New York Farmworkers Seek to Challenge ‘Card Check’ & Uproot UFW Union Bosses
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Farmworkers fight union argument that New York labor law lets union bosses trap workers forever
Porpiglia Farms workers, who were targeted by an aggressive UFW ‘card check’ campaign against the farmworkers, are banding together to vote the union out and ensure that union officials reap what they have sown.
MARLBORO, NY – In 2020, the New York State Assembly passed a Big Labor-backed law that granted union officials sweeping new powers to impose their monopoly bargaining control over the state’s farmworkers. Since New York is one of 24 states that lacks a Right to Work law, the law authorizes union bosses to force farmworkers to pay union dues or else be fired.
But that’s not all: New York labor law went even further by mandating “card check” organizing, in which union officials deny workers a secret ballot union vote and instead claim majority support by submitting cards ostensibly showing worker support. These cards are often collected through pressure tactics, intimidation, or even threats.
But even that dramatic increase in power over the agricultural sector and agricultural workers is not enough for United Farm Workers (UFW) union officials.
UFW tyrants are advancing the cynical argument that, under New York law, workers can be forced into union ranks but can never escape forced unionism. They argue this to counter a recent National Right to Work Foundation-backed union decertification case for employees of Porpiglia Farms, an apple farm in the Hudson Valley of New York.
NY Fruit Farmworkers Seek Union Ouster After ‘Card Check’
Porpiglia employee Ricardo Bell submitted a petition last year in which he and his coworkers asked the New York Public Employment Relations Board (PERB) to hold a vote at the orchard on whether to remove the UFW. (Despite its name, PERB is responsible for enforcing labor law in both New York’s public and agricultural sectors.)
In late 2024, Foundation attorneys filed a brief for Bell countering union officials’ absurd argument that one card check drive should lock employees in a union forever. Additionally, more Foundation-backed decertification cases are sprouting up in both New York and other Big Labor-dominated states for farmworkers who are rejecting UFW officials’ card check schemes.
Brief Challenges Theory That Workers Have No Right to Remove Incumbent Union
Bell filed his decertification petition with Foundation legal aid after UFW union officials seized power at his workplace through a hasty card check unionization drive. His newest filing attacks union bosses’ contention that once a union is certified as the monopoly union “representative” of a work unit, there can be no option to remove it.
“[New York labor law] does not indicate that employees have a single chance at self-organization,” the brief says. “If that were the case, the very action of choosing a representative under [New York labor law] would deprive employees of the ability to exercise [their rights] in perpetuity….”
Foundation-Backed Workers Battle UFW ‘Card Checks’ Across Country
Since Bell’s filing, Foundation attorneys have also assisted in a union decertification effort for workers at Cherry Lawn Fruit Farms near Rochester, NY, who were targeted by a similar UFW card check campaign. These two groups of New York farmworkers join Foundation-backed employees of Wonderful Nurseries in California in challenging the UFW’s tactics.
Wonderful Nurseries workers still have multiple unfair labor practice charges pending against UFW bosses for deceptive behavior during an early 2024 card check drive. The charges detail UFW agents lying about the true purpose of cards that they collected from workers, and harassing workers who now back an effort to vote the union out.
“The aggressive and often demeaning tactics that UFW union officials use to seize control over agricultural workers show clearly why ‘card check’ is a bad idea in the agricultural sector, the public sector, and in any sector,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “UFW officials are arguing that workers should have little or no chance at all to challenge a union’s ascent to power by this process.
“The idea that workers have no ability to eject a union once it is installed in power further demonstrates that this is not about workers’ choices at all, only about union bosses’ power over workers, even when workers overwhelmingly want nothing to do with union bosses’ so-called ‘representation,’” added Messenger.
Philly-Area Manufacturing Employees Triumph Over UAW Intimidation Campaign
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
UAW bosses now required to attend federal training after trying to fire non-striking workers
Despite an active federal corruption investigation, UAW President Shawn Fain and his underlings continue to push a radical political agenda using workers’ dues money while ignoring the rights of the rank-and-file employees union bosses claim to “represent.”
PHILADELPHIA, PA – It’s not particularly difficult to see why United Auto Workers (UAW) union officials are having trouble convincing workers that the union has their best interests in mind.
