Healthcare Workers at Cuyuna Hospital Successfully Petition for Votes to Remove Union
NLRB reverses itself after wrongly undercounting number of technical employees seeking vote to remove union
Minneapolis, MN (September 21, 2022) – A vote to remove union representation at Cuyuna Regional Medical Center (CRMC) in Minneapolis, Minnesota, will move forward after the National Labor Relations Board (NLRB) Region 18 reversed itself and admitted to undercounting workers’ signatures in support of removing the Service Employees International Union (SEIU) from their workplace. National Right to Work staff attorneys filed a Request for Review on August 24, 2022, pointing out that the Region clearly miscounted the number of valid signatures on a union decertification petition. Now that the NLRB has acknowledged its mistake, a new pre-election hearing date is scheduled for later this month.
Employee Laurie Murphy filed the decertification petition for CRMC Unit II technical employees, which includes employees in the laboratory, respiratory therapy, physical therapy and radiology departments, plus licensed practical nurses, engineers, certified occupational therapy assistants, pharmacy technicians, and accredited records technicians.
“CRMC employees would like to work for an organization that doesn’t have to run everything through the union. CRMC is a great company to work for and they care about all of their employees,” Ms. Murphy said in a statement explaining the widespread support among her Cuyuna Regional Medical Center colleagues for removing the SEIU.
“In my opinion, all they are is a middleman that we pay to ‘negotiate’ on our behalf with our employer. Frankly, I feel who better to negotiate on my behalf than myself,” added Murphy. “I don’t see any benefit in having a union at CRMC.”
Under federal law, when the required number of workers in a bargaining unit sign a petition seeking the removal of union officials’ monopoly bargaining powers, an NLRB-conducted secret ballot vote whether to remove the union is triggered. If a majority of workers casting ballots against vote for the union, the union is stripped of its government-granted monopoly “representation” powers.
Those powers let union officials impose contracts on all workers in the workplace, even workers who are not union members and oppose the union. Further, because Minnesota is not a Right to Work state, union-imposed contracts can include mandatory union dues or fees, with nonmember workers fired if they do not pay.
Under the National Labor Relations Act (NLRA), the federal statute the NLRB implements, workers possess an specified statutory right to remove an unwanted union through a decertification election. Yet the NLRB has invented out of whole cloth a “contract bar” that blocks workers’ right to hold a decertification election for up to three years after union officials and a company finalize a monopoly bargaining contract.
After miscounting the signatures, the NLRB Regional Director cited the “contract bar” as a reason for dismissing the petition. Had the Region not ultimately reversed itself, that erroneous decision could have blocked a decertification vote for three more years because of the contract bar.
In response, Murphy’s Foundation staff attorneys filed a Request for Review with the National Labor Relations Board in Washington, D.C., asking them to not only review the dismissal of the petition, citing the undercounting of workers’ signatures, but also to reconsider the “contract bar” given its role in stifling workers’ statutory right to a decertification vote. Before the NLRB could rule the Region, finally admitting its miscount, reversed the earlier ruling not to move forward with the vote the workers had requested.
“We’re glad to see Ms. Murphy and her coworkers able to move forward with their decertification election, clear mistakes by the NLRB all of which, perhaps not coincidentally, served the interests of SEIU union bosses who don’t want to face a vote of rank-and-file workers,” commented National Right to Work Foundation President Mark Mix. “The fact that a worker needs our legal support and expertise just to get the Labor Board to do really simple math is just the latest example of how the NLRB is biased against workers who oppose coercive unionization.”
Union Seeking to Destroy Ballots of Cuyuna Regional Medical Center Clerical Workers Who Want to Remove SEIU
The technical employees covered by Murphy’s petition are not the only group of workers at Cuyuna Regional Medical Center seeking to free themselves of unwanted SEIU so-called “representation.” Also with free legal aid from National Right to Work Foundation staff attorneys, CRMC employee Terri Larson filed a separate decertification petition for clerical employees working in the business office or medical records department.
The clerical employees’ petition was promptly processed by the NLRB and a mail-ballot decertification election has already taken place. However, before the votes could be counted, the SEIU sought to block the election by filing “blocking charge” allegations. Now, not only are the votes impounded, the NLRB has announced it intends to decide whether or not to destroy the ballots at the request of SEIU lawyers.
