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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.”

News Release

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.”

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.

Strike Against Lockheed Martin Underscores Big Labor’s Historical Exploitation of National Crises

Washington, D.C. (April 15, 2003) – The National Right to Work Foundation today blasted officials of the International Association of Machinists and Aerospace Workers (IAM) union for continuing to exploit America’s national security concerns for private gain by shutting down warplane production for the U.S. military. Directly from the union playbook used during other periods of national crisis, the strike at Lockheed Martin’s key Fort Worth, Texas, facility threatens to halt production of the F/A-22 jet fighter, which will replace the F-16 jet fighter. By ordering a strike, IAM union officials are attempting to force workers to put their allegiance to the union ahead of their employer and their country. In the past, workers who have decided to continue working have been the victims of hefty fines, harassment, and union violence. The Foundation announced it will provide free legal aid to workers seeking to honor their commitments to their families by continuing to work during the strike free from union retaliation. “Big Labor’s actions are callous and opportunistic. True to form they are exploiting a national crisis to force acceptance of their excessive demands,” stated Stefan Gleason, Vice President of the National Right to Work Legal Defense Foundation. “This is a perfect example of why workers should be freed from government-backed forced unionism, which gives union bosses a virtual stranglehold over workers’ jobs and America’s economy.” In March 2002, IAM union operatives also attempted to use strikes to halt production of the F-22 jet fighter and C130-J military transport planes, which were being used at the time by American forces in Afghanistan as part of the war on terrorism. Union officials have a long history of using national crises to expand their power and influence. During the Second World War, Big Labor used strikes and work stoppages to impose forced unionism on hundred of thousands of workers. In the most notorious of these strikes, union officials were able to shut down vital iron mines and ultimately persuaded the federal government to mandate that all mining employees pay union dues as a condition of employment. By the end of World War Two, over 78 percent of unionized employees were governed by contracts that required them to pay union dues as a condition of employment, an increase by a factor of four. In addition to the threat of strikes, union operatives have used the terrorist attacks on September 11 to try and advance forced unionism on Capitol Hill. In the days following the attack, union lobbyists attempted to push a bill that would impose forced unionism on police and fire-fighters, but so far have been defeated in their efforts. Union officials have described the bill, which was passed out of Ted Kennedy’s Senate Labor Committee last year without even a hearing, as “the largest expansion of labor (union) rights considered by Congress in decades.”

News Release

Strike Against Lockheed Martin Underscores Big Labor’s Historical Exploitation of National Crises

Washington, D.C. (April 15, 2003) – The National Right to Work Foundation today blasted officials of the International Association of Machinists and Aerospace Workers (IAM) union for continuing to exploit America’s national security concerns for private gain by shutting down warplane production for the U.S. military.

Directly from the union playbook used during other periods of national crisis, the strike at Lockheed Martin’s key Fort Worth, Texas, facility threatens to halt production of the F/A-22 jet fighter, which will replace the F-16 jet fighter. By ordering a strike, IAM union officials are attempting to force workers to put their allegiance to the union ahead of their employer and their country. In the past, workers who have decided to continue working have been the victims of hefty fines, harassment, and union violence.

The Foundation announced it will provide free legal aid to workers seeking to honor their commitments to their families by continuing to work during the strike free from union retaliation.

“Big Labor’s actions are callous and opportunistic. True to form they are exploiting a national crisis to force acceptance of their excessive demands,” stated Stefan Gleason, Vice President of the National Right to Work Legal Defense Foundation. “This is a perfect example of why workers should be freed from government-backed forced unionism, which gives union bosses a virtual stranglehold over workers’ jobs and America’s economy.”

In March 2002, IAM union operatives also attempted to use strikes to halt production of the F-22 jet fighter and C130-J military transport planes, which were being used at the time by American forces in Afghanistan as part of the war on terrorism.

Union officials have a long history of using national crises to expand their power and influence. During the Second World War, Big Labor used strikes and work stoppages to impose forced unionism on hundred of thousands of workers. In the most notorious of these strikes, union officials were able to shut down vital iron mines and ultimately persuaded the federal government to mandate that all mining employees pay union dues as a condition of employment.

