AFL-CIO Launches Sneak Attack on Nation’s Non-Union Railway and Airline Workers

National Right to Work opposes union officials’ quiet efforts to grease the skids to impose forced unionism at non-union workplaces

Washington, DC (November 3, 2009) – America’s preeminent workers’ rights advocacy organization raised the alarm about an under-the-radar attempt by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and 30 other unions to make a dramatic change to labor regulations, enabling union organizers to corral tens of thousands of non-union railway and airline industry workers into union membership.

Yesterday, the National Mediation Board (NMB), a government agency charged under the Railway Labor Act with mediating labor disputes within the railroad and airline industries, voted 2-1 to preliminarily support the controversial changes.  The National Right to Work Legal Defense Foundation sent a letter objecting to the AFL-CIO union’s proposals and the NMB is requesting comments on the proposed changes.  The Foundation will file formal comments in the coming days.

The AFL-CIO union bosses’ proposal urges the NMB to discard its policy of requiring a true majority of all workers within a collective bargaining unit to decide for themselves if they wish to be represented by a union – a 75-year-old precedent – and instead implement new procedures that require only a majority of workers actually voting in a union organizing election to make that decision for the whole group.

The National Right to Work Foundation opposes the AFL-CIO’s proposal because it makes it exceedingly difficult for independent-minded workers to resist Big Labor’s well-funded, professional organizing machine, particularly since these campaigns must be run across an entire, often-nationwide bargaining unit.  The proposed change also imposes a greater burden on employees who wish to refrain from union membership by forcing them to either take affirmative action to oppose the union or otherwise potentially allow far less than a majority make that decision for them.

“Apparently unable to convince a true majority of affected workers to vote for unionization under the current process, AFL-CIO operatives are attempting to change the rules to give themselves the upper hand over the workers,” said Stefan Gleason, vice president of National Right to Work. “Individual workers should never be forced into union ranks against their will, and it’s unconscionable that union bosses want to be able to impose unionization without an actual majority of employees ever showing support for a union.”

The National Right to Work Foundation’s letter also calls on the NMB to establish a formal process for workers wanting to remove a union as their monopoly bargaining agent as required under Foundation-won precedent in U.S. federal court.

California Union Bosses Seek to Compel Philadelphia Nurse to Attend Private Hearing for Opposing Forced Unionization

Union operatives attempt to interrogate dissenting Hahnemann University Hospital employee in kangaroo court proceeding

Philadelphia, PA (September 22, 2009) – Today, National Right to Work Foundation attorneys filed unfair labor practice charges for Kimberly Hummel, a Philadelphia nurse who has been subpoenaed to testify at a private arbitration hearing for daring to oppose a backroom deal between Hahnemann University Hospital and the California Nurses Association (CNA) union.

In June 2009, the CNA union decisively lost a so-called “consent election” to determine if Hahnemann employees would be forced to accept union monopoly bargaining. Despite a coercive deal between union bosses and hospital officials that gave CNA organizers preferential access to hospital facilities, circumvented federal oversight, and prevented nurses from discussing the downsides of unionization, Hahnemann University Hospital employees voted against the CNA, 309 to 267.

Unwilling to take “no” for an answer, CNA operatives responded by filing a series of objections to the election with the National Labor Relations Board (NLRB), alleging that the unionization drive was somehow tainted by hospital officials’ actions, despite the fact that the hospital’s management provided assistance to union organizers. The CNA union filed similar objections with a private arbitrator, who promptly subpoenaed Hummel, a leading opponent of the CNA’s abusive organizing tactics, threatening her with a monetary fine if she refused to participate. NLRB officials have already set a date for a hearing on these objections, however.

Because Hummel never agreed to submit to private arbitration, her unfair labor practice charges assert that she is under no obligation to answer questions at the private arbitration hearing, where union operatives would have free-reign to harass and interrogate her prior to the upcoming NLRB investigation. Absent federal safeguards, a private arbitration hearing also threatens to undermine Hummel’s due process rights. As a result, Hummel has refused to appear before the CNA’s tribunal and has filed unfair labor practice charges against the union for threatening her with a subpoena.

