27 Oct 2008

Musician Unions Hit with Federal Lawsuit for Blacklisting Nonunion Orchestra Musicians

Posted in News Releases

Los Angeles, California (October 27, 2008) – Today, National Right to Work Legal Defense Foundation staff attorneys filed a lawsuit in federal court against the American Federation of Musicians (AFM) Locals 7, 47, and 581 unions on behalf of seven nonmember musicians whose careers were seriously damaged by union militants.

Filed in U.S. District Court for the Central District of California, the suit alleges that union officials conspired to blacklist musicians in retaliation for resigning from formal union membership. Union officials are accused of violating their “duty of fair representation” by refusing nonmember musicians access to a rehearsal hall, hindering their efforts to find employment, and enshrining certain discriminatory policies in contracts with several local symphonies.

Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, workers have the right to resign from formal, full dues-paying union membership. Because California has no Right to Work law making dues payment strictly voluntary, employees in a union-controlled bargaining unit can still be obligated to pay certain dues for union activities related to collective bargaining. However, employees who exercise their right to resign from formal union membership cannot be discriminated against by union officials or employers. Every Foundation plaintiff has met its forced-dues obligation to the union’s local affiliates.

Nevertheless, AFM union operatives attempted to blacklist dissenters who resigned their union membership by informing prospective employers that they were “not in good standing” and therefore ineligible for work. As a result, several orchestras and producers declined to hire nonunion musicians.

Furthermore, union officials included a discriminatory clause in contracts with local orchestras explicitly forbidding the employment of nonunion workers. Union officials from one local also prevented nonunion employees from accessing a rehearsal hall used by several employers. Foundation attorneys are seeking financial restitution for the plaintiffs as well as a court injunction preventing future discriminatory practices.

“Ugly union discrimination and intimidation of this nature is a widespread practice in the entertainment industry,” said Stefan Gleason, vice president of the National Right to Work Foundation. “We expect the union will face a substantial and embarrassing defeat as a result of this lawsuit.”

27 Oct 2008

Wall Street Journal: Big Labor Eyes Massive Union Power Grabs After Election

Posted in Blog

Big Labor is spending north of a billion dollars to get their favored candidates elected, much of it from employees forced to pay dues to keep their job. Union bosses see it as a smart investment given the forced unionism power grabs that could quickly become law if their chosen candidates take office.

As detailed in today’s Wall Street Journal, those power grabs would mean literally billions new forced dues dollars flowing into union bosses’ coffers.  There is no question that Foundation attorneys will be overwhelmed with legal aid requests from workers seeking refuge from the onslaught:

Big Labor is hoping to have a big election next Tuesday, with a goal of building a majority to rewrite negotiating rules between unions and management. Though it has received little media attention, Barack Obama’s pro-union agenda is the most ambitious in decades and has a real prospect of becoming law. His stated goal is to "strengthen the ability of workers to organize unions" by doing the following:

– Mr. Obama is a co-sponsor of the Employee Free Choice Act, which would eliminate the secret ballot in union organizing elections. Unions would be certified to negotiate pay, benefits and work rules simply by collecting signed "union authorization cards" from a majority of employees at a work site. The law passed the House in 2007 but didn’t come up for a Senate vote.

Under current law, union organizers and management both have the opportunity to present the pros and cons of forming a union. A secret employee vote is then held. Under Mr. Obama’s proposal, unions would be the sole provider of information to the employee, and the worker’s decision whether to organize would no longer be private.

Unions say current law favors management, which can stall to a point where workers lose interest in organizing. But the median number of days between filing a petition with the National Labor Relations Board (NLRB) and holding an election has actually fallen over the past two decades. In 2007, more than 1,500 such elections were held, and unions won 54% of them, the same win rate of the early 1970s.

– Another labor-friendly provision of the Employee Free Choice Act is mandatory arbitration. Under current law, labor and management are required to bargain in good faith but aren’t obliged to reach an agreement. Under Mr. Obama’s proposal, if the parties can’t settle on a contract within 120 days, the dispute goes to an arbitration panel which can impose a contract that is binding for two years.

As a practical matter, contracts typically involve dozens of provisions dealing with wages as well as seniority, grievances, overtime, transfers and promotions. Rarely is this accomplished in four months. The provision would notably shift bargaining power to unions, which would have an incentive to run out the 120-day clock and let an arbitrator impose a contract that is bound to include much of what unions demand.

