Starbucks Roastery Workers Move to Oust Union after One Year
NYC Starbucks employees file petition to decertify SEIU union affiliate after just one year under the union’s compulsory ‘representation’
New York, NY (May 10, 2023) – A Starbucks Roastery worker in Chelsea, Manhattan recently filed a petition for a vote on whether to remove NY-NJ Regional Joint Board, Workers United, an affiliate of Service Employees International Union (SEIU). The petition, submitted with the National Labor Relations Board (NLRB), was filed by Kevin Caesar. Caesar is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
On May 9, 2023, Starbucks employee Caesar filed the decertification petition to obtain a vote on whether to remove the union, often called Starbucks Workers United (SBWU) from their workplace. After being unionized for just over one year, the workers have had enough of the union and believe they would be better off without it. Under the National Labor Relations Act, which the NLRB is charged with enforcing, workers must wait one year after a unionization vote before they can seek another vote, such as the decertification election Caesar and his coworkers have demanded.
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, including forced dues, on the workers. If a majority vote against the union, the workers will join the vast majority of Starbucks workers across the country who are free from union boss-control.
The Starbucks workers are just the latest example of growing dissatisfaction with union officials’ “representation.” Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
Unfortunately, the NLRB’s union decertification process is prone to union boss-created roadblocks, which can impact the Starbucks workers if union officials plot to stay in power regardless of workers’ wishes. Foundation-backed NLRB reforms from 2020 have made it somewhat easier for workers to escape unwanted union “representation,” such as the “Election Protection Rule” that prevents union bosses from filing trumped-up “blocking charges” to delay or stop decertification elections entirely.
Prior to these Foundation-backed reforms, workers often had their decertification votes delayed by unproven union blocking charges, giving union bosses the power to trap workers in union ranks they oppose nearly indefinitely. Under the Foundation-backed reforms, most votes take place promptly, with union blocking claims adjudicated after the votes have been counted. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder for workers to decertify a union.
“No worker anywhere should be forced under so-called union ‘representation’ they oppose,” commented National Right to Work Foundation President Mark Mix. “Starbucks workers around the nation that also fall victim to union tyranny should know they can turn to Foundation staff attorneys for assistance.”
“While we are happy that the Starbucks workers are able to take their first steps in exercising their rights oust an unwanted union, we call on SBWU union officials not to attempt to block or otherwise interfere with the rank-and-file workers’ right to hold this vote,” continued Mix. “Union bosses should not be allowed to keep their grip on power simply by disenfranchising those they claim to ‘represent.’”
Illinois Security Officer Defends Janus Rights Amidst Union Discrimination
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Union officials sought to coerce membership by preventing non-members from defending their jobs
Foundation attorneys aided Illinois public employee Mark Janus with former Illinois Governor Bruce Rauner (right) in his landmark First Amendment victory. But Foundation attorneys often must fight to enforce Janus rights, as in Chris Logan’s case.
CHICAGO, IL – The National Right to Work Foundation’s landmark Supreme Court victory in Janus v. AFSCME was a milestone for public sector workers. For the first time, the Court recognized that every American public sector worker had the constitutional right to cut off dues to a union they oppose.
Even with this important First Amendment protection, however, union bosses unfortunately still wield an enormous amount of power over workers who have ended their affiliation with the union. Because of laws that authorize monopoly union “representation” in the public sector, union officials still have significant control over independent-minded employees’ working conditions, pay, benefits, and more.
City of Chicago aviation security officer Chris Logan discovered just how painful Illinois Council of Police (ICOP) union bosses could make life for him after he exercised his Janus rights. In 2020, following a dispute about his job performance, Logan took action to protect his job under the terms of his employment contract, only to have union bosses exploit the opportunity to attack Logan. The union would not allow Logan to file a grievance to protect his job unless he joined the union.
Officer Challenges Discriminatory Grievance Scheme with Foundation Aid
“ICOP union officials basically tried to force me to join and pay dues to the union by making it impossible for me to defend my job otherwise,” commented Logan. “I exercised my Janus rights and left the union because I didn’t think that ICOP officials were good ‘representatives’ of me or my coworkers.”
