Top-Down Organizing 

Three Years Later, Workers Ask for Secret Ballot Vote After Obama Labor Board Kills Card Check Protections

News Release

Three Years Later, Workers Ask for Secret Ballot Vote After Obama Labor Board Kills Card Check Protections

NLRB's ruling removing workers' protection against card check unionization exposed as a farce

Houston, TX (August 12, 2014) – Three years after the National Labor Relations Board (NLRB) eliminated workers' right to challenge union card check recognition with a secret ballot vote, the very workers involved in that case have petitioned for an election to remove the unwanted union from their workplace.

In 2007, National Right to Work Foundation staff attorneys secured a new NLRB precedent in Dana Corp. which held that workers may collect signatures to request a secret ballot election during a 45-day window period following notice that their employer has recognized a union based on a card check organizing drive. The ruling was intended to counteract coercive practices frequently associated with card checks, which allow organizers to bully or mislead employees into signing cards that count as "votes" toward unionization.

In 2011, the Obama NLRB overturned the Dana precedent in Lamons Gasket.

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Chattanooga Volkswagen Workers File Federal Suit to Block Further Company and UAW Collusion

News Release

Chattanooga Volkswagen Workers File Federal Suit to Block Further Company and UAW Collusion

Workers rely on Foundation-won precedent establishing that union demands for organizing assistance can violate federal labor law

Washington, DC (March 13, 2014) – Employees at Volkswagen's Chattanooga, Tennessee facility have filed a federal lawsuit seeking to block further collusion between the company and the United Auto Workers (UAW) union should the National Labor Relations Board (NLRB) order a new unionization election at VW's Chattanooga plant.

With free legal assistance from National Right to Work Foundation staff attorneys, the workers filed the lawsuit in the U.S. District Court for the Eastern District of Tennessee.

After losing last month's unionization election, UAW union officials filed objections with the NLRB seeking to overturn the election results. Five VW workers represented by Right to Work Foundation attorneys then successfully moved to intervene in the UAW's challenge of the election results.

The new suit relies on Foundation-won precedent upheld by a federal appeals court that a Florida casino company's assistance to union officials during a card check unionization campaign could constitute "thing[s] of value" under the Labor Management Relations Act (LMRA).

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Foundation Requests Investigation of NLRB's Conduct in Chattanooga Volkswagen Case

News Release

Foundation Requests Investigation of NLRB's Conduct in Chattanooga Volkswagen Case

Leaked internal emails bring agency's impartiality further into question

Washington, DC (January 29, 2014) – National Right to Work Foundation staff attorneys, led by former National Labor Relations Board (NLRB) Member John Raudabaugh, have requested an official inquiry into the NLRB's conduct in adjudicating several Chattanooga Volkswagen America workers' charges against VW and the United Auto Worker (UAW) union during the on-going, highly-contentious UAW organizing campaign.

Foundation staff attorneys have asked the NLRB's Inspector General to investigate the agency's conduct during its processing of the workers' unfair labor practice charges that the NLRB Division of Advice instructed the NLRB Regional Director in Atlanta to dismiss.

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Supreme Court Dismisses Union-Backed Petition to Overturn Organizing Case

News Release

Supreme Court Dismisses Union-Backed Petition to Overturn Organizing Case

Right to Work Foundation-won Eleventh Circuit ruling stands, putting at risk backroom deals between companies and aggressive union organizers

Washington, DC (December 10, 2013) – Today, the United States Supreme Court announced that it "dismissed as improvidently granted" a union appeal of the Eleventh Circuit Court of Appeals' ruling in Mulhall v. UNITE HERE.

The order leaves intact a significant victory for National Right to Work Foundation staff attorneys and a Florida Mardi Gras Gaming employee in which the appeals court ruled that the company's organizing assistance to union officials could be unlawful "thing[s] of value." Consequently, as Jack Goldsmith, the Henry L. Shattuck Professor at Harvard Law School, today said about the Mulhall dismissal in a blog, "as long as CA11's decision stands, the specter of expensive and difficult litigation will hover over neutrality/bargaining agreements in many circuits, and will indeed chill the making of those agreements."

