unions 

Federal Appeals Court Strikes Down Obama Labor Board Recess Appointments

News Release

Federal Appeals Court Strikes Down Obama Labor Board Recess Appointments

Right to Work Foundation attorneys argued purported recess appointments were invalid because Senate was not in recess

Washington, DC (January 25, 2013) – Today, the U.S. Court of Appeals for the District of Columbia Circuit struck down President Barack Obama's controversial purported "recess appointments" to the National Labor Relations Board (NLRB).

National Right to Work Foundation staff attorneys filed an amicus curiae brief jointly with the Landmark Legal Foundation in the case, Noel Canning v. NLRB.

The brief was filed for four workers who are receiving free legal assistance from National Right to Work Foundation staff attorneys in cases pending before the Board.

Mark Mix, President of the National Right to Work Foundation, issued the following statement in light of the court's decision:

"Today, the court agreed with Foundation attorneys: Barack Obama's so-called recess appointments to the National Labor Relations Board clearly violate the U.S. Constitution. Because the U.S. Senate was not in recess the President could not make the appointments to the NLRB without Senate confirmation.

"As a result, the Board has lacked a quorum since January 3, 2012, and under a U.S. Supreme Court precedent established in 2010, the court's ruling invalidates the Board's biased and decidedly pro-Big Labor rulings since that time. The court's decision in Noel Canning is a victory for independent-minded workers who have received unjust treatment at the hands of the pro-Big Labor NLRB and will hopefully serve as a persuasive example to other federal courts deciding on the validity of Obama's purported recess appointments."

Click here to see the press release.

Federal Court Upholds Wisconsin Governor's Public-Sector Unionism Reforms

News Release

Federal Court Upholds Wisconsin Governor's Public-Sector Unionism Reforms

Workers asked court to uphold reform measure protecting most Badger State public workers from forced unionism

Chicago, IL (January 18, 2013) – Today, the U.S. Court of Appeals for the Seventh Circuit upheld all of Governor Scott Walker’s public-sector unionism reform measures, also known as "Act 10."

With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, three Wisconsin public employees moved to intervene in the lawsuit in favor of the law after lawyers from seven unions, led by the Wisconsin Education Association Council, challenged it in federal court. The three civil servants, Pleasant Prairie teacher Kristi Lacroix, Waukesha high school teacher Nathan Berish, and trust fund specialist at the Wisconsin Department of Employee Trust Funds Ricardo Cruz, were permitted to file amicus briefs in the district court.

Union lawyers sought to strike down the law’s annual union recertification requirements, ban on the use of taxpayer funded-payroll systems to collect union dues, new limits on the scope of what union officials can demand in contract negotiations, and a provision that granted most of Wisconsin’s public employees Right to Work protections.

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CVS Worker Files Federal Lawsuit Against Local Union

News Release

CVS Worker Files Federal Lawsuit Against Local Union

Union bosses spend nonmembers' forced dues on union organizing activities

Columbus, OH (November 29, 2012) – A Westerville CVS employee has filed a federal lawsuit against a local union for using his forced union dues for illegal expenditures.

Randall Thompson filed the lawsuit Monday in the U.S. District Court for the Southern District of Ohio with free legal assistance from National Right to Work Foundation staff attorneys.

United Food and Commercial Worker Local 1059 union officials enjoy monopoly bargaining privileges over Thompson's workplace. And because Ohio does not have a Right to Work law making union affiliation and dues payments completely voluntary, Thompson is forced to pay a portion of union dues or fees as a condition of employment.

Click here to read the full release.

UPDATE: California union bosses meet resistance from nurses nationwide

Last week, Service Employees International Union (SEIU) Healthcare Workers West organizers in Orange County, California were booted out of a hospital for the second time this year.

SEIU officials have been trying to unionize workers at Chapman Medical Center through a backroom deal known as a "neutrality agreement" designed to grease the skids for workers to be forced into union ranks.