“As this situation shows, winning the right to hold a decertification vote is often just the beginning for workers seeking to free themselves from union wanted union ‘representation,’” added Mix. “Biased NLRB-invented procedures give union officials the ability to block the tallying of votes against the union, often indefinitely, leaving workers trapped in union ranks they overwhelmingly oppose.”
National Right to Work Foundation Issues Special Legal Notice for Minnesota Nurses Impacted by MNA Strike Threat
Strike would affect up to 15,000 nurses in the Twin Cities and Twin Ports, but healthcare workers have right to rebuff union boss strike demand
Twin Cities, MN (September 8, 2022) – The National Right to Work Legal Defense Foundation issued a special legal notice for nurses potentially affected by a strike being threatened by Minnesota Nurses Association (MNA) union officials at 15 hospital locations in the Twin Cities, Duluth, and Superior Wisconsin. The strike is reportedly scheduled to start September 12, 2022.
Because of the MNA unions’ monopoly power, the strike scheduled by MNA will affect up to 15,000 nurses, impacting the care of countless patients. The Foundation’s legal notice informs nurses of the rights union officials often conceal, including that the nurses have the right not to abandon their patients but instead to continue providing medical care while also working to support their families.
Importantly, the notice gives workers who want to exercise their right to work information on how to avoid fines and punishment that would likely be imposed by union officials.
“While a strike vote does not mean a strike is imminent, the situation raises serious concerns for employees who believe there is much to lose from a union-ordered strike,” the legal notice reads. “If a strike occurs, employees have the right under federal labor law to rebuff union officials’ strike demands, but it is important for you to get informed before you do so.”
The Foundation’s special legal notice highlights workers’ rights to resign union membership and to revoke their union dues check-offs. In just the past few months National Right to Work Foundation staff attorneys have assisted hundreds of Minnesota nurses, many in decertification votes to remove unwanted union “representation.”
Recently, Foundation staff attorneys assisted hundreds of nurses at the Mayo Clinic in Mankato, Minnesota. There, nurses voted to remove Minnesota Nurses Association union officials. Union officials attempted to overturn the vote, but failed after Foundation staff attorneys defended the outcome for the nurses before the National Labor Relations Board.
Currently, staff attorneys represent nurses at Mayo Clinic Lake City in Minnesota who seek a vote to free themselves from MNA. Additionally, Foundation staff attorneys are also assisting nurses at four Cuyuna Regional Medical Center locations in exercising their right to obtain a vote to free themselves of unwanted union so-called “representation.”
The National Right to Work Foundation is the nation’s premier organization, exclusively dedicated to providing free legal assistance to employee victims of forced unionism abuse. The full special notice for the nurses can be found at https://www.nrtw.org/mnastrike2022/
“For decades, the Foundation has provided free legal aid to workers to protect them from Big Labor’s coercive tactics, which are especially common during union boss-instigated strikes,” National Right to Work Foundation President Mark Mix said. “Nurses always have the right to continue to work during a strike, despite what union officials may tell them or try to pressure them into doing.”
“However, for nurses who choose not to abandon their patients, there are important steps they should take to protect themselves from vindictive union retaliation,” added Mix.
Freight Company Worker Wins More Than $10,500 for Being Illegally Fired for Not Joining Teamsters Union
Back pay award ends case against employer, federal charge against union for instigating illegal termination still under NLRB investigation
Jackson, MN (August 25, 2022) – Jannie Potgieter, who was a freight employee at industrial park USF Holland in Jackson, Minnesota, filed federal charges against the International Brotherhood of Teamsters Local 120 union and his employer in May for illegally terminating him for exercising his right not be a union member. Now Mr. Potgieter has received approximately $10,512 in back pay from USF Holland in exchange for dropping the charge against the company. The charge against the union for union officials’ role in the illegal termination is still pending.
Mr. Potgieter’s charges were filed on May 27, 2022, at the National Labor Relations Board (NLRB) Region 18 with free legal representation from National Right to Work Legal Defense Fountain staff attorneys. The charges stated that on May 18, 2022, a USF Holland manager fired Mr. Potgieter because he exercised his rights under the Communications Workers of America v. Beck (1988) U.S. Supreme Court precedent not to join the union.
