Worker Decertification and Deauthorization Drives 

News Release

Fifth Time’s a Charm? Alabama NTN-Bower Employees Vote to Remove Unwanted Union Again in Fifth Election in Two Years

The UAW lost three previous votes and the fourth was thrown out due to ballot stuffing, but union lawyers resorted to legal stalling tactics to delay union decertification

Hamilton, AL (May 20, 2015) – Employees at a local NTN-Bower plant voted yesterday 74-52 to remove the United Auto Workers (UAW) Local 1990 union from their workplace. This marks the fifth time in less than two years employees at the facility have voted on decertifying the union. The UAW has lost four out of the past five elections, and the only vote the union won was tainted by blatant ballot-stuffing.

The National Labor Relations Board (NLRB) scheduled a fifth decertification election at the facility after a hearing officer found merit to UAW lawyers’ objections to the February 2015 vote against the union’s presence. Union officials now have one week to file objections with the NLRB contesting the most recent results.

Ginger Estes, who is receiving free legal assistance from National Right to Work Foundation staff attorneys, first requested a decertification election in 2013 along with many of her coworkers.

Estes believes that the UAW has mistreated independent-minded employees. “We have endured their intimidation,” she said.

Although a majority of workers voted against the UAW in the first election, union and company officials agreed to set aside the results and allow the employees to vote a second time. In the second election, workers also voted to remove the union. UAW officials promptly challenged the results, and a divided NLRB panel voted 2-1 to invalidate the outcome and schedule a third election.

On January 16, 2015, workers voted a third time on removing the UAW. The union narrowly avoided another loss, but the results were tainted by obvious ballot-stuffing. Despite the fact that only 140 employees at the facility were eligible to vote, 148 ballots were cast. Estes formally challenged the results with the help of Foundation staff attorneys, and the NLRB quickly agreed to schedule a fourth vote. On February 20, NTN-Bower employees again voted to eject the UAW from their workplace by a wide margin. Shortly afterwards, UAW lawyers convinced the NLRB to set aside the results and hold yet another vote.

"Once again, employees at the Hamilton NTN-Bower plant have made it abundantly clear that they are not interested in the UAW's so-called 'representation',” said Patrick Semmens, vice president of the National Right to Work Foundation. “Unfortunately, it has already taken these workers five elections in less than two years to rid themselves of one stubborn union.”

“While we applaud Ginger Estes and her coworkers for standing up for their right to represent themselves, employees shouldn't have to clear this many hurdles to remove an unwanted union,” continued Semmens. “It is our hope that the Obama NLRB will finally certify these results and not allow UAW bosses and lawyers to play more games to thwart the will of the employees at NTN-Bower."

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

NLRB Schedules Fifth Union Decertification Election at Alabama Plant Despite Workers Repeatedly Voting Against the UAW

Case highlights the obstacles workers face when attempting to eject an unwanted union

Hamilton, AL (May 7, 2015) – The National Labor Relations Board (NLRB) has scheduled a fifth union decertification election at a local NTN-Bower plant after a hearing officer found merit to United Auto Worker (UAW) lawyers’ objections to a February vote against the union’s presence. This will mark the fifth time in less than two years employees at the facility have voted on removing the union.

The UAW Local 1990 union is currently the exclusive bargaining agent for 140 employees at NTN-Bower’s Hamilton plant. Ginger Estes, who is receiving free legal assistance from National Right to Work Foundation staff attorneys, first requested an election with the NLRB in 2013 along with many of her coworkers to remove the UAW from their workplace.

Although a majority of workers voted against the UAW in the first election, union and company officials agreed to set aside the results and allow the employees to vote a second time. In the second election, workers elected to remove the union by a margin of two votes. UAW officials promptly challenged the results, and an NLRB panel voted to invalidate the outcome and schedule a third election.

On January 16, 2015, workers voted a third time to determine whether to remove the UAW. The union narrowly avoided another loss, but the results were tainted by obvious ballot stuffing. Despite the fact that only 140 employees at the facility were eligible to vote, 148 ballots were cast.

Estes formally challenged the results with the help of Foundation staff attorneys, and the NLRB quickly agreed to schedule a fourth vote. On February 20, NTN-Bower employees voted 82-50 to eject the UAW from their workplace. Despite losing the election by a wide margin, UAW lawyers convinced an NLRB hearing officer to set aside the results yet again and hold another vote.

The new election is scheduled for May 19, 2015.

“It shouldn’t take five votes to get rid of a union that has clearly overstayed its welcome,” said Mark Mix, president of the National Right to Work Foundation. “The NLRB has stacked the deck against workers seeking to remove unwanted unions, allowing union officials to throw out results that don’t go their way and hold onto power.”

“Ginger Estes’ saga highlights an ugly double standard in federal labor law,” continued Mix. “While the activist Obama NLRB makes it easier to organize workplaces by enacting new ‘ambush election’ rules to get unions certified, union lawyers are allowed to game the system by blocking or overturning workers’ votes against unwanted unions.”

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

Workers to Have Fourth Vote on Whether to Remove Union after Ballot Box Stuffing Taints Third Vote

Case underscores workers' difficulty in removing unwanted unions from their workplaces as workers take fourth vote in response to blatant irregularities in third election

Hamilton, AL (February 3, 2015) – Workers in a local parts manufacturing plant are voting a fourth time in a federally-supervised union election after union officials skirted being kicked out of the workplace in a recent election tainted by ballot stuffing and mishandling of ballots.

The National Labor Relations Board (NLRB) will conduct the fourth election after NTN-Bower Corporation employee Ginger Estes, who is receiving free legal assistance from National Right to Work Foundation staff attorneys, filed objections to the tainted third election.

