Foundation staff attorney, Ave Maria law professor, and former National Labor Relations Board (NLRB) Member John Raudabaugh has published his latest installment to the Foundation's "NLRB Watch" blog feature.

In "NLRB Watch" #8, titled "What the Noel Canning Decision Means for NLRB Cases," Raudabaugh charts what cases may be subject to challenge in the wake of the U.S. Court of Appeals for the District of Columbia's ruling last month invalidating President Barack Obama's controversial purported "recess appointments" to the Board. The court held President Obama could not constitutionality make those appointments without U.S. Senate confirmation because the Senate was not in recess. National Right to Work Foundation staff attorneys filed an amicus curiae brief jointly with the Landmark Legal Foundation in the case.

As a result of the court's ruling, since at least January 3, 2012, the Board has lacked a quorum as required by a U.S. Supreme Court precedent established in 2010, thus invalidating the Board's rulings since that time. Click here to see a chart displaying the many cases invalidated by the court's decision in Noel Canning.

Click here to read other posts located at the "NLRB Watch" page. And be sure to follow the National Right to Work Foundation on Facebook and Twitter to get alerts on new "NLRB Watch" posts!

Federal Appeals Court Strikes Down NLRB Rule to Push More Workers into Union Ranks

Right to Work Foundation fights Labor Board's decision to promote monopoly unionism in virtually every workplace in America

Washington, DC (May 7, 2013) – Today, the U.S. Court of Appeals for the District of Columbia struck down the National Labor Relations Board's (NLRB) controversial new rule requiring virtually every private-sector employer in the country to post one-sided information about employee rights online and in the workplace, even if the employer had never been accused of unfair labor practices.

Mark Mix, President of the National Right to Work Foundation, made the following statement in the wake of the ruling:

"National Right to Work Foundation attorneys argued that the NLRB had exceeded its authority granted by Congress.

"We are pleased that the D.C. Circuit has reined in one of the NLRB's more outrageous efforts to expand itself into a taxpayer-funded union organizing operation by holding that the federal agency cannot compel private entities to post pro-union messages in their workplaces.

"The NLRB's unprecedented actions infringed upon free speech and clearly exceeded the agency's statutory authority. This is a good day both for workers and all who value workplace independence and free speech."

Additional Caterpillar Workers File Federal Charges Against Machinist Union Hierarchy for Strike Fines

Union officials demand hundreds of thousands of dollars in strike fines from workers

Chicago, IL (April 1, 2013) – In the wake of last summer's Machinists union boss-instigated strike against Caterpillar (NYSE: CAT), 24 more Caterpillar workers have filed federal charges against a local Machinists union for violating their rights and levying retaliatory strike fines against them after they continued to work during the strike.

With free legal assistance from National Right to Work Foundation staff attorneys, the 24 workers filed their charges with the National Labor Relations Board (NLRB) regional office in Chicago. Foundation attorneys anticipate more charges will be filed for other Caterpillar workers at the facility.

On May 1, 2012, International Association of Machinists (IAM) District Lodge 851 union bosses ordered all of the over 800 Rockdale Caterpillar workers on strike. The 24 workers were among the over hundred workers who worked despite the IAM union boss demands.

Under federal law, workers who are not voluntary union members are exempt from the union hierarchy's constitution and bylaws and thus cannot be disciplined for continuing to work during a union boss-ordered strike.

However, IAM Local 851 union bosses recently levied fines totaling in the hundreds of thousands of dollars against the workers for continuing to work during the strike.

Click here to read the full release.

Local School Bus Drivers Slam the Brakes on Union Boss Rights Violations

Union officials threatened bus drivers: Join the union or be fired

Gresham, OR (March 25, 2013) – A group of local school bus drivers have won a federal settlement including back pay from a local union hierarchy after union officials illegally demanded they join the union or be fired.

The settlement stems from a federal charge six of the drivers filed with the National Labor Relations Board (NLRB) Regional Office in Seattle with free legal assistance from National Right to Work Foundation staff attorneys.

Oregon School Employees Association, American Federation of Teachers (AFT) Local 6732 union officials demanded that all drivers join the union and pay full union dues or face discharge.

Click here to read the full release.

Recently the United States Supreme Court rejected an appeal by Teamster union lawyers of a National Right to Work Foundation-won ruling against a local Teamster policy that discriminated against non union workers. Last year, the Tenth Circuit Court of Appeals slapped Teamster Local 523 with sanctions for filing a frivolous appeal in the case.


For more on the case and other developments in the Foundation's free legal aid program, watch the video below.