In the non-NLRB settlement with USF Holland, Mr. Potgieter agreed to withdraw his unfair labor charge in exchange for the back pay plus employer-provided training for management about workers’ Beck rights and a prohibition on firing workers who refuse to join a union. The NLRB Regional Director approved the settlement, but continues to investigate the charge against Teamsters Local 120.
Because Minnesota lacks Right to Work protections for private sector employees, unions can force them to pay union fees as a condition of keeping their jobs. However, under Beck, a U.S. Supreme Court decision won by Foundation staff attorneys, formal union membership cannot be required, nor can payment of the part of dues used for non-bargaining expenditures like union political activities. In contrast, in the 27 states with Right to Work protections, union membership and financial support are strictly voluntary.
“Mr. Potgieter’s illegal firing for exercising his basic rights shows why Minnesota workers need the protection of a Right to Work law to ensure all union membership and financial support is strictly voluntary,” commented National Right to Work Foundation President Mark Mix. “While we’re glad USF Holland has belatedly taken responsibility for its role, union bullies must also be held accountable for instigating this blatantly illegal firing.”
“With Labor Day right around the corner, this case serves as a reminder that being pro-worker must mean rejecting compulsion and allowing each and every working American the freedom to decide for themselves whether or not to spend their hard-earned paycheck on union dues,” added Mix.
King Soopers Workers Successfully Challenge Illegal UFCW Union Strike Fines with National Right to Work Legal Aid
UFCW union bosses begin dropping illegal fines against workers, but union still faces investigation on federal charges
Denver, CO (August 15, 2022) – Grocery store workers at King Soopers are continuing to battle, and win, against the United Food and Commercial Workers (UFCW) Local 7 union officials’ illegal attempts to fine workers for exercising their right to work during a January UFCW strike action. While the union remains under investigation by the National Labor Relations Board (NLRB) for a series of charges filed by workers with free legal aid from the National Right to Work Legal Defense Foundation, several workers have already successfully challenged thousands of dollars in union fines.
In June and July three King Soopers workers, Nick Hall, Marcelo Ruybal and Hope Schaefer, filed federal charges against UFCW in response to union officials illegally threatening to fine the workers, who chose to exercise their right to work during a strike. The workers, whom union bosses are threatening to fine $812, $3,800, and $3,897.36 respectively, stated in their charges that the fines were illegal because the workers were not voluntary union members, and therefore not legally subject to internal union fines for working during the UFCW boss-ordered 10-day strike.
All three NLRB charges are still being investigated by NLRB Region 27 based in Denver.
In Schaefer’s case the union had previously even acknowledged in a 2011 letter that she was not a UFCW union member. However, although the union know she had not been a union member for more than a decade, UFCW union officials still threatened her with the nearly $4,000 fine.
In Hall’s case, the union recently backed down, rescinding the union’s illegal fine threat in a letter dated July 27, essentially acknowledging that it broke federal law. Other workers have also successfully challenged union boss fine threats following the January strike. With free legal representation from Foundation staff attorneys, worker Yen Chan challenged the union’s authority to issue a $3,552.48 fine, with union officials backing down rather than face further legal action.
At least two other King Soopers workers also successfully challenged thousands of dollars in UFCW strike fines using information provided by National Right to Work Legal Defense Foundation staff attorneys. Any worker facing such fines can still request free legal aid from the National Right to Work Foundation by calling 1-800-336-3600 or through the Foundation’s website: www.nrtw.org/free-legal-aid
“King Soopers workers are already beating back illegal fines levied by UFCW union officials, even as union officials are still under investigation by the NLRB for three unfair labor practice charges,” commented National Right to Work Foundation President Mark Mix. “Union bosses were caught red-handed in Nick Hall’s case which is why we’re already seeing them back down, but it shouldn’t take the assistance of National Right to Work Foundation staff attorneys just to force union bullies to abide by federal law and cease violating the rights of rank-and-file workers.”
