30 Jan 2009

Blacklisting Rule: Obama Makes First Major Payback to Big Labor

Posted in News Releases

Washington, DC (January 30, 2009) – President Barack Obama issued two decrees today intended to corral millions more American workers into forced unionism while blacklisting non-union employees from working on taxpayer funded projects.

“After spending more than a billion dollars in forced union dues to get Obama elected, the union bosses have received their first major payoff – two executive orders intended to grease the rails for coercive union organizing, give the Secretary of Labor the power to blacklist union-targeted employers and employees, and keep workers in the dark about their rights to refrain from union membership,” said Mark Mix, president of the National Right to Work Legal Defense Foundation. “Obama’s two executive orders serve one basic goal: to seize more forced dues revenue to fund Big Labor’s political agenda.”

Obama repealed Executive Order 13201 signed by President George W. Bush which had helped ensure that employees of federal contractors were informed of their rights under the U.S. Supreme Court case Communication Workers v. Beck (1988). Won by attorneys at the National Right to Work Foundation, Beck held that private-sector employees may be compelled to pay certain union dues, but may not be compelled to pay any dues or fees earmarked for union politics, lobbying, and other non-bargaining activities.

President Obama included the revocation of Beck rights notices in an executive order advertising, and essentially endorsing, the formation of unions under a theory (long discredited by academic research) that forcing employees into union collectives will somehow prevent “substantial obstructions to the free flow of commerce.”

The executive order also purports to give the Secretary of Labor the authority to determine what will be required by the notice, the authority to investigate violations, to hold hearings, and the power to punish violators of all federal labor laws mentioned in the notice. In effect, the Secretary of Labor would become an additional judge, jury, and executioner of federal labor laws with respect to federal contractors. Most importantly, the Secretary would determine whether a contractor would be fired by the federal government (apparently where the contractor has not even been found to have violated any laws by the law enforcement body of jurisdiction). Even President Bill Clinton stopped short of attempting to give the Secretary of Labor a "blacklisting" power, which is almost certainly unlawful.

Another new order effectively bars federal contractors from communicating truthful information about unionization to their employees.

“It’s disgusting to see this blatant payoff to Big Labor only two weeks into Obama’s term,” continued Mix. “Today, President Obama has sent an ominous message to the 93 percent of private sector workers in America who, for whatever reasons, have chosen not to unionize: You’re not welcome here.”

The executive orders can be read here and here

21 Jan 2009

U.S. Supreme Court Misses Opportunity to Expand Protections for Employees Forced to Pay Union Dues

Posted in Blog, News Releases

Today’s ruling highlights the need for Right to Work laws, which end forced unionism

Washington, DC (January 21, 2009) — Today, the U.S. Supreme Court unanimously ruled that Maine state employees can be compelled under penalty of losing their jobs to pay into an international union’s litigation slush fund – even where all the litigation expenditures are made outside of their own bargaining
unit.

In doing so, the High Court affirmed a ruling by the U.S. Court of Appeals for the First Circuit affirming a loose standard of protection under the U.S. Constitution for employees forced to pay dues as a condition of employment.

“America’s workers were not well served by this ruling. The U.S. Supreme Court missed an obvious opportunity to apply explicitly the same ‘strict scrutiny’ standard that applies under the First Amendment to other content-based government restrictions on free speech,” said Mark Mix, president of the National Right to Work Foundation, which provided free legal aid to the employees asserting their rights.

Read the rest of the Foundation’s press release here.

21 Jan 2009

U.S. Supreme Court Misses Opportunity to Expand Protections for Employees Forced to Pay Union Dues

Posted in News Releases

Washington, DC (January 21, 2009) — Today, the U.S. Supreme Court ruled that Maine state employees can be compelled under penalty of losing their jobs to pay into an international union’s litigation slush fund – even where all the litigation expenditures are made outside of their own bargaining unit.

In doing so, the High Court affirmed a ruling by the U.S. Court of Appeals for the First Circuit affirming a loose standard of protection under the U.S. Constitution for employees forced to pay dues as a condition of employment.

“America’s workers were not well served by this ruling. The U.S. Supreme Court missed an obvious opportunity to apply explicitly the same ‘strict scrutiny’ standard that applies under the First Amendment to other content-based government restrictions on free speech,” said Mark Mix, president of the National Right to Work Foundation, which provided free legal aid to the employees asserting their rights.

“Forced unionism is an outrageous situation. It results from actions by politicians to pay back the union bosses who got them elected by handing them the forced union dues of millions of employees in America.”

The employee petitioners in Daniel Locke et al. v. Edward Karass et al., asked the U.S. Supreme Court to provide much-needed clarity to the criteria it had established previously that determine what union activities employees can be lawfully forced to fund.

Unions spend billions of dollars each year on activities such as politics, organizing, litigation, lobbying, and a wide range of other ideological and non-bargaining activities. Yet union officials often claim that non-union members must foot the bill for these activities or be fired from their jobs.

