Louisville Ford Assembly Plant Worker Slams UAW Union with Federal Charges for Seizing Money from Her Paycheck Illegally
Charge detailing violation of employee’s rights comes after multiple top UAW chiefs have been sentenced to prison for widespread corruption and embezzlement of workers’ dues money
Louisville, KY (October 27, 2022) – Shiphrah Green, an employee at Ford’s Louisville Assembly Plant, has filed federal charges against the United Automobile Workers (UAW) Local 862 union at the plant. Her charges contend that union officials are violating her rights by seizing dues money from her paycheck after she resigned her membership and requested a stop to all dues. Green, who is represented for free by National Right to Work Legal Defense Foundation staff attorneys, also hit Ford with federal charges for their officials’ role in the unlawful deduction of union dues.
National Labor Relations Board (NLRB) Region 9 in Cincinnati will now investigate Green’s charges. The charges detail UAW and Ford officials forcing Green to navigate several unnecessary and unlawful steps to end her financial support for the union. They even state that the Local 862 president made threatening comments regarding Green’s job just because she exercised this basic free choice right. To date, the charges state, Ford and the UAW have not stopped collecting full union dues from Green’s paycheck.
Green’s charges argue that both the UAW union and Ford infringed on 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 union officials are forbidden by state law from getting workers fired merely for refusal to join or financially support a union.
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 party granted her request, and Green instead received an email from UAW Local 862’s president notifying her that she needed 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, UAW officials forced Green to answer questions 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 contends that NLRB precedent prohibits requiring workers to sign such a document just 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 was ongoing, 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 she could only cease dues deductions in February 2023 – even though the previously authorized dues deduction document stated it could be revoked at will.
The charges contend 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, and that UAW Local 862 violated federal 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.”
New Evidence of UAW Corruption Emerges After Top UAW Chiefs Receive Jail Sentences
Green’s charges come as the UAW union is still reeling from the effects of a years-long investigation by federal prosecutors into massive corruption within the union hierarchy. The probe, as of July 2022, has already resulted in convictions of at least 17 people, including two former UAW presidents and at least nine other UAW top officials. The convicted former UAW presidents, Gary Jones and Dennis Williams, were sentenced to a combined 49 months in prison.
UAW officials were convicted most notably of embezzling millions from the union’s dues-stocked coffers for luxury golf vacations, expensive liquor and cigarettes, steak dinners, amusement park tickets, and more.
“The past few years have shown how deep anti-worker corruption runs within the UAW hierarchy. Ms. Green’s case is just one more manifestation of a culture that clearly values the ability to siphon money from rank-and-file employees far above respecting employee rights,” commented National Right to Work Foundation President Mark Mix. “Workers under UAW control in Kentucky should know that they have the right to cut off all union dues payments to union officials, and the right to end their memberships at will. Any obstacles created by union officials to hinder the exercise of these rights are illegal, and employees should reach out to Foundation staff attorneys for free legal aid if they encounter such roadblocks.”
South Jersey Bus Drivers Win Back Illegally-Seized Dues Money in First Amendment Lawsuit Against IFPTE Union Officials
IFPTE union bosses continued deducting dues from drivers in violation of Supreme Court’s Janus v. AFSCME precedent
Camden, NJ (October 26, 2022) – Camden-area South Jersey Transportation Authority (SJTA) driver Tyron Foxworth and six of his colleagues have prevailed in their federal lawsuit charging the International Federation of Professional and Technical Engineers Local 196 (IFPTE) union with violating their First Amendment rights.
With free legal representation from National Right to Work Foundation attorneys, Foxworth and his coworkers filed a complaint in May stating that IFPTE union officials had illegally seized dues money from their paychecks after their resignations from the union were supposed to take effect.
A settlement has now required IFPTE union officials to return to Foxworth and several other drivers all dues money taken from their paychecks unconstitutionally, plus interest. The settlement also bars the IFPTE union from demanding or seizing any dues from the drivers going forward.