The agreement was anything but "neutral": Company officials granted union operatives access to company facilities to conduct a coercive "card check" organizing campaign in which union organizers pressure workers to fill out cards that count as votes for union control of the workplace. Meanwhile, Chapman waived the right to have a federally-supervised secret ballot election to determine whether employees really wish to be unionized.

SEIU organizers resorted to harassing late night phone calls, blocking workers' driveways while they were heading to work, bribing workers with food to sign "cards" that would later count as "votes," and stalking workers.  One time, workers even had to resort to calling the police to remove the unwanted SEIU militants from their workplace.

Even though Chapman workers won a settlement from the SEIU over the summer which forced the union to renounce the "recognition" it received from Chapman and forego the use of card check, union organizers managed to force a unionization election. The SEIU hierarchy lost again, 90 to 48.

Meanwhile, across the nation, the California-based National Nurses Organizing Committee (NNOC) union hierarchy is on a crusade to unionize "every nurse in the nation." As a result, NNOC union bosses have entered into "neutrality agreements" with nationwide healthcare providers Tenet Healthcare Corporation (NYSE: THC) and HCA Holdings, Inc. (NYSE: HCA), among others. 

Nurses from across the country, from Texas to Pennsylvania and Florida are speaking out against the forced unionization of their workplaces.

One major flashpoint in this nationwide battle over nurses' workplaces recently occurred in multiple Tenet-own hospitals in El Paso, Texas. In just 10 days, three nurses from two El Paso hospitals filed federal charges against the NNOC union and Tenet for denying nurses who oppose unionization equal access to discuss the effects of unionization in their workplaces. The NLRB Regional Office in Phoenix has already found merit to some of the charges. 

Moreover, in July, nurses in McAllen, Texas successfully voted the NNOC union hierarchy out of their HCA-owned hospital. And Tenet is facing federal charges in Boca Raton, Florida for enforcing a discriminatory neutrality agreement between its facility there and SEIU organizers.

In El Paso, the NLRB held a unionization election in Sierra Medical Center. And despite all the odds, a tenacious group of nurses managed to hold off the forced unionization of their workplace by 10 votes.

Despite union bosses' crusade to unionize every nurse in the nation, nurses everywhere are fighting back against the forced unionization of their workplaces. 

Ford Repairman's Charge Spurs Federal Prosecution of Local Teamsters Union

News Release

Ford Repairman's Charge Spurs Federal Prosecution of Local Teamsters Union

Board's lenient treatment of union officials’ conduct shows need for state Right to Work law

Minneapolis, MN (November 28, 2012) – Teamsters Local 974 union officials are facing federal prosecution for violating the rights of a former New Brighton Ford journeyman technician.

The National Labor Relations Board (NLRB) regional office in Minneapolis issued a formal complaint against the union after Dylan McHenry of Hammond, Wisconsin filed federal charges against the union with free legal assistance from National Right to Work Foundation staff attorneys.

Because Minnesota does not have Right to Work protections making union affiliation completely voluntary, McHenry was still forced to pay fees to the union to keep his job. However, the U.S. Supreme Court ruled in the Foundation's Communication Workers of America v. Beck case that workers are not required to pay union dues or fees for union boss political activities, lobbying, and member-only events.

Click here to read the full release.

Caterpillar Workers File Federal Charges Against Machinist Union in Wake of Summer Strike

News Release

Caterpillar Workers File Federal Charges Against Machinist Union in Wake of Summer Strike

Union officials attempt to retaliate against nonmember workers

Chicago, IL (November 6, 2012) – In the wake of last summer's Machinist union boss-instigated strike against Caterpillar (NYSE: CAT), two Caterpillar workers have filed a federal charge against the Machinist union and its local affiliate for violating their rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Daniel Eggleston and Steven Olson filed their charge 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.

Eggleston and Olson have refrained from union membership in the International Association of Machinist (IAM) union and its local District Lodge 851 affiliate for years and are thus exempt from the union hierarchy's constitution and bylaws. However, because Illinois does not have Right to Work protections making union affiliation completely voluntary, they are still forced to pay part of union dues to keep their jobs.

