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News Release

Federal Government to Prosecute Technicians and Carpenters Unions for Violating Employee Rights

Chula Vista, Calif. (May 1, 2003) — Responding to charges brought by two employees of Raytheon Technical Services, the National Labor Relations Board (NLRB) will prosecute the Electronic and Space Technicians (EST) Local 1553 and its affiliate, the Southwest Regional Council of Carpenters (SWRCC) for unfair labor practices.

Enjoying free legal aid from the National Right to Work Foundation, Michael Adams and Brent Bull filed the charges against EST and SWRCC union officials for refusing to honor their resignations from the union, and for threatening them with internal union “disciplinary” charges. The NLRB has set a trial date for August 11, 2003.

“Unfortunately, this is not an isolated incident. Union bosses routinely trample the rights of workers they claim to represent,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “No one should be forced to pay compulsory dues to a union, especially when its officials continually abuse that federally granted special privilege.”

As part of their charges, Bull and Adams, and sixteen other employees, also allege that union officials never properly informed any of the workers at the facility of their rights to refrain from formal, full-dues-paying union membership. The workers are also demanding the union drop its “disciplinary” charges, and properly inform workers of their rights.

“This shows that union bosses are more concerned with keeping workers in line rather than actually respecting the rights of the workers they are supposed to be protecting,” said Gleason.

EST and SWRCC union officials’ actions violated the workers’ rights established by the U.S. Supreme Court’s Pattern Makers v. NLRB decision. Under Pattern Makers, unions must accept all resignations from union members, and they cannot threaten or discipline employees because they choose to resign from the 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.

Orlando-area Electrical Union Forced to Halt Bully Tactics Directed at Dissenting Employees

Orlando, FL. (April 30, 2003) — After finding merit to unfair labor practice charges brought by eleven union-abused employees of Agere Systems (formerly Lucent Technologies), the National Labor Relations Board (NLRB) brokered a settlement agreement which forces union officials to cease all threats of fines and vandalism to the non-striking workers’ vehicles. National Right to Work Foundation attorneys assisted Alan Olds and similarly abused Agere Systems employees in filing the charges at the NLRB after International Brotherhood of Electrical Workers (IBEW) Local 2000 officials illegally threatened retaliation against employees who continued to work during a 1998 strike. The settlement requires IBEW union officials to post a notice for 60 days, conspicuously at locations within Agere Systems’ main office, informing workers of their right to withdraw immediately at any time from union membership. The notice will also state that all resignations will be accepted, and that non-union workers need not fear retaliation from the union hierarchy in the form of vandalism, retaliatory fines, or other intimidation tactics used by IBEW union agents. Union officials must rescind disciplinary fines of as much as $1,790 per worker. “The bully-boy tactics employed by IBEW officials to silence employee dissent are despicable,” said Stefan Gleason, Vice President of the National Right to Work Legal Defense Foundation. “Unfortunately, even in states like Florida where important Right to Work protections exist, many workers still suffer intimidation at the hands of union bosses.” The workers filed charges in the fall of 1998, after IBEW Local 2000 officials ordered them off the job during a strike against Lucent Technologies. As the strike progressed, many workers wished to exercise their right to resign from the union and return to work. When workers started exercising their Right to Work, IBEW union officials misled scores of workers by telling them that they could not resign from the union. Under the Supreme Court’s Patternmakers v. NLRB decision, employees who wish to resign from a union may do so simply by sending a resignation letter to the union. One day after the letter is postmarked, they can return to their jobs without facing union-imposed strike fines.

News Release

Orlando-area Electrical Union Forced to Halt Bully Tactics Directed at Dissenting Employees

Orlando, FL. (April 30, 2003) — After finding merit to unfair labor practice charges brought by eleven union-abused employees of Agere Systems (formerly Lucent Technologies), the National Labor Relations Board (NLRB) brokered a settlement agreement which forces union officials to cease all threats of fines and vandalism to the non-striking workers’ vehicles.

National Right to Work Foundation attorneys assisted Alan Olds and similarly abused Agere Systems employees in filing the charges at the NLRB after International Brotherhood of Electrical Workers (IBEW) Local 2000 officials illegally threatened retaliation against employees who continued to work during a 1998 strike.