“With the help of complicit hospital administrators, CNA operatives have already tried to forced Hahnemann nurses into the dues-paying ranks of an unwanted union,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Now that they’ve been rebuffed by Philadelphia nurses, union bosses are attempting to drag Kimberly Hummel into a union kangaroo court for interrogation.”

“The union’s objections are already being investigated by the NLRB, so employees like Mrs. Hummel will absolutely not attend a private arbitration hearing that lacks basic due process safeguards,” continued Gleason. “Instead of pursuing this ludicrous hearing, union officials should respect the wishes of these nurses to remain union-free and go away.”

Federal Labor Board Agrees to Review Deauthorization Drive to Strip Forced Dues Power from Union at LA Times

Teamster bosses threatened to sue employees for refusing to pay dues

Los Angeles, CA (August 17, 2009) – The National Labor Relations Board (NLRB) has agreed to reconsider a controversial preliminary decision denying attempts by Los Angeles Times employees to remove a mandatory dues clause from the newspaper’s union contract. Attorneys from the National Right to Work Foundation are providing free legal assistance to workers seeking to rid themselves of any forced dues obligation.

Over the past six months, union officials from the Graphic Communications Conference of the International Brotherhood of Teamsters (GCC/IBT) Local 140-N union have repeatedly ordered Leon Carey, Jr. and similarly situated employees to pay union dues or face lawsuits in California civil court, citing a clause in the union’s contract with the Los Angeles Times.

Because California is not a Right to Work state, employees can be obligated to pay union dues related to collective bargaining as a condition of employment. However, employees cannot be legally compelled to join a union against their will. Employees also have the right to collect signatures for a deauthorization drive to formally revoke a union’s forced-dues privilege.

Carey collected signatures from over 30 percent of his fellow employees and filed a petition for deauthorization with the NLRB’s regional director. The regional director bizarrely refused to schedule the election to eliminate the forced union dues clause, claiming that workers can only pursue deauthorization if the union hierarchy forces them to pay dues upon penalty of losing their jobs.

In the Request for Review, Foundation attorneys noted that because union operatives have repeatedly threatened Carey with legal action if he refuses to pay, the union contract’s forced dues provisions constitute a de facto requirement for working at the Los Angeles Times.

Foundation attorneys have also filed separate unfair labor practice charges challenging the legality of the afore-mentioned provisions.

“We’re encouraged by the NLRB’s decision to review this unfounded preliminary ruling, but union-boss threats of lawsuits will continue as long as workers can be forced to pay dues as a condition of working at the LA Times,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Ultimately, making union membership and dues-payment completely voluntary is the only way to prevent this type of abuse in the future, which is why California desperately needs a Right to Work law.”

Fearing Vote on Its Forced Dues Powers, Union Hierarchy Gives up Monopoly Bargaining Privileges

New Cumberland air traffic controllers wanted union out all along, but anti-employee bias of federal labor law only permitted them to end forced dues

New Cumberland, PA (July 21, 2009) – Facing an imminent deauthorization election initiated by New Cumberland air traffic controllers, National Association of Air Traffic Control Services (NATCA) union officials have renounced their monopoly bargaining privileges and withdrawn from the bargaining unit entirely.

After receiving notice of the impending election, the union hierarchy apparently recognized that it was not wanted by employees and walked away to avoid further embarrassment.

With free legal assistance from the National Right to Work Foundation, all four employees at a New Cumberland air traffic control tower recently filed a deauthorization petition with the National Labor Relations Board (NLRB), seeking a secret ballot election to remove the authority of NATCA union officials to require payment of union dues as a condition of employment. After NLRB administrators confirmed that all four employees signed the petition, a deauthorization election was scheduled for late July to determine formally whether the union could continue to extract payments from air traffic controllers.

Although all four employees wanted to eject the union entirely, they were only allowed to vote on the union’s presence when the current contract period expires. Before the deauthorization election could take place, however, union officials opted to disclaim any interest in continuing to represent the bargaining unit rather than face defeat at the ballot box.

“All four employees wanted to eject the union, but the biases of federal labor law meant their only option at the time was to strip union bosses of their forced dues privileges,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Faced with having to earn the workers’ dues voluntarily instead of seizing them under the threat of termination, NATCA bosses showed their true colors and abandoned the unit.”