The drivers argued that IFPTE officials violated their First Amendment rights recognized in the 2018 Foundation-won Janus v. AFSCME Supreme Court decision. 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. It 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.
The federal civil rights lawsuit explains the drivers signed cards that said employees could request a stop to dues deductions effective either the January or July following the request. The drivers reported that they all resigned and demanded dues cease a few months prior to January 2022, but, in contradiction to the cards, dues money kept flowing from their paychecks after January 1, 2022, passed.
IFPTE Officials Subjected Drivers to Restrictions They Never Knew About, Seized Their Money After Drivers Requested Stop
According to Foxworth and his colleagues, IFPTE union officials maintained a more restrictive dues deduction scheme. The union’s monopoly bargaining contract with SJTA recognizes dues opt-outs only in July, not in January and July as provided by the cards the workers signed. The drivers never consented to this greater restriction.
Foundation attorneys argued that IFPTE union officials, by taking union dues after January 1, 2022, without the workers’ consent, “violate[d] Plaintiffs’ First Amendment right to free speech and association.”
This is the latest of numerous Foundation-won settlements to vindicate American public workers’ First Amendment Janus rights. In the past few years, class-action lawsuits brought by Foundation staff attorneys have led to settlements freeing tens of thousands of Ohio public employees from American Federation of State, County, and Municipal Employees (AFSCME) union schemes illegally restricting the exercise of their Janus rights.
Foundation attorneys have also just filed a petition to the Supreme Court for several Southern California lifeguards. They seek to knock down a so-called “maintenance of membership” scheme that California Statewide Law Enforcement Agency (CSLEA) union officials are using to trap the lifeguards in full dues payments and membership years after they resigned, in clear violation of Janus.
“IFPTE union officials acted like the First Amendment Janus rights of Mr. Foxworth and his colleagues did not even exist. They ignored the drivers’ clear requests to cut off financial support of union activities, all under the guise of a dues policy to which union officials had never gotten workers’ consent,” commented National Right to Work Foundation President Mark Mix. “We’re proud to have helped Mr. Foxworth and his fellow drivers defend their rights, but we’re also acutely aware that union officials across the country are still concocting ways to circumvent the rights protections of Janus.”
“Public employees who are dealing with union officials who ignore or limit the exercise of their Janus rights should not hesitate to contact the Foundation for free legal assistance,” Mix added.
Worker Wins $18,000+ for Illegal Firing at IAM Union Bosses’ Behest
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2022 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Union bosses got car dealership to illegally terminate employee for not joining union & paying full dues
IAM officials illegally demanded full dues and membership from Remmington Duk on pain of discharge. The Foundation helped Duk file his case and got the word out about his struggle, and he has now won thousands in a settlement.
BUFFALO, NY – Fired New York car dealership employee Remmington Duk won more than $18,000 from International Association of Machinists and Aerospace Workers Automotive (IAM) Lodge 447 and Robert Basil Buick GMC. Mr. Duk filed federal charges at the National Labor Relations Board (NLRB) on January 31, 2022, against IAM Lodge 447 and his former employer with free legal representation from National Right to Work Foundation staff attorneys.
Rather than defend the illegal firing, both the car dealership and union hastily settled, paying Duk a combined $18,416 in addition to posting notices informing other workers that they cannot legally be fired for refusing to join the union and pay full union dues.
The charges stated that on October 7, 2021, IAM union officials demanded Mr. Duk sign paperwork authorizing union membership. Union officials threatened that if he did not sign, he would be terminated from the company. After Mr. Duk refused to sign the documents, Robert Basil Buick GMC fired him on October 12, 2021, at IAM officials’ behest.
IAM Settles for Nearly $17,000 for Union Officials’ Role in Illegal Firing
Because New York State lacks Right to Work protections for its private sector workers, employees can be fired for refusing to pay union fees. However, full membership and full union dues cannot legally be required. In contrast, in the 27 states currently with Right to Work laws on the books, union membership and all union financial support are strictly voluntary.
