AT&T Employee Files Federal Charges Against Communications Union for Illegal Threats

CWA union bosses told worker they would “take him to court” for refusing to go on strike

St. Louis, Missouri (April 13, 2009) – A St. Louis-based AT&T worker has filed federal unfair labor practice charges against a national union for illegal threats in the run-up to an impending national strike.

With free legal aid from the National Right to Work Foundation, David McBride of Granite City, Illinois filed charges alleging that Communication Workers of America (CWA) union officials threatened him with legal action if he refused to go on strike and failed to provide him with a federally-mandated audit of union expenditures.

CWA union officials appear to be on the verge of ordering 20,000 employees to abandon their jobs as part of a nationwide strike against AT&T Mobility. However, numerous employees across the United States have contacted the National Right to Work Foundation for legal advice after being falsely informed by CWA officials that they are obligated to participate in the union’s upcoming work stoppage or face severe penalties.

Foundation attorneys have already helped three New Jersey AT&T employees file unfair labor practice charges against CWA Local 1101.

In St. Louis, union officials demanded that McBride sign a “strike assignment form” despite his previous decision to resign from the union. Union officials threatened to “take [him] to court” if McBride refused to participate in the union-instigated strike.

Under the Supreme Court decision Pattern Makers v. NLRB, workers have an absolute right to resign from formal, full dues-paying union membership at any time. Union officials have no legal power to punish employees for resigning from the union and refusing to abandon their jobs during a strike.

Additionally, CWA Local 6300 union officials refused to provide McBride with a financial breakdown of all union expenditures. Because nonmember employees in non-Right to Work states can still be forced to pay union dues for collective bargaining, this disclosure is required to allow nonunion workers to opt-out of union dues unrelated to workplace negotiations.

Union officials have also told CWA union members in Washington, Michigan, Ohio and New Jersey that any attempt to resign from union membership is strictly prohibited. In Ohio, CWA bosses responded to one worker’s inquiry by telling him that he was employed in a “forced union” state. Foundation attorneys anticipate filing additional unfair labor practice charges for these union-abused workers in the coming weeks.

“It’s particularly despicable to threaten workers with legal retaliation if they refuse to abandon their jobs in the midst of an economic crisis,” said Stefan Gleason, vice president of the National Right to Work Foundation. “All workers should be free to support their families, free from ugly threats by union bosses.”

“The National Right to Work Foundation stands ready to defend the rights of any AT&T employee who is being illegally threatened or coerced by CWA officials,” added Gleason.

Truck Drivers and Dockworkers Fight Back Against Teamster Union Intimidation

Employees seek to throw out union after union bosses’ ugly campaign of harassment and coercion

Seattle, Washington (March 5, 2009) – Employees from nine collective bargaining units of Oak Harbor Freight Lines, Inc. have filed decertification petitions seeking elections to oust the Teamster union as the workers’ monopoly bargaining agent.

With help from the National Right to Work Legal Defense Foundation, the employees – drivers and dockworkers – filed the decertification petitions with the National Labor Relations Board (NLRB) seeking secret ballot elections to determine whether the workforce wants to retain the Teamster union as their monopoly bargaining agent.

On September 22, 2008, Teamster union brass called a strike against Oak Harbor Freight. Teamster union operatives picketed Oak Harbor Freight’s clients with the goal of discouraging them from doing business with the company.  Teamster union bosses sought publicly to damage Oak Harbor Freight’s reputation and openly celebrated when clients refused to do further business with the company.

Teamster union bosses organized a subsequent campaign of intimidation and harassment of Oak Harbor Freight employees who continued to work during the strike. Teamster union partisans participated in ambulatory strikes, in which they stalked and picketed Oak Harbor Freight drivers on their daily routes.

“It’s particularly despicable to intimidate workers if they refuse to abandon their jobs in the midst of an economic crisis,” said Stefan Gleason, vice president of the National Right to Work Foundation. “All workers should be free to support their families, free from harassment by union bosses.”

The Oak Harbor Freight employees work at terminal sites in Auburn, Washington; Burlington (Mt. Vernon), Washington; Olympia, Washington; Pasco, Washington; Spokane, Washington; Wenatchee, Washington; Medford, Oregon; Salem, Oregon; and Boise, Idaho.