St. James Mayo Clinic Nurses Overwhelmingly Vote to Remove AFSCME Union; Certified by Labor Board
Certification of result follows similar vote by hundreds of nurses at Mankato Mayo Clinic location to remove Minnesota Nurses Association union
St. James, MN (August 1, 2022) – Healthcare workers at the Mayo Clinic Health System in St. James, Minnesota have formally removed the American Federation of State, County and Municipal Employees (AFSCME) Council 65 from their hospital. The National Labor Relations Board (NLRB) made the 15-2 vote official after the 7-day deadline for union election objections passed without any objections filed.
The workers’ decertification petition was filed by registered nurse Heather Youngwirth with the NLRB Region 18 office in Minneapolis, MN with free legal representation from National Right to Work Legal Defense Foundation staff attorneys. The vote on whether to end AFSCME union officials’ monopoly bargaining powers at the Mayo Clinic was 15-2 in favor of decertification of AFSCME, with the Labor Board’s official tally happening last week.
Minnesota is not a Right to Work state, meaning workers can be forced to pay dues or fees to union officials as a condition of keeping their jobs. Because the workers’ decertification vote was successful, AFSCME union officials are stripped of their monopoly “representation” powers, including the ability to impose a forced dues requirement on the nurses in the bargaining unit.
National Right to Work Foundation legal aid has recently assisted workers in several decertification efforts in Minnesota. In addition to the St. James Mayo Clinic, hundreds of nurses at Mayo Clinic in Mankato, Minnesota recently voted to remove the Minnesota Nurses Association. Meanwhile, two groups of employees at four Cuyuna Regional Medical Center locations recently filed petitions seeking decertification votes seeking to remove SEIU union officials.
Because the NLRB has made the decertification process unnecessarily complicated, workers often need to turn to Foundation attorneys for free legal aid in navigating the process. The Foundation recently aided metalworkers at Minneapolis Washer and Stamping, who endured a year and a half of litigation, but have finally voted out Communications Workers of America (CWA) union officials.
“While these nurses have successfully removed a union they oppose, we should not lose sight that thousands of Minnesota workers are forced to pay union dues, not because they voluntarily choose to, but because they would be fired if they don’t pay up,” commented National Right to Work Legal Defense Foundation President Mark Mix. “It is past time Minnesota joins all of its neighboring states and ensure Minnesota workers have Right to Work protections so all workers can decide for themselves whether to financially support union activities.”
Third King Soopers Employee Hits UFCW Union Officials with Federal Charge for Illegal Strike Fine
Following union boss-ordered January strike, nonmember workers now face thousands in ‘internal union fines’ in violation of longstanding federal law
Denver, CO (July 25, 2022) – Another King Soopers grocery worker has filed federal charges against the United Food and Commercial Workers (UFCW) Local 7 union in response to union officials illegally threatening to fine the worker, who chose to exercise her right to work during a strike. The case, filed with the National Labor Relations Board, is the third recently filed by National Right to Work Legal Defense Foundation staff attorneys for King Soopers employees challenging retaliatory fines by UFCW union officials.
Grocery worker Hope Schaefer has not been a union member for more than a decade, something union officials previously acknowledged in a 2011 letter. Despite this, UFCW union officials falsely accused her of working behind a picket line while still a union member during the union’s 10-day strike and threatened a fine of nearly $4,000.
UFCW officials demanded that workers strike against King Soopers grocery stores for more than a week in January 2022, impacting more than 8,000 employees. In response to the high profile strike, the Foundation issued a legal notice informing the affected workers of their rights that union officials often hide, including the right to continue to work to support their families. The notice warned workers that to protect themselves from being subjected to internal “union discipline” such as fines for defying union strike orders workers should first resign their formal union membership.
The Foundation legal notice also noted that during past UFCW-instigated strikes workers faced unlawful fines, which union officials claim can only be disputed at internal union kangaroo courts. However, with free legal aid from Foundation attorneys, many workers have successfully challenged such fines on the grounds that union bosses have no authority to levy such fines against workers who are not fully voluntary union members.
In June, Foundation staff attorneys filed NLRB charges against UFCW Local 7 after union officials similarly sought to illegally levy heavy fines against King Soopers grocery workers Nick Hall and Marcelo Ruybal despite not being voluntary union members. Reportedly UFCW union bosses have issued similar threats to numerous workers with fines of “$250 per day… as well as all monies earned … from King Soopers during [the] dates of these violations.”