To make the federal unfair labor practice charges against the union go away, IAM officials paid Mr. Duk $16,916 and were required to post a notice in his workplace informing other workers of their right not to be union members. Union officials must also inform future new employees of that right. The union check payable to Mr. Duk reflects the amount of money he would have earned had he not been fired.
Car Dealership Pays Additional $1,500 for Union Instigated Firing
Mr. Duk also won a settlement from Robert Basil Buick GMC for $1,500 for firing him at the IAM union officials’ behest. In that settlement, Robert Basil Buick GMC also agreed to post a notice in the workplace for 60 days informing other workers of their right not to be union members, and to inform future new employees of that right.
“Understandably, Remmington Duk is no longer interested in returning to work for an employer who went along with IAM union officials’ illegal threat to have him fired for refusing union membership and dues payment, even though he was entitled to have his job back under federal law,” commented National Right to Work Foundation Vice President Patrick Semmens. This case is yet more evidence of why Empire State workers need the protection of a Right to Work law to make all union association strictly voluntary.”
Flight Attendant Battling Religious Discrimination Beats Union Attempt to End Case
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2022 edition. Read here about how flight attendant Charlene Carter eventually won a jury verdict for $5.1 million. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Judge rules flight attendant’s case against union & airline should proceed to trial
Case Cleared for Takeoff: Charlene Carter’s lawsuit against TWU union bosses for firing her over her religious beliefs and support for Right to Work is now going to trial.
DALLAS, TX – On May 5, a federal judge ruled that former Southwest Airlines flight attendant Charlene Carter’s case charging Transportation Workers Union (TWU) officials and Southwest management with firing her illegally because of her exercise of her religious beliefs will continue at the U.S. District Court in Dallas. In doing so, the judge rejected requests from TWU and Southwest that they be granted an early victory in the case.
The judge tossed arguments from Southwest Airlines lawyers that Carter lacks a “private right of action” to enforce her rights under the Railway Labor Act (RLA), and its arguments that her case concerned only a “minor” dispute over interpretation of the union contract, which is outside the District Court’s jurisdiction.
He also rejected TWU’s and Southwest’s contentions that an arbitrator’s findings in a grievance under their monopoly bargaining agreement should control the claims in this case.
Flight Attendant Called Out Union Officials for Their Political Activities
As a Southwest employee, Carter joined TWU Local 556 in September 1996. A pro-life Christian, she resigned from union membership in September 2013 after learning that her union dues were being used to promote causes that violate her sincerely held religious beliefs.
Although Carter resigned from union membership, she was still forced to pay fees to TWU Local 556 as a condition of her employment. State Right to Work laws do not protect her from forced union fees because airline and railway employees are covered by the RLA.
The RLA allows union officials to have a worker fired for refusing to pay union dues or fees. But it also protects employees’ rights to remain non-members of the union, to criticize the union and its leadership, and advocate for changing the union’s current leadership or removing the union altogether.
Carter sent TWU Local 556 President Audrey Stone Facebook messages sharply criticizing the union and its officials upon learning that they had used union dues to support political causes and events she opposed. The Court’s ruling noted that forced fees from objecting workers like Carter were used to fund such activities.
Carter took to social media to challenge Stone’s leadership and to express support for a recall effort that would remove Stone from power. Carter sent Stone messages affirming her commitment to both the recall effort and her support for a National Right to Work law after the union had emailed employees urging them to oppose Right to Work.
Carter was notified by Southwest managers that they needed to have a mandatory meeting as soon as possible about her personal “Facebook posts they had seen.” During this meeting, Southwest interrogated Carter about her posts and messages, as well as her Facebook messages to Stone opposing the union’s activities.
Carter explained her religious beliefs and opposition to the union’s political activities — opposition protected by the RLA. However, a week after this meeting, Southwest fired Carter.
