Salt Lake City-Area Starbucks Workers Latest Seeking Vote to Remove SBWU
Utah Starbucks workers join other stores by filing decertification petition to remove “Workers United”
Cottonwood Heights, UT (July 27, 2023) – Employees at the Cottonwood Heights Starbucks in Utah have just submitted a petition to the National Labor Relations Board (NLRB), asking the federal agency to hold a vote to end the Chicago and Midwest Joint Regional Board Workers United/SEIU, also known as Starbucks Workers United (SBWU), officials’ monopoly “representation” powers at their workplace. Indya Fiessinger, who filed the petition on behalf of a group of her coworkers, is receiving free legal representation from National Right to Work Foundation staff attorneys.
With the petition filed, the NLRB should now promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract on the workers.
Utah is a Right to Work state meaning union payments must be voluntary and cannot be required as a condition of employment. However, under federal law, SBWU officials’ monopoly bargaining powers still allow them to impose a union contract on all employees at the store, even those who are not union members and who oppose SBWU’s so-called “representation.” A successful decertification vote would strip union officials of that extraordinary monopoly bargaining power.
The Cottonwood Heights Starbucks workers are the latest group of Starbucks workers seeking to exercise their right to vote out unwanted union officials. Foundation attorneys are currently assisting Starbucks employees who filed decertification petitions in Manhattan, NY, Buffalo, NY, Pittsburg, PA, and Bloomington, MN.
Federal labor law prevents workers from exercising their right to remove an unpopular union for at least one year after one is installed. In each instance, the decertification petition was filed shortly after the one-year period concluded. For example, the NLRB only certified SBWU officials as the monopoly bargaining “representative” in late June 2022 at the Cottonwood Heights location.
The growing movement among Starbucks partners to eject unwanted union officials from their stores is part of a larger trend. The NLRB’s own statistics also show a 20% increase in decertification petitions last year versus 2021. However, union officials still have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unrelated or unverified charges against management.
“We call on SBWU officials and the NLRB to respect the wishes of these workers who simply want a prompt decertification vote to decide whether or not they want the union in their workplace,” commented Mark Mix, President of the National Right to Work Foundation. “The right of workers to oust a union that lacks majority support is supposed to be fundamental to federal labor law, otherwise the NLRB is just protecting incumbent union bosses to the detriment of actual rank-and-file workers’ wishes.”
National Right to Work Foundation Files Brief Defending Law to Protect Teachers’ First Amendment Rights
Court of Appeals reviewing teacher union bosses’ lawsuit against Indiana law to ensure compliance with Foundation-won Janus 2018 Supreme Court precedent
Chicago, IL (July 24, 2023) – The National Right to Work Legal Defense Foundation has just submitted a brief at the Seventh Circuit Court of Appeals in Anderson Federation of Teachers, et al. v. Rokita, defending an Indiana Law that protects teachers’ First Amendment rights against a lawsuit brought by teacher union bosses. The case is an appeal of a District Court judge’s preliminary injunction issued at the behest of union lawyers to stop the bill from going into effect.
At the District Court, the Anderson Federation of Teachers challenged Indiana’s State Enrolled Act 251 and 297. Those Acts require written consent from teachers, including an acknowledgement of their constitutional right to refrain from financially supporting a union, before taxpayer-funded government payroll systems can be used to deduct union dues from teachers’ paychecks.
The U.S. Supreme Court recognized that employees have a First Amendment right to refrain from subsidizing union speech in the 2018 Janus v. AFSCME Supreme Court decision. That case was argued and won by National Right to Work Foundation staff attorneys.
In Janus, the Court ruled that forcing public sector workers to subsidize union activities as a condition of employment violates the First Amendment. The Court also held that no union dues or fees can be taken from a public worker’s wages without a knowing and intelligent waiver of that employee’s First Amendment right not to pay, and that such a waiver “cannot be presumed.”
The brief filed by National Right to Work attorneys defends the Indiana law and urges the Seventh Circuit Court of Appeals to overturn the injunction, arguing the lower court ruling made three critical errors in justifying its ruling.
“It is outrageous that teacher union bosses in Indiana apparently believe they are entitled to use taxpayer-funded payroll systems to seize money directly from teachers’ paychecks – without the State taking steps to ensure that those teachers’ constitutional rights are protected,” said Mark Mix, President of the National Right to Work Legal Defense Foundation. “Precedents in the Seventh Circuit and elsewhere make it clear that the injunction should be rejected, and this law should be allowed to take immediate effect.”