The settlement requires IBEW union officials to post a notice for 60 days, conspicuously at locations within Agere Systems’ main office, informing workers of their right to withdraw immediately at any time from union membership. The notice will also state that all resignations will be accepted, and that non-union workers need not fear retaliation from the union hierarchy in the form of vandalism, retaliatory fines, or other intimidation tactics used by IBEW union agents. Union officials must rescind disciplinary fines of as much as $1,790 per worker.

“The bully-boy tactics employed by IBEW officials to silence employee dissent are despicable,” said Stefan Gleason, Vice President of the National Right to Work Legal Defense Foundation. “Unfortunately, even in states like Florida where important Right to Work protections exist, many workers still suffer intimidation at the hands of union bosses.”

The workers filed charges in the fall of 1998, after IBEW Local 2000 officials ordered them off the job during a strike against Lucent Technologies. As the strike progressed, many workers wished to exercise their right to resign from the union and return to work. When workers started exercising their Right to Work, IBEW union officials misled scores of workers by telling them that they could not resign from the union.

Under the Supreme Court’s Patternmakers v. NLRB decision, employees who wish to resign from a union may do so simply by sending a resignation letter to the union. One day after the letter is postmarked, they can return to their jobs without facing union-imposed strike fines.

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.

U.S. Court of Appeals Defers to Oklahoma Supreme Court on Right to Work Case

Oklahoma City, Okla. (April 29, 2003) – Ironically arguing that the state of Oklahoma cannot protect the right to join a union, union lawyers have successfully stalled a final decision as to whether Oklahoma’s popular Right to Work constitutional amendment will be upheld. The U.S. Court of Appeals for the Tenth Circuit – based in Denver – has ruled that certain provisions of the Right to Work law are preempted by federal law, but has referred to the Oklahoma State Supreme Court the state law question as to whether the core of the law is “severable” and will ultimately be allowed to stand. “This is a last ditch effort by union bosses to defy the will of Oklahoma’s voters, who decisively rejected Big Labor’s self-serving propaganda and scare tactics by establishing a statewide policy of voluntary unionism,” said Stefan Gleason, Vice President of the National Right to Work Foundation, whose legal-aid attorneys have been representing employees defending the Right to Work law from this union attack. “Oklahoma citizens are already reaping the economic benefits of the new Right to Work Law, to say nothing of the additional protection of individual rights that it provides. That is why union operatives are so angry.” In September 2001, Oklahoma voters enacted State Question 695, making Oklahoma the nation’s twenty-second Right to Work state. The Right to Work constitutional amendment bans the widespread union practice of forcing workers to join an unwanted union or pay union dues as a condition of employment. In November 2001, the Oklahoma AFL-CIO, six local unions, and a heavily unionized company filed suit in the U.S. District Court for the Eastern District of Oklahoma to overturn the amendment. The U.S. District Court ruled favorably on motions submitted by Governor Frank Keating’s legal team and attorneys for the National Right to Work Foundation, who represented three Oklahoma workers in defending the law. The District Court held that, as in other states, the Right to Work law cannot be enforced with regard to employees covered by the Railway Labor Act (RLA) or employees of the federal government. But the law clearly and constitutionally protects employees who work for private companies under the National Labor Relations Act (NLRA). The Tenth Circuit in a ruling issued recently held that the provision in Oklahoma’s Right to Work Law that protects the right to join a union is also preempted by the NLRA (which already protects that very right), and thus can only be enforced as to public employees in the state. The State Supreme Court must now decide whether the preempted provisions of the law are severable from the core of the law, which establishes the right of employees not to join or financially support an unwanted union.

News Release

U.S. Court of Appeals Defers to Oklahoma Supreme Court on Right to Work Case

Oklahoma City, Okla. (April 29, 2003) – Ironically arguing that the state of Oklahoma cannot protect the right to join a union, union lawyers have successfully stalled a final decision as to whether Oklahoma’s popular Right to Work constitutional amendment will be upheld.