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Hospital Workers Win Federal Settlements Booting SEIU Officials from Area Hospital

News Release

Hospital Workers Win Federal Settlements Booting SEIU Officials from Area Hospital

200 nurses and ancillary employees freed from illegal SEIU forced dues power grab

Thousand Oaks, CA (October 21, 2013) – A group of Thousand Oaks Surgical Hospital (TOSH) nurses and support staff has won three federal settlements forcing two major healthcare unions and the hospital's parent company to stop illegally forcing them and their coworkers into unwanted union "representation."

The settlements come after three TOSH nurses and two support staff receiving free legal assistance from the National Right to Work Foundation filed federal charges with the National Labor Relations Board (NLRB).

In late November 2012, Hospital Corporation of America (HCA) Holdings, Inc.-owned Los Robles Hospital & Medical Center purchased TOSH. In late April 2013, Los Robles Hospital management suddenly announced that TOSH workers were "represented" by Service Employees International Union-United Healthcare Workers West (SEIU-UHW) and SEIU Local 121 RN union officials. Supposedly the workers had been "accreted" into a pre-existing Los Robles-SEIU monopoly bargaining unit.

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Eight Chattanooga Volkswagen Workers File Federal Charges Challenging UAW Card Check Scheme

News Release

Eight Chattanooga Volkswagen Workers File Federal Charges Challenging UAW Card Check Scheme

Demand for installing UAW union at VW based on cards collected through "unlawful means including misrepresentations, coercion, threats, and promises"

Chattanooga, TN (September 25, 2013) – Today, eight Chattanooga, Tennessee, Volkswagen AG (VOW.DE) workers filed federal charges against the United Auto Workers (UAW) union for misleading and coercing them and other workers to forfeit their rights in what is now a "card check" unionization drive by the UAW.

With free legal assistance from National Right to Work Foundation staff attorneys, the eight workers filed the charges with the National Labor Relations Board (NLRB) regional office in Atlanta.

After UAW union officials claimed to possess signature cards from a majority of workers, UAW union president Bob King demanded VW deny workers a secret ballot vote on unionization and instead unionize all workers on the basis of the unreliable and abuse-prone card check process.

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Right to Work Foundation Issues Special Legal Notice to Chattanooga Volkswagen Employees

News Release

Right to Work Foundation Issues Special Legal Notice to Chattanooga Volkswagen Employees

UAW union bosses target Volkswagen workers for unionization

Springfield, VA (September 5, 2013) – The National Right to Work Foundation has issued a special legal notice regarding Chattanooga, Tennessee Volkswagen AG (VOW.DE) workers targeted by United Auto Workers (UAW) union officials for unionization. The notice can be viewed here: http://www.nrtw.org/en/vw-chattanooga.

Recent media reports suggest that Volkswagen and UAW union officials are in talks about unionization of the VW workers at the Chattanooga plant. The Foundation's notice debunks UAW union boss Bob King's remarks that Volkswagen workers must unionize with the UAW union in order to discuss wages and working conditions with their employer. The notice also informs workers about what they can legally do if they oppose, or change their minds about their support of, the unionization scheme.

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Right to Work Foundation Announces Offer of Free Legal Aid to Chattanooga Volkswagen Employees

News Release

Right to Work Foundation Announces Offer of Free Legal Aid to Chattanooga Volkswagen Employees

Union and company are reportedly colluding to force workers into union ranks

Springfield, VA (April 1, 2013) – Mark Mix, President of the National Right to Work Foundation, has issued the following statement in response to recent media reports that United Auto Worker (UAW) union and Volkswagen AG (VOW.DE) officials are in talks to unionize the VW workers at the Chattanooga, Tennessee plant:

"Recent media reports suggest that UAW union officials are working to negotiate the workplace conditions of Volkswagen's Chattanooga employees even though the workers are not represented by the UAW union hierarchy.

"The National Right to Work Foundation has seen again and again the UAW union hierarchy pressure companies to cut backroom deals designed to push workers into union ranks whether the employees like it or not. For example, UAW officials vetoed pay increases and secretly pre-negotiated bargaining concessions at the expense of Freightliner workers in North and South Carolina in exchange for company assistance in unionizing the workers.

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