Worker Decertification and Deauthorization Drives 

News Release

Local Security Guards Win Federal Settlement to End Illegal Forced Union Dues Payments

Case underscores need for Maryland Right to Work law

White Oak, MD (September 9, 2014) – Four local Coastal International Security, Inc. security guards have won a federal settlement from a local union and their employer for illegally forcing them into paying union dues and fees.

The settlement comes in the wake of federal charges filed by the security guards with free legal assistance from National Right to Work Foundation staff attorneys.

In December, Coastal security guard Karif King, who has been employed by Coastal International since 2008, and his coworkers voted to deauthorize the "Union Rights for Security Officers" union, thus revoking the union's power to force nonmember workers into forced dues payments. Federal law requires that union officials cease forcing nonmember workers into forced dues payments upon request if a majority of workers vote to deauthorize the union's forced dues powers.

King and his coworkers Pius Eroraha, Obi Orji, and Grace Rayemo filed charges with the National Labor Relations Board (NLRB) after union officials continued to force the workers into forced dues payments despite the workers' effort to revoke the union hierarchy's forced dues powers.

Coastal International also faced charges for its role in assisting the union in the collection of union dues payments despite the workers' repeated requests for the union dues and fees payments to cease.

The settlement requires the union hierarchy to return all illegally-seized union dues, plus interest, and to post informational notices in the workplace informing workers of their right to refrain from union dues or fees.

"These security guards had to file federal charges to force union officials and Coastal International Security management to back off from forcing workers into illegal union dues payments," said Mark Mix, President of the National Right to Work Foundation. "This case underscores why Maryland needs to pass a Right to Work law making union membership and dues payments completely voluntary."

Twenty-four states have Right to Work protections for workers. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
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. In that case, the NLRB denied the gasket and bolt manufacturing workers, and thousands of workers nationwide since, the right to challenge union card check recognition with a secret ballot vote. As a result, workers currently must wait up to three years after the date of the first monopoly bargaining agreement between their employer and union officials before they can file a petition for a secret ballot vote.

Now, almost three years to the date since the NLRB overturned Dana, Lamons Gasket workers, with the help of Foundation attorneys, filed for a secret ballot election to remove the United Steelworker union bosses who obtained control over their workplace through a coercive card check campaign. The election is now scheduled for August 20, 2014.

"The Obama NLRB has denied justice for these Lamons Gasket workers for three years," said Mark Mix, president of the National Right to Work Foundation. "Now that these workers finally have the overdue opportunity to determine their own union representation, this case proves once again that the Obama Labor Board's contorted ruling to kill the Dana Corp. precedent is a complete farce designed to further empower union operatives to steamroll workers into union ranks."

"President Obama and his hand-picked bureaucrats, operating under the guise of upholding federal labor law that purports to protect worker rights, are striving to make it next to impossible for independent-minded workers to stand up for their rights or remove an unwanted union hierarchy," added Mix.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Obama NLRB Excludes Worker Input in Case that Seeks to Restrict Workers' Ability to Remove Unwanted Union Bosses

General Counsel seeks to eliminate employees' ability to use a majority petition to end employer recognition of an unsupported union

San Francisco, CA (July 21 2014) – In a precedent-setting federal case, a National Labor Relations Board (NLRB) regional director has denied a local restaurant worker's motion to intervene to stop the federal agency from foisting unwanted union representation back on her workplace after she and her coworkers attempted to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Scoma's of Sausalito restaurant worker Georgina Canche will appeal the NLRB regional director's order to an NLRB Administrative Law Judge (ALJ).

Canche and a majority of her coworkers petitioned their employer to remove the UNITE HERE Local 2850 union from their workplace. After the workers presented the petition, restaurant management withdrew recognition of the union as the workers' monopoly bargaining representative as long-standing law allows.

Local 2850 union officials then filed federal charges with the NLRB in an attempt to nullify the workers' petition and insert the union hierarchy back into the workplace. The NLRB's General Counsel filed a complaint designed to force the restaurant to once again recognize the union as the workers' representative.

This aggressive policy of challenging employees' withdrawal petitions is being pushed by union lawyer Richard Griffin, who was installed as NLRB General Counsel in October 2013 by President Obama and Senator Harry Reid. Prior to being the Board's top lawyer in charge of enforcing federal labor laws, Griffin was an illegal recess appointee to the NLRB, as the U.S. Supreme Court ruled last month in Noel Canning v. NLRB.