The U.S. Court of Appeals for the Tenth Circuit – based in Denver – has ruled that certain provisions of the Right to Work law are preempted by federal law, but has referred to the Oklahoma State Supreme Court the state law question as to whether the core of the law is “severable” and will ultimately be allowed to stand.

“This is a last ditch effort by union bosses to defy the will of Oklahoma’s voters, who decisively rejected Big Labor’s self-serving propaganda and scare tactics by establishing a statewide policy of voluntary unionism,” said Stefan Gleason, Vice President of the National Right to Work Foundation, whose legal-aid attorneys have been representing employees defending the Right to Work law from this union attack.

“Oklahoma citizens are already reaping the economic benefits of the new Right to Work Law, to say nothing of the additional protection of individual rights that it provides. That is why union operatives are so angry.”

In September 2001, Oklahoma voters enacted State Question 695, making Oklahoma the nation’s twenty-second Right to Work state. The Right to Work constitutional amendment bans the widespread union practice of forcing workers to join an unwanted union or pay union dues as a condition of employment.

In November 2001, the Oklahoma AFL-CIO, six local unions, and a heavily unionized company filed suit in the U.S. District Court for the Eastern District of Oklahoma to overturn the amendment. The U.S. District Court ruled favorably on motions submitted by Governor Frank Keating’s legal team and attorneys for the National Right to Work Foundation, who represented three Oklahoma workers in defending the law.

The District Court held that, as in other states, the Right to Work law cannot be enforced with regard to employees covered by the Railway Labor Act (RLA) or employees of the federal government. But the law clearly and constitutionally protects employees who work for private companies under the National Labor Relations Act (NLRA).

The Tenth Circuit in a ruling issued recently held that the provision in Oklahoma’s Right to Work Law that protects the right to join a union is also preempted by the NLRA (which already protects that very right), and thus can only be enforced as to public employees in the state. The State Supreme Court must now decide whether the preempted provisions of the law are severable from the core of the law, which establishes the right of employees not to join or financially support 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.

Teacher Files Suit to Establish Right of Union Members to Withhold Funds Spent for Union Political Agenda

Benton, Tenn. (April 24, 2003) — In a rare challenge to the coercive power of union officials to compel teachers to support political activities as a condition of union membership, a Polk County teacher filed suit against the National Education Association (NEA) affiliates in Tennessee for expelling him from the union because he objected to supporting their political activities. Dewey Esquinance, with the help of attorneys with the National Right to Work Foundation, filed the suit against the NEA’s affiliates, the Polk County Education Association (PCEA) and the Tennessee Education Association (TEA), in the state of Tennessee Circuit Court of Polk County. If victorious, Esquinance’s suit will result in either 1) the right for full union members to withhold union dues spent for ideological activity without losing their right to vote on the collective bargaining agreements that bind them, or 2) a ruling striking down union monopoly bargaining power -- also known as “exclusive representation”-- as unconstitutional under the Tennessee constitution. “This case will test whether NEA officials care more about actually representing workers, or simply shaking them down to finance their radical political agenda,” said Stefan Gleason, Vice President of the National Right to Work Foundation. In September 2002, Esquinance joined the PCEA and began paying full union dues, even though he objected to the NEA’s political agenda. When Esquinance notified union officials that he wanted to remain a full union member, but only pay for activities related to collective bargaining, union officials informed him his union membership was terminated and there was no appeal process. Esquinance objects to the NEA and its affiliates using his dues to promote a political agenda that takes pro-abortion, pro-race preferences, and pro-homosexuality positions. The NEA is one of the most politically active unions in the country; every year it seizes millions of dollars in compulsory dues to support candidates and causes that many teachers members find objectionable. However, as a non-member Esquinance loses several privileges that union members enjoy, including voting on the collective bargaining agreement that binds him to certain terms and conditions of employment, as well as a voice in determining the criteria for teacher evaluations, control of sick bank donations, and access to teacher training. As a non-union member, Esquinance would automatically forfeit these benefits. Esquinance is challenging the membership dues based on the rights established by the Foundation-won U.S. Supreme Court decision in Abood v. Detroit Board of Education. Under Abood and subsequent rulings, employees have a constitutional right to refuse to pay for union non-collective bargaining activities and ideological activities -- such as politics.