“It would be fully within the prerogative of Indiana lawmakers to ban union officials from deducting dues from government workers’ paychecks all together, or ban all monopoly bargaining to ensure individual teachers are not subjected to unwanted union so-called ‘representation,’” Mix continued. “If anything, Indiana teacher union bosses should count themselves lucky lawmakers have so far not been more proactive in protecting teachers’ First Amendment free speech and freedom of association rights.”
National Right to Work Foundation Issues Legal Notice to Wabtec Locomotive Manufactures Facing Union-Ordered Strike
Workers have legal protections if they choose to work to support their families during union-ordered strikes
Erie, PA (June 29, 2023) – Today, the National Right to Work Legal Defense Foundation issued a special legal notice to locomotive manufacturing employees at Westinghouse Air Brake Technologies Corporation (Wabtec). The notice informs Wabtec employees of their individual rights during the United Electrical, Radio and Machine Workers of America (UE) union-ordered strike currently taking place.
The legal notice is available at the Foundation’s website: https://www.nrtw.org/wabtec
The National Right to Work Foundation is the nation’s premier organization dedicated to defending workers whose rights have been violated by forced unionism abuses. “The Foundation wants you to learn about your legal rights from independent sources,” the notice says. “You should not rely on what self-interested union officials tell you.”
The Foundation’s notice informs workers who are union members of their right to resign from union membership at any time. The notice also suggests, if employees who are currently union members wish to work during the strike and avoid union discipline such as fines, they should resign their union membership before returning to work.
The legal notice informs Wabtec employees they “have the right to revoke [their] dues check-off authorization and stop allowing the union hierarchy to collect money from [their] paycheck every week. [They] can send letters to the union and [their] employer revoking [their] authorization to have union dues deducted from [their] paycheck during periods when there is no collective bargaining agreement in effect.”
“Decades of experience assisting workers has shown us that all too often strikes are about protecting the power of union bosses and not what is really best for rank-and-file workers,” commented National Right to Work Legal Defense Foundation President Mark Mix. “Unfortunately union misinformation and intimidation tactics are all too common during union boss-ordered strikes, which is why Wabtec employees must be on alert and should immediately contact the Foundation for free legal aid if they believe union officials may be violating their legal rights.”
Video: The Anniversary of the Janus Supreme Court Victory and the Ongoing Fight for Worker Freedom
On the 5th Anniversary of the landmark First Amendment decision, Foundation President discusses Janus, the cases that led to the decision, and the path forward
Springfield, VA (June 27, 2023) – National Right to Work Legal Defense Foundation President Mark Mix released a video statement on the 5-year anniversary of the landmark Janus v. AFSCME U.S. Supreme Court decision. The case, which affirmed the First Amendment right of all public employees to get or keep a job without being forced to pay union dues or fees, was successfully argued at the Supreme Court by National Right to Work Foundation Legal Director William Messenger.
The Janus anniversary video is available here.
In the video, Mix discusses the cases that led to Janus, the importance of the 2018 decision, and next steps for the Foundation regarding workers’ freedom from coercive unionism. Mix notes in the statement that “while the Janus ruling is clear, unfortunately, though predictably, we’ve seen widespread attempts by government union bosses to subvert the ruling and implement schemes to block government employees from exercising their First Amendment rights. In response, Foundation staff attorneys have already filed over 50 cases to enforce the Janus decision, directly helping over 70,000 workers so far.”
He also looks at how Foundation is building on the 2018 Supreme Court victory: “Janus introduced a new wave of Foundation litigation enforcing the decision against union bosses who refuse to accept its limits, and launching new cases, like the Goldstein case, seeking to expand the First Amendment rights of workers opposed to forced unionization.”
Mix concludes by noting that Public employees or any worker who needs legal assistance in enforcing their rights against coercive unionism can contact the Foundation to request free legal aid: https://www.nrtw.org/free-legal-aid/.
Special Legal Notice for Employees of Wabtec Impacted by UE Union Boss Strike Order
News reports suggest that union officials of United Electrical, Radio and Machine Workers of America (UE) union have ordered employees of Westinghouse Air Brake Technologies Corporation (Wabtec) to abandon their jobs and go on strike. This situation raises serious concerns for employees who believe there is much to lose from a union-ordered strike.
All employees have the legal right to rebuff union officials’ strike demands, but it is important that employees know their rights before they do so. If you would like to work during a strike, read all of this special notice before returning to work – it might save you thousands of dollars.
The National Right to Work Legal Defense Foundation believes you should learn about your legal rights from independent sources. You should not rely on what self-interested union officials tell you. Workers frequently contact the Foundation to learn how to avoid fines and other union discipline for continuing to report to work during a union ordered strike to support themselves and their families. For over five decades, Foundation attorneys have worked to protect and expand the rights of individual employees to reject unwanted union control. It is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee who are victims of forced unionism abuse.