By the end of World War Two, over 78 percent of unionized employees were governed by contracts that required them to pay union dues as a condition of employment, an increase by a factor of four.

In addition to the threat of strikes, union operatives have used the terrorist attacks on September 11 to try and advance forced unionism on Capitol Hill. In the days following the attack, union lobbyists attempted to push a bill that would impose forced unionism on police and fire-fighters, but so far have been defeated in their efforts. Union officials have described the bill, which was passed out of Ted Kennedy’s Senate Labor Committee last year without even a hearing, as “the largest expansion of labor (union) rights considered by Congress in decades.”

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.

Legal Technicalities Cause Dismissal of Federal Charges Against Johnson Controls/UAW Pact

Milwaukee, Wis. (April 10, 2003) – Citing the expiration of a six-month statute of limitations, the National Labor Relations Board (NLRB) avoided adjudicating unfair labor practice charges filed against Johnson Controls, Inc. (JCI) and the United Auto Workers (UAW) union for jointly coercing employees to sign union authorization cards as part of a so-called “neutrality” agreement. National Right to Work Legal Defense Foundation attorneys will appeal the dismissal of the first-of-its-kind case to the NLRB’s General Counsel in Washington, DC. Meanwhile, the Foundation is stepping up its efforts to locate union-abused employees in the many other JCI workplaces where the statute of limitations may not yet have expired. “We are committed to protecting workers from having their rights trampled under these insidious so-called ‘neutrality’ agreements,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “As union operatives increasingly use this organizing tactic to impose compulsory unionism on employees, we are certain that more individuals will come forward to challenge this new type of employer-union collusion.” Robert Walach, a non-union member, filed the charges in January against JCI and the UAW union challenging the so-called “neutrality” agreement as a violation of the National Labor Relations Act. As part of the agreement, workers are denied the ability to reject unionization through a secret ballot election, and union operatives are permitted to attain the appearance of support by using the notoriously abusive “card check” authorization scheme. Once UAW officials sign up a majority of the workers, JCI agrees to declare the union as the exclusive representative of all its workers, even those who did not sign a card. Bowing to pressure brought by UAW union operatives, JCI originally signed the pact last summer to halt crippling strikes staged by UAW officials at various unionized JCI facilities. Under the agreement union organizers are given full access to non-union employees’ personal information at the company’s 26 non-union facilities. The company’s non-union employees are forced to attend “captive audience” speeches in which they are told that, if they do not support the union’s organizing effort, they could risk losing potential job opportunities from Big Three automakers. Union operatives increasingly use “neutrality agreements” and other “top-down” organizing techniques to force employers to recognize unions without a vote by the workers. The National Right to Work Foundation’s legal challenge to this tactic is the first of its kind.

News Release

Legal Technicalities Cause Dismissal of Federal Charges Against Johnson Controls/UAW Pact

Milwaukee, Wis. (April 10, 2003) – Citing the expiration of a six-month statute of limitations, the National Labor Relations Board (NLRB) avoided adjudicating unfair labor practice charges filed against Johnson Controls, Inc. (JCI) and the United Auto Workers (UAW) union for jointly coercing employees to sign union authorization cards as part of a so-called “neutrality” agreement.

National Right to Work Legal Defense Foundation attorneys will appeal the dismissal of the first-of-its-kind case to the NLRB’s General Counsel in Washington, DC. Meanwhile, the Foundation is stepping up its efforts to locate union-abused employees in the many other JCI workplaces where the statute of limitations may not yet have expired.

“We are committed to protecting workers from having their rights trampled under these insidious so-called ‘neutrality’ agreements,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “As union operatives increasingly use this organizing tactic to impose compulsory unionism on employees, we are certain that more individuals will come forward to challenge this new type of employer-union collusion.”

Robert Walach, a non-union member, filed the charges in January against JCI and the UAW union challenging the so-called “neutrality” agreement as a violation of the National Labor Relations Act. As part of the agreement, workers are denied the ability to reject unionization through a secret ballot election, and union operatives are permitted to attain the appearance of support by using the notoriously abusive “card check” authorization scheme. Once UAW officials sign up a majority of the workers, JCI agrees to declare the union as the exclusive representative of all its workers, even those who did not sign a card.