"Without allowing workers a say in the process, the Obama NLRB is seeking to overturn long-standing precedent to make it more difficult for workers to remove an unwanted union hierarchy from their workplace," explained Mark Mix, President of the National Right to Work Foundation. "Highlighting the Obama Board's pro-forced unionism bias, the NLRB maintains that a company can recognize a union if a majority of workers sign union 'cards' through the notoriously unreliable card check method, while its top lawyer works to eliminate workers' ability to use a majority petition to oust an unwanted union."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Local Bus Drivers Overwhelmingly Vote to Remove Union

Workers vote to remove unwanted Amalgamated Transit Union from their workplace

Monroeville, PA (July 8, 2014) – Gateway School District bus drivers have overwhelmingly voted to remove a local union from their workplace.

The school bus drivers were finally allowed to vote to remove the union from their workplace after driver Robert Williams, who received free legal assistance from National Right to Work Foundation staff attorneys, and his coworkers petitioned the National Labor Relations Board (NLRB) for a secret-ballot election four times.

In July of last year, Student Transportation of America, Inc. took over bus services at the Gateway School District. Student Transportation of America then recognized Amalgamated Transit Union (ATU) Local 1729 union officials as the drivers' monopoly bargaining representative after a majority of their workforce was hired from the previous, unionized student transportation contractor.

After eight months of failed negotiations between the company and union, 102 of the roughly 105 bus drivers signed the fourth petition they filed with the NLRB asking for a secret-ballot election to determine whether or not to keep the union as their exclusive representative. ATU union officials moved to block the workers' petition, arguing that not enough time had passed for the workers to request an election. On May 8, an evidentiary hearing was held in Pittsburgh, at which Williams was represented by Foundation attorneys. The NLRB last month decided to allow the election to proceed.

On June 27, 87 percent of the bus drivers casting ballots voted to remove the unwanted union from their workplace.

"It is easy to see why Transit Union bosses repeatedly blocked these bus drivers' requests for a secret-ballot election to determine their union representation," said Mark Mix, president of the National Right to Work Foundation. "As a result of the decertification victory, these bus drivers will now be free to negotiate their own terms and conditions of employment, and be rewarded on their individual merit."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Bus Driver Union Fails to Block Workers' Overwhelming Request for Election to Remove Union

102 of the 105 workers requested secret-ballot election to determine whether to remove the union from their workplace

Monroeville, PA (June 13, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, Gateway School District bus drivers have won the right to a secret-ballot vote to determine whether if they want to remove the union from their workplace.

The bus drivers will finally have a chance to vote on June 27, 2014, after driver Robert Williams and his coworkers petitioned the National Labor Relations Board (NLRB) for the secret-ballot election four times.

In July of last year, Student Transportation of America, Inc. took over bus services at the Gateway School District. Student Transportation of America then recognized Amalgamated Transit Union (ATU) Local 1729 union officials as the drivers' monopoly bargaining representative after a majority of their workforce was hired from the previous, unionized student transportation contractor.

After eight months of failed negotiations, 102 of the roughly 105 bus drivers signed the fourth petition they filed with the NLRB asking for a secret-ballot election to determine whether or not to keep the union bosses as their exclusive representative. ATU union officials moved to block the workers' petition, arguing that not enough time had passed for the workers to request an election. On May 8, an evidentiary hearing was held in Pittsburgh, at which Williams was represented by Foundation attorneys.

Late last week, the NLRB Regional Director ruled in favor of the workers' request for the election, which has been scheduled for June 27.

"Transit Union bosses repeatedly blocked these bus drivers' attempts for a secret-ballot election to determine their union representation, even though nearly every single one of them expressed their desire for one," said Mark Mix, president of the National Right to Work Foundation. "This case underscores the need for Pennsylvania to become a Right to Work state making union affiliation and dues payments completely voluntary."

Twenty-four states have Right to Work protections for workers. Recent public polling shows that nearly 80 percent of Americans support the Right to Work principle of voluntary unionism.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Right to Work Foundation Files Circuit Court Appeal for Workers Seeking to Eject Unwanted Teamsters Union

National Labor Relations Board ignored the wishes of an overwhelming majority of workers who wanted to remove the union

Washington, DC (June 3, 2014) –National Right to Work Foundation staff attorneys have just asked the D.C. Circuit Court of Appeals to overturn a National Labor Relations Board (NLRB) decision that prevents Latino Express employees in Lyons, Illinois from ejecting an unwanted union.