AT&T Mobility Employees File Federal Charges Against Union for Threats if They Should Refuse to Strike

CWA union officials threaten financial penalties against independent-minded workers; national group announces offer of free legal aid

Morristown, NJ (February 9, 2009) – Responding to employee reports across America of union intimidation, a national organization announced today that it will provide free legal assistance to AT&T Mobility employees who are threatened with fines for exercising their right to go to their jobs during an imminent national strike.

Communication Workers of America (CWA) union officials may order 20,000 AT&T employees to abandon their jobs at any moment. Numerous employees across America have contacted National Right to Work Foundation attorneys for advice after being falsely informed that they have no right to resign from formal union membership and will face hefty fines as union members if they choose to do their jobs during the strike.

Foundation attorneys have already helped two New Jersey AT&T employees file unfair labor practice charges against the Communications Workers of America (CWA) Local 1101 union for this misconduct.

Under the Supreme Court decision Pattern Makers v. NLRB, workers have an absolute right to resign from formal, full dues-paying membership at any time. Union officials’ attempts to block workers from resigning clearly violate this precedent. Union officials have no legal power to punish nonmember employees for honoring their commitments to their employer.

Union officials have told CWA union members in Washington, Michigan, Ohio and New Jersey that any attempt to resign from union membership is prohibited. In Ohio, CWA bosses responded to one worker’s inquiry by telling him that he was employed in a “forced union” state. Foundation attorneys anticipate filing additional unfair labor practice charges for these union-abused workers in the coming weeks.

Moreover, union officials informed workers that anyone who refuses to follow strike orders will be subject to exorbitant financial penalties. In previous Foundation cases, union strike fines have exceeded thousands of dollars per worker per day.

The charges filed by Foundation attorneys seek an immediate injunction from the National Labor Relations Board (NLRB) to prevent CWA union bosses from stopping workers’ voluntary resignations. The charges also call for a rescission of any disciplinary action taken against workers attempting to resign, a repeal of the union’s illegal rules preventing workers from resigning union membership and a notice informing all employees of their legal right to resign from the union at any time.

“It’s particularly despicable to threaten workers with fines if they refuse to abandon their jobs in the midst of an economic crisis,” said Stefan Gleason, vice president of the National Right to Work Foundation. “All workers should be free to support their families, free from ugly threats by union bosses.”

“The National Right to Work Foundation stands ready to defend the rights of any AT&T employee who is being illegally threatened or coerced by CWA union bosses,” added Gleason.

Federal Labor Board to Prosecute Union Officials for Imposing Illegal Fines on Nonunion Employees

Teamsters bosses used fines to retaliate against employees who exercised their right to continue working during a union-ordered ‘sympathy strike’

Chicago, IL (January 5, 2009) –The National Labor Relations Board has announced that it will prosecute International Brotherhood of Teamsters Local 731 union officials for illegally imposing exorbitant retaliatory fines on several hard-working employees at a local company.

In September of 2008, nine employees at Lechner and Sons filed unfair labor practice charges against Local 731 with free legal assistance from the National Right to Work Foundation. The charges requested the prosecution of the union for imposing fines ranging from $13,946 to $40,000 on employees for working during a strike, despite the fact that none of the employees were voluntary union members. Union officials never informed any of the employees of their rights to refrain from formal union membership and to pay a reduced amount of compulsory dues. Instead, union officials misled employees into believing that formal, full dues-paying membership was a condition of employment.

Under the Foundation-won precedent Communication Workers v. Beck, employees have the right to refrain from funding union activities unrelated to collective bargaining. Union officials are also required to inform employees of their right to refrain from full dues-paying membership. Unless informed of these rights, workers cannot be considered “voluntary members” of a union and therefore cannot be subjected to internal union discipline.

In July 2006, union bosses decided that the employees, all truck drivers, should abandon their jobs during a so-called “sympathy strike” on behalf of a different bargaining unit at the plant. After the strike ended in June 2007, union brass attempted to discipline non-striking employees by levying several fines.

The workers whom union bosses attempted to discipline included two nonunion employees who worked during the strike. Union officials also illegally threatened to bar one employee from ever working at a “union shop” again if he refused to pay the assigned penalty. All of the employees misled into membership have now resigned from the union.

“Union bosses tricked employees into joining their union and then used their position to exact outrageous and devastating financial penalties,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Without a Right to Work law, workers in states like Illinois are all too vulnerable to this type of employee intimidation.”

A Right to Work law would allow employees to decide individually whether or not to join a union and pay union dues. The NLRB agreed to prosecute seven of the charges filed for fined Lechner and Sons workers by the Foundation. Foundation attorneys plan on appealing the NLRB’s decision not to pursue similar charges filed by two additional employees.