In 2017, Carter filed her federal lawsuit with help from Foundation staff attorneys to challenge the firing as an abuse of her rights. Her suit asserts she lost her job because of her religious beliefs, her opposition to TWU Local 556 officials, and criticism of the union’s political activities and spending of employees’ dues and fees.
Federal Judge Rebuffs Union and Airline Attempts to End Case Early
“[H]aving determined that Carter has a private right of action under [the RLA] and that this case concerns a major dispute,” the federal judge assigned to the case ruled that genuine disputes of material fact exist and the case must proceed to trial.
“This decision is an important step towards long overdue justice for Charlene. The ruling rejects several attempts by Southwest and union officials to deny Ms. Carter’s right to bring this case in federal court to enforce her federally protected speech and association rights,” commented National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse.
Forced Dues For Politics: CWA Union Hit with Federal Charge by Pennsylvania Metal Worker
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2022 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
CWA officials defied decades of law by rejecting worker’s resignation
Coates’ case challenging illegal seizure of forced dues for politics comes after one analysis found that union officials likely spent over $12 billion on political activities during the 2019-2020 election cycle, far more than union officials publicly admit.
GALETON, PA – An employee of metal corporation Catalus hit a Communications Workers of America (CWA) union local this May with federal charges for illegally seizing full union dues from his paycheck, including dues for politics. Curtis Coates, a metal worker for Catalus, is receiving free legal aid from the National Right to Work Legal Defense Foundation.
Foundation attorneys filed Mr. Coates’ charges with National Labor Relations Board (NLRB) Region 6 in Pittsburgh, Pennsylvania. The Region is now investigating the charges.
CWA Union Officials Continue to Collect Dues from Worker, Despite Lack of Authorization
On October 20, 2021, Mr. Coates sent a message to CWA union officials declaring that he was resigning from his position as shop steward and terminating his union membership.
Because no union monopoly contract was in effect, under longstanding law, Coates should have been able to immediately cut all financial support for the CWA union which he no longer supports. The charges say a union official rebuffed both of Mr. Coates’ requests the next day, insisting that he had to remain both a union member and a shop steward.
From December 2021 to February 2022, Mr. Coates followed up with union officials several times via email and mail. He repeatedly asked when union officials would cease taking dues money from his paychecks and what process he had to follow to revoke his dues deduction authorization to stop money from being seized from his paychecks.
“To date, the Union has not responded . . . and dues and contributions continue to be deducted from his wages,” the charge reads. Because Pennsylvania currently lacks a Right to Work law, union officials can legally force employees to pay some union fees just to keep their jobs. However, those forced fees cannot be demanded when no union contract is in effect.
Further, even in states without Right to Work protections full union membership cannot be required. Additionally, under the U.S. Supreme Court’s decision in CWA v. Beck (1988), won by Foundation attorneys, forced fees are limited to only the part of union dues that union officials claim goes toward a union’s core “representational” functions and cannot be collected for other activities like union politics and lobbying.
Conflict of Interest: NLRB General Counsel is a Former CWA Union Official
Currently, the NLRB General Counsel is former CWA attorney Jennifer Abruzzo, who has expressed support for a number of policies which give union officials greater power to force workers into dues-paying union ranks, even without a vote. Foundation attorneys requested last year that Abruzzo recuse herself from a case involving an Oregon ABC cameraman who accused another CWA local of demanding illegal dues from him, including dues for politics.
Coates’ case represents another potential conflict of interest for Abruzzo, who has repeatedly sided with union officials against the rights of workers opposed to union affiliation.
“Mr. Coates’ right to refrain from funding union activities is being ignored by CWA union officials as they continue to unlawfully seize full union dues, which includes money used for union political activities,” commented National Right to Work Foundation Vice President Patrick Semmens. “This case shows why Pennsylvania workers need the protection of a Right to Work law to make all union payments strictly voluntary: So union bosses cannot so brazenly collect money to which they are not entitled under longstanding federal law.”