Under federal law, workers who refrain from union membership cannot be disciplined for continuing to work during a union boss-ordered strike.

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Worker Forces Elevator Union Bosses to Settle Federal Charge and Drop Retaliatory $20,000 Fine

News Release

Worker Forces Elevator Union Bosses to Settle Federal Charge and Drop Retaliatory $20,000 Fine

Union officials demanded full-dues-payment and union membership in violation of Supreme Court precedents

Chicago, IL (October 24, 2012) – A former Barnard/Imperial Elevator employee has won a settlement from a local union after union officials demanded he pay about $20,000 for working at a non-union workplace.

With free legal assistance from National Right to Work Foundation staff attorneys, Robert Fierke filed a federal charge with the National Labor Relations Board (NLRB) regional office in Chicago after union officials levied approximately $20,000 of fines against him.

Fierke worked for Barnard/Imperial Elevator before the company went bankrupt. International Union of Elevator Constructors (IUEC) Local 2 union bosses enjoyed monopoly bargaining privileges over the workplace. IUEC union officials never informed workers, including Fierke, of their right to refrain from full-dues-paying union membership as upheld by the U.S. Supreme Court in the Foundation-won Communications Workers v. Beck case.

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West Boca Medical Center Nurses Challenge Corrupt Agreement between SEIU and Hospital

News Release

West Boca Medical Center Nurses Challenge Corrupt Agreement between SEIU and Hospital

Nurses who oppose forced unionization of workplace suffer from viewpoint discrimination

Boca Raton, FL (October 10, 2012) – A local nurse has filed a federal charge against West Boca Medical Center and its parent company for enacting a secret deal that discriminates against the nurses and gives Service Employees International Union (SEIU) operatives preferential access to the facility.

With free legal assistance from the National Right to Work Foundation, Registered Nurse Jenna Orlando filed the charge with the National Labor Relations Board (NLRB) regional office in Tampa.

According to the charge, SEIU union officials entered into a "neutrality agreement" with West Boca Medical Center and its parent company, Tenet Healthcare Corporation. The agreement successfully greased the skids for the nurses unionization.

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Longmont Police Officers Hit Police Union, Longmont City Officials with Federal Civil Rights Lawsuit

News Release

Longmont Police Officers Hit Police Union, Longmont City Officials with Federal Civil Rights Lawsuit

Right to Work Foundation attorneys help officers challenge union hierarchy for violating their constitutional rights

Denver, CO (October 5, 2012) – Two Longmont city police officers have filed a federal lawsuit against a local Fraternal Order of Police (FOP) union and the city for violating their rights.

Cary Nickolls and James Bundy filed the lawsuit in the U.S. District Court for the District of Colorado in Denver with free legal assistance from National Right to Work Foundation staff attorneys.

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U.S. Supreme Court Fails to Correct Dangerous Union Exemption from State Identity Theft Laws

News Release

U.S. Supreme Court Fails to Correct Dangerous Union Exemption from State Identity Theft Laws

Resort workers get caught in union membership Twilight Zone

Washington, DC (October 1, 2012) – Today, the U. S. Supreme Court denied a petition to hear a case brought by North Carolina-based AT&T (NYSE: T) employees asking the Court to review two state court decisions regarding a state identity theft law and federal preemption.

The workers appealed the case to the Supreme Court with free legal assistance from National Right to Work Foundation staff attorneys.

In the fall of 2007, Communications Workers of America (CWA) Local 3602 union president John Glenn maliciously posted the names and social security numbers of 33 AT&T employees on a publicly accessible bulletin board at the company's facility in Burlington, N.C.

All the employees whose names and personal information were posted in a hallway close to the building entrance, accessible to the public, had exercised their freedom under the state’s Right to Work law to resign from CWA union membership and cease paying union dues.

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