Now that NATCA has formally renounced its monopoly bargaining privileges for this particular bargaining unit, all employees of the New Cumberland air traffic control tower will be able to individually negotiate with their employer for wages and benefits.

“While we applaud the efforts of the New Cumberland air traffic controllers to rid themselves of an unwanted union, these employees shouldn’t have to navigate layers of federal bureaucracy just to represent themselves in the workplace,” continued Gleason.

Nurses Eject Unwanted CNA Union from Tenet Hospital in Philadelphia

Union hierarchy loses decertification election, prosecution of union officials for workplace intimidation moves forward

Philadelphia, PA (July 8, 2009) – After enduring a coercive union organizing campaign and harassment by union militants, a Philadelphia-area nurse successfully ejected the Pennsylvania Association of Staff Nurses and Allied Professionals (PASNAP) union, a local affiliate of the national California Nurses Association (CNA) union, from Hahnemann University Hospital.

Certifying the results, federal supervisors from the National Labor Relations Board announced that PASNAP lost the election, 309 votes to 267. Union officials may no longer force nurses to accept their “representation.”

Kimberly Hummel of Deptford, New Jersey is employed as a nurse at Hahnemann University Hopsital, a medical facility owned and operated by Tenet Healthcare Corporation. After CNA organizers muscled into the hospital using a controversial “Election Procedures Agreement” (EPA), Hummel criticized the hospital’s support for union organizers.

With free legal aid from the National Right to Work Foundation, she filed federal unfair labor practice charges against the California Nurses Association (CNA) union and Tenet Healthcare Corporation in February 2009.

The charges challenged the legitimacy of the EPA, listing multiple violations of employee rights that hindered nurses’ attempts to resist the CNA’s professional organizers. Under the agreement, Tenet managers were gagged from responding truthfully to employee questions about the CNA, and nurses who opposed unionization were forbidden from using Tenet facilities to express their views. Outside union organizers, on the other hand, were given free rein to pressure nurses into approving unionization.

In early June, Foundation attorneys filed another round of unfair labor practice charges against the CNA, alleging that Hummel was harassed and stalked by union militants in retaliation for her efforts to challenge CNA’s aggressive organizing tactics.

Despite this intimidation, Hummel successfully initiated a union decertification election by collecting signatures from more than 30 percent of affected hospital employees who oppose the union’s presence.

“After enduring a backroom organizing deal between their employer and the CNA and union intimidation in the workplace, Hahnemann University Hospital nurses have finally restored their individual rights to free association,” said Stefan Gleason, vice president of the National Right to Work Foundation.

Union Settles Lawsuit Alleging Identity Theft in Retaliation Campaign against Independent Worker

Union militants bombarded dissenting employee’s house with unwanted mail

Hartford, Connecticut (May 19, 2009) – National Right to Work Foundation attorneys have successfully negotiated a settlement with the Communication Workers of America (CWA) Local 1103 union for Patricia Pelletier, a worker who was targeted by CWA operatives for a vicious campaign of retaliation after she attempted to remove the union from her workplace.

Connecticut’s lack of a Right to Work law compelled Pelletier, a Hartford-based employee of the Connecticut Student Loan Foundation, to pay union dues as a condition of employment. Dissatisfied with the union’s presence in her workplace, Pelletier exercised her legal right to circulate a decertification petition to eject the union. Her co-workers ultimately voted to remove the unpopular union, but CWA operatives responded by allegedly forging Pelletier’s signature on numerous magazine subscriptions and consumer product solicitations.

In her lawsuit, Pelletier also alleged that union officials planted cocaine in her office in an effort to have her fired.

Pelletier’s home was then flooded with hundreds of unwanted magazines and advertisements. Not only was Pelletier forced to spend several hours each day canceling individual subscriptions, she was also billed for thousands of dollars by unwitting magazine companies, jeopardizing her credit rating. Even after her lawsuit was filed, Pelletier still received excess mail from a variety of journals and magazines, and her name continued to be circulated through advertiser mailing lists across the country.