“Further, Mr. Coates’ case demonstrates the obvious conflict of interest that exists as Abruzzo, a former CWA lawyer, is charged with enforcing workers’ rights violated by her former CWA union colleagues,” Semmens added.
National Right to Work Foundation Issues Special Legal Notice for Sysco Foods Employees Impacted by Union Strike Threats
Federal law protects workers’ legal right to rebuff union boss strike demand and continue working to support their families
Boston, MA (October 19, 2022) – The National Right to Work Legal Defense Foundation issued a special legal notice for Sysco Foods employees potentially affected by strikes being threatened by Teamsters union officials at Sysco Foods facilities across the nation. Media reports indicate that the strike began in Syracuse, New York, and while the strike at the Syracuse location reportedly ended, Teamsters boss-ordered strikes continue at other locations with potentially more occurring.
Because of Teamsters’ union monopoly power, these strikes will affect thousands of employees, impacting the lives of workers and their families across the nation. The Foundation’s legal notice informs workers of the rights union officials often conceal, including that workers have the right to continue working in order to support themselves and their families.
Importantly, the notice gives workers who want to exercise their right to work information on how to avoid fines and punishment that would likely be imposed by union officials.
“Teamster union officials have a decades-long history of abusing workers’ rights and disciplining and firing workers who do not kowtow to their dictates,” the legal notice reads. “Sysco workers may want to contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other vicious union discipline for continuing to report to work to support themselves and their families.”
The Foundation’s special legal notice highlights workers’ rights to resign union membership and to revoke their union dues check-offs. With free legal assistance from National Right to Work Legal Defense Foundation staff attorneys, numerous workers have won cases challenging illegal Teamster union official actions.
In just the past few years, Foundation staff attorneys have assisted other Sysco Foods workers. With Foundation free legal aid, Alabama Sysco Foods worker Sulane Lowery filed charges against the Teamsters Local 612 challenging unlawful intimidation tactics after Lowery and others attempted to oust the Teamsters from their workplace. In another case filed with Foundation legal aid, a group of Sysco Oklahoma workers signed petitions seeking to remove the Teamsters eventually leading to their being free of unwanted so-called “representation” that they opposed.
The National Right to Work Foundation is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee victims of forced unionism abuse. The full special notice can be found at https://www.nrtw.org/sysco-foods/
“For decades, the Foundation has provided free legal aid to workers to protect them from Big Labor’s coercive tactics, which are especially common during union boss-instigated strikes,” National Right to Work Foundation President Mark Mix said. “Workers always have the right to continue to work during a strike, despite what union officials may tell them or try to pressure them into doing, however there are important steps workers should take to protect themselves from vindictive union boss retaliation.”
Burlington Gold Bond Building Products Employees Decisively Vote Out Steelworkers Union Bosses
Vote to remove union comes as Pennsylvania employees fight legal battle against Steelworkers officials who trapped them under union power and disregarded votes
Burlington, NJ (October 18, 2022) – With free legal aid from the National Right to Work Legal Defense Foundation, Michael Cobourn and his coworkers at Gold Bond Building Products in Burlington, NJ, have successfully exercised their right to vote unwanted Steelworkers (USW) union officials out of their facility. The vote, held by the National Labor Relations Board (NLRB), was decisive, with nearly 70 percent of those participating in the election casting ballots to oust the union.
The vote follows Cobourn’s submission of a “decertification petition” signed by enough of his coworkers to prompt the NLRB to hold a vote on whether to remove the union. Although the NLRB’s decertification process is still prone to union boss-created roadblocks, Foundation-backed reforms the NLRB adopted in 2020 have made the decertification process somewhat easier.
Before the reforms, union officials could stop workers who had requested a decertification vote from casting ballots by filing so-called “blocking charges,” which often contain unverified and unrelated allegations of employer misconduct. The rule changes improved the process so employees can at least have a chance to vote before any allegations surrounding the election are handled.