The union’s upper echelon is still reeling from a federal probe that hit about a dozen top union bosses with prison sentences for embezzling workers’ dues, and to this day it appears that UAW President Shawn Fain — a so-called “reformer” — is being scrutinized by federal monitors for manipulating his position to secure personal benefits.
But the corruption within the UAW goes far beyond the union’s top executives. Throughout 2024, National Right to Work Foundation-backed workers for auto accessory manufacturer Dometic fought illegal UAW demands that they strike or be fired.
UAW Union Used Mass Texts, Social Media to Bully Workers
In March 2024, seven Philadelphia-area Dometic employees filed unfair labor practice charges against the UAW Local 644 union, detailing that UAW bosses had ordered a strike and threatened to get fired anyone who decided to keep working.
Despite the employees’ resignation of their union memberships, UAW officials began internal proceedings against each of them soon after the strike began. Federal labor law forbids unions from imposing internal discipline on those who abstain from union membership.
The Dometic workers didn’t back down. With free Foundation legal aid, all the workers won settlements in October 2024 that fully vindicated their rights. UAW officials must now make postings correctly informing workers of their right to abstain from union activities, and the settlement even requires union chiefs to undergo mandatory training on the limits of “a union’s right to impose internal discipline,” among other topics.
As the workers’ legal battle dragged on, the Dometic workers continued to expose ugly details of the UAW’s intimidation campaign surrounding the strike. In April 2024, Dometic employee Mario Coccie filed a second round of charges against UAW Local 644 for a mass text message that threatened all Dometic employees — not just those who had filed charges against the union — with termination if they didn’t strike.
“The information in this text reveals union officials’ real intentions, which is to hurt anyone willing to stand up for themselves,” said Coccie at the time. “What is happening in this case is completely unjust.”
UAW officials also refused to respect Coccie and his coworkers’ rights under the Foundation-won CWA v. Beck Supreme Court decision, which prohibits union officials from requiring workers to pay for the union’s political expenditures just to keep their jobs. Because Pennsylvania lacks Right to Work protections for its private sector workers, UAW bosses can force workers to pay union fees as a condition of employment, but must abide by Beck.
Legal Privileges Enable UAW Corruption
In addition to the notice postings and required training, the Foundation-won settlement orders union officials to delete social media posts threatening workers who refused to strike.
“We’re proud to have helped Mario Coccie and his coworkers vindicate their rights,” commented National Right to Work Foundation Vice President Patrick Semmens. “But it has become all too clear that union corruption — which can take the form of anything from stealing millions in worker dues to intimidating workers to join a picket line — is only made easier when union bosses are granted more legal privileges.
“Policymakers need to protect workers’ freedom to cut off funding for union bosses who don’t serve their interests, and to fully abstain from union activities that individual employees do not see as in their own best interest,” Semmens added.
City of Everett Employee Slams AFSCME Union and City With Labor Board Complaints for Illegal Dues Seizures From Paycheck
Washington State labor board finds merit in charges, demands response from union bosses and management
Everett, WA (May 2, 2025) – Xenia Davidsen, a custodian employed by the City of Everett, filed complaints against American Federation of State, County, and Municipal Employees (AFSCME) Council 2 union bosses and her employer for seizing dues money from her wages in violation of the First Amendment. Davidsen, who filed her complaints at Washington State’s Public Employment Relations Commission (PERC), is receiving free legal aid from the National Right to Work Legal Defense Foundation.
Davidsen invoked her rights under the landmark Foundation-won Janus v. AFSCME Supreme Court decision, under which American public employees have a First Amendment right to refuse to pay dues to an unwanted union in their workplace. In addition to establishing that no public sector worker can be fired for declining to subsidize union activities, Janus also held that union officials can only deduct union dues and fees from a public sector worker who has voluntarily waived his or her Janus rights. Janus protects public sector workers from forced union dues even in states like Washington that lack Right to Work protections.
Davidsen’s complaints explain how she ended her union membership and exercised her right under Janus to cut off dues payments for AFSCME, but City of Everett officials continued to deduct dues money from her paycheck for several months after her request. Even worse, Davidsen’s complaints reveal that AFSCME officials also violated Washington State labor law by accepting those deductions, not telling the employer to correct the issue, and not returning the illegally seized money to Davidsen.