“Instead of trying to win back my support voluntarily, union bosses used their power to deprive me of all options when I tried to defend my job — I couldn’t even file or arbitrate a grievance myself,” Logan added. “In my mind, that simply confirms I made the right decision when I left this union.”
However, with free legal representation from National Right to Work Legal Defense Foundation staff attorneys, Logan won a decision from the Illinois Labor Relations Board (ILRB) in late 2022 that decisively declared ICOP officials’ “members only” grievance scheme illegally discriminatory against non-members.
Logan first exercised his Janus rights in October 2019, telling the union by letter that he no longer wished to pay union dues. Throughout 2020, Logan faced allegations about his job — possibly instigated by union militants. Per the union monopoly agreement he was subjected to, he tried to get union officials to fulfill their role, as monopoly “representatives” of the workplace, to file grievances challenging the City of Chicago’s disciplinary actions against him.
Union officials who maintain “monopoly bargaining power” in a workplace can legally impose their control over every worker, even those who have disaffiliated with the union. Because of this privilege, however, they are also legally obligated not to discriminate against non-members when it comes to grievances or other matters. However, as Logan discovered, union officials regularly ignore this “duty of fair representation.”
Union Officials Completely Ignored ‘Fair Representation’ Legal Obligation
ICOP union officials summarily rejected all of Logan’s requests to file grievances, and even told him that he could not file grievances himself. At one point, after an ICOP union official sent Logan an email falsely claiming the union had no legal obligation to participate because Logan had exercised his Janus rights, the ICOP lawyer chimed in to tell Logan, “I concur. Good luck.” The union stated it would not file grievances for Logan simply because he was a non-member.
Logan filed unfair labor practice charges against ICOP and the City of Chicago in August 2020, maintaining that the union’s actions were illegal. An ILRB Administrative Law Judge agreed with Logan’s charges in May 2022, declaring that ICOP “violated [Illinois labor law] when its agents restrained or coerced the Charging Party in the exercise of rights . . . by threatening to deny the Charging Party equal representation in the disciplinary and grievance matters.” The ILRB later adopted this ruling, leading to Logan’s Foundation-won victory when union officials did not attempt to appeal the decision to Illinois state court.
Monopoly Bargaining Powers Open Door to Corruption
“Union bosses maintain unilateral control over workers under a ‘monopoly bargaining’ regime,” commented National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse. “For public sector workers across the country, Janus is the only check they can use against this power, and even then they could face retaliation for doing so.”
“Cases like Mr. Logan’s, where union bosses used their bargaining powers to discriminate against a worker who exercised Janus rights, ought to make our elected leaders reconsider how much privilege our laws grant unions,” LaJeunesse added.
Alaskan Factory Workers Overwhelmingly Vote to Remove Unwanted Union Monopoly ‘Representation’
Spenard Building Supply employees vote 17-6 to oust Pacific Northwest Regional Counsel of Carpenters union officials
Chugiak, AK (May 4, 2023) – Workers at the Spenard Building Supply factory recently voted to remove the Pacific Northwest Regional Counsel of Carpenters union by an overwhelming majority. A petition filed by Scot Breuer with the National Labor Relations Board Region 19 (NLRB) led to this successful vote. Breuer received free legal aid from the National Right to Work Legal Defense Foundation.
Scot Breuer filed a decertification petition with the NLRB on March 31, 2023, which was supported by a significant number of his coworkers. Under federal labor law, workers can trigger a decertification vote with the support of 30% or more of workers in a unionized workplace. The NLRB should then promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on workers. On April 12, 2023, the NLRB issued an election notice to all parties involved that stipulated an election date for May 2.
During the election on May 2, Spenard Building Supply employees made their position on the union clear when over two-thirds of the workers voted to remove the union from their workplace, with the official tally of 17-6. Barring any objections by union officials that seek to overturn the vote, the workers will be officially free of the union in one week.
The Spenard Building Supply election is just one example of workers looking to leave union control. Currently, the NLRB’s own data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
Unfortunately, the NLRB’s union decertification process is prone to union boss-created roadblocks. Foundation-backed NLRB reforms from 2020 have made it somewhat easier for workers to remove unwanted union officials, such as the “Election Protection Rule” that prevents union bosses from filing trumped-up “blocking charges” meant to delay or stop decertification elections entirely.