Wabtec employees should know they have the following legal rights:
1) You have the right to resign your membership in the union at any time. If you don’t support this union, you can send the union a letter resigning your membership.
2) You have the right to go to work even if the union bosses ordered a strike. Union officials can (and often do) fine actual union members who work during a strike. If you want to work during a union strike, you should seriously consider resigning before working. This is the principal way to put yourself beyond the reach of internal union discipline, and avoid these union fines.
3) You also have the right to revoke your dues check-off authorization and stop allowing the union hierarchy to collect money from your paycheck every week. You can send letters to the union and your employer revoking your authorization to have union dues deducted from your paycheck during periods when there is no collective bargaining agreement in effect.
4) If you wish to eject an unaccountable union hierarchy from your workplace, you have the right to circulate and sign a decertification petition to obtain a secret ballot election to do so. All Wabtec employees should know they have the right to petition the National Labor Relations Board (NLRB) for a secret ballot election to remove a union. However, the NLRB process is complex and open to manipulation from union officials, so we strongly recommend you reach out to Foundation attorneys, who regularly provide free legal advice and representation to workers interested in decertifying a union.
A sample letter for employees who wish to resign their union membership and revoke their dues check-off is here.
We know you are busy, and we know that unionization can create tension within a workplace and a lot of confusion regarding your legal rights. If you have any questions about the rights listed above or any of your other rights, do not hesitate to contact Foundation staff attorneys for free legal help at 1-800-336-3600 or at https://www.nrtw.org/free-legal-aid/.
Philadelphia Public Defender Wins Case Against UAW for Illegal Union Dues Deduction Scheme
Union officials settles to avoid NLRB prosecution after threatening workers to reduce wages
Philadelphia, PA (June 19, 2023) – To avoid a federal prosecution for illegal threats against workers, including to reduce the wages of workers who didn’t sign union dues deduction cards, United Autoworkers (UAW) Local 5502 union officials backed down and entered into an NLRB settlement. This settlement is a full victory for Philadelphia public defender Brunilda Vargas, who filed a federal unfair labor practice charge against the union with free legal aid from the National Right to Work Legal Defense Foundation.
On April 18, 2023, Brunilda Vargas filed her federal unfair labor practice charge with the National Labor Relations Board Region 4 (NLRB) for the threats made against her and her colleagues at the Defender Association of Philadelphia. These threats came from a UAW union official against public defenders who chose not to sign automatic dues deduction authorization forms.
Because private sector workers in Pennsylvania lack the protection of a state Right to Work law, some union fees can be required as a condition of employment. However, employees can never be required to authorize automatic dues deductions from their paychecks under long-established federal law.
Now, pursuant to settlements, UAW must email and post notices informing workers that the UAW union will not be working with the employer to reduce wages of non-members that do not sign automatic deductions forms, will not suggest that not signing a dues deduction could lead to their termination, or further coerce or restrain individuals from expressing their rights under Section 7 of the National Labor Relations Act.
The notice reads, “[UAW] will not threaten objecting non-members that we will notify the Employer it can seek refunds of their contractual salary increases if they do not sign a dues deduction authorization form. Neither employees nor members are legally required to execute a dues deduction authorization form.”
Had Vargas lived in a Right to Work state, not only would she have the right to refrain from automatic dues deductions from her paycheck, but she could also refrain from financially supporting the union altogether. In Right to Work states, workers are fully-protected from mandatory union membership and financial support, both of which must be completely voluntary.
“While we are happy that we were able to assist Vargas and her coworkers fight UAW misconduct, this instance is but the tip of the iceberg when it comes to UAW malfeasance,” commented Mark Mix, President of the National Right to Work Legal Defense Foundation. “The recent federal probe into UAW officials stealing and misusing workers’ money has sent multiple top UAW bosses to jail, and uncovered a shocking culture of contempt for workers’ rights.”
“The Foundation fields hundreds of cases each year. assisting individual workers in fighting back against union corruption. Workers under UAW unions should know that the Foundation is here to assist them in protecting and enforcing their rights in the workplace,” continued Mix.
