Dealership employee discovered insurance had been canceled by union after he exercised right to resign his union membership and filed an NLRB charge challenging union practices
Chicago, IL (January 12, 2018) – A Chicago-area auto mechanic has filed an unfair labor practice charge against International Association of Machinists and Aerospace Workers (IAM) Local 701 with free legal assistance from attorneys with the National Right to Work Legal Defense Foundation. The charge, filed with the National Labor Relations Board (NLRB), describes how union bosses wrongfully terminated the worker’s health insurance in retaliation for him exercising his right to resign union membership.
Mike Vallaro is employed at Gerald Subaru, Inc. in Naperville, IL. He exercised his right to resign from the union after IAM Local 701 union officials demanded that he and his co-workers abandon their jobs and join a union-initiated strike in August 2016. By resigning prior to the union-ordered work stoppage, Vallaro could continue working and not legally be subjected to IAM internal “union discipline.”
Despite this, union officials sent him a letter threatening a disciplinary trial for working during the strike. They claimed that, if he was found guilty by the union tribunal, Vallaro would be forced to pay a monetary fine. In similar situations around the country, union officials have levied fines in the tens of thousands of dollars against workers who defied strike demands.
Understanding his rights, Vallaro turned to Right to Work Foundation staff attorneys for free legal aid and filed the unfair labor practice charge. After National Right to Work Foundation’s involvement, IAM Local 701 notified Vallaro that its trial had been canceled. However, NLRB proceedings in the case continued.
The mechanic thought that was the last of IAM Local 701’s illegal intimidation, until he went into the doctor’s office for a medical procedure, only to find that his medical insurance had been canceled. Under the monopoly bargaining contract between the IAM and his employer, all employees are entitled to health insurance. The union controls and selects the insurance plan that covers the employees irrespective of whether they are a union member or not. Additionally, because Illinois is not a Right to Work state, Vallaro is still forced to pay fees to IAM Local 701 officials each month.
Vallaro never received prior notification that his health insurance had lapsed. After conferring with his co-workers he discovered that he was the only worker in the monopoly bargaining unit to have his insurance canceled, making it clear it was in retaliation for his previous resignation and unfair labor practice charge.
In response Vallaro again turned to Foundation staff attorneys, who assisted him in filing another unfair labor practice charge against IAM officials, this time for illegal retaliation and discrimination by violating their monopoly bargaining contract to cancel Vallaro’s insurance. Both charges are now being investigated by the NLRB Region 13 office in Chicago.
Meanwhile, Vallaro faces mounting medical bills as a result of his insurance being canceled. Fortunately, for now, his employer Gerald Subaru is assisting Vallaro with the bills that would have been covered had IAM union officials not wrongfully canceled the coverage.
“Mr. Vallaro simply wanted to continue working to support himself and his family instead of engaging in a union boss-ordered strike. Now, because he exercised his protected rights under federal law, he is facing a relentless campaign of illegal union intimidation,” said Mark Mix president of the National Right to Work Legal Defense Foundation. “Union bosses’ willingness to cancel the health insurance of a worker they still claim to ‘represent’ just when he needs to rely on that insurance, is another ugly example of union officials abusing their monopoly forced dues powers to attack workers who refuse to toe the union line.”
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.