The High Court’s ruling dealt with a special situation where, according to lower courts, employees who pay into a national litigation pooling arrangement could theoretically at some time benefit from litigation expenditures for their own bargaining unit.

“Because of the narrowness of the issue involved, we are optimistic that collateral damage to employee rights will be minimized,” continued Mix. “More fundamentally, however, this decision also highlights the need for state Right to Work laws which prevent union officials from extracting any compulsory dues from individual employees as a condition of employment.”

Locke is the 14th case brought by National Right to Work Legal Defense Foundation attorneys decided by the U.S. Supreme Court.

16 Jan 2009

Cameraman Challenges Pervasive Entertainment Industry Scheme to Force Workers into Union Ranks

Posted in News Releases

New York, NY (January 16, 2009) – Today, National Right to Work Foundation attorneys filed unfair labor practice charges for an independent cameraman who was threatened with blacklisting unless he joined a union and paid a $5,950 initiation fee.

The case challenges a common, though illegal, practice in the entertainment industry that union officials use to compel actors, employees, and independent contractors to join or pay dues to a union even though they have not continuously worked for an individual employer for the 30 days required by statute.

Brian Johnson, a cameraman employed by ESPN, is occasionally designated as a «daily hire» for the American Broadcasting Company (ABC) when ABC broadcasts ESPN sports programming. ABC and the National Association of Broadcast Employees and Technicians Local 16 – Communication Workers of America (NABET-CWA) union are party to a monopoly bargaining agreement that governs terms of employment for freelance workers. Under this agreement, workers employed by ABC for 20 days in a year or more than 30 days over a two year period are required to become union members.

However, federal law states that employees cannot be legally forced into a union’s monopoly bargaining ranks unless they work for 30 consecutive days for a single employer. Johnson was never employed by ABC for longer than the prescribed 30 day period. Nevertheless, NABET-CWA Local 16 ordered him to join the union on December 3, 2008.

Union officials also informed Johnson that formal union membership was a condition of future employment with ABC. Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, however, employees cannot be compelled become formal, full dues-paying union members as a condition of employment. Workers can be forced to pay certain union fees related to workplace bargaining.

Adding insult to injury, union officials attempted to extract an exorbitant “union initiation fee” of $5,950 from Johnson.

“Even though the entertainment unions’ ‘30 days in two years’ standard has no basis in law, union bosses frequently use this rule to extort money from freelance and part-time workers,” said Stefan Gleason, vice president of the National Right to Work Foundation.

“This kind of union dues shake-down scheme is all too common in the entertainment business, and we aim to stop it,” added Gleason. “Workers should be free to decide for themselves whether or not to join a union – and they certainly shouldn’t be shoved into union ranks just to keep a job.”

13 Jan 2009

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

Posted in News Releases

News Release

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

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

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

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

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

(Continue reading this news release…)

13 Jan 2009

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

Posted in News Releases

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

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

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

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

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

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

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

13 Jan 2009

Teachers File FEC Complaint against NEA for Illegal PAC Money Laundering Scheme

Posted in News Releases

Today, the National Right to Work Foundation announced it will file a formal complaint with the Federal Election Commission on behalf of two Alabama educators and itself against the National Education Association teacher union and two NEA affiliates for an illegal political fundraising scheme by the union hierarchy:

Washington, DC (January 13, 2009) – The National Right to Work Legal Defense Foundation announced today it will file a formal complaint with the Federal Election Commission (FEC) asking it to investigate charges made by two Alabama educators who discovered a union scheme to divert their money into the National Education Association’s (NEA) political action committee (PAC).

Claire Waites, the chair of the science department, and Dr. Jeanne Fox, an assistant principal, both work at Daphne Middle School in Bay Minette, Alabama. Waites and Fox are both members of the Baldwin County Education Association (BCEA), Alabama Education Association (AEA), and NEA teacher unions.

In July 2008, Waites and Fox attended the NEA’s annual convention in Washington, DC, as delegates of the BCEA. By telephone, BCEA union president Saadia Hunter informed Waites and Fox that contributions to a “children’s fund” in their names were made from money included in their expense reimbursements for their trip to the convention.

Read the rest of the Foundation’s press release here. A PDF copy of the complaint is available here.

13 Jan 2009

Teachers File FEC Complaint against NEA for Illegal PAC Money Laundering Scheme

Posted in News Releases

Washington, DC (January 13, 2009) – The National Right to Work Legal Defense Foundation announced today it will file a formal complaint with the Federal Election Commission (FEC) asking it to investigate charges made by two Alabama educators who discovered a union scheme to divert their money into the National Education Association’s (NEA) political action committee (PAC).

Claire Waites, the chair of the science department, and Dr. Jeanne Fox, an assistant principal, both work at Daphne Middle School in Bay Minette, Alabama. Waites and Fox are both members of the Baldwin County Education Association (BCEA), Alabama Education Association (AEA), and NEA teacher unions.