Just this week, PERC agents issued a “Cause of Action Statement” finding merit in Davidsen’s charges and requesting a response from AFSCME union officials and the City of Everett. A hearing in the case will likely follow.
“I exercised my constitutional right to stop my hard-earned money from going to the AFSCME union or its officials, but neither my employer nor the union is respecting my freedom” commented Davidsen. “I’ve made it clear that I don’t support the AFSCME union. Union bosses shouldn’t get to hold onto my money simply because my managers violated the law by continuing to take it after I demanded a stop.”
Union Refuses to Return Money Illegally Seized From Worker’s Wages
According to Davidsen’s complaints, in June 2024 she submitted to AFSCME Council 2 a request to cut off dues deductions. Even though City of Everett officials received word of this request that same month, Davidsen’s complaints explain, “the Employer unlawfully continued to deduct dues from Davidsen’s paycheck, and [AFSCME Council 2] continued to accept those dues.”
“The unlawful deductions continued until February 2025,” the complaints say – which was when Davidsen obtained legal aid from the National Right to Work Foundation. Even though the City of Everett continued to take money from Davidsen’s paycheck for several months after she exercised her Janus rights, the union refuses to “return the monies that they were not legally entitled to back to Davidsen,” reads the complaint.
By ignoring her Janus rights, the complaints argue, AFSCME and the City of Everett violated multiple portions of Washington State labor law, including its provisions that permit workers to refrain from supporting a union and require unions to represent workers fairly.
“Janus might as well not exist at all to Washington State AFSCME union officials,” commented National Right to Work Foundation President Mark Mix. “They believe they are entitled to hold on to a worker’s ‘dues money’ despite strong evidence it was taken against their will. That’s not far off from union bosses’ pre-Janus practice of forcing every worker under their control to pay union dues, whatever their objections might be.
“Under Janus, union bosses must now convince workers to voluntarily support their agenda, and are not entitled to take – or keep – any money they know was seized without that voluntarism,” Mix added.
New Campaign Exposes UNITE HERE’s Anti-Worker Tactics
National Right to Work Foundation offers free legal aid to hotel industry employees nationwide
Washington, DC (May 1, 2025) – The National Right to Work Legal Defense Foundation is launching a nationwide campaign offering free legal aid to hotel workers in the wake of widespread abuse by UNITE HERE officials.
The groundbreaking new campaign, featuring the mini-documentary “The Reality of Union Bullying by UNITE HERE,” shows the reality of deceptive promises and intimidating behavior from one of America’s most powerful unions, as well as the steps workers are taking to safeguard their rights from union bosses. “They’re supposed to protect us, but they just take our money and our voice,” says Erika, a San Francisco hotel worker who has been forced to pay dues for years. “The only time UNITE HERE would talk to us was when we would get paid.”
Erika is not alone. Across the country, Maria, a Chicago Hilton worker, has faced the same intimidating behavior as UNITE HERE officials attempt to muscle into her workplace. The video detailing these heartbreaking experiences has already gone viral, amassing well over a million views.
“I hope this video and my story helps inspire others,” Maria said of the video and campaign. “My message to other hotel employees is: Don’t let UNITE HERE bully you. The National Right to Work Foundation helped me stand up for my rights and they can help you too.”
Foundation staff attorneys have in recent years aided many hospitality workers in fighting coercion from the UNITE HERE union, including at hotels and resorts in Los Angeles, California; Las Vegas, Nevada; Washington, D.C.; Boston, Massachusetts; Seattle, Washington; Orlando, Florida; and elsewhere. Employees helped have included housekeepers, concierges, foodservice staff and providers, casino maintenance workers, Disney crew members, and others.
“UNITE HERE officials have engaged in practices that undermine the very workforce they claim to want to protect,” said Foundation President Mark Mix. “Maria and Erika have bravely stood up for their friends and coworkers in the face of intimidation and coercion. The National Right to Work Foundation is proud to have provided them with free legal aid.”