News Release

Teacher Files Suit to Establish Right of Union Members to Withhold Funds Spent for Union Political Agenda

Benton, Tenn. (April 24, 2003) — In a rare challenge to the coercive power of union officials to compel teachers to support political activities as a condition of union membership, a Polk County teacher filed suit against the National Education Association (NEA) affiliates in Tennessee for expelling him from the union because he objected to supporting their political activities.

Dewey Esquinance, with the help of attorneys with the National Right to Work Foundation, filed the suit against the NEA’s affiliates, the Polk County Education Association (PCEA) and the Tennessee Education Association (TEA), in the state of Tennessee Circuit Court of Polk County.

If victorious, Esquinance’s suit will result in either 1) the right for full union members to withhold union dues spent for ideological activity without losing their right to vote on the collective bargaining agreements that bind them, or 2) a ruling striking down union monopoly bargaining power -- also known as “exclusive representation”-- as unconstitutional under the Tennessee constitution.

“This case will test whether NEA officials care more about actually representing workers, or simply shaking them down to finance their radical political agenda,” said Stefan Gleason, Vice President of the National Right to Work Foundation.

In September 2002, Esquinance joined the PCEA and began paying full union dues, even though he objected to the NEA’s political agenda. When Esquinance notified union officials that he wanted to remain a full union member, but only pay for activities related to collective bargaining, union officials informed him his union membership was terminated and there was no appeal process.

Esquinance objects to the NEA and its affiliates using his dues to promote a political agenda that takes pro-abortion, pro-race preferences, and pro-homosexuality positions. The NEA is one of the most politically active unions in the country; every year it seizes millions of dollars in compulsory dues to support candidates and causes that many teachers members find objectionable.

However, as a non-member Esquinance loses several privileges that union members enjoy, including voting on the collective bargaining agreement that binds him to certain terms and conditions of employment, as well as a voice in determining the criteria for teacher evaluations, control of sick bank donations, and access to teacher training. As a non-union member, Esquinance would automatically forfeit these benefits.

Esquinance is challenging the membership dues based on the rights established by the Foundation-won U.S. Supreme Court decision in Abood v. Detroit Board of Education. Under Abood and subsequent rulings, employees have a constitutional right to refuse to pay for union non-collective bargaining activities and ideological activities -- such as politics.

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.

U.S. Court of Appeals Upholds President Bush’s Union Dues Executive Order

Washington, D.C. (April 22, 2003) – The U.S. Court of Appeals for the District of Columbia today upheld President George W. Bush’s Executive Order requiring federal contractors to post notices informing employees that they cannot be compelled to join a union or pay union dues spent for partisan politics or other activities unrelated to collective bargaining. The 2-1 decision overturns a previous ruling from the U. S. District Court for the District of Columbia that invalidated the President’s Executive Order. In addition to defending the order as amicus curiae in the case, the National Right to Work Foundation had called upon the Bush administration to appeal the District Court’s original decision and delivered over 100,000 signed grassroots petitions urging President Bush to defend his Executive Order from union attack. “This ruling is a step toward informing employees they have the right not to be shaken down to pay for union political activities,” stated Stefan Gleason, Vice President of the National Right to Work Legal Defense Foundation. “No employee should be forced to fund a political agenda they abhor as a job condition.” Signed on February 17, 2001, Executive Order 13201 would affect a segment of the 12 million American employees compelled to pay union dues as a condition of employment, as it requires companies with federal contracts to inform workers of their rights under the Foundation-won Supreme Court decision in Communications Workers v. Beck. Bush’s father issued a similar Executive Order in April of 1992 that was immediately revoked at the request of union officials when President Clinton took office in 1993. Additionally, the Clinton National Labor Relations Board stonewalled the enforcement of these precious employee protections, often leaving many cases languishing within the bureaucracy for six or more years. To this day, the NLRB has failed to enforce the Beck decision aggressively. In January 2002, Judge Henry H. Kennedy of the U. S. District Court for the District of Columbia enjoined the implementation of the President’s directive on the grounds that the action was preempted by Congress – despite the fact that Bush’s Executive Order only seeks to enforce the Supreme Court’s interpretation of congressionally enacted law. In May 2001, a group of unions filed the case, known as UAW-Labor Employment and Training Corporation et al. v. Chao et al.