United Auto Workers (UAW) union officials currently hold monopoly bargaining power over 140 NTN-Bower manufacturing workers. Ginger Estes and other employees at the plant requested an election with the NLRB in 2013 to determine whether to remove the UAW union from their workplace.

After workers cast ballots in the first election, union and company officials agreed to set aside that election and allow the workers to vote in a second election. In the second election, workers voted to remove the union by a margin of two votes. Union officials challenged the results of that election, and a 2-1 panel of the Obama Labor Board voted to invalidate the results and schedule a third election.

On January 16, 2015, workers voted a third time to determine whether to remove the UAW union from their workplace. Even though 139 workers voted in the third election out of the 140 eligible, 148 ballots were cast. UAW union officials skirted being kicked out of the workplace by a small margin.

After Estes formally challenged the results of the tainted third election, the NLRB and all parties agreed to hold a fourth election.

"This is a good example of a rigged election characterized by obvious ballot box stuffing and mishandling of ballots," said Mark Mix, president of National Right to Work. "This case underscores the difficulty workers often experience when trying to remove unwanted unions from their workplaces."

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

Rogue Obama NLRB Appointee Again Moves to Prevent Workers from Removing Unwanted Union from Workplace

General Counsel seeks to block workers' majority petition to end employer recognition of an unsupported union

Chicago, IL (October 23, 2014) – An Arlington Metals Corporation steelworker has moved to intervene to stop a federal agency from foisting unwanted union representation back on his workplace after he and his coworkers attempted to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Franklin Park-area Arlington Metals employee Brandon De La Cruz filed the motion with the National Labor Relations Board (NLRB) regional office in Chicago. Predictably, the NLRB General Counsel filed a brief in opposition to the workers' motion.

De La Cruz and a majority of his coworkers petitioned their employer to remove the United Steelworkers (USW) union from their workplace. After the workers presented the petition, Arlington Metals management withdrew recognition of the union as the workers' bargaining representative, as long-standing law permits.

USW union officials filed federal charges with the NLRB in an attempt to nullify the workers' petition and force the union hierarchy back into the workplace. The NLRB's General Counsel then issued a complaint to force the company to once again recognize the union as the workers' monopoly bargaining representative.

This new policy, in direct violation of U.S. Supreme Court precedent, is being pushed by union lawyer Richard Griffin, who was installed as NLRB General Counsel in October 2013. Prior to being the Board's top lawyer in charge of enforcing federal labor laws, Griffin's "recess" appointment to the NLRB was deemed illegal by the U.S. Supreme Court in late June.

"The NLRB General Counsel's rogue complaint and his opposition to employees' right to intervene to protect their decertification efforts flies in the face of long-standing precedent allowing workers to remove a union from their workplace with a showing of majority support," explained Mark Mix, President of the National Right to Work Foundation. "And the very workers who have a direct interest in the result of these proceedings have been thus far shut out."

"Highlighting the Obama Board's pro-forced unionism bias, the NLRB still maintains that a company can recognize a union if a majority of workers sign union 'cards' through the coercive and unreliable card check method, while its top lawyer works to eliminate workers' ability to use the same procedure to oust an unwanted union," 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 Labor Board Bucks Precedent and Positions Itself to Weaken Worker-Backed Elections to Remove Unwanted Unions

Workers will challenge NLRB attempt to destroy their ballots in vote to oust union

Chehalis, WA (October 20, 2014) – Disregarding its own long-standing precedent, the National Labor Relations Board (NLRB) has issued an order that continues the impoundment of Bradken, Inc. workers' ballots cast to determine whether the workers want to remove a local Machinist union from their workplace.

The NLRB's ruling endangers the results of an election initiated by Jonathan Fuller and his coworkers at the steel manufacturing facility to determine whether to remove the International Association of Machinists and Aerospace Workers (IAM) District W24 union as their monopoly bargaining representative. Fuller is receiving free legal assistance from National Right to Work Foundation staff attorneys.

On August 16, 2013, IAM union officials filed federal charges against Bradken during a contract dispute. On August 30, 2013, Fuller and his coworkers filed a petition seeking a decertification election to determine their union representation. On April 23, 2014, an NLRB Regional Director approved an agreement between IAM and Bradken officials that settled the union's charges with no admission of liability by Bradken. On June 5, the Regional Director ruled based on long-standing NLRB precedent that the facility's approximately ninety-eight workers could vote in a decertification election, which was held on July 1 despite IAM union officials' objections.

However, IAM union officials asked the NLRB in Washington, DC to review the Regional Director's decision allowing the election, causing the NLRB to impound the workers' ballots. IAM union lawyers argue that the Board should overturn the precedent that permits workers' decertification elections when union unfair labor practice charges are settled without an employer admission of wrongdoing.

On October 10, a three-member panel of the Board issued a 2-1 order granting the IAM's request for review, thereby leaving impounded the workers’ ballots. By not counting the ballots the NLRB leaves the union in place even though a majority of workers may have voted it out over a year ago. The grant of review signals the NLRB majority's embrace of the union officials' position that the ballots should be destroyed and the vote ruled invalid even though there is no current Board precedent for doing so under these circumstances.

"Taking its cue from Machinist union bosses, the Obama NLRB is positioning itself to eliminate a longstanding worker right to remove an unwanted union from their workplace during a dispute between the union and their employer," said Mark Mix, president of the National Right to Work Foundation. "If the Board does so, it would not be the first time the Obama NLRB destroyed workers' ballots when they sought to determine their own union representation."

In 2011, the NLRB overturned earlier Foundation-won protections for workers challenging union recognition via card check unionization. As a result, workers must now wait up to three years after the date of the first bargaining agreement between their employer and union officials before they can petition for a secret ballot vote. In the wake of that ruling, hundreds of worker ballots were destroyed.

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 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.

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