“We’ve heard from many workers and we know there are many more out there who need help – they should know they have resources,” continued Mix. “Foundation staff attorneys are prepared to assist any hotel employees facing UNITE HERE’s abusive tactics.”
To learn more about free legal aid, visit hotelworkersrights.com.
The full video can be seen here.
Flight Attendant Asks SCOTUS to Hear Case Challenging Union Boss Scheme to Discriminate Against Nonmembers
Petition: Ninth Circuit wrongly ruled that federal labor law lets union officials take away on-the-job benefits for refusal to pay union fees
Washington, DC (April 23, 2025) – Flight attendant Ali Bahreman has just filed a petition asking the U.S. Supreme Court to hear his case challenging a Transportation Workers Union (TWU) contract that deprived him of his ability to use his seniority to bid on flight assignments and secure other valuable job benefits. Bahreman, who refrained from formal union membership, is arguing that a union monopoly contract between Allegiant Airlines management and TWU union bosses violated the Railway Labor Act (RLA) by conditioning flight attendants’ “bidding privileges” on their payment of fees to the union.
The RLA governs employment arrangements like Bahreman’s in the rail and air industries. The RLA is a federal law that permits union officials and employers to enforce so-called “union security agreements” that require workers in a unionized workplace to pay union fees to keep their jobs.
Bahreman’s petition points out that although the RLA grants union officials the power to enter into contracts that require payment of union fees as a condition of employment, it has long been illegal for unions to enter into contracts that otherwise discriminate against certain classes of workers, like nonmembers. This goes all the way back to the 1944 Steele Supreme Court precedent that created what the court called the “Duty of Fair Representation” (DFR) in order to save the RLA from being declared unconstitutional after union officials used their power to impose a contract that discriminated against workers based on their race.
The petition argues that not only does the Ninth Circuit Court of Appeals’ decision upholding the discriminatory scheme conflict with opinions from other federal courts of appeal, but if left in place, the decision calls into question the constitutionality of union exclusive bargaining powers under both the RLA and the National Labor Relations Act (NLRA):
“Having unraveled the DFR, the Ninth Circuit’s decision allows unions to wield congressionally delegated exclusive representation power without the DFR’s limitations. That raises ‘serious constitutional questions’ regarding exclusive representation’s constitutionality…
“Ensuring that the Ninth Circuit’s decision does not dismantle employees’ RLA and NLRA speech and associational freedoms from forced unionism is of national importance. The Ninth Circuit’s decision jeopardizes employees’ ability to do their jobs free from union coercion, hostility, and discrimination in the workplace.”
Petition Exposes That Lower Court Decision in Favor of TWU Allows Union Bosses to Discriminate in Workplace
The petition comes after the Ninth Circuit Court of Appeals puzzlingly ruled that the RLA permits union officials to enforce contracts that require employers to eliminate on-the-job benefits from workers who refuse to pay union fees. Bahreman’s petition goes on to explain that the Ninth Circuit’s reasoning greenlights discrimination by union bosses in their treatment of union members and nonmembers, which flies in the face of the duty of fair representation that federal law imposes on all union officials.
Federal law permits union officials to extend their monopoly bargaining powers over all workers in a unit, including those who oppose the union, but requires that union officials not discriminate against nonmembers. Therefore, the petition says, monopoly bargaining itself should be reexamined if the Ninth Circuit’s ruling is upheld.
“Mr. Bahreman’s case shows how deep the rabbit-hole of union boss legal privileges goes,” commented National Right to Work Foundation President Mark Mix. “The Ninth Circuit’s decision turns the U.S. Supreme Court’s ‘duty of fair representation’ on its head, and exposes the underlying constitutional tensions that the Court identified long ago in the 1944 Steele High Court decision.
“Originally created in Steele as a bulwark against union bosses wielding their monopoly representation and forced dues powers to discriminate, the Ninth Circuit’s reinterpretation of the DFR doctrine allows union officials to engage in discrimination to coerce fee payment from union dissidents,” added Mix. “The Supreme Court should take Mr. Bahreman’s case to settle the circuit split and make it clear that Big Labor officials cannot wield their extraordinary government-granted powers to undermine the working conditions of workers who oppose union affiliation.”