In the spring of 2012, fifty-four of the eight-four Latino Express employees in Lyons signed a decertification petition to remove the Teamsters Local 777 union. Latino Express withdrew recognition of the union, but Teamster operatives filed unfair labor practice charges against the company to block workers’ attempt to get rid of them.

With the help of Foundation staff attorneys, 32 Latino Express employees subsequently moved to intervene in the hearing on the union’s unfair labor practice charges to defend their decision to get rid of the unwanted union. Unfortunately, an Administrative Law Judge denied the workers’ motion.

Even though a clear majority of employees were dissatisfied with the union, the Administrative Law Judge subsequently reinstalled the Teamsters Local 777 union as the monopoly bargaining agent for Latino Express employees. Right to Work staff attorneys appealed that decision to the National Labor Relations Board, but the Board rejected the employees’ arguments.

Consequently, union officials are empowered to negotiate terms and conditions of employment for Latino Express workers, even those who oppose the union’s presence.

Foundation attorneys are now appealing the NLRB’s ruling to the U.S. Court of Appeals for the D.C. Circuit. They contend that the Board should respect the wishes of a majority of Latino Express employees and not punish workers for any alleged wrongdoing committed by their employer.

“Latino Express employees have repeatedly expressed their desire to get rid of an unwanted Teamsters union,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “So far, the NLRB has ignored their wishes in favor of protecting union bosses’ monopoly bargaining privileges.”

“We hope this appeal will uphold the right of employees to rid themselves of an unwanted union,” continued Semmens.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Wallops Island NASA Employee Files Federal Brief in Union Election Dispute

Government union's stalling tactics block workers' representation vote

Washington, DC (April 3, 2014) – A Wallops Island NASA employee filed a federal brief with the Federal Labor Relations Authority (FLRA) defending his and his coworkers' request to vote on their union representation for the first time in 40 years.

Ronald Walsh, a 10 year NASA employee, filed the brief yesterday with free legal assistance from National Right to Work Foundation staff attorneys.

Forty years ago, the American Federation of Government Employees (AFGE) union hierarchy won monopoly bargaining powers in Walsh's workplace. Since then, five AFGE-affiliated unions have enjoyed monopoly bargaining powers over the workplace without a vote.

Walsh believed that the union in his workplace was out of tune with the majority of his coworkers. So in June, 2013, Walsh circulated a decertification petition at his workplace seeking a vote which would allow the workers to determine if they would like to keep the AFGE Local 1923 union in their workplace. Within a few days, Walsh obtained the required 30 percent of his coworkers' signatures and filed the petition on June 17, 2013.

An FLRA Regional Director dismissed Walsh's petition, stating that he could only file it between July 10 and August 26, 2013. However, the FLRA Regional Director allowed the union to wait to object to Walsh's petition on those grounds until August 27, 2013 – one day after the supposed deadline.

Had the union made its objection within the "window period," when originally due, Walsh would have been able to timely refile his petition.

In the brief, Walsh points out that the FLRA's so-called "window period" does not apply to decertification petitions filed by individuals and that any other interpretation of the statute could violate workers' First Amendment rights.

"No worker should be forced to accept a union's representation without a say in the matter," said Mark Mix, President of the National Right to Work Foundation. "The FLRA should allow these workers a voice to determine for themselves what union 'represents' them or if they even want something to do with a union in the first place."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Pro-Act 10 Settlement in Wisconsin Teachers' Lawsuit Clears Path for Union Recertification Elections

Teachers win right to union recertification elections guaranteed under law

Waukesha, WI (December 5, 2013) – The Waukesha County Circuit Court has approved a settlement between five Wisconsin public school teachers and the Wisconsin Employment Relations Commission (WERC) that will allow teachers across the state to determine whether union officials can continue to claim to represent those teachers in their respective workplaces guaranteed under Wisconsin Act 10.

With the help of attorneys from the National Right to Work Foundation and the Wisconsin Institute for Law and Liberty, five Wisconsin public school teachers filed a lawsuit in the state court last month against the WERC after WERC officials canceled the teachers' recertification elections.

The WERC cancelled the elections, which were originally scheduled to take place in early November, after a Dane County Circuit Court judge halted implementation of the law.