Prior to these Foundation-backed reforms, workers often had their decertification votes delayed by unproven union blocking charges, giving union bosses the power to trap workers in union ranks they oppose nearly indefinitely. Under the Foundation-backed reforms most votes take place promptly, with union blocking claims adjudicated later, after the votes have been counted. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder for workers to decertify a union.
“We are extremely pleased to help these Alaskan workers exercise their right to remove a union they want nothing to do with. With over two-thirds of the votes being cast in favor of removing the union, this case is a clear example as to workers’ growing dissatisfaction with compulsory unionism,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “Unfortunately, as the NLRB moves to roll back reforms that gave workers at Spenard a speedy victory, workers will again find it increasingly difficult to exercise their rights and decertify unwanted unions even when opposition to the union’s so-called ‘representation’ is overwhelming.”
Oakland County Employee Slams Union with Federal Charges Over Illegal Seizure of Dues
As Right to Work repeal looms, Milford, Michigan, Kroger employee challenges UFCW union membership form designed to coerce dues deductions
Milford, MI (May 3, 2023) – Michigan Kroger employee Roger Cornett recently filed a federal unfair labor practice charge with the National Labor Relations Board (NLRB) against United Food and Commercial Workers (UFCW) Local 876. Cornett is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
On April 26, Kroger employee Roger Cornett charged UFCW union officials with illegally seizing union dues from his paycheck. According to his charge, Cornett was presented with a “union membership application” form to complete during an employee orientation.
The form indicated that signing it would authorize both union membership and dues deductions. Cornett’s charge says the form violates federal labor law because of its “dual purpose” nature, as the law requires any authorization for union dues deductions to be voluntary and separate from a union membership application.
Cornett attempted to resign his union membership and revoke his dues deduction authorization around March 8. He successfully resigned his membership, but the union refused to stop deducting dues from Cornett’s paycheck, alleging that Cornett could only exercise his right to stop dues deductions within a tiny “window period” enforced by union officials.
Cornett’s charge comes as Michigan legislators have decided to repeal Michigan’s popular Right to Work law, which prohibits union officials from forcing workers to join or pay dues to a union to get or keep a job. Once the repeal becomes effective, Michigan union officials will again be able to get workers fired for refusal to pay union fees.
The Foundation published a legal notice to Michigan workers, stating “after the repeal statute takes effect, it will be legal under Michigan law for private-sector employers and unions to enter into agreements that compel workers to pay fees to unions as a condition of employment.” The notice also informs Michigan Workers of their legal options after the repeal of Right to Work.
“Union boss pressures will only increase as the repeal of Right to Work nears. Foundation staff attorneys will continue to assist Mr. Cornett in navigating his case,” states Mark Mix, President of the National Right to Work Legal Defense Foundation. “In less than a year, Michigan union bosses will once again have the power to demand workers be terminated merely for refusing to support the union’s agenda with their hard-earned money.”
“The Michigan legislature and Governor Whitmer, both of whom genuflect to union boss lobbyists, made a huge mistake in repealing the Right to Work law previously protecting individual workers. Numerous polls have shown Michiganders’ overwhelming support for the Right to Work law, and yet the Michigan Legislature chose to ignore the will of the people and the rights of workers,” continued Mix. “However, even as the demise of the Right to Work law in Michigan looms, Michigan workers can still reach out to National Right to Work Foundation staff attorneys to learn what rights they have to oppose union coercion, and to request help in exercising those rights.”
Orlando Airport Fueling Employees Successfully Oust USWU Union Officials Who Tried to Stop Union Decertification Vote
USWU outrageously claimed that vote among approximately 1,000 PrimeFlight employees across country was necessary to boot union just at Orlando Airport
Orlando, FL (May 2, 2023) – Robert Anderson and his fellow PrimeFlight Aviation Services fueling employees at Orlando International Airport have successfully ousted United Service Workers Union (USWU) Local 74 union officials from their workplace. Anderson and his colleagues received free legal aid from the National Right to Work Legal Defense Foundation in removing the unwanted union.