Because New Jersey lacks Right to Work protections for its private sector employees, USW union officials had the power to force Cobourn and his colleagues to pay dues or fees to the union hierarchy just to stay employed. In contrast, in Right to Work states, union membership and all union financial support are the choice of each individual worker and can’t be required as a condition of employment.
“My coworkers and I were paying money to the Steelworkers union constantly, yet the union didn’t seem to be doing anything for us,” commented Mr. Cobourn. “I’m very grateful to the National Right to Work Foundation for helping us through the union decertification process, and we look forward to being free of the union’s control and influence.”
USW Union Officials in Pennsylvania Fight to Quash Similar Foundation-Backed Employee Effort
Cobourn’s victory comes as USW union officials are battling another employee-led decertification effort in Franklin, PA. There, the USW bosses claim at the NLRB that their rushed and unilateral approval of an unpopular union contract must block Latrobe Specialty Steel/Carpenter Technology employees’ right to vote the union out. In that case, USW officials hastily “ratified” the unpopular contract after getting wind that employees were seeking to remove the union. This was an apparent attempt to deploy the “contract bar,” a non-statutory restriction that blocks workers from voting out unions they oppose for up to three years after union officials sign a contract with management.
USW bosses, by their own admission, held a phony employee “vote” on the contract after it had already been covertly signed by them, tricking workers into thinking their votes would determine the fate of the contract. In sworn testimony, one union boss admitted that USW agents are free to execute contracts despite employees voting them down, and that union officials misled the Latrobe workers and ignored their votes against the contract “to protect the integrity of the union.”
The employee effort to oust the union is being led by Latrobe Specialty Steel employee Kerry Hunsberger, who obtained free legal aid from the National Right to Work Foundation. Foundation attorneys argue for her and her coworkers that the USW bosses’ ploy is “nothing more than a smokescreen, concocted by a desperate and unpopular Union to entrench itself and bar employee free choice” under federal law.
“USW officials openly admit that their modus operandi is to subordinate employee rights and interests to maintain union power, so we’re glad that that Mr. Cobourn and his coworkers were able to exercise their right to kick such union officials out of their workplace,” commented National Right to Work Foundation President Mark Mix. “Still, as the situation in Franklin, PA, demonstrates, more work needs to be done to safeguard employees’ right to decertify unions that they oppose.”
“The Foundation will continue to defend Ms. Hunsberger, her coworkers, and any other American employee who faces union-created roadblocks to exercising their right to eject the USW or any other union officials from their workplace,” added Mix.
National Right to Work Foundation Submits Comments Opposing Biden Rule to Give Unions Control Over Taxpayer-Funded Contracts
Comments argue against rule that would increase costs in order to discriminate against vast majority of American construction workers who are non-union
Washington, DC (October 17, 2022) – Today, the National Right to Work Legal Defense Foundation filed comments opposing a Federal Acquisition Regulatory (FAR) Council proposed rule to block non-union workers from working on federal contracts. The rule, which implements President Biden’s Executive Order 14063, requires federal agencies to impose PLAs (Project Labor Agreements) on contractors and employees who work on federal construction projects that will cost $35 million or more.
PLAs mandate that, to work on a construction project, contractors’ workers must be under union monopoly control. Given that around 80 percent of construction workers and contractors have opted against unionization, this union-only requirement discriminates against the vast majority of America’s construction workers. This also drives up the costs to taxpayers due to inefficient union work rules that union officials insist on.
Foundation attorneys note in the comments that “[t]here is no legitimate legal or policy basis for forcing employees and contractors to abide by union-only PLAs to work on major federal construction projects,” and that the executive order “is simply naked political payback by the current administration to its union supporters.”
The comments explain six ways in which the proposed rule violates federal law, particularly noting that the PLA requirement “will serve only to harm construction workers who reject union representation,” arguing they will be “subjected to unwanted union representation; forced to pay union dues as a condition of employment in non-Right to Work states…and will have large portions of their compensation diverted to union pension plans from which they will receive no benefits,” among other things.