Energy Transfer Drivers Across Texas, Oklahoma, and Louisiana Demand Vote to Remove Steelworkers Union From Power
Hundreds of employees of oil and gas transportation company could be free from union’s grip if vote goes forward
Washington, DC (April 21, 2025) – Drivers for Energy Transfer, an oil and gas transportation company with nearly 30 facilities across Texas, Oklahoma, and Louisiana, are petitioning a federal labor board for a vote to end United Steelworkers (USW) union officials’ bargaining control over their work unit.
Driver Jay Fifer, who is based at Energy Transfer’s workplace in Hearne, TX (near College Station, TX), submitted the petition to the National Labor Relations Board (NLRB) this week with free legal aid from the National Right to Work Legal Defense Foundation. If Fifer and his coworkers’ requested vote is successful, over 420 Energy Transfer drivers will be free of USW union officials’ control.
The NLRB is the agency charged with enforcing federal labor law in the private sector, which includes administering votes to install (or “certify”) and remove (or “decertify”) unions. Fifer’s petition contains signatures from his coworkers well in excess of the percentage required by the NLRB to trigger a union decertification vote within his work unit. The NLRB will now review Fifer’s petition.
Right to Work laws in Texas, Oklahoma, and Louisiana prohibit USW union officials from enforcing contracts that require Energy Transfer drivers to pay union dues or fees just to get or keep a job. In contrast, in non-Right to Work states, union officials can force workers to pay dues or fees on pain of termination. However, in both Right to Work and non-Right to Work jurisdictions, USW union officials can still impose monopoly bargaining contracts over every employee in a work unit, whether or not they voted for or support the union. As Fifer’s case demonstrates, union-controlled work units can often span hundreds of workers in different cities or even across state lines.
“Support among us drivers for this Steelworkers union is very low where I work. My colleagues at other locations have said similar things as well. It’s not fair for Steelworkers officials to dictate major things about our work lives when very few drivers at all are union members,” commented Fifer. “I filed this petition because I firmly believe that the overwhelming majority of my coworkers don’t think this union represents us, and we hope the NLRB lets us exercise that right without any delays.”
Workers Across Country Increasingly Seeking Exit from Union Control
Foundation staff attorneys have helped several groups of workers oust unwanted USW unions within the last few years, including healthcare workers in Minnesota, metal workers in Pennsylvania, chemical employees in Louisiana, building products employees in New Jersey, and more. Across the country, workers’ desire to exercise their right to vote out unpopular union bosses is increasing: Worker-filed petitions seeking union decertification votes are up more than 50% from 2020, according to NLRB data.
“American workers should not have to accept the ‘representation’ of a union that lacks worker support in the workplace, and more and more workers are standing up to free themselves,” commented National Right to Work Foundation President Mark Mix. “That’s why it’s important that they be able to freely exercise their right to vote to remove a union, a right that unfortunately was consistently under attack under the previous Administration’s National Labor Relations Board.
“As President Trump seeks new appointees for the NLRB, he should remember that workers all over the country like Mr. Fifer and his colleagues believe they are better off free from union influence, and those workers deserve to have their voices and will respected,” Mix added.
Ascension St. Agnes Nurse Slams NNOC Union With Federal Charges After Union Restricts Workplace Vote
Nurse contends that union is discriminating against nonmember nurses and violating duty of fair representation
Baltimore, MD (April 16, 2025) – A nurse at Ascension Health’s St. Agnes Hospital has hit the National Nurses Organizing Committee (NNOC) union with federal charges, maintaining that union officials are discriminating against nonmembers as a vote on workplace issues approaches. The nurse, Jen Delaney, filed the unfair labor practice charge at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing federal labor law and adjudicating disputes between employers, union officials, and individual employees. Delaney details in her charges that NNOC union officials are forbidding nurses who are not formal union members, like herself, from voting on a “partial deal” that is part of a wider contract negotiation. The union is restricting the voting pool despite the fact that the union monopoly contract will impose conditions on all nurses at the facility, members and nonmembers alike.