Anderson and his coworkers submitted a majority-backed petition to the National Mediation Board (NMB) in March 2023. The petition contained enough employee support to prompt the agency to conduct a union “decertification” investigation at his facility. However, union officials objected to letting the employees vote, outrageously claiming that Anderson and his coworkers were actually part of a nationwide “system” and the union decertification election would need to be conducted among almost every PrimeFlight employee in the country – even though Anderson and his colleagues simply wanted to dismiss the union from their Orlando workplace alone.
Foundation Attorneys Expose Outrageous Union Scheme to Stop Vote
Foundation attorneys refuted union arguments in a position statement, contending that the union’s position was completely at odds with the Railway Labor Act’s (RLA) basic purposes, which ensure that “employees can [choose] to join or refrain from unionization, and that they are entitled to the fullest freedom in making that choice.” The RLA governs private sector labor relations in the air and rail industries.
“The [union] reasoning is both illogical and devastating to employee free choice,” said Foundation attorneys’ statement. “Local 74 would require some 1,000 PrimeFlight fuelers, at all locations, to weigh-in on whether the employees at one specific location in Orlando should be represented by Local 74, even though those other employees cannot possibly have any…interest in the representational choices of the Orlando location’s employees.”
Further, Foundation attorneys pointed out that USWU union officials’ position was especially suspect considering “the fuelers at other locations are represented by unions other than Local 74” (emphasis added) and have completely different contracts and working conditions. Had the USWU officials’ position been adopted, in order to eject a union for workers at one location, the workers would need signatures from hundreds or potentially thousands of workers at other locations. That could include not only workers covered by different unions with entirely different monopoly bargaining contracts, but also nonunion workers at other facilities who are already free to negotiate their own terms of employment.
USWU Officials Back Down, Abandon Orlando Airport
After Foundation attorneys countered the union’s contentions, USWU union officials quickly backed down and disclaimed interest in maintaining power over Anderson and his coworkers. Likely wanting to avoid a vote of the rank-and-file fueling employees who petitioned for the decertification vote, union officials issued a letter on April 21, 2023, declaring that the union “abandons its representative status and disclaims interest in the aforementioned employees.”
The NMB closed the case on April 26, 2023, meaning Anderson and his fellow fuelers are officially free of the union.
Foundation attorneys have continuously sought to safeguard workers’ right to decertify unwanted unions at the NMB. In 2020, the Foundation filed a brief at the agency opposing the AFL-CIO’s effort to bring back the arbitrary “straw man” rule, which required workers interested in decertifying a union to solicit support for a fake “straw man” union just to vote out incumbent union officials.
“USWU union officials’ ridiculous proposal of a nationwide decertification vote disrespects the rights of rank-and-file employees to vote out union bosses they oppose,” commented National Right to Work Foundation President Mark Mix. “We applaud Mr. Anderson and his fellow airplane fuelers for exercising their rights even in the face of such opposition from USWU union officials, but there are likely many other employees across the country whose efforts to oust an unpopular union have been stifled by such legal maneuvering. National Right to Work Foundation staff attorneys stand ready to aid employees who experience similar barriers to their rights.”
Following Teachers’ Petition, Gompers Prep Charter School Employees Set to Vote on Removing Union from School
Vote to remove SDEA union scheduled to begin May 10. In previous attempt to remove union, union officials were able to delay vote for nearly two years
San Diego, CA (April 28, 2023) – California Public Employment Relations Board (PERB) has recently issued an election notice to the employees of Gompers Preparatory Academy, a public charter school in San Diego. Just over two months after employees there submitted a petition, they will be able to cast their vote on whether to remove San Diego Education Association (SDEA) union bosses’ so-called “representation.”
This election notice comes after computer teacher Sean Bentz submitted a decertification petition to PERB in March containing signatures of a majority of the teachers under the SDEA union’s control. Bentz filed the new decertification petition renewing the fight to oust the union at the earliest time permitted by California labor regulations, which immunize union officials from employee-led decertification efforts for almost the entire duration of a union contract. Bentz is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
According to the election notice promulgated by PERB, the voting period begins on May 10, 2023, and ends on June 6, 2023. The votes are to be counted on June 7, 2023. Due to current guidelines imposed by PERB, the election will be by mail ballot.