The 31-count suit brought by Foundation attorneys for Pelletier against CWA Local 1103 and four union officials alleged that CWA operatives committed identity theft, conspired to forge Pelletier’s signature, inflicted undue emotional distress on Pelletier and her family, and violated Connecticut’s Unfair Trade Practice Act by unlawfully retaliating against Pelletier for attempting to remove the union.

Although Foundation attorneys achieved a settlement that satisfies Pelletier, the terms of the settlement are confidential.

“We’re happy to report that after enduring a trying ordeal, Patricia Pelletier is finally getting a satisfactory resolution,” said Stefan Gleason, vice president of the National Right to Work Foundation. “No worker should be subjected to vicious union retaliation for exercising their rights in the workplace.”

Nurses Seek Ejection of Union at Cypress Fairbanks Medical Center; Union Bows Out Of Two Other Hospitals

Union Officials and Healthcare Company Collaborated to Foist Unwanted Union on Cypress Fairbanks Medical Center

Houston, Texas (May 12, 2009) – With free legal assistance from the National Right to Work Foundation, nurses at the Cypress Fairbanks Medical Center have filed a decertification petition with the National Labor Relations Board (NLRB) to remove an unwanted union from their workplace.

The nurses’ decertification petition comes on the heels of the California Nurses Association (CNA) union’s decision to withdraw its controversial petitions for unionization at the Park Plaza and Houston Northwest medical centers. Hospital employees became increasingly disillusioned with union officials after many nurses raised concerns about conflict in the workplace and the quality of patient care.

The California Nurses Association union originally obtained its monopoly bargaining privileges at Cypress Fairbanks through a once-secret deal with Tenet Healthcare Corporation. Company officials agreed to provide union organizers with assistance as part of an “Election Procedures Agreement,” allowing CNA operatives to unionize the facility with relative ease.

The CNA-Tenet “Election Procedure Agreements” used in Houston and elsewhere typically included several provisions designed to quash anti-union dissent. Tenet managers were forbidden from answering hospital employees’ questions about unionization, and employees who opposed a union presence were prevented from using company facilities to express their views. CNA organizers, on the other hand, were given wide-ranging access to company grounds to facilitate unionization, as well as a list of employees’ home addresses.

The agreements between Tenet and the CNA also subverted the NLRB’s oversight role for workplace elections. Under the union’s scheme, the NLRB would merely count ballots and rubber stamp the union’s monopoly bargaining privileges instead of supervising the entire process.

After enduring a coercive CNA organizing campaign, nurses at Cypress Fairbanks filed an employee decertification petition to eject the union from their workplace. Once the NLRB confirms that the petition includes signatures from at least 30 percent of Cypress Fairbanks employees, federal administrators will supervise a secret-ballot election to determine whether the union hierarchy will retain its monopoly bargaining privileges.

“CNA operatives forced their union on these health care professionals using legally questionable tactics,” said Stefan Gleason, vice president of the National Right to Work Foundation. “We’re happy to report that these nurses will finally have their chance to send the CNA union bosses back to California.”

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.

UAW Tries to Block Employee Election to Toss Out Union at JCIM Grand Rapids

Meanwhile, UAW operatives work to pressure employees at Holland JCIM plant into union ranks

Grand Rapids, MI (January 13, 2009) – A majority of Johnson Controls (JCIM) employees at the Talon Court facility in Kentwood have filed a decertification petition seeking an election to oust the United Auto Workers (UAW) union as the JCIM workers’ monopoly bargaining agent, but UAW union lawyers argued in a formal hearing yesterday that the employees should be barred from access to a decertification election.

JCIM worker Dawn Lambert filed the decertification petition with the National Labor Relations Board (NLRB) seeking a secret ballot election to determine whether or not a majority of the workforce wants to retain the UAW union as their monopoly bargaining agent. Under federal labor law governing the private sector, when a union hierarchy has been granted monopoly bargaining authority, it is illegal for any present or future employees – whether they are members of the union or not – to negotiate with their employer for themselves unless they can prove that the union hierarchy does not retain majority support.