Starbucks Worker Asks Labor Board to Review Order Denying Vote to Remove Unwanted Union
Request for Review to full National Labor Relations Board says Regional Director erred in dismissing workers’ petition
Buffalo, NY (June 12, 2023) – National Right to Work Legal Defense Foundation staff attorneys have filed a Request for Review with the National Labor Relations Board (NLRB) in Washington, D.C. This requests asks the Board to reverse a Regional Director’s order dismissing a workers’ petition for a decertification election on whether to remove the so-called Starbucks Workers United (SBWU) union, an affiliate of Service Employee International Union (SEIU). The request is part of a case that began when Ariana Cortes, a Buffalo Starbucks worker, filed a petition with the NLRB requesting the decertification election be held at the “Del Chip” Starbucks location where she works.
Cortes’ decertification petition, which was filed on April 28, has support from a majority of her coworkers who also want to remove the union from their workplace. After her initial filing, Cortes began receiving free legal assistance from National Right to Work Legal Defense Foundation staff attorneys.
“They have treated us like pawns, promising us that we could remove them after a year if we no longer wanted their representation, and are now trying to stop us from exercising our right to vote,” Cortes said in a statement about why so many of her coworkers support removing the union. “It’s obvious they care more about power and control than respecting our individual rights.”
Under federal law, workers can trigger an NLRB-supervised decertification election with the signatures of 30% or more of the employees in a workplace. After receiving the petition, NLRB officials should then promptly move to schedule an election. However, on May 25, the NLRB Region 3 Regional Director issued an order dismissing the decertification petition.
In response to this order, Cortes’s Foundation staff attorneys filed the request for review with the four member NLRB in Washington, DC. The filing emphasizes the wishes of the employees to continue with the decertification process to remove the monopoly union representation that lacks the support of a majority of the workers, which is a fundamental principle of the National Labor Relations Act that the NLRB is charged with enforcing.
The brief also observes that the grounds for blocking the vote is contradicted by the NLRB allowing union-backed certification elections to proceed. The result is that the SEIU is like a roach motel, easy to enter but impossible to leave.
“The Region dismissed her petition and disenfranchised her and her fellow employees of the right to choose their representative—the same right that has been granted over 350 times to employees seeking certification,” the brief states.
So far, workers at three different Starbucks locations in New York State have filed decertification petitions. In addition to the Del Chip store, Foundation staff attorneys also represent the petitioner in the Starbucks Roastery case, where a majority of workers also support the decertification effort.
The Foundation has also issued a legal notice to all Starbucks employees, offering free legal aid to any worker who may be interested in removing SBWU’s so-called “representation” from their workplace: www.nrtw.org/starbucks
“Workers have a statutory right to decertify a union they oppose, and it is outrageous that the Regional Director has so callously moved to disenfranchise these workers of that right,” commented National Right to Work Legal Defense Foundation President Mark Mix. “The NLRB must reverse course and cease acting like its mission is simply to protect incumbent union officials against workers who are opposed to unions’ so-called representation.”
Starbucks Worker’s Brief: Proceed with Vote to Remove Union Opposed by Majority of Workers
Labor Board asked to reject union-backed move to disenfranchise majority of workers who petitioned for decertification election
New York, NY (June 2, 2023) – National Right to Work Legal Defense Foundation staff attorneys have filed a brief with National Labor Relations Board (NLRB) Region 2 asking the NLRB not to dismiss the worker-led decertification effort. The brief is part of the case that began when Manhattan Starbucks Roastery worker Kevin Caesar filed a decertification petition with the NLRB seeking a secret-ballot election to end union officials’ so-called “representation.”
Caesar’s petition, which was filed on May 9, has the support of a majority of his coworkers who want to remove Starbucks Workers United (SBWU) from their workplace. Caesar is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
“We have seen our workplace both with and without the union. We believe that the union is looking out for itself more than it is looking out for Starbucks partners, who do not want forced dues and can advocate for ourselves. That is why a majority of us have decided we would be better off without the union. The fact that the union officials have forced us to go through this decertification process despite the majority of workers stating they do not want to be represented by this union shows how little regard the union has for the will of the workers. We call on union officials to respect our rights and not attempt to fight this vote,” stated Caesar.
Under federal law, workers can trigger an NLRB-supervised decertification election with the signatures of 30% or more of the employees in a workplace. Caesar and his Roastery co-workers’ petition meets the criteria.
However, on May 18, 2023, NLRB Region 2 officials ordered each party to file briefs to determine whether or not to process the decertification petition by the Starbucks Roastery employees. The order suggests that unfair labor practice charge allegations filed by Workers United, an affiliate of Service Employees International Union (SEIU), could stop the petition from being processed. Such claims are often filed with the purpose of completely derailing employee decertification efforts, like the one taking place at the Starbucks Roastery.