Agency Trial Judge Won’t Punish Union Officials for Threatening Non-Striking PVHMC Nurses with Fines, Jail

Nurse’s civil rights attorneys will appeal to the National Labor Relations Board

Pomona, California (November 25, 2008) – Attorneys for a Pomona Valley Hospital Medical Center nurse announced they will appeal an erroneous administrative law judge ruling dismissing a federal complaint against a local union. Union officials had threatened non-striking nurses with financial penalties and even arrest for refusing to abandon their patients.

Federal labor prosecutors agreed with unfair labor practice charges brought by National Right to Work Legal Defense Foundation attorneys and found that Service Employees International Union (SEIU) Local 121RN officials had illegally coerced nurses in the exercise of their rights to refrain from union activity. The General Counsel of the NLRB formally brought the case before the federal labor law judge.

In May 2007, the collective bargaining agreement between the union and the hospital expired. SEIU officials later ordered a series of general strikes. Dozens of nurses resigned from formal union membership so they could continue treating their patients without facing retaliation by union officials. In response, union bosses menacingly disseminated information to nurses stating that, under a California “strikebreaker” law, they may be “subject to a fine of up to $1,000 and up to 90 days in jail” for refusing to join the strike and returning to work. SEIU officials further suggested to nurses that nonmembers would continue to owe compulsory union dues even though no contract containing a valid forced-dues clause was in effect.

Foundation attorneys helped Carole Jean Badertscher file the original unfair labor practice charges at the NLRB, and the General Counsel agreed that the Golden State’s “strikebreaker” law “coerced and intimidated employees from engaging in activities protected by the [National Labor Relations] Act,” which guarantees the right of nonmembers to work rather than strike. Moreover, the General Counsel agreed that the union bosses’ false insistence that nonmembers pay dues when no contract is in effect is also an unfair labor practice.

But Administrative Law Judge William G. Kocol dismissed the complaint, claiming that because none of the nurses could be legally classified as “professional strikebreakers,” the California law did not apply to them, and thus they should have ignored the threats. Also, according to the ALJ, union bosses did not violate the duty of fair representation because they “did not directly link continued dues payment with enforcement of a [forced-dues clause].”

“Unbelievably, the judge has effectively indicated that employees are expected to hire their own labor lawyers to help them read between the lines of union boss propaganda intended to coerce and intimidate them,” said Stefan Gleason, vice president of the National Right to Work Foundation. “The fact remains that union bosses sought to mislead and pressure nurses into turning their backs on patients and continue to pay dues against their will.”

Foundation attorneys will file an appeal with the NLRB in Washington, DC.

Employees Hit Union with Federal Charges for Its Illegal and Retaliatory Strike Fines

Union officials levy more than $200,000 in confiscatory fines against workers who would not abandon their jobs

Chicago, IL (September 11, 2008) - With free legal aid from the National Right to Work Legal Defense Foundation, nine Lechner and Sons employees have filed federal charges against an International Brotherhood of Teamsters Union local for exorbitant and illegal retaliatory fines levied against them.

The employees filed the unfair labor practice charges at the National Labor Relations Board (NLRB) against Teamsters Local Union 731. Union officials hit the employees with fines ranging from $13,946 to $40,000 each for working during the strike, despite the fact that none of the employees were truly voluntary members of the union during the strike. Union officials never informed any of the employees of their right to refrain from formal union membership and pay a reduced amount of forced dues. Instead, union officials deceived the employees into believing that formal, full-dues-paying union membership was a condition of employment.

In July 2006, union bosses ordered the employees, all truck drivers, to abandon their jobs during a so-called “sympathy strike” involving a different bargaining unit of workers at the plant where the strike occurred. After the strike ended in June 2007, union brass claimed the power to use fines to discipline non-striking employees.

The union hierarchy also claimed the power to discipline two employees for working during the strike even though they were not union members during the strike. The union bosses illegally threatened one employee that if he did not pay the fine, he would never again work in a “union-shop.” All of the employees have now resigned from the union.

“It is unconscionable for union bosses to mislead employees into union membership and then attempt to drive them into the poorhouse in vicious retaliation for working,” said Stefan Gleason, vice president of the National Right to Work Foundation. “This disturbing, yet increasingly-used tactic of union intimidation is all too common in states like Illinois where there is no Right to Work law on the books.”