“Workers should not have to choose between feeding their families and bending the knee to union bosses during UFCW-imposed strikes,” commented National Right to Work Foundation President Mark Mix. “But in what has become an unfortunately predictable pattern, rather than accept limits to their unique government-granted power, UFCW union bosses are once again violating federal law to punish independent-minded workers.”
“Other King Soopers workers facing similar fines should know they can reach out to Foundation staff attorneys for free legal assistance in challenging such excessive, retaliatory fines,” added Mix.
Healthcare Workers at Multiple Cuyuna Regional Medical Center Locations File Petitions to Remove SEIU Union
Clerical and technical bargaining unit employees signed petitions seeking vote to end SEIU Healthcare Minnesota union’s monopoly ‘representation’
Minneapolis, MN (July 19, 2022) – Two groups of healthcare employees spread across four Cuyuna Regional Medical Center facilities in the Brainerd Lakes region of Minnesota have filed petitions seeking the removal of the Healthcare Minnesota affiliate of the Service Employees International Union (SEIU) from their workplaces. The workers’ decertification petitions were filed with the National Labor Relations Board (NLRB) with free legal aid from the National Right to Work Legal Defense Foundation.
Laurie Murphy and Terri Larson filed the decertification petitions with the signatures of numerous coworkers who oppose the Healthcare Minnesota SEIU union at the four Cuyuna Regional Medical Center facilities located in Crosby, Breezy Point, Longville, and Baxter.
Murphy filed her decertification petition on behalf of technical employees, which includes employees in the laboratory, respiratory therapy, physical therapy and radiology departments, along with licensed practical nurses, engineers, certified occupational therapy assistants, pharmacy technicians, and accredited records technicians. Larson filed a petition on behalf of clerical employees working in the business office or medical records department.
Under federal law, when at least 30% of workers in a bargaining unit sign a petition seeking the removal of union officials’ monopoly bargaining powers, an NLRB-conducted secret ballot vote whether to remove the union is triggered. If a majority of workers casting valid ballots do not vote for the union, the union is stripped of its government-granted monopoly “representation” powers. Those powers let union officials impose contracts on all workers in the workplace, even workers who are not union members and oppose the union.
Minnesota is not a Right to Work state, meaning all workers in a unionized workplace can legally be required to pay dues or fees to a union as a condition of getting or keeping their jobs. If the bargaining unit workers vote to decertify, SEIU union officials will be stripped of their monopoly “representation” powers used to impose forced union dues or fees.
Foundation-advocated reforms to decertification elections that the NLRB adopted in 2020 have curtailed union officials’ abuse of so-called “blocking charges” to delay or block workers from exercising their right to decertify a union by asserting unproven allegations against their employer, often completely unrelated to workers’ desire to free themselves of the union. However, the Biden-appointed NLRB majority recently announced it will start rulemaking to overturn those reforms and make it easier for union officials to block decertification votes no matter how many rank-and-file workers want a vote.
“SEIU union officials claim to ‘represent’ these healthcare workers, but if they really believe they have the support of the rank-and-file, they won’t resort to blocking charges or other legal trickery to attempt to stall or block these decertification votes from promptly going forward,” commented National Right to Work Foundation President Mark Mix. “Of course ultimately cases like these show why Minnesota workers need the protection of a Right to Work law to make all union financial support strictly voluntary. That way each individual worker could decide for themselves whether union bosses deserve part of their hard-earned paycheck.”
Hundreds of Minnesota Mayo Clinic Nurses Seek Vote to Free Themselves of Unwanted Union ‘Representation’
Nurses signed decertification petition filed with Labor Board to end Minnesota Nurses Association officials’ monopoly bargaining powers
Mankato, MN (June 27, 2022) – Hundreds of healthcare workers at the Mayo Clinic Health System in Mankato, Minnesota have signed a petition seeking a vote on the removal of the Minnesota Nurses Association (MNA) union, affiliated with the National Nurses United. The workers’ decertification petition was filed with the National Labor Relations Board (NLRB) Region 18 office in Minneapolis, MN with free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
Brittany Burgess, a registered nurse of the Mayo Clinic, filed the petition. The request seeking to end MNA union officials’ monopoly bargaining powers at the Mayo Clinic was signed by more than two hundred nurses in the bargaining unit, well over the number needed to trigger an NLRB-conducted secret ballot vote to remove the union.