In response to this order, Caesar’s Foundation staff attorneys filed a brief, emphasizing the wishes of the employees to continue with the decertification process and the importance of not trapping workers under monopoly union representation that lacks the support of a majority of the workers. This is a fundamental principle of the National Labor Relations Act that the NLRB is charged with enforcing.
“The policy of the Act is not to promote unionism per se; rather, it is to protect employees in their choice of representative,” the brief states. “Dismissing the decertification petition would disregard Petitioner’s and his colleagues protected statutory right to not associate with a union and benefit the Union at the expense of employee rights. Petitioner’s efforts to collect signatures and secure the backing of a majority of his colleagues on his showing of interest should not be so easily disregarded.”
The filing also describes the workers’ reasoning for wanting to exercise their right to remove the union: “Caesar filed a petition to decertify the Union. His petition was supported by a showing of interest indicating a majority of employees no longer want Union representation. Caesar does want to be represented by the Union because, in his opinion, the Union is self-interested, divisive, and unfocused on New York Roastery employees. He does not want to be forced to pay dues and prefers to advocate for himself, rather than have a third party do so.”
The decertification petition at Starbucks Roastery is just the latest employee decertification effort at Starbucks. In just two weeks, three different Starbucks locations in New York filed decertification petitions. Foundation staff attorneys also represent the petitioner in the Buffalo case.
The Foundation has also issued a legal notice to all Starbucks employees, offering free legal aid to any worker who may be interested in decertifying SBWU at their workplace and informs them of their rights in the workplace.
“If union officials cared about the actual wishes of rank-and-file Starbucks Roastery team members they would not be seeking to disenfranchise them by stopping a vote from taking place,” commented National Right to Work Legal Defense Foundation President Mark Mix. “The workers who oppose the union did nothing wrong, and the NLRB should reject attempts to strip them of their right to vote the union out.”
National Right to Work Foundation Attorney Testifies Before Congress, Spotlighting NLRB Push for Coercive ‘Card Check’
Experienced worker attorney blasts NLRB effort to rewrite the law to eliminate secret ballot votes & trap workers in unions they oppose
Washington, D.C. (May 23, 2023) – Today, National Right to Work Foundation staff attorney Aaron Solem will testify in front of the House Subcommittee on Health, Employment, Labor, and Pensions chaired by Representative Bob Good. Solem’s testimony will highlight the growing issues with the National Labor Relations Board (NLRB) and how the current NLRB and NLRB General Counsel are undermining the rights of workers in order to grant union bosses more coercive power.
Solem’s testimony emphasizes a growing number of NLRB failures to protect employees’ rights in the workplace, including General Counsel Jennifer Abruzzo’s plan to eliminate secret ballot elections and mandate unionization based on coercive “card check.” Solem’s testimony also blasts the NLRB for attempting to repeal restrictions which make it easier for union officials to file “blocking charges,” which can delay or block decertification elections no matter how many workers have signed a petition requesting a vote and opposes the union’s so-called “representation”:
“NLRB General Counsel Abruzzo, the Biden-appointed majority on the NLRB, and even some in this Congress are attempting to undermine employee free choice by ending or limiting the secret ballot. General Counsel Abruzzo is seeking to virtually end secret ballot elections and mandate unreliable, undemocratic union card checks as the primary method of union selection. The Board is also making it harder to oust a minority union by bringing back the disreputed and heavily criticized ‘blocking charge’ policy. This policy will make it harder for individual employees to decertify unwanted unions through secret ballot elections, even if 100% of the employees no longer wish to be represented.”
After highlighting the egregious dissolution of employee rights happening under Abruzzo and the Biden Administration, Solem suggested some reforms Congress could make to strengthen the freedoms of rank-and-file workers, including those he represents in cases before the NLRB:
“Rather than ratify the Board and General Counsel’s attempts to undermine secret ballot elections and entrench unpopular unions, this Committee should look to other solutions. Those solutions should grant employees more choices—ideally, the choice not to be forced to pay dues to a union. At the very least, the solution should guarantee employees a right to vote in a secret ballot election. These are far better solutions than the divisive policies being pursued by the Biden Administration and its politically-motivated appointees to the Board.”
Solem testified alongside former NLRB Member Phil Miscimarra, small business owner Cecil Leedy, and forced union dues-funded CWA lawyer Angela Thompson.
“Union bosses should not be given the power to force workers under their so-called ‘representation’ without even a secret ballot election,” observed National Right to Work Foundation President Mark Mix. “More scrutiny is needed of the Biden NLRB, which time after time seems to be acting like taxpayer-funded organizing for Big Labor, rather than a neutral arbiter of a law that is supposed to protect the legal rights of workers who are opposed to unionization.”