Delaney is arguing that NNOC union officials are violating the “duty of fair representation,” a legal mandate that requires union officials not to discriminate in its bargaining functions, including on the basis of union membership. The duty originates from a 1944 Supreme Court case, Steele v. Louisville & Nashville Railway Co., in which the Court recognized that rail union bosses were manipulating their powers over the workplace to discriminate against African-American railway workers.
Because Maryland lacks Right to Work protections for its private sector workers, NNOC union officials can impose working conditions on the nurses that require them to pay union dues or fees just to keep their jobs. In contrast, in Right to Work jurisdictions like nearby Virginia and West Virginia, union membership and all union financial support are the choice of each individual worker.
“NNOC union officials have been extremely abrasive to any nurse who isn’t gung-ho for the union’s agenda,” commented Delaney. “It wasn’t long ago that my coworkers and I backed an effort to try to vote this union out, and this new development shows exactly why. NNOC union bosses are freezing out nurses from the voting process who are unwilling to sign a membership form that states it is ‘voluntary,’ yet they require signatures to vote, even though that vote is going to have very significant consequences for all of us at St. Agnes.”
Federal Charges Follow Nurses’ Attempt to Vote Union Out
Delaney led an effort to “decertify” (or remove) the NNOC union earlier this year. Delaney and her coworkers reported that union officials made taking care of patients more difficult and that the union generally served as a divisive force in the workplace.
“NNOC union officials are clearly not interested in ‘representing’ all nurses at St. Agnes, and have instead actively discriminated against nurses who are critical of the union’s priorities and who have exercised their legally-protected right to reject formal union membership,” commented National Right to Work Foundation President Mark Mix. “While this is a violation of the duty of fair representation, it exposes a more fundamental problem with federal labor law: Union officials shouldn’t have the power to foist their ‘representation’ on workers who have disaffiliated with the union to begin with, and certainly shouldn’t have the ability to force those same dissenting workers to subsidize a union they don’t want and never asked for.”
Minnesota Electric Utility Employee Challenges IBEW Nationwide Policy Coercing Worker Contributions to Union’s Political Activity
Worker charges union with blocking her right under CWA v. Beck Supreme Court decision to end payments for union politics
Benson, MN (April 8, 2025) – An employee of Agralite Electric Cooperative, an electric utility company in Western Minnesota, has just filed federal charges against the International Brotherhood of Electrical Workers (IBEW) union, challenging nationwide restrictions union officials impose on workers who wish to cut off financial support for union political activities. The worker, Theresa Klassen, filed charges against both the IBEW international union and IBEW Local 160 at the National Labor Relations Board (NLRB) Region 18 in Minneapolis. Klassen is represented for free by National Right to Work Legal Defense Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing federal labor law and adjudicating disputes between employers, union officials, and individual employees. In her charges, Klassen is defending her rights under the landmark Foundation-won Communications Workers of America (CWA) v. Beck Supreme Court decision, which forbids union officials from forcing workers who have refrained from formal union membership to pay dues for anything beyond the union’s monopoly bargaining functions. Union political expenditures are one expense employees can opt out of paying by invoking their Beck rights.
Because Minnesota lacks Right to Work protections for its private sector workers, IBEW union officials can impose contracts that force Klassen and her coworkers to pay union dues as a condition of keeping their jobs. However, nonmember workers like Klassen can object to paying full dues and instead pay a reduced amount under Beck. In contrast, in Right to Work states like all of Minnesota’s neighbors, union membership and all union financial support are strictly voluntary.
“It’s disappointing that IBEW union officials can legally force me to fork over even a little bit of my paycheck to them after I resigned my membership, but refusing to pay for union politics is my right and the IBEW isn’t respecting it,” commented Klassen. “They’ve put a bunch of time limitations on when I can exercise this right, and are also requiring me to contact union bosses in Washington, D.C. who I have never met just to prevent my money from going toward union politicking I oppose. This is wrong.”
Filings: IBEW Officials Illegally Rebuffed Worker Twice After Receiving Requests to Stop Funneling Money to Union Politics
Klassen’s charges state that she first contacted her local union to resign her union membership in October 2024. While Local 160 union officials acknowledged her resignation letter, they claimed that the IBEW’s national policy is to “not allow nonmembers automatic Beck objector status,” and for that reason she would need to send a letter to the union’s international headquarters to opt out of paying for union politics. Local 160’s reply also stated that Beck objections would only be accepted during “window periods” of time comprising only 8-16% of the year, according to her charges.
