8 Dec 2009

Federal Judge Upholds Injunction Against Teamster Union Bosses for Illegal Dues Scheme

Posted in News Releases

Pittsburgh, PA (December 8, 2009) – A judge for the United States District Court for the Western District of Pennsylvania ruled in favor of seven Pennsylvania Turnpike Commission (PTC) employees, maintaining a permanent injunction against the Teamsters union and PTC for seizing forced union dues in violation of the employees’ constitutional rights.

With free legal aid from staff attorneys at the National Right to Work Foundation, the seven Turnpike workers filed a federal lawsuit in 2007 against Teamsters Local 250, the International Brotherhood of Teamsters (IBT), and the PTC. Exercising monopoly bargaining power over PTC employees, Local 250 officials may collect forced union dues from nonmembers – but only for expenses which union officials can prove are spent on collective bargaining.

Last year, the District Court levied a permanent injunction against Local 250 from seizing forced dues from nonmembers until it complies with the due-process and adequate disclosure requirements in the Chicago Teachers Union v. Hudson and Lehnert v. Ferris Faculty Association line of U.S. Supreme Court cases. Charges must be verified by an independent auditor, and workers must have the opportunity to challenge the fee’s basis.

Union officials asked U.S. District Court Judge Nora Barry Fischer to lift the injunction, but Fischer found that the union still had not complied with all of the constitutional requirements under Hudson and Lehnert. Specifically, Fischer held that the union’s audit contained overly broad language concerning organizing, lobbying, and membership activities. Fischer also singled out Local 250’s charges to nonmembers for “professional fees,” including 100 percent of all legal expenses – meaning that union bosses were attempting to charge nonmembers the cost of defending its illegal actions against them.

“Pennsylvania should adopt a Right to Work law so independent-minded employees do not have to jump through legal hoop after legal hoop just to find out what they are being charged for,” said Stefan Gleason, vice president of the National Right to Work Foundation. “In the absence of such a protection, union bosses will continue to try to abuse employees’ rights in their lust for more money and power.”

7 Dec 2009

Teamsters Local Bosses Attempt to Prevent Employees From Canceling Their Forced Dues Privileges

Posted in News Releases

Auburn, Washington (December 7, 2009) – In a desperate attempt to stall an employee vote at Alan Ritchey, Inc. which would rescind their forced dues privileges, Teamsters Local 117 union bosses filed unfair labor practice charges against the National Right to Work Legal Defense Foundation, asking the federal labor board to block an election sought by the employees.

Stefan Gleason, vice president of National Right to Work, released the following statement regarding the Teamster Local 117 officials’ charges:

“Teamster Local 117 union bosses’ desperate attempt to abuse the process to strip employees of their rightful vote to remove the Teamsters’ forced union dues privileges is outright frivolous. Sensing a lack of support from the employees, Teamsters Local 117 union officials are using procedural gimmicks to keep their forced-dues gravy train going.

“National Right to Work Legal Defense Foundation attorneys have represented several independent-minded employees who have been targeted by Local 117 union brass during their ongoing campaign of retaliation and harassment against employees who exercise their legal rights to refrain from funding union political activities. It’s downright ludicrous to suggest that a legal foundation located on the other side of the country is somehow coercing the employees who contacted us on their own for help.

“Forced union dues is an outrageous violation of employees’ freedom of association, and it leads to an unaccountable union hierarchy. Union officials don’t want to have to earn the support of rank and file workers, instead preferring to possess the power to get employees fired for nonpayment of union dues.”

With help from Foundation attorneys, Alan Ritchey, Inc. employees Gayle May and Patricia Allen – acting for dozens of other similarly-situated employees of the mail transportation equipment repair and service center – filed unfair labor practice charges against Local 117 last month.

The employees received a letter from union officials giving them only a few days to exercise their Foundation-won legal rights to refrain from paying union dues spent for non-bargaining activities like political activism, lobbying, and member-only events – even though the employees had already exercised these rights – or be fired from their jobs. At about the same time, other Alan Ritchey employees also filed a petition seeking a deauthorization election which would void the forced union dues clause in the contract with their employer.

7 Dec 2009

Teamsters Local Bosses Attempt to Prevent Employees From Canceling Their Forced Dues Privileges

Posted in News Releases

News Release

Teamsters Local Bosses Attempt to Prevent Employees From Canceling Their Forced Dues Privileges

Fearing a lack of support, union bosses abuse process to prevent employee vote

Auburn, Washington (December 7, 2009) – In a desperate attempt to stall an employee vote at Alan Ritchey, Inc. which would rescind their forced dues privileges, Teamsters Local 117 union bosses filed unfair labor practice charges against the National Right to Work Legal Defense Foundation, asking the federal labor board to block an election sought by the employees.

Stefan Gleason, vice president of National Right to Work, released the following statement regarding the Teamster Local 117 officials’ charges:

“Teamster Local 117 union bosses’ desperate attempt to abuse the process to strip employees of their rightful vote to remove the Teamsters’ forced union dues privileges is outright frivolous. Sensing a lack of support from the employees, Teamsters Local 117 union officials are using procedural gimmicks to keep their forced-dues gravy train going.

“National Right to Work Legal Defense Foundation attorneys have represented several independent-minded employees who have been targeted by Local 117 union brass during their ongoing campaign of retaliation and harassment against employees who exercise their legal rights to refrain from funding union political activities. It’s downright ludicrous to suggest that a legal foundation located on the other side of the country is somehow coercing the employees who contacted us on their own for help.

