Unfair labor practice charges allege union officials failed to follow Supreme Court precedent providing for disclosure to workers of how forced dues are spent
Chicago, IL (August 22 , 2017) – A Chicago worker, assisted by National Right to Work Legal Defense Foundation staff attorneys, has appealed the dismissal of federal unfair labor practice charges against the Utility Workers Union of America (UWUA) and UWUA Local 18007. Gerald Howard is employed by Peoples Gas in Chicago, Illinois. UWUA Local 18007 union officials have a monopoly bargaining contract in place with Peoples Gas that includes a requirement that workers can be fired for refusing to pay dues or fees to the union.
Under federal law, no worker can be forced to formally join a union. However, because Illinois is not a Right to Work state, workers can be forced to pay union dues or fees as a condition of employment. Under the National Right to Work Foundation-won Supreme Court case Communication Workers v. Beck, nonmember workers cannot be legally compelled to pay union dues used for union politics and member-only activities. Workers can also demand a breakdown of the dues and fees paid to see which fees are used for which purpose.
In a letter sent to UWUA Local 18007 on February 18, Howard formally resigned his membership in the UWUA and objected to paying full dues, as is his right under the Beck precedent, but UWUA Local 18007 union officials failed to acknowledge his resignation. A month later on March 15, Howard sent another letter, this time to officials at the UWUA International headquarters in Washington, DC.
In a letter dated April 3, Washington-based UWUA officials finally acknowledged Howard’s resignation and objection to paying full dues as of his February 18 letter. The UWUA official’s letter also claimed that Howard would be required to pay 90% of full union dues, but did not provide any explanation for how it arrived at that figure.
Although the UWUA later provided Howard a breakdown attempting to justify that non-chargeable activities like union political and lobbying activities only make up ten percent of full dues, further evidence suggests the figure is not accurate. In required disclosure reports filed with the U.S. Department of Labor under threat of perjury, UWUA officials do not categorize political spending but their report shows multiple examples of political spending that contradict the figures in the breakdown provided to Howard after he filed his unfair labor practice charges.
“UWUA union bosses are ignoring clear Supreme Court precedent, compelling payment for union political and lobbying activities and violating the rights of a worker they claim to ‘represent’ in their grab for more forced union dues,” said Mark Mix, president of the National Right to Work Foundation. “This type of disregard for the rights of rank-and-file workers highlights why Illinois desperately needs a Right to Work law making union affiliation and dues payments strictly voluntary.”
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, assists thousands of employees in more than 250 cases nationwide per year.