Bowing to pressure brought by UAW union operatives, JCI originally signed the pact last summer to halt crippling strikes staged by UAW officials at various unionized JCI facilities. Under the agreement union organizers are given full access to non-union employees’ personal information at the company’s 26 non-union facilities. The company’s non-union employees are forced to attend “captive audience” speeches in which they are told that, if they do not support the union’s organizing effort, they could risk losing potential job opportunities from Big Three automakers.

Union operatives increasingly use “neutrality agreements” and other “top-down” organizing techniques to force employers to recognize unions without a vote by the workers. The National Right to Work Foundation’s legal challenge to this tactic is the first of its kind.

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.

Police Union Hierarchy Faces Charges for Violating Officers’ Rights

Oceanside, Calif. (April 9, 2003) — With free legal assistance from the National Right to Work Legal Defense Foundation, three City of Oceanside police officers filed charges with the California Public Employment Relations Board (PERB) against the local policemens’ union hierarchy for overtly discriminating against them as non-union members. Led by Detective Bobbie Joe Garza, the officers filed the unfair labor practice charges after the Oceanside Police Officers Association (OPOA) union illegally attempted to collect forced dues from their paychecks without providing an independent audit of how the forced fees were spent. The OPOA union officials’ actions violate California statutes and regulations that are intended to protect an employee’s right to refrain from formal membership, and not pay for activities unrelated to collective bargaining- such as union political activity. The charges seek to cease attempts to collect forced dues from all non-union members by the OPOA union until it provides an independently audited calculation of its costs. “This is a shakedown scam pulled by government union bosses to keep money pouring into their political coffers,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “This violation of these officers’ constitutional rights is symptomatic of the union’s emphasis on playing politics rather than representing employees.” Last month, OPOA union officials began illegally deducting the forced fees, totaling nearly $600 annually per officer, from the paychecks of non-union police officers. Though the union hierarchy provided a so-called “compilation” of its expenditures, the document specifically stated that the listing was not an audit, despite requirements of PERB Regulation 32992. Under Governor Gray Davis, California’s public sector unions have become notorious for their misuse of public employees’ forced dues for politics. Just last year, the United States District Court for the Eastern District of California ordered the Professional Engineers in California Government union to return nearly $300,000 to California state employees who were illegally forced to pay for lobbying and other union political activities.

News Release

Police Union Hierarchy Faces Charges for Violating Officers’ Rights

Oceanside, Calif. (April 9, 2003) — With free legal assistance from the National Right to Work Legal Defense Foundation, three City of Oceanside police officers filed charges with the California Public Employment Relations Board (PERB) against the local policemens’ union hierarchy for overtly discriminating against them as non-union members.

Led by Detective Bobbie Joe Garza, the officers filed the unfair labor practice charges after the Oceanside Police Officers Association (OPOA) union illegally attempted to collect forced dues from their paychecks without providing an independent audit of how the forced fees were spent.

The OPOA union officials’ actions violate California statutes and regulations that are intended to protect an employee’s right to refrain from formal membership, and not pay for activities unrelated to collective bargaining- such as union political activity. The charges seek to cease attempts to collect forced dues from all non-union members by the OPOA union until it provides an independently audited calculation of its costs.

“This is a shakedown scam pulled by government union bosses to keep money pouring into their political coffers,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “This violation of these officers’ constitutional rights is symptomatic of the union’s emphasis on playing politics rather than representing employees.”

Last month, OPOA union officials began illegally deducting the forced fees, totaling nearly $600 annually per officer, from the paychecks of non-union police officers. Though the union hierarchy provided a so-called “compilation” of its expenditures, the document specifically stated that the listing was not an audit, despite requirements of PERB Regulation 32992.

Under Governor Gray Davis, California’s public sector unions have become notorious for their misuse of public employees’ forced dues for politics. Just last year, the United States District Court for the Eastern District of California ordered the Professional Engineers in California Government union to return nearly $300,000 to California state employees who were illegally forced to pay for lobbying and other union political activities.

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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