In July 2008, Waites and Fox attended the NEA’s annual convention in Washington, DC, as delegates of the BCEA. By telephone, BCEA union president Saadia Hunter informed Waites and Fox that contributions to a “children’s fund” in their names were made from money included in their expense reimbursements for their trip to the convention.

Although Hunter told Waites that these contributions were not political in nature, they actually went to the NEA’s PAC, the NEA Fund for Children and Public Education.

Later, Hunter admitted that the money would be contributed to Barack Obama’s presidential campaign. Sworn statements by Waites and Fox indicate that the AEA union boss also admitted that the PAC contributions were paid with BCEA members’ dues. However, it is illegal for unions to contribute to political candidates using “dues, fees, or other moneys required as a condition of membership in a labor organization.”

Teacher union officials also violated federal law by encouraging and soliciting contributions under false pretenses and without informing Waites or Fox of their right to refuse to contribute without any reprisal. Federal law also forbids campaign contributions made in the name of another person.

“This union money laundering scheme makes a mockery of federal election law,” said Stefan Gleason, vice president of the National Right to Work Foundation, which has joined Waites and Fox as a complainant. “We suspect this scheme was widely used by the NEA union hierarchy and could involve hundreds of thousands of dollars. We urge the FEC to take decisive action.”

5 Jan 2009

Federal Labor Board to Prosecute Union Officials for Imposing Illegal Fines on Nonunion Employees

Posted in News Releases

Chicago, IL (January 5, 2009) –The National Labor Relations Board has announced that it will prosecute International Brotherhood of Teamsters Local 731 union officials for illegally imposing exorbitant retaliatory fines on several hard-working employees at a local company.

In September of 2008, nine employees at Lechner and Sons filed unfair labor practice charges against Local 731 with free legal assistance from the National Right to Work Foundation. The charges requested the prosecution of the union for imposing fines ranging from $13,946 to $40,000 on employees for working during a strike, despite the fact that none of the employees were voluntary union members. Union officials never informed any of the employees of their rights to refrain from formal union membership and to pay a reduced amount of compulsory dues. Instead, union officials misled employees into believing that formal, full dues-paying membership was a condition of employment.

Under the Foundation-won precedent Communication Workers v. Beck, employees have the right to refrain from funding union activities unrelated to collective bargaining. Union officials are also required to inform employees of their right to refrain from full dues-paying membership. Unless informed of these rights, workers cannot be considered “voluntary members” of a union and therefore cannot be subjected to internal union discipline.

In July 2006, union bosses decided that the employees, all truck drivers, should abandon their jobs during a so-called “sympathy strike” on behalf of a different bargaining unit at the plant. After the strike ended in June 2007, union brass attempted to discipline non-striking employees by levying several fines.

The workers whom union bosses attempted to discipline included two nonunion employees who worked during the strike. Union officials also illegally threatened to bar one employee from ever working at a “union shop” again if he refused to pay the assigned penalty. All of the employees misled into membership have now resigned from the union.

“Union bosses tricked employees into joining their union and then used their position to exact outrageous and devastating financial penalties,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Without a Right to Work law, workers in states like Illinois are all too vulnerable to this type of employee intimidation.”

A Right to Work law would allow employees to decide individually whether or not to join a union and pay union dues. The NLRB agreed to prosecute seven of the charges filed for fined Lechner and Sons workers by the Foundation. Foundation attorneys plan on appealing the NLRB’s decision not to pursue similar charges filed by two additional employees.

29 Dec 2008

Air Traffic Controller Union Officials Forced to Respect Rights of Nonunion Employees

Posted in News Releases

In Pennsylvania, staff attorneys from the Foundation helped four air traffic controllers reach a settlement with the National Air Traffic Controllers Association (NATCA) union. NATCA union officials were illegally forcing nonmember employees to financially support union activities unrelated to collective bargaining, as well as refusing to provide a legally required independent financial audit of forced-dues union expenditures:

Harrisburg, PA (December 29, 2008) – With free legal assistance from the National Right to Work Foundation, four air traffic controllers have forced National Air Traffic Controllers Association (NATCA) union officials to halt their illegal forced union dues extraction methods.

The settlement is a result of unfair labor practice charges filed with the National Labor Relations Board (NLRB) by Foundation attorneys for the four controllers in September 2008. The unfair labor practice charges challenged the union officials’ confiscatory scheme of forcing nonmember employees to support financially union activities unrelated to collective bargaining, as well as their refusal to provide a legally required independent financial audit of forced-dues union expenditures. The charges also challenged the union hierarchy’s policy that forced nonunion employees to object annually to full, forced-dues paying union membership.

Finalized today, the settlement requires union officials to post public notices informing affected controllers of their right to refrain from formal, full dues-paying membership. The notice also rescinds the union’s onerous annual objection policy – a policy that requires nonunion members annually to inform union officials of their decision not to pay for union activities unrelated to collective bargaining – and commits union officials to providing employees with an audited financial breakdown of all organizational expenditures. The union hierarchy has also agreed to allow nonunion workers to challenge retroactively dues payments unrelated to workplace representation.

Read the rest of the Foundation’s press release here.