The announcement of this vote is a victory for Gompers Preparatory employees who previously had to wait nearly two years for a vote following an earlier petition. In that instance, Gompers chemistry teacher Dr. Kristie Chiscano submitted a decertification petition in October 2019 with free legal aid from the Foundation. However, despite this petition having the backing of the requisite number of teachers for a vote, SDEA union bosses worked to subvert the election by filing so-called “blocking charges,” containing allegations of employer misconduct.
Despite their never holding a hearing into whether SDEA union bosses’ claims had any merit, PERB officials delayed the decertification vote nearly two years, giving union officials time to undermine support for removing the union. Union attacks against prominent supporters of the decertification petition also resulted in charges against the union at the PERB for illegal intimidation.
Gompers made an impressive transition to being a union-free charter school in 2005 after years of being plagued by unresponsive union bureaucracies, violence, and poor academic achievement. However, the union was imposed again in January 2019 via “card check,” an abuse-prone process that bypasses the traditional secret-ballot vote system. Many teachers and parents have long viewed the reinstallation of union power at the school with suspicion. Many accused SDEA agents of actively sowing division at the school, including by supporting anti-charter school legislation and needlessly disparaging the school’s leadership.
“We are pleased that the teachers of Gompers Preparatory Academy are set to get a prompt vote on whether to remove SDEA union officials from their workplace. We hope union officials will not again resort to underhanded tactics to subvert the voices of teachers who wish to end the union’s so-called ‘representation,’” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “The history of the Gompers school is one of throwing off the chains of a union monopoly and then thriving as a result, and we’re proud to stand with these teachers who are seeking to exercise their right to do that now.”
Connecticut State Trooper Wins $260,500 Settlement in Federal Lawsuit Against Police Union and Department Officials
Trooper was demoted after he abstained from funding union politics, CSPU union has now backed down and settled case
Hartford, CT (April 28, 2023) – Connecticut State Trooper Joseph Mercer has won a settlement in his federal civil rights lawsuit against the Connecticut State Police Union (CSPU) and Department of Emergency Services (DESPP) officials, in which he charged them with illegally demoting him for opposing union membership and politics. Mercer received free legal aid from staff attorneys at the National Right to Work Legal Defense Foundation.
Mercer’s suit began in 2016, when he accused the CSPU union, CSPU President Andrew Matthews, and DESPP Commissioner Dora Schriro of knocking him out of a prestigious Operations Sergeant position after he exercised his First Amendment rights to abstain from CSPU membership and not pay dues to support the union’s political activities. The department placed Mercer in a position that offered fewer overtime opportunities and involved less time in the field.
In August 2018, the U.S. District Court for the District of Connecticut denied motions to dismiss the case filed by CSPU and state officials, allowing the case to proceed. Pressure on defendants increased in May 2022, when the District Court ordered DESPP Commissioner James Rovella, who had replaced Schriro, to turn over additional discovery.
Now, CSPU and DEPP officials have backed down and settled the case. As part of the settlement, Mercer will receive more than two hundred thousand dollars from CSPU and DEPP.
Connecticut State Trooper Groundlessly Fired After Objecting to Union Politics
In May 2015, Sergeant Mercer was appointed Operations Sergeant of the Emergency Services Unit, a prestigious command position that entails significant responsibility for Emergency Services training and field operations. Although Sergeant Mercer had seventeen years of experience, in June 2015, CSPU President Matthews filed a grievance over Sergeant Mercer’s appointment.
Matthews’ grievance claimed that there had been no “selection process” to fill the position, despite the fact that none of Sergeant Mercer’s union-member predecessors had undergone any particular kind of selection process before they got the job.
Mathews filed a second baseless grievance, alleging Mercer had mismanaged an incident involving an armed suspect barricaded in a hotel. State police officials had never expressed dissatisfaction with how Mercer handled the situation.
In October 2015, after meeting in private with the union president, the then-Commissioner of the DESPP transferred Mercer out of his Operations Sergeant position to an administrative post. That new position gave Mercer substantially fewer opportunities to work in the field or to accrue overtime pay. Prior to this demotion, Mercer had received no warnings, reprimands, or other disciplinary actions regarding the incident referenced in Matthews’ grievance. Mercer filed his lawsuit with Foundation aid in February 2016.
