National Right to Work Foundation-backed employees are also challenging similar restriction on workers’ right to stop dues in ongoing NLRB cases

Washington, DC (October 13, 2026) – With free legal aid from the National Right to Work Legal Defense Foundation, two employees have filed an amicus brief at the U.S. Fifth Circuit Court of Appeals in a case (Kroger Texas L.P. v. NLRB) challenging a Biden-era National Labor Relations Board (NLRB) ruling blocking employers from ceasing union dues deductions after a contract expires.

The two workers, Brittani Butler and Cypress Meadowlark, are already challenging a separate but related NLRB precedent that restricts employees from stopping dues deductions when no union contract is in effect. Both had attempted to stop union dues deductions only to have those requests ignored by union officials, despite neither being subject to a union monopoly bargaining agreement.

Their brief urges the Court of Appeals overturn a 2022 NLRB decision in a case known as Valley Hospital II. The underlying May NLRB decision at issue in Kroger Texas L.P. v. NLRB, the Board applied Valley Hospital II to find that Kroger unlawfully stopped deducting union dues after contracts with the United Food and Commercial Workers (UFCW) Local 455 had expired.

Prior to Valley Hospital II, under a standard first decided in a 1962 Board Decision, employers could lawfully stop dues deductions after the expiration of a union contract. That decision said that dues collections, like union no-strike clauses, arbitration clauses, and compulsory unionism clauses, are exceptions to the general rule that the status quo must be continued after the expiration of a union contract.

In 2012, an Obama NLRB with two unconstitutionally appointed Board members overturned 50 years of precedent to require employers to deduct union dues even during a contract hiatus. Another lawfully appointed Obama NLRB reinstated the same rule in 2015. During the first Trump administration, the NLRB went back to the longstanding rule in Valley Hospital I, only to have the radical Biden Board reverse it again in Valley Hospital II.

Brief: The NLRB Disregards Federal Statue; Reverses Positions Regarding Dues Deductions

The brief filed by Foundation staff attorneys argues that Valley Hospital II and the subsequent Kroger decision wrongly disregarded the clear meaning of a statue that addresses payroll deduction of union dues, Section 302(c)(4) of the Labor Management Relations Act (LMRA).

First, the brief notes that under Section 302(c)(4) of the LMRA, Congress stated that union dues deduction assignments must be revocable “beyond the termination date of the applicable collective agreement.” This demonstrates that Congress thought dues deduction assignments are “rooted in contract,” and therefore do not persist beyond the expiration of a monopoly bargaining contract.

The brief further argues that Section 302(c)(4) shows Congress separated dues deductions from other employment terms by establishing an employee’s right to stop dues deductions “at will” when there is no monopoly bargaining contract in place. Finally, the brief contends that if an employer must continue dues deductions when a contract has expired, that would impermissibly make the dues assignment “irrevocable” for employers, which violates the plain language of LMRA Section 302(c)(4).

“No worker should have to wage a legal battle just to exercise their right to stop union dues from being taken out of their paycheck, especially when there isn’t even a union contract in effect,” said National Right to Work Foundation President Mark Mix. “Brittani Butler and Cypress Meadowlark know firsthand how union officials exploit Valley Hospital II and similar NLRB precedents to keep dues flowing over workers’ objections.

“The Fifth Circuit should strike down this Biden-era scheme, and the current NLRB should finish the job by scrapping every Board precedent that traps workers in dues deductions they’ve attempted to revoke,” added Mix. “Doing so would not impede the payment of voluntary union dues at all, since union bosses are always free to collect dues directly from workers who want to pay them.”

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 about 200 cases nationwide per year.