– Mr. Obama also supports legislation to reverse the NLRB’s "Kentucky River" ruling last year, which fleshed out the definition of a supervisor for the purposes of organizing. Unions usually prefer a narrow definition of management, because it increases the number of people potentially under their control. Conversely, labor has worked to expand the definition of "employee" to include everyone from temp workers to graduate-student teaching assistants.

– The Democrat also wants to bar companies from replacing striking workers — a right that management has held for some 70 years. Unions made a similar push in the early 1990s, and a bill passed the House but was blocked in the Senate. Mr. Clinton issued an executive order that would have ended the provision for federal contractors. It was struck down in federal court. Mr. Clinton then tried to get the NLRB to make it more difficult to replace striking workers. The courts overturned that too. Mr. Obama says he will "work to ban the provision," but hasn’t provided specifics.

– Mr. Obama supports the Public Safety Employer-Employee Cooperation Act and has said he’d push for its enactment as president. The bill, which passed the House last year and already has 60 votes in the Senate, would force state and local governments to recognize union leaders as the exclusive bargaining agent for police, firefighters and other first responders. More than half of the states would have to change their laws. Thousands of public safety officers would no longer be able to negotiate directly with their employers on their own behalf.

Read the whole thing here.

For background on Big Labor’s plans, listen to this Right to Work podcast with Greg Mourad of the National Right to Work Committee.

24 Oct 2008

National Right to Work Podcast – Episode 2: Big Labor’s Political Spending Machine At Full Tilt

Posted in Blog

Episode 2 of the Foundation’s weekly podcast is now available online for download.

Foundation VP Stefan Gleason discusses union politics and Big Labor’s massive fundraising apparatus with Stanley Greer, program director at the National Institute for Labor Relations Research. Greer pegs the amount of money (largely funded with dues collected under from workers forced to pay) that Big Labor will be spending on this election at $1.2 billion or more, and explains the many ways union bosses funnel money to their hand-picked candidates. Listen here:

You can also subscribe to the Foundation’s podcast via iTunes or manually subscribe to the feed.

23 Oct 2008

Foundation Action: High Court Agrees with Foundation on Coercive Organizing Law

Posted in Blog

This article from the September/October issue of Foundation Action discusses the June 2008 U.S. Supreme Court decision in United States Chamber of Commerce v. Jerry Brown.

National Right to Work Foundation attorneys filed arguments, with which the Supreme Court agreed, to overturn a controversial California law that pressured companies to assist in coercive union organizing drives.

 

Read the whole story here (pdf) and sign up today for a free print subscription.

To receive the entire issue via email, just type your email address into the box in the top right corner of this page.

23 Oct 2008

SEIU Union Hit with FEC Complaint for Illegal Political Fundraising Scheme

Posted in Blog

This summer, we told you about one of the nation’s largest unions imposing a fundraising quota on locals and workers in an illegal scheme to fund its political action committee. Here’s the latest:

The National Right to Work Legal Defense Foundation will file a formal complaint with the Federal Election Commission asking it to investigate a campaign fundraising scheme adopted by the Service Employees International Union (SEIU) at its convention this summer.

The union and its officers appear to be violating federal labor law and the Federal Election Campaign Act by imposing financial penalties on local affiliates who fail to meet Political Action Committee (PAC) fundraising targets. On June 3, delegates to the SEIU convention approved Constitutional Amendment #317 in time to take effect for this year’s federal elections.

The policy imposes on each SEIU local an “annual SEIU COPE fundraising obligation.” SEIU COPE is the SEIU’s federal PAC. If a local fails to meet this requirement, the SEIU imposes heavy fines. However, federal election law forbids unions from “utilizing money…secured by…financial reprisals… or the threat of … financial reprisal” to fund a PAC.

Read the full press release here.

23 Oct 2008

SEIU Union Hit with FEC Complaint for Illegal Political Fundraising Scheme

Posted in News Releases

Washington, DC (October 23, 2008) – The National Right to Work Legal Defense Foundation will file a formal complaint with the Federal Election Commission asking it to investigate a campaign fundraising scheme adopted by the Service Employees International Union (SEIU) at its convention this summer.