Comments: Discriminating Against Majority of Construction Workers Violates Federal Law
The Foundation’s comments also point out that the proposed rule violates the Competition in Contracting Act (CICA), a federal law intended to improve costs by increasing competition for federal contracts. The comments state that shrinking the pool of contractors to only those that are willing to give into union boss demands “will inevitably lead to increased contracting costs for the federal government,” making the executive order and the rule it promulgates inconsistent with CICA.
In fact, as the comments explain, the proposed rule itself acknowledges that “between 2009 and 2021, federal contracting officers—who are trained to award contract to bidders that provide the best value to the government —required the use of PLAs in only 12 out of the approximately 2,000 instances where a Federal construction project cost $25 million or more.” This statistic underscores the inefficiency of PLAs.
The Foundation’s comments also argue that the proposed rule violates the Regulatory Flexibility Act (RFA) because it doesn’t analyze how small non-union contractors unwilling to submit to PLAs will be affected by the rule. The rule is also “arbitrary and capricious,” according to the comments, because of the rule’s failure to consider its cost impacts.
“So-called ‘Project Labor Agreements’ simultaneously discriminate against the over 8 in 10 American construction workers who exercise their right not to associate with a labor union, while forcing taxpayers to shoulder the extra cost of wasteful union work rules,” commented National Right to Work Foundation President Mark Mix. “Once again the Biden Administration shows its willingness to throw rank-and-file workers under the bus, just to enrich their special interest allies in Big Labor.”
Foundation Client Wins $5.1 Million Verdict After Union Boss-Instigated Firing
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2022 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Trial exposed emails advocating ‘targeted assassinations’ of union critics
Charlene Carter on her Foundation-won trial victory: “I am so humbled and thankful for today’s decision and for everyone who’s supported me these past five years.”
DALLAS, TX – Ex-Southwest Airlines flight attendant Charlene Carter prevailed in a federal jury trial in her lawsuit against the Transportation Workers Union of America (TWU) Local 556 union and Southwest. She charged both the company and union with illegally firing her for opposing the political activities of the union hierarchy, and with discriminating against her religious beliefs. Carter received free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
A jury in the U.S. District Court for the Northern District of Texas awarded Carter $5.1 million in combined compensatory and punitive damages against TWU and Southwest for their respective roles in her unlawful termination.
“Today is a victory for freedom of speech and religious beliefs. Flight attendants should have a voice and nobody should be able to retaliate against any employee for engaging in protected speech against her union,” said Carter reacting to the victory.
Flight Attendant Called Out Union Officials for Their Political Activities
Carter resigned from union membership in 2013 but was still forced to pay fees to TWU Local 556 as a condition of her employment. The Railway Labor Act (RLA), the federal law that governs labor relations in the air and rail industries, permits the firing of employees for refusal to pay dues and preempts the protections that state Right to Work laws provide.
However, the RLA does protect employees’ rights to remain non-members of the union, to speak out against the union and its “leadership,” and to advocate for changing the union’s current “leadership.”
In January 2017, Carter, a pro-life Christian, learned that then-TWU Local 556 President Audrey Stone and other Local 556 officials used union dues to attend a political rally in Washington, D.C., which was sponsored by activist groups she deeply opposed, including Planned Parenthood.
Carter, a vocal critic of Stone and the union, sent private Facebook messages to Stone challenging the union’s support for political positions that were contrary to Carter’s beliefs, and expressing support for a recall effort that would remove Stone from power. Carter also sent Stone a message emphasizing her commitment to a National Right to Work law after the union had sent an email to employees telling them to oppose Right to Work.
After a meeting at which Southwest officials confronted Carter about her posts protesting union officials’ positions, the company fired Carter. In 2017 Carter filed her federal lawsuit, challenging the firing as a clear violation of her rights under two federal laws. She maintained that she lost her job because of her religious beliefs, standing up to TWU Local 556 officials, and criticizing the union’s political activities and how it spent employees’ dues and fees.