Minnesota is not a Right to Work state, meaning workers can be forced to pay dues or fees to union officials as a condition of getting or keeping their jobs. If the workers’ vote is successful, MNA union officials will be stripped of their monopoly “representation” powers, including the ability to impose a forced dues requirement on the nurses in the bargaining unit.
National Right to Work Foundation legal aid has recently assisted workers in numerous successful decertification efforts across the nation, including workers in Kansas, Illinois, and Delaware. Because the NLRB has made the decertification process unnecessarily complicated, workers often need to turn to Foundation attorneys for free legal aid in navigating the process.
Foundation-advocated reforms to decertification elections that were adopted by the NLRB in 2020 have curtailed union officials’ abuse of so-called “blocking charges” to delay or block workers’ from exercising their right to decertify a union on the basis of unproven allegations made against an employer, often completely unrelated to workers’ desire to free themselves of the union. However, just days ago the Biden-appointed NLRB majority announced it was starting rulemaking to overturn those reforms and make it easier for union officials to block decertification votes no matter how many rank-and-file workers want a vote.
“Ms. Burgess and her coworkers, who provide lifesaving medical care to the people of Minnesota, should not have to be subjects of Minnesota Nurses Association union bosses whose so-called ‘representation’ they oppose,” commented National Right to Work Legal Defense Foundation President Mark Mix. “These nurses represent just one example in what has been a surge of decertification efforts over the past year, which makes it all the more outrageous that the Biden Board has announced it intends to give union bosses more power to block workers from exercising their statutory right to vote out unions they oppose.”
Workers Slam Grocery Union Officials with Federal Charges for Illegal Fines Topping $3,000 for Working during UFCW Strike
Charges: Workers weren’t formal union members and exercised legal right to work but were still subjected to excessive, punitive fines
Denver, Colorado (June 20, 2022) – Today, National Right to Work Legal Defense Foundation staff attorneys filed charges against United Food and Commercial Workers (UFCW) Local 7 union for illegally levying fines against King Soopers grocery chain workers who chose to exercise their right to work during a strike. Charges against the union were filed with the National Labor Relations Board (NLRB). The unlawful fines issued by union bosses against the workers are more per day than the workers earned in a day of work, totaling more than $3,000 throughout the 10 day strike.
UFCW officials demanded that workers strike against King Soopers grocery stores for more than a week in January 2022, impacting more than 8,000 employees. In response, Foundation staff attorneys issued a legal notice informing the affected workers of their rights that union officials often hide, including that the workers have the right to continue to work to support their families.
“The situation raises serious concerns for employees who believe there is much to lose from a union-ordered strike,” the legal notice reads. “That is why workers frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other oppressive union discipline for continuing to report to work.”
During past UFCW-instigated strikes workers faced similar unlawful fines, which union officials claim can only be disputed at internal union kangaroo courts. However, with free legal aid from the Foundation, workers have successfully challenged such fines on the grounds that union bosses have no authority to levy such fines against workers who are not fully voluntary union members.
As today’s charges note, that is the case for King Soopers grocery workers Nick Hall and Marcelo Ruybal, whom union bosses are threatening to fine $812 and $3,800 respectively despite them not being voluntary union members. According to one news report, UFCW Local 7 union officials threatened workers who exercised their right to work during the strike that they “shall be subject to a fine of $250 per day of the violation, as well as all monies earned by you from King Soopers during said dates of these violations.”
In a similar case for two Stop & Shop grocery workers in New England, Foundation staff attorneys won a settlement earlier against UFCW officials for issuing illegal fines for working during an April 2019 strike. That settlement required UFCW union officials to post remedial rights notices in over 70 Stop & Shop stores and return dues seized from the two workers in violation of their rights.
“Once again union bosses have been caught red-handed retaliating against rank-and-file workers who exercised their rights to work despite the UFCW’s strike demands,’” National Right to Work Foundation President Mark Mix said. “No worker should have to pick between feeding their family and toeing the union line, and we’re proud to assist these workers in standing up to union bullies.”
“Other King Soopers workers facing similar fines should know they can reach out to the National Right to Work Foundation for free legal assistance in challenging such excessive, retaliatory fines,” added Mix.