Mercer’s Foundation-won settlement now requires CSPU and the State to pay $260,500.00.
Public Servants Have First Amendment Right to Stop Supporting Union Politicking
“We at the Foundation are proud to have defended Sergeant Mercer’s rights and secured him a settlement that vindicates his free association,” commented National Right to Work Foundation President Mark Mix. “However, it’s disgraceful that CSPU union officials targeted Mercer, a dedicated public safety officer, with such a vicious retribution scheme in the first place. Public servants should not have to endure multi-year lawsuits just so they can refrain from supporting union politics they oppose.”
“Situations like these demonstrate why the Foundation-won Janus v. AFSCME decision, which the U.S. Supreme Court decided while Mercer’s case was ongoing, is so important,” Mix added. “As was obvious in Mercer’s case, unelected public sector union bosses often wield their enormous clout over government to serve the union’s private interests over the public interest. That’s why it’s vital that public employees can exercise their First Amendment Janus right to cut off all financial support of union bosses who are contorting government in this way.”
Northwest Ohio Employees File Suit to Knock Down Another Janus Restriction
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Foundation-aided Ohio workers have already won string of victories over union-imposed ‘escape periods’
From left: Penny Wilson, Theresa Fannin, and Kozait Elkhatib aren’t taking AFSCME union officials’ onerous First Amendment restrictions sitting down. With free Foundation legal aid, they will continue the fight to protect Janus in Ohio.
TOLEDO, OH – American Federation of State, County, and Municipal Employees (AFSCME) union bosses seem to have a knack for violating Ohio public workers’ First Amendment right to refrain from paying union dues.
Fortunately, National Right to Work Foundation staff attorneys are even more adept at forcing Ohio AFSCME bosses to back down from their unconstitutional dues schemes, and have led Ohio government workers to victory in several such cases.
The latest case in this saga comes from three Lucas County Job and Family Services (JFS) employees, who in December filed a federal civil rights lawsuit against the AFSCME Ohio Council 8 union and their employer for violating their constitutional rights.
Penny Wilson, Theresa Fannin, and Kozait Elkhatib’s lawsuit says AFSCME union officials illegally seized money from their paychecks in violation of their First Amendment rights as recognized in the landmark 2018 Foundation-won Janus v. AFSCME U.S. Supreme Court decision. The Ohio public employees are receiving free legal aid from the National Right to Work Foundation and the Ohio-based Buckeye Institute.
Union Officials Kept Employees in the Dark About Janus Freedoms
In Janus, the Court declared it a First Amendment violation to force public sector workers to pay union dues or fees as a condition of employment. The Court also ruled that union officials can only deduct money from the paycheck of a public sector employee who has voluntarily waived his or her Janus rights.
“Plaintiffs . . . file this suit to stop Lucas County JFS and AFSCME from seizing union payments from them without their consent and to receive compensation for violations of their First Amendment rights,” reads the workers’ complaint.
Officials from AFSCME Council 8 and Lucas County JFS enforce a policy which permits the direct deduction of union dues from employees’ paychecks. According to the policy, employees who wish to stop subsidizing the union have only a few days per year in which to do so — an “escape period” that effectively forbids the exercise of their First Amendment Janus rights for more than 90 percent of the year.
AFSCME union officials never informed Wilson, Fannin, and Elkhatib of this restriction. Union officials also never told the women that they had a First Amendment right under Janus to abstain from dues deductions, or that union dues could only be taken from them if they waived that right.
The employees discovered their Janus rights and attempted to exercise those rights twice by sending letters to AFSCME union officials stating that they were ending their union memberships and terminating dues deductions. AFSCME union officials denied all three women’s requests, stating that union dues deductions would continue because the letters missed the narrow “escape period” imposed by the union.
Wilson, Fannin, and Elkhatib’s lawsuit seeks to stop Lucas County JFS and AFSCME union officials from seizing dues from their paychecks. It also seeks a refund of all union dues taken from their wages without their consent.