WVUH Employee's Persistence Finally Forces Union Bosses to Abide by Federal Settlement

Case shows why West Virginia's workers need Right to Work protections

Morgantown, WV (February 28, 2013) – A West Virginia University Hospital employee has finally received justice under a federal settlement after union officials failed to abide by the settlement for months.

With aid from the National Right to Work Foundation, Kimberly Wright filed a series of federal charges against a local union for refusing to honor her resignation from formal union membership, forcing her to pay full union dues against her will, and failing to provide the legally-required disclosure of how her forced dues are being spent.

Click here to read the full release.

Earlier this month, National Right to Work Foundation staff attorneys filed a petition in the U.S. Court of Appeals for the D.C. Circuit asking the court to order the National Labor Relations Board (NLRB) to suspend further action in a case that expanded union bosses' powers to charge nonmember workers for union political lobbying.

The petition was filed after the Board held that a union hierarchy could force nurses in Rhode Island to pay for union bosses' political lobbying, including lobbying in the state of Vermont.

Foundation attorneys filed the petition after the court ruled in January that President Barack Obama's controversial purported "recess appointments" to the Board are unconstitutional. The court held President Obama could not constitutionality make those appointments without U.S. Senate confirmation because the Senate was not in recess.

Today, the court ordered the NLRB to respond to the Foundation's petition within 30 days, and then allows Foundation attorneys to respond within 15 days after the NLRB responds.

The demand for briefing on the petition suggests the court's willingness to grant the writ of prohibition that would order the NLRB to cease and desist action on the Geary case. Stay tuned.

Local Cleaning Service Union Forced to Clean Up Its Act in Ongoing Federal Labor Dispute

Case underscores need for Massachusetts Right to Work law

Boston, MA (February 14, 2013) – Workers caught in a battle between a local union and Lynn-based Complete Cleaning, Inc. have won a federal settlement from the union after union officials illegally claimed to have monopoly bargaining privileges over the workers.

The settlement stems from federal unfair labor practice charges filed by Complete Cleaning worker Jairo Hernandez of Lynn against Service Employees International Union (SEIU) Local 615. Hernandez filed the charges with free legal assistance from National Right to Work Foundation staff attorneys.

SEIU Local 615 officials tried to claim monopoly bargaining privileges over Complete Cleaning's workers even though workers nearly unanimously oppose the union hierarchy in their workplace. Under federal law, it is illegal for a union to claim monopoly bargaining powers over a workplace without support of the employees.

Click here to read the full release.

Nurses Challenge Federal Agency's Attempt to Install Illegitimate Union

Union organizers' intimidation sways outcome of unionization election

Massillon, OH (February 12, 2013) – Two local nurses have filed a motion with the National Labor Relations Board (NLRB) seeking to intervene in a federal case in which the agency is attempting to force a union hierarchy's "representation" on the nurses in the wake of a tainted organizing election.

With free legal assistance from National Right to Work Foundation staff attorneys, Affinity Medical Center nurses Susan Kelley and Cinda Keener filed the motion last week.

National Nurses Organizing Committee (NNOC) union organizers and Affinity management entered into a "neutrality agreement" that gave union organizers preferential access to the facility, helping them to impose monopoly bargaining on the nurses. Company and union officials refused to disclose the terms of the secret agreement despite repeated requests from the nurses.

Additionally, non-employee union organizers stalked, reported on, and attempted to get company management to retaliate against nurses who exercised their rights to oppose the unionization of their workplace. Company officials, at the behest of NNOC union bosses, even made one of the nurses who opposed unionization document the activities of fellow nurses who campaigned against unionization.

Click here to read the full release.

Rhode Island School of Design Technician Wins Settlement from Local Teacher Union

Union officials refused to follow Supreme Court precedents

Providence, RI (February 4, 2013) – With free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, a Rhode Island School of Design (RISD) technician has won an informal settlement from a local union for violating his rights.

The settlement stems from a federal unfair labor practice charge Robert Vennerbeck of Providence filed with the National Labor Relations Board (NLRB) regional office in Boston against the RISD Technical Association union – an affiliate of the National Education Association (NEA) union.

Vennerbeck resigned formal union membership and revoked his union dues deduction authorization – a form used to take union dues from workers' paychecks. The U.S. Supreme Court has long held that workers have the right to refrain from full-dues-paying union membership. Because Rhode Island does not have Right to Work protections making union affiliation completely voluntary, workers who refrain from formal union membership may still be forced to pay part of union dues to keep their jobs. However, nonmember workers cannot be required to pay union dues spent for union political activities and member-only events.

Vennerbeck charged that union officials refused to follow federal disclosure requirements outlined under Supreme Court precedent despite Vennerbeck's repeated requests.

Click here to read the full release.