A clear majority of the employees at the Talon Court facility in Kentwood have now expressed their intent to remove the UAW. National Right to Work Foundation staff attorneys have also sent a letter to JCIM management demanding that it cease further contract negotiations and also withdraw recognition of what is now a minority union at Talon Court. Under the law, recognizing and negotiating with a union that does not have majority support is an unfair labor practice.

However, in yesterday’s hearing, union lawyers claimed that the plant is not its own bargaining group but had been sucked into a large amorphous group that includes other JCIM plants across America, making the petition by a majority of Talon Court workers insufficient to trigger a decertification. Of course, it would be nearly impossible for employees to organize and muster a broad effort at unknown facilities far away from Grand Rapids. This UAW claim flies in the face of the fact that the union officials and management have been bargaining over local issues, and that a local contract is not in place after nearly two years since the union became the monopoly bargaining agent at Talon Court.

“Despite over 50 percent of employees wanting the union gone, bosses have the nerve to deny them even a vote,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Apparently the UAW is like a roach motel, easy to get in, but nearly impossible to leave.”

The decertification drive against the UAW in Kentwood comes amidst a UAW campaign to unionize JCIM workers in nearby Holland. In Holland, UAW union bosses have pressured JCIM to provide union organizers with access to company facilities and sensitive personal information about its employees, including their names, phone numbers, and home addresses.

Union bosses apparently intend to use this information to pressure employees to sign union authorization cards at work and at home. In fact, union operatives are also planning a captive audience meeting later this week to pressure workers to sign the cards. History shows that during “card check” campaigns union organizers frequently harass and even mislead workers into signing these cards with the ultimate goal of installing the union without even the minimal protections of a secret ballot election. Additionally, union officials will doubtlessly fail to tell Holland employees that they will not be able to vote the union out.

Majority of Workers at JCIM Grand Rapids Plant Seek Ejection of UAW Union

Grand Rapids workers want UAW union out while organizers attempt to force their way into JCIM’s Holland plant

Grand Rapids, MI - With free legal assistance from the National Right to Work Foundation, a Johnson Controls (JCIM) employee at the Talon Court facility in Kentwood has filed a decertification petition seeking an election to oust the United Auto Workers (UAW) union as the JCIM workers’ monopoly bargaining agent.

The development is another blow to the UAW union hierarchy which has taken a major public relations hit in recent months because of its role in driving the Big Three automakers to the brink of bankruptcy.

JCIM worker Dawn Lambert filed the decertification petition with the National Labor Relations Board (NLRB), which should conduct a secret-ballot election to determine whether or not a majority of the workforce wants to retain the UAW union as their monopoly bargaining agent. Under federal labor law governing the private sector, once the NLRB grants union officials monopoly bargaining status, it is illegal for any present or future employees – whether they are members of the union or not – to negotiate with their employer for themselves unless they can prove that the union hierarchy does not retain majority support.

Because a clear majority of the employees at the Talon Court facility in Kentwood have expressed their intent to remove the UAW, National Right to Work Foundation staff attorneys have also sent a letter to JCIM management demanding that they cease further contract negotiations and also withdraw recognition of what is now a minority union. Under the law, recognizing and negotiating with a union that does not have majority support is an unfair labor practice.

The decertification drive against the UAW in Kentwood comes amidst a UAW campaign to unionize JCIM workers in nearby Holland. In Holland, UAW union bosses are pressuring JCIM to provide union organizers with access to company facilities and personal information about its employees, including their names, phone numbers, and home addresses.  Numerous employees at the JCIM Holland facility have responded by sending JCIM a letter asking that the company not release their personal information to the UAW union. To view a sample of the letter, click here.

Union bosses use this information to pressure employees to sign union authorization cards at work and at home. History shows that during “card check” campaigns union organizers frequently harass and even mislead workers into signing these cards. Once union officials collect signed cards from a majority of the workers, JCIM in Holland could be forced to recognize the union as the monopoly bargaining agent of all employees in the bargaining unit, even for those workers who would prefer to negotiate their own wages and working conditions based on their individual merit.

“Employees are apparently sick and tired of the UAW bosses’ role in fomenting conflict in the workplace, job losses, corruption, and Far Left political activism,” said Stefan Gleason, vice president of the National Right to Work Foundation.