Ultimately, concluding an 8-day July trial, the federal jury agreed with Carter and her Foundation staff attorneys. In its verdict, the jury found in favor of Carter on all counts of the lawsuit, while awarding Carter $950,000 in damages against the TWU union local and more than $4 million in damages against Southwest.
Union Zealot Advocated ‘Targeted Assassinations” of Union Dissidents
In email communications unearthed and introduced at trial by Foundation staff attorneys, TWU union militants advocated for “targeted assassinations” of union dissidents and mocked Carter for being unable to stop her money from going toward union-backed causes she opposed.
Carter’s Foundation-backed lawsuit also revealed ugly examples of the hostility TWU officials and activists had for workers like Carter who spoke out against the incumbent union hierarchy. Foundation staff attorneys are preparing to counter already-announced appeals by both Southwest and TWU.
“This long-awaited verdict vindicates Ms. Carter’s fundamental right to dissent from the causes and ideas that TWU union officials support while forcing workers to bankroll that agenda,” commented National Right to Work Foundation President Mark Mix. “Verdicts like this show not only that one brave worker standing up to union bullies can make a difference, but also send a message to union bosses that their unlawful tactics will not go unpunished or unchallenged.”
Worker Advocate: U.S. Supreme Court Should Hear Challenge to Government-Imposed Forced-Dues Union Contracts for CA Farmworkers
Amicus brief argues California law deprives farmworkers of their Constitutional rights by imposing union contract against their will
Washington, D.C. (May 16, 2018) – Today the National Right to Work Legal Defense Foundation is filing an amicus curiae brief with the United States Supreme Court for the Foundation and several employees of Gerawan Farming, urging the court to grant certiorari in Gerawan Farming, Inc. v. Agricultural Labor Relations Board (ALRB). The brief asks the Court to hear the challenge to California’s law that authorizes the state labor board to impose a union contract on a company and its workers against their will.
Although many states have separate labor laws that specifically cover agricultural workers, California’s law is unique in that it authorizes the state to impose union monopoly bargaining contracts, including so-called “union security” requirements that obligate farm workers to make payments to union officials or else be fired. In the Gerawan case pending before the Supreme Court, a state-appointed mediator imposed a forced dues requirement—that workers overwhelmingly opposed—for the benefit of union officials who hadn’t been heard from in nearly two decades.
As the brief explains, United Farm Workers (UFW) union officials abandoned any attempt to negotiate a union contract in 1995, after which workers successfully worked to determine the terms of their employment without the union for 17 years. Then, in 2012, UFW union officials returned and immediately invoked an amendment to California law authorizing an ALRB-appointed mediator to impose a contract if the union and company cannot reach an agreement.
After UFW officials announced their return, Gerawan workers moved to decertify the union. However, that effort was stifled when the Agricultural Labor Relations Board (ALRB) refused to count the ballots cast in the decertification vote, leaving the union in power despite what workers believe was overwhelming opposition to union “representation.”
The Foundation’s brief argues that California’s agricultural labor law violates the workers’ constitutional rights by forcing upon them union monopoly representation of a union they oppose – something central to many labor statutes – and by imposing the union monopoly contract that includes forced union dues.
In a related case, National Right to Work Foundation staff attorneys are also providing free legal representation to Uber and Lyft drivers challenging a Seattle ordinance designed to unionize the independent drivers. Like the California law at issue in Gerawan, the Seattle scheme authorizes a government official to impose a forced dues contract over the objections of the company and individual for-hire drivers who are compelled to accept union monopoly representation.
“The injustices Gerawan workers face every day – as a government-imposed contract forces them to pay dues to a union they overwhelmingly oppose– is evidence that the more power government grants to union bosses, the greater the infringement on the rights of individual employees,” stated National Right to Work Foundation President Mark Mix. “We hope the Supreme Court will take this case to establish legal limits to the coercive power that government can grant union officials over private employers and employees.”