All five teachers are employed in workplaces where they are subject to a union monopoly bargaining agreement, which means all five have been forced to accept the union's so-called "representation." The teachers work in school districts in Waukesha, Milwaukee, La Crosse, Racine, and Elmbrook.

Wisconsin Act 10 prevents government sector union officials from forcing nonmember workers to pay any union fees, restricts union monopoly bargaining to the issue of employee wages, ends the use of taxpayer funded payroll systems for the collection of union dues, and guarantees that public workers will vote on their union representation yearly.

In compliance with the court's judgment approving the settlement, the WERC began conducting secret-ballot recertification elections on November 29, 2013.

Last week, the Wisconsin Supreme Court issued a ruling vacating the Dane County Circuit Court judge's order that had prohibited the WERC from conducting recertification elections.

"Many independent-minded civil servants have no interest in associating with government sector unions and they deserve to have their voices heard," said Mark Mix, President of the National Right to Work Foundation. "Act 10 protects those workers' right to do so and now these civil servants will be allowed to participate in the elections that they were promised to express their interests regarding union representation."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Five Wisconsin Teachers File Lawsuit Seeking Act 10 Enforcement

Teachers seek union recertification elections guaranteed under law

Waukesha, WI (October 30, 2013) – With the help of attorneys from the National Right to Work Foundation and the Wisconsin Institute for Law and Liberty, five Wisconsin public school teachers have filed a lawsuit in state court against the Wisconsin Employment Relations Commission (WERC).

In the lawsuit, the teachers seek the secret-ballot recertification elections, guaranteed under Wisconsin Act 10, which will allow teachers across the state to determine whether union officials can continue to claim to represent those teachers in their respective workplaces.

All five teachers are employed in workplaces where they are subject to a union monopoly bargaining agreement, which means all five have been forced to accept the union's so-called "representation." The teachers work in school districts in Waukesha, Milwaukee, La Crosse, Racine, and Elmbrook.

Wisconsin Act 10 prevents public sector union officials from collecting any money from nonmember workers, restricts union monopoly bargaining to the issue of employee wages, ends the use of taxpayer funded payroll systems for the collection of union dues, and guarantees that public workers will vote on their union representation yearly.

After a Dane County Circuit Court judge recently halted implementation of the law, WERC officials canceled the teachers' recertification elections. The elections were originally scheduled to take place in November.

Alternatively, the teachers ask that if the court does not declare that WERC must hold the recertification elections, then the teachers should be granted their right to represent themselves individually regarding the terms and conditions of their employment.

"Many independent-minded civil servants have no interest in associating with government sector unions and they deserve to have their voices heard," said Mark Mix, President of the National Right to Work Foundation. "Act 10 protects those workers' right to do so and we hope these civil servants will be allowed to participate in the elections that they were promised to express their interests regarding their union representation."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.
News Release

Worker Rights Advocate Blasts McCain/Reid NLRB Deal

President’s NLRB appointments will pave the way for at least three more years of forced-unionism giveaways

Washington, DC (July 16, 2013) – Mark Mix, President of the National Right to Work Legal Defense Foundation, issued the following statement in response to President Barack Obama's reported new nominations to the National Labor Relations Board (NLRB):

"Union bosses know their coercive agenda is overwhelmingly unpopular with the American people. This is why they've turned to unelected administrative agencies like the NLRB to push through much of what they cannot get through Congress.

"And after Senator John McCain apparently struck a backroom deal today with Senate Democrats to sell out independent-minded workers, the Obama White House wasted no time meeting with union bosses to determine who they want on the agency to enact their radical agenda.

"Even though the American people who are outraged by this rouge NLRB were not included in these discussions, Obama's NLRB appointments will pave the way for at least three more years of the very forced-unionism giveaways union bosses failed to obtain through the legislative process.

"Obama reportedly will nominate career union lawyers Nancy Schiffer and Kent Hirozawa to the NLRB. Both NLRB nominees, who are practically guaranteed to be confirmed, are staunch pro-forced unionism advocates.

"Schiffer is a long-time supporter of 'card check' unionization and has testified before Congress in favor of this coercive scheme.

"Meanwhile, Foundation staff attorneys squared off against Kent Hirozawa in a case in which union officials unlawfully retaliated against a worker for initiating a successful workplace decertification drive to eject the unwanted union from her workplace.

"The worker received free legal assistance from National Right to Work Foundation attorneys after her home was flooded with hundreds of unwanted magazines and advertisements, jeopardizing her credit rating."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.

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