two workers filed federal unfair labor practice charges with the National Labor Relations Board (NLRB).

In one case, Indianapolis AT&T (NYSE: T) worker Joshua Sterrett resigned membership in the Communications Workers of America (CWA) Local 4900 union on January 21, 2013. Even though CWA Local 4900 union officials acknowledged Sterrett's union membership resignation on January 30, Sterrett alleges that union officials failed to tell him how he could timely revoke his dues deductions. As a result, he is forced to pay union fees for an additional year.

Click here to read the full release.

Teamster Union Faces Charges for Papering Over Indy Domtar Workers' Rights

News Release

Teamster Union Faces Charges for Papering Over Indy Domtar Workers' Rights

Union and company officials ignore Indiana's Right to Work law

Indianapolis, IN (May 15, 2013) – Six Indianapolis-area Domtar Paper Company (NYSE: UFS) workers have filed federal charges against a local Teamster union and the company for violating their right to refrain from dues-paying union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Broatus Lambert, Lawrence Langworth, Christopher McKay, Kenneth Rosenfeld, Kevin Schrader, and William Schwier filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

The six workers all exercised their right under Indiana's recently-enacted Right to Work law to refrain from membership and dues payments in the Teamster union-affiliated Graphic Communications International (GCI) Union, Local 17M. Under Indiana's Right to Work law, no worker can be required to pay union dues as a condition of employment.

Click here to read the full release.

FOUNDATION ACTION: Foundation Forms Task Force to Defend Michigan Right to Work Law

NOTE: This article is from the last issue of Foundation Action, our bi-monthly newsletter. You can sign up to receive a print edition of the newsletter here.


Foundation Forms Task Force to Defend Michigan Right to Work Law
Union officials plan to challenge law making union membership and dues payments voluntary
SPRINGFIELD, VA -– In December 2012, Michigan stunned political prognosticators by becoming the nation’s 24th state to pass Right to Work protections for its workers. And

as Michigan Governor Rick Snyder signed private sector and public sector Right to Work legislation into law, union officials and others had already announced their plans to file frivolous lawsuits designed to delay implementation of and hamstring the legislation in court.

Responding to these tactics, the National Right to Work Legal Defense Foundation immediately announced the creation of a special task force to defend Michigan’s newly-enacted Right to Work law.

“"Michigan’'s new Right to Work laws are a great advance for worker freedom, but union bosses won’t give up their special privileges without a fight,"” said Ray LaJeunesse, Vice President and Legal Director of the National Right to Work Foundation. "“Big Labor is already planning a vicious legal counterattack in state and federal court, which is why we need to be ready.”"

Just as Foundation Action went to press, to preempt union lawyers from getting an injunction from a friendly state court judge, Governor Snyder asked Michigan’s Supreme Court to render an advisory opinion on the constitutionality of the state’s new Right to Work laws. Foundation attorneys are preparing to file an amicus brief in that case for Michigan workers supporting the laws’ constitutionality.


Foundation attorneys ready to defend Right to Work

Fortunately for Michigan workers, Foundation attorneys have successfully defended several state Right to Work laws in the past.

Shortly after Indiana became the nation’s 23rd Right to Work state, United Steel Worker (USW) union bosses filed a lawsuit challenging the bill’s legality in state court.

Right to Work attorneys quickly responded by filing a brief opposing the union’s lawsuit for two workers who are employed at facilities unionized by USW operatives and are forced to pay union dues just to keep their jobs. Foundation attorneys attended oral argument on a motion to dismiss on October 16 and sent local counsel to a hearing in late January.


Cases highlight success of Foundation legal program

Moreover, Foundation attorneys defended Wisconsin’s recently-enacted public sector union reforms (including Right to Work protections for most Wisconsin public employees) in a federal appeals court (see page 3 of this issue of Foundation Action) for three Wisconsin civil servants. Foundation attorneys are also assisting three other Wisconsin public employees defending the reforms in two other cases, one pending in federal court, and another at the state’s appeals court.

Recent public polling reveals that a majority of Michiganders support the new Right to Work laws. Despite losing in the court of public opinion, Michigan union bosses are undeterred. Big Labor is predictably turning to the court system to delay or even roll back the state’s popular Right to Work laws in an effort to reclaim their force-dues powers.

"“Despite union lawyers’' attempts to strike down Right to Work laws wherever they are passed, their track record against our experienced Right to Work staff attorneys is far from stellar,”" explained LaJeunesse. “"But union bosses know all it takes is one friendly judge to temporarily block any restraint on their special government-granted power to compel workers to pay dues as a condition of employment."
”

"“That is why Foundation attorneys are are already preparing to defend Michigan’s new Right to Work laws from any frivolous union boss legal challenges,"” added LaJeunesse. “"Thanks to Foundation cases expanding worker freedom in state and federal court -- including numerous Supreme Court wins -- we’re confident of victory.”"


Terms of Web Site Use      Related Links: National Right to Work Committee | National Institute for Labor Relations Research

Copyright © 2010 National Right to Work Legal Defense Foundation
 National Right to Work Legal Defense and Education Foundation, Inc.
8001 Braddock Road / Springfield, Virginia 22160
(703) 321-8510 | (800) 336-3600 / (703) 321-9613 fax - general (703) 321-9319 fax - legal department