Foundation Janus Victories Continue to Stack Up in Ohio
Independent-minded Ohio public employees are on a winning streak against AFSCME officials’ “escape period” arrangements. Foundation attorneys scored a significant victory for Ohio public servants’ Janus rights in a 2020 lawsuit against another Ohio AFSCME local (Council 11). Rather than face off against Foundation attorneys, those AFSCME union officials backed down and settled the case. As a result, Foundation attorneys freed almost 30,000 Ohio public employees from a “maintenance of membership” scheme that limited the exercise of Janus rights to roughly once every three years.
In fact, Wilson, Fannin, and Elkhatib’s suit isn’t the first time that Foundation attorneys have faced off against AFSCME Council 8 officials. In 2019, Foundation attorneys brought a similar First Amendment suit for seven Ohio employees that brought down another restrictive “escape period” enforced by Council 8 chiefs.
AFSCME Council 8 Officials Caught Red-Handed Again Violating First Amendment
“Even after abandoning other ‘escape period’ schemes to avoid facing Foundation staff attorneys in court, shameless AFSCME union officials continue to violate the Janus rights of the very employees they claim to ‘represent,’” commented National Right to Work Foundation Vice President Patrick Semmens.
“America’s public workers should not have to file federal lawsuits to protect their money and their First Amendment rights from the predations of public sector union officials.”
Louisville Ford Assembly Plant Employee Wins Refund in Case Charging UAW Union Officials and Ford with Illegally Seizing Dues Money
Embattled UAW and Ford back down and settle case; numerous UAW officials currently serving sentences for embezzlement and corruption
Louisville, KY (April 26, 2023) – A Ford Louisville Assembly plant employee has just prevailed in her federal cases against the United Automobile Workers (UAW) Local 862 union and her employer. Shiphrah Green charged union officials in October 2022 with illegally seizing dues money from her paycheck and threatening her job after she exercised her right to refrain from union membership. Green filed a similar charge against Ford for its role in the scheme.
Green received free legal representation from National Right to Work Legal Defense Foundation staff attorneys, who asserted her rights before National Labor Relations Board (NLRB) Region 9 in Cincinnati. In addition to the illegal dues deductions and threats, Green’s October 2022 charges also detailed that UAW and Ford officials had forced her to navigate several unnecessary and unlawful steps to end her financial support for the union.
Foundation attorneys argued that the UAW union and Ford violated her rights under Section 7 of the National Labor Relations Act (NLRA), which protects American private sector employees’ right to refrain from any or all union activities. Additionally, Kentucky is a Right to Work state, meaning that state law prohibits union officials and employers from requiring workers to join or pay union dues or fees to keep their jobs.
Now, pursuant to settlements, Green will be reimbursed for all the dues illegally seized from her paycheck. UAW and Ford must also post notices informing workers that they will no longer continue to take dues from employees’ paychecks after they have resigned from the union, or create unlawful roadblocks to terminating membership or stopping dues deductions.
UAW Officials Block Employee from Exercising Basic Rights
According to her charges, Green sent correspondence to both UAW and Ford officials on April 21, 2022, informing them she was resigning her union membership and cutting off union dues deductions from her wages. Neither granted her request, and Green instead received an email from UAW Local 862’s president notifying her that she must come to the union hall to be shown the purportedly “correct” method to leave the union.
At a meeting with union officials at the UAW union hall on April 25, 2022, UAW officials interrogated Green about why she wanted to leave the union. They also demanded she sign a letter listing “benefits” Green would supposedly forgo if she went through with exiting the union.
The charge contended that NLRB precedent prohibits requiring workers to sign such a document so they can exercise their right to end their union membership and stop dues deductions. UAW Local 862’s president apparently went even further. According to the charge, he told Green “if it were up to me, you’d lose your job for leaving the union.”
As this chain of events with the union was unfolding, Green was also trying to get Ford management to end the dues deductions. This also proved fruitless, as Ford officials gave her several confusing responses and even told her at one point that, under the union monopoly bargaining contract, she could only cease dues deductions in February 2023 – even though paperwork she signed previously stated it could be revoked at will.
The charges contended that Ford violated federal law by “continuing to take full union dues” from Green’s paycheck at union bosses’ behest even after she had requested that they stop. The charges also stated that UAW Local 862 violated the law by continuing to accept those illegally-seized dues, by “restricting her union membership resignation, and by making threatening comments that would chill an ordinary employee’s exercise of Section 7 rights.”