The union and its officers appear to be violating federal labor law and the Federal Election Campaign Act by imposing financial penalties on local affiliates who fail to meet Political Action Committee (PAC) fundraising targets. On June 3, delegates to the SEIU convention approved Constitutional Amendment #317 in time to take effect for this year’s federal elections.

The policy imposes on each SEIU local an “annual SEIU COPE fundraising obligation.” SEIU COPE is the SEIU’s federal PAC. If a local fails to meet this requirement, the SEIU imposes heavy fines. However, federal election law forbids unions from “utilizing money…secured by…financial reprisals… or the threat of … financial reprisal” to fund a PAC.

Union officials have injected enormous sums of money this election season into electing favored candidates. The FEC lists SEIU COPE as the top labor union PAC with over $23 million in receipts for 2005-2006, and SEIU union bosses expect the new requirement to funnel at least $9 million into SEIU COPE.

Because the SEIU’s political contributions are so significant, Foundation attorneys believe that this amendment has the potential to irreparably compromise the integrity of the electoral process. By coercing local affiliates and nonmember employees into contributing to the SEIU’s massive general election fund, union officials threaten to disenfranchise voters with a firestorm of illegally funded political activism.

Last year, the FEC levied record fines – though still quite minimal compared to the hundreds of millions of dollars at issue in the case – against Americans Coming Together, an SEIU-backed “527” group following a complaint filed by the National Right to Work Foundation.

“The SEIU cannot be trusted with its government-backed forced-dues privilege, and its scheme will corrupt the election process,” said Foundation vice president Stefan Gleason. “The FEC must act quickly.”

The Foundation joined with Karen Glass, a school district employee in Wisconsin who is forced to pay dues to SEIU Local 150 and its national affiliate, and Regent University School of Law student Michael Casaretto, who has extensively researched the SEIU scheme.

23 Oct 2008

VIDEO – Union Organizers On Card Check Intimidation: “Get the card signed… by hook or crook”

Posted in Blog

Here’s a telling video of former union organizers describing the pressure, intimidation and even outright dishonesty that goes into collecting cards for a card check.

22 Oct 2008

New Right to Work Video: Teacher Strikes and Forced Unionism

Posted in Blog

Our latest Right to Work video features Simon Campbell, a concerned Pennsylvania parent who founded stopteacherstrikes.org in the wake of a debilitating public school strike. At the annual Concerned Educators Against Forced Unionism Conference, Campbell explained the connection between compulsory unionism and teacher strikes:

As always, check back regularly at the Foundation’s YouTube Channel for more Right to Work video updates.

21 Oct 2008

National Right to Work Podcast now available on iTunes

Posted in Blog

The official National Right to Work Podcast is now available on iTunes!

Subscribe to the official National Right to Work Podcast on iTunes here and get weekly updates from the Foundation on the latest in the Right to Work movement. Then, download each episode onto your iPod or portable media player and listen to it anytime, anywhere.

Subscribe now and listen to Episode #1 of the National Right to Work Podcast titled "Big Labor’s Agenda and Election 2008" featuring National Right to Work Foundation vice president Stefan Gleason’s interview with Greg Mourad, Director of Legislation for the National Right to Work Committee.

20 Oct 2008

Foundation Win Nets $250,000 Refund from Union for Nonunion Workers

Posted in Blog, News Releases

Federal labor board charges filed by National Right to Work Foundation staff attorneys has just paid off big for a group of Georgia employees… to the tune of a quarter of a million dollars.

In September of 2005, Foundation staff attorneys filed unfair labor practice charges against the International Longshoreman’s Local 1414 union in Savannah, Georgia. The notoriously thuggish longshoremen union bosses had been forcing nonmember employees to pay dues to seek work at a union-controlled hiring hall. This policy violated Georgia’s Right to Work law, which holds that workers cannot be forced to pay any dues if they choose not to belong to a union.

In May, an NLRB settlement forced the union to partially reimburse nonmember employees, but until recently it wasn’t revealed just how much money the union had previously extorted. According to the latest edition of the NLRB’s regional newsletter (pdf), the union had no choice but to refund $250K to nonmember workers that union officials illegally collected.

Unfortunately, the NLRB’s settlement only reduced workers’ fees but did not end the requirement to pay union dues for use of the union controlled hiring hall. Employees are still challenging the forced fees as a violation of Georgia’s Right to Work law.