A Right to Work law secures the right of employees to decide for themselves whether or not to join or financially support a union. The NLRB Regional Director’s Office will now investigate the charges and decide whether to issue a formal complaint and prosecute the union.

SEIU Union Officials Face Federal Prosecution for Illegal Threats against Non-Striking Nurses

Right to Work attorneys trigger prosecution after union bosses threatened Pomona Valley nurses with jail time for refusing to abandon patients

Los Angeles, California (July 3, 2008) – Federal labor board officials in Los Angeles will prosecute the Service Employees International Union (SEIU) Local 121RN for illegally threatening nurses at the Pomona Valley Hospital Medical Center with financial penalties and arrest for refusing to abandon their patients during a union-ordered strike.

Last October, SEIU officials ordered a general strike after the collective bargaining agreement between the union and the hospital expired, but many nurses refused to abandon their patients. To continue treating patients during the union-ordered strike without union retaliation, the nurses resigned from formal union membership. However, union bosses – citing an unenforceable California state law deterring “strikebreakers” (i.e. dutiful employees) – told the nurses that they could face stiff fines and even up to 90 days in jail if they did not join the strike. With free legal aid from National Right to Work Foundation attorneys, nurse Carole Jean Badertscher filed unfair labor practice charges with the National Labor Relations Board (NLRB).

When the NLRB Regional Director originally declined to prosecute the law-breaking SEIU bosses, Foundation attorneys filed an appeal with the NLRB’s General Counsel. The General Counsel determined that the Regional Director improperly dropped the case and ordered issuance of an unfair labor practice complaint against the abusive union hierarchy.

According to the complaint, union bosses illegally threatened nurses with arrest and jail under the invalid California law that is preempted by federal labor law. Additionally, the complaint alleges that union officials misled nurses by suggesting that non-member employees would continue to owe compulsory union dues even though no contract containing a valid forced-dues clause was in effect.

“Rather than being properly commended for refusing to turn their backs on their patients, these brave nurses faced ugly threats of fines and imprisonment from union bosses,” said Stefan Gleason, vice president of the National Right to Work Foundation. “It is reprehensible that union bosses are illegally threatening nurses in an effort to get them to walk out on their patients.”

NLRB General Counsel Orders Prosecution of SEIU Union Officials for Illegally Threatening Non-Striking Nurses

Union bosses threatened Pomona Valley nurses with arrests, jail time, and financial penalties for refusing to abandon their patients

Los Angeles, California (May 27, 2008) – National Labor Relations Board (NLRB) General Counsel Ronald Meisburg has granted an appeal filed by National Right to Work Foundation attorneys for union-abused nurses at the Pomona Valley Hospital Medical Center. The federal government will now prosecute Service Employee International Union (SEIU) Local 121 RN union officials for threatening nurses with financial penalties and arrest for refusing to abandon their patients during a union-ordered strike.

In October of 2007, SEIU Local 121 RN officials ordered a general strike after the nurses’ collective bargaining agreement with the hospital expired. In an effort to intimidate nurses into toeing the union line, SEIU officials told nurses that refusal to strike could result in financial penalties or even arrest – citing an unenforceable California state law. Nurse Carole Jeane Badertscher, a non-union member, subsequently contacted the National Right to Work Foundation for free legal assistance and filed class action unfair labor practice charges with the NLRB Regional Director.

After the NLRB Regional Director declined to prosecute, Foundation attorneys filed an appeal with the NLRB’s General Counsel. Following a lengthy review process, the General Counsel found merit to the charges, determined that union officials violated the nurses’ legal rights.

An NLRB administrative law judge will now evaluate Ms. Badertscher’s twin charges: The first alleges SEIU union officials misled nurses by suggesting that nonunion employees would continue to owe compulsory union dues after the nurses’ collective bargaining agreement expired. The second alleges that SEIU officials illegally threatened nurses for refusing to participate in a union-ordered strike.

“It’s outrageous for union officials to suggest that nurses could be financially penalized or even sent to jail for continuing to care for their patients,” said Stefan Gleason, vice president of the National Right to Work Foundation. “While we’re pleased that SEIU bosses will be prosecuted for breaking the law, this type of abuse will continue until California employees have the protection of a Right to Work law that makes union membership and dues-payment strictly voluntary.”