News Release

U.S. Court of Appeals Upholds President Bush’s Union Dues Executive Order

Washington, D.C. (April 22, 2003) – The U.S. Court of Appeals for the District of Columbia today upheld President George W. Bush’s Executive Order requiring federal contractors to post notices informing employees that they cannot be compelled to join a union or pay union dues spent for partisan politics or other activities unrelated to collective bargaining.

The 2-1 decision overturns a previous ruling from the U. S. District Court for the District of Columbia that invalidated the President’s Executive Order. In addition to defending the order as amicus curiae in the case, the National Right to Work Foundation had called upon the Bush administration to appeal the District Court’s original decision and delivered over 100,000 signed grassroots petitions urging President Bush to defend his Executive Order from union attack.

“This ruling is a step toward informing employees they have the right not to be shaken down to pay for union political activities,” stated Stefan Gleason, Vice President of the National Right to Work Legal Defense Foundation. “No employee should be forced to fund a political agenda they abhor as a job condition.”

Signed on February 17, 2001, Executive Order 13201 would affect a segment of the 12 million American employees compelled to pay union dues as a condition of employment, as it requires companies with federal contracts to inform workers of their rights under the Foundation-won Supreme Court decision in Communications Workers v. Beck. Bush’s father issued a similar Executive Order in April of 1992 that was immediately revoked at the request of union officials when President Clinton took office in 1993.

Additionally, the Clinton National Labor Relations Board stonewalled the enforcement of these precious employee protections, often leaving many cases languishing within the bureaucracy for six or more years. To this day, the NLRB has failed to enforce the Beck decision aggressively.

In January 2002, Judge Henry H. Kennedy of the U. S. District Court for the District of Columbia enjoined the implementation of the President’s directive on the grounds that the action was preempted by Congress – despite the fact that Bush’s Executive Order only seeks to enforce the Supreme Court’s interpretation of congressionally enacted law. In May 2001, a group of unions filed the case, known as UAW-Labor Employment and Training Corporation et al. v. Chao et al.

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.

Ninth Circuit Rules That Union Hiring Hall Unlawfully Discriminated Against Non-Union Worker

Las Vegas, Nev. (April 21, 2003) — The Ninth Circuit Court of Appeals reversed a decision by the National Labor Relations Board (NLRB) and ruled it is a violation of federal law for union officials to arbitrarily expel workers from an exclusive union hiring hall, deny them the ability to obtain work, and offer them no means of reinstatement. The court’s ruling comes in a case brought by Las Vegas-area worker Steven Lucas, with the help of attorneys from the National Right to Work Foundation, challenging a ruling from the Clinton-NLRB. In 1999, the NLRB ruled in favor of union officials from the International Alliance of Theatrical Stage Employees (IATSE) Local 720 who faced unfair labor practice charges after expelling Lucas from the hiring hall and arbitrarily denying him any possibility for future reinstatement. “Employees should not face arbitrary and vindictive tactics at the hands of union bosses when running their hiring hall monopolies,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Through their mistreatment of Lucas, union officials were sending a message to other employees that the union hierarchy rules the roost.” Lucas was a union member from 1981-1992 and used the hiring hall until 1994, when union officials illegally and arbitrarily expelled him from the hiring hall. By not allowing Lucas to be reinstated in the hiring hall, IATSE union officials denied him opportunities to work in the Las Vegas trade show and convention industry. Even though Nevada has a highly popular and effective Right to Work law that frees nonunion employees from paying membership dues to an unwanted union, IATSE union officials use their monopoly bargaining privileges to set up exclusive hiring halls. In such halls, the union decides which employees to refer for work at conventions and trade shows, and the workers are forced to pay the union to be eligible for work. “Hiring halls allow union officials to undermine state Right to Work laws which are supposed to protect employees from compulsory unionism abuse,” stated Gleason. “The Ninth Circuit ruling gives workers a measure of protection from this corrupt system.”


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