Klassen’s charges also state that she sent a Beck objection letter to the IBEW international headquarters again in February 2025. IBEW union agents rejected this request as well, alleging that Klassen’s request fell outside the arbitrary time restrictions set by the union. Klassen is charging both IBEW Local 160 and the IBEW international union with enforcing these illicit limits on her Beck rights.
Window period restrictions on when employees can exercise their Beck rights allow union officials to extract money from workers who have already objected to financially supporting union activities. The creation of window periods is not authorized or otherwise mentioned in the National Labor Relations Act (NLRA), the federal labor law governing the private sector. Foundation attorneys are assisting multiple AT&T workers in Florida battle a similar scheme concocted by CWA officials.
“That IBEW union bosses are enforcing a nationwide policy making it needlessly difficult to stop supporting the union’s political activities should tell workers exactly what the union’s priorities are,” observed National Right to Work Foundation President Mark Mix. “While Beck rights are an important protection for workers in non-Right to Work states, no American worker should be forced to subsidize any union activities that they disagree with, whether political or not.”
Chicago 911 Operators Notch Another Janus Victory Over IBEW
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Foundation attorneys stopped deceptive cycle that kept illegal dues flowing for months
Patricia Whittaker heard ridiculous excuses from IBEW union officials about how they couldn’t honor her Janus rights. But after teaming up with Foundation attorneys, she’s cut off dues to IBEW bosses.
CHICAGO, IL – Another 911 operator employed by the City of Chicago has successfully defended her First Amendment rights under the National Right to Work Foundation-won Janus v. AFSCME Supreme Court decision. Late last year, Operator Patricia Whittaker sought free Foundation legal aid after facing months of stonewalling from International Brotherhood of Electrical Workers (IBEW) Local 21 union officials, who refused to stop taking dues from her paycheck against her will.
Whittaker fought these dues seizures by invoking her First Amendment rights under Janus. Foundation attorneys argued and won the Janus case before the Supreme Court in 2018. The Supreme Court agreed with Foundation attorneys and ruled that union officials could not force public sector employees to pay union dues or fees as a condition of employment, and that union officials must obtain affirmative employee consent before deducting union dues from any public worker’s paycheck.
In October, following unfair labor practice filings by Foundation attorneys at the Illinois Public Employment Relations Board (PERB), IBEW union bosses abandoned their unconstitutional dues demands — and other outrageous behavior they had subjected Whittaker to.
IBEW Union Outrageously Claimed They Had No Power to Stop Dues Deductions
Whittaker faced much more than just illegal dues deductions during her ordeal. IBEW officials engaged in a deceptive cycle in which Whittaker was told to resolve the matter with her employer, while the employer directed her back to the union, resulting in continued dues deductions for over 10 months. In doing so, the charges maintained, union officials misrepresented the law by making it appear as if they were the “good guys” by remitting dues deducted by the City of Chicago through checks back to her and claimed that only the employer — not the union — had the power to end dues deductions.
This isn’t the first time IBEW 21 union officials have been caught imposing illegal dues practices on Chicago 911 employees. In June 2024, Rhonda Younkins also triumphed in her months-long legal battle to exercise her First Amendment right to stop all union dues payments to IBEW Local 21. IBEW Local 21 union officials stopped their violation of Younkins’ Janus rights only after Foundation attorneys filed charges at PERB on Younkins’ behalf.
Independent-Minded Workers Continue to Defend Freedom with Janus
The Janus decision’s impact continues to grow. Immediately following the ruling, nearly a half a million public employees stopped paying union dues, with many others following in subsequent years as litigation backed by Foundation attorneys continues to defend their rights.
“The behavior of IBEW Local 21 union officials highlight just how crucial it is for public employees to be aware of, and assert, their Janus rights,” said National Right to Work Foundation President Mark Mix.
“While we at the Foundation are proud to help more workers protect their hard-earned money from funding union bosses and union agendas they don’t support, it is unacceptable that it takes aggressive legal action just to force union officials to respect workers’ constitutional freedoms.”