Virginia’s Attorney General Asked to Investigate Apparent Refusal of Police to Investigate Union Harassment

Workers reported windows smashed, nails in driveways, and threatening letters, while local police turn a blind eye

Dublin, Virginia (March 13, 2008) – The National Right to Work Legal Defense Foundation today called on the Virginia Attorney General to investigate “ethical and professional breaches” by local police who actually chastised non-striking workers for exercising their constitutionally protected Right to Work rather than investigate the ongoing union harassment and property destruction they face.

A group of Pulaski County Volvo workers contacted the Foundation for help late last week after suffering a variety of retaliation tactics simply for showing up for work to support their families during a United Auto Workers (UAW) strike.

Employees have been targeted with smashed windows, derogatory signs, cut tires, nails in their driveways, sugar in their gas tanks, and more. Driving into work, as documented by local media reports, employees also had to pass a coffin labeled “all scabs welcome here,” as well as endure picketers spitting on their cars, making obscene and sexual gestures at them, and racist and sexist slurs.

Despite this, at least one employee claims that a police officer, who apparently had family or friends in the UAW union, refused to file a police report and instead publicly lectured her for “crossing the picket line” when she reported an alleged crime perpetrated by union operatives.

Foundation Staff Attorney Derek Poteet wrote to Attorney General Robert McDonnell: “...law enforcement officers have claimed to have no evidence that union members are involved. However, I have learned that law enforcement officers have, in some instances, actually caught the perpetrators only to release them with a warning, without further investigation or fingerprinting… [This is] a ‘catch and release’ attitude toward union violence.”

He continued: “If no action is taken, those who committed these crimes will have succeeded in making an example to thwart others from exercising their constitutionally protected Right to Work in the future, perceiving that the law will not protect them.”

The National Right to Work Foundation has come to the aid of many victims of union intimidation and violence, including victims of UAW harassment in Winchester, Virginia. The Foundation helped Vietnamese immigrant Schucheng Huang after union militants vandalized her car with paint, smashed her car windows, and placed a severed, bloody cow's head on the hood of her car. Huang and other victims of union violence won an undisclosed monetary settlement in 2001.

Employees Hit Union with Federal Charges After Being Slapped with $120,000 in Illegal Retaliatory Fines

Union officials levy confiscatory fines after employees exercised rights to resign from formal union membership and worked to eject union

Oostburg, WI (January 7, 2008) – With free legal aid from the National Right to Work Legal Defense Foundation, four Pre-Heat, Inc. employees have filed federal charges against the Sheet Metal Workers International Association union for exorbitant and illegal retaliatory fines levied against them.

The employees, led by Patrick Keefe, filed the unfair labor practice charges at the National Labor Relations Board (NLRB) against Sheet Metal Workers Local 18. Union officials hit them with fines of $30,000 each after they resigned their formal union membership and returned to work during a union-ordered strike. Nonunion members are not subject to internal union discipline.

Following their resignations, Keefe and his coworkers also began gathering signatures for a decertification election, an NLRB-supervised secret ballot election to oust a union, which is generally an uphill battle for workers to obtain. However, the employees’ efforts resulted in a majority of employees signing the petition to oust the unpopular union, and Pre-Heat, Inc. then withdrew recognition from the union because it no longer had the employees’ support.

After the strike ended, in November 2007, union officials ordered Keefe and his four coworkers to attend a Sheet Metal Workers union internal kangaroo court held for the purpose of punishing them for exercising their legal rights. Union agent Patrick Landgraf charged the employees with violating the union’s constitution. In his written statement during the union trial, Landgraf claimed Keefe and the others “selfishly crossed” the picket line for “this rat contractor” and accused the employees of preventing the union from obtaining a new contract. Landgraf did not mention that his union had been resoundingly rejected by the workers.

Because they were not members of the union, Keefe and the other employees chose not to show up at the “trial.” In their absence, the union’s Executive Board found the employees “guilty” of all charges, fining them a total of $120,000. Sheet Metal Workers union officials ordered Keefe and the three other workers to pay the illegally imposed fines within 30 days.

“It is unconscionable for union bosses to attempt to drive workers into the poorhouse in vicious retaliation for returning to work,” said Stefan Gleason, vice president of the National Right to Work Foundation. “This union intimidation is all too common in states like Wisconsin where there is no Right to Work law on the books.”

A Right to Work law secures the right of employees to decide for themselves whether or not to join or financially support a union. The NLRB’s Regional Office will now investigate the charges and decide whether to issue a formal complaint and prosecute the union.