After an investigation into the charges, NLRB Region 9 agreed that Ford and UAW officials’ actions violated federal law. To avoid a federal prosecution for their illegal actions, the company and union quickly settled.
Green’s Foundation-won settlements mandate that Ford and the UAW union return all money taken from Green’s paycheck since April 21, 2022, the date she first tried to resign from the union. UAW officials must also abstain from threatening that “you should or could incur disciplinary problems and job loss with Ford Motor Company Louisville Assembly Plant . . . because you inform us that you are resigning from the union.”
Systemic UAW Disrespect for Workers’ Rights May Be Rampant at Louisville Ford Plant
“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,” commented National Right to Work Foundation President Mark Mix. “As Ms. Green’s case shows, these issues are systemic and widespread, and any other Louisville Ford Assembly Plant worker facing UAW union boss attempts to coerce union membership or dues payment should contact the Foundation for free aid in protecting their legal rights.”
“Louisville Ford Assembly employees should know that, under Kentucky’s Right to Work law, union bosses can’t force them to join or pay any money to the union as a condition of employment,” Mix added.
With Right to Work Repeal Coming, Michigan Workers Seek a Vote to End Union ‘Representation’ They Oppose
Majority of TerryBerry employees in Grand Rapids signed decertification petition seeking to oust machinist union
Grand Rapids, MI (April 25, 2023) – TerryBerry Company employee Mary Soltysiak filed a petition for dozens of her coworkers with the National Labor Relations Board Region 7 (NLRB) seeking a vote to remove the International Association of Machinist of Aerospace Engineers (IAM) District Lodge 60/Local Lodge 475 union officials’ forced representation powers.
This workers’ decertification petition comes in the wake of Michigan legislators ramming through a bill to repeal their state’s decade-old and highly popular Right to Work law. When the repeal law takes effect, union officials will once again have the power to force workers to pay up or be fired in workplaces where the union has forced “representation” powers.
Mary Soltysiak and her coworkers at TerryBerry Company filed for a decertification vote on April 14, 2023, with free legal aid from National Right to Work Legal Defense Foundation staff attorneys. Previously, she had been under the protections of the Michigan Right to Work law since 2018. Her decertification petition contained signatures of a majority of the employees in the unit.
Under federal labor law, workers can trigger such a decertification vote with the support of 30% of workers in a unionized workplace. The NLRB should then promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on workers.
National Right to Work Foundation-backed reforms the NLRB adopted in 2020 made it somewhat easier for workers to exercise their right to hold votes to remove unwanted union officials. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder to decertify a union.
Even under the 2020 “Election Protection Rule” overcoming union tactics to block such votes can often be difficult, which is why workers are encouraged to contact the Foundation for free legal representation in navigating the process. Worker interest in removing unwanted unions is growing nationwide, especially in Michigan. The National Right to Work Legal Defense Foundation staff attorneys field numerous requests for free legal assistance in decertification cases, like the one brought by Soltysiak and her coworkers.
The NLRB’s own data shows that, currently, a unionized private sector worker is far more likely to be involved in a decertification effort as a nonunion worker is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“Poll after poll showed that Michigan voters overwhelmingly supported Michigan’s Right to Work law, which doesn’t prevent a single person from voluntarily joining or paying dues to a union, but merely protects workers from being fired for non-payment,” observed Mark Mix, President of the National Right to Work Legal Defense Foundation. “Instead of listening to voters and trusting workers to decide whether or not to subsidize union activities, anti-Right to Work legislators and Governor Whitmer decided to cater to politically-connected union bosses and gave them the power to extort workers to pay up or be fired.”
“As Michigan workers again face the prospect of mandatory union dues, we expect more will follow these TerryBerry workers and seek an end to union officials’ so-called ‘representation’ in their workplaces,” continued Mix. “Being forced under a union you oppose is bad enough, but then being told to pay up or be fired is even worse. Michigan workers should know that National Right to Work Foundation staff attorneys stand ready to assist them in exercising their right to decertify unwanted unions.”