“Forced union dues is an outrageous violation of employees’ freedom of association, and it leads to an unaccountable union hierarchy. Union officials don’t want to have to earn the support of rank and file workers, instead preferring to possess the power to get employees fired for nonpayment of union dues.”

(Read the full press release)

2 Dec 2009

Union Watchdog Files Second Disclosure Request to Investigate Obama Labor Department Stonewalling

Posted in News Releases

News Release

Union Watchdog Files Second Disclosure Request to Investigate Obama Labor Department Stonewalling

Media report indicates Department of Labor officials are “in a tizzy and freaking out” over federal lawsuit

Washington, DC (December 2, 2009) – The National Right to Work Foundation has filed new disclosure demands on the heels of its lawsuit to compel the Department of Labor (DOL) to release information related to high-ranking officials’ connections to powerful union lobbying interests.

A media report indicates DOL officials have deliberately ignored disclosure laws, and Right to Work attorneys are seeking internal DOL records backing up the report.

National Right to Work originally lodged a Freedom of Information Act (FOIA) request last April citing concerns about Secretary of Labor Hilda Solis, who previously held a key leadership position at the Big Labor-front group “American Rights at Work,” and Deborah Greenfield, who was a lawyer for the AFL-CIO involved in a lawsuit challenging DOL union disclosure regulations that she now oversees as an administration appointee.

For the last seven months, the Obama Administration has stonewalled the Foundation’s FOIA request seeking disclosure of the high-ranking DOL officials’ contacts with union operatives. Late last month, Right to Work attorneys filed suit in federal court to force the Obama Administration to fulfill its obligations under the Freedom of Information Act.

Subsequent media coverage has revealed DOL officials apparently decided to ignore the Foundation’s FOIA request, but facing the lawsuit and negative publicity is now reconsidering. Additionally, one media report cited a high-placed source stating that panicked DOL officials “are in a tizzy and freaking out” because of the Foundation’s lawsuit.

(Read the full press release)

2 Dec 2009

Union Watchdog Files Second Disclosure Request to Investigate Obama Labor Department Stonewalling

Posted in News Releases

Washington, D.C. (December 2, 2009) – The National Right to Work Foundation has filed new disclosure demands on the heels of its lawsuit to compel the Department of Labor (DOL) to release information related to high-ranking officials’ connections to powerful union lobbying interests.

A media report indicates DOL officials have deliberately ignored disclosure laws, and Right to Work attorneys are seeking internal DOL records backing up the report.

National Right to Work originally lodged a Freedom of Information Act (FOIA) request last April citing concerns about Secretary of Labor Hilda Solis, who previously held a key leadership position at the Big Labor-front group “American Rights at Work,” and Deborah Greenfield, who was a lawyer for the AFL-CIO involved in a lawsuit challenging DOL union disclosure regulations that she now oversees as an administration appointee.

For the last seven months, the Obama Administration has stonewalled the Foundation’s FOIA request seeking disclosure of the high-ranking DOL officials’ contacts with union operatives. Late last month, Right to Work attorneys filed suit in federal court to force the Obama Administration to fulfill its obligations under the Freedom of Information Act.

Subsequent media coverage has revealed DOL officials apparently decided to ignore the Foundation’s FOIA request, but facing the lawsuit and negative publicity is now reconsidering. Additionally, one media report cited a high-placed source stating that panicked DOL officials “are in a tizzy and freaking out” because of the Foundation’s lawsuit.

Today, Foundation attorneys filed another FOIA request this time for the DOL’s search plan and interoffice communications – including emails, meeting minutes, notes, and other interoffice correspondence – relating to the initial FOIA request.

“President Obama’s widely-touted promise of unparalleled transparency has been met with unparalleled secrecy,” said Stefan Gleason, vice president of the National Right to Work Foundation. “The Department of Labor’s deliberate stonewalling is unsettling. It suggests the administration is hiding damaging information about whether Hilda Solis and Deborah Greenfield are coordinating their activities with pro-compulsory unionism extremists.”

“Giving Big Labor undue influence over the Department’s rule-making and administrative oversight is a slap in the face of America’s independent-minded workers. The public deserves to know about any collusion between this administration and Big Labor bosses.”

20 Nov 2009

Worker Advocate Files Lawsuit to Force Disclosure of Administration’s Big Labor Ties

Posted in News Releases

Washington, DC (November 19, 2009) – Because the Obama Administration has stonewalled a Freedom of Information Act (FOIA) request submitted last April, the National Right to Work Legal Defense Foundation filed a lawsuit today to compel the Department of Labor (DOL) to release information related to high-ranking officials’ contact with union operatives.

“The Administration’s apparent involvement with union officials fatally undermines the integrity of the Department of Labor’s rule-making and administrative oversight,” said Mark Mix, president of the National Right to Work Foundation. “The public deserves to know the extent of the close ties between this Administration and organized labor bosses.”

National Right to Work originally lodged a FOIA request last spring, seeking disclosure on high-ranking DOL officials’ connections to powerful union lobbying interests. The FOIA submission cited concerns about Secretary of Labor Hilda Solis, who previously held a key leadership position at the Big Labor-front group “American Rights at Work,” and Deborah Greenfield, a DOL appointee who previously worked with the AFL-CIO to overturn the same union disclosure guidelines she now oversees.

As of today, the DOL has refused to honor President Obama’s widely touted promise of transparency and has failed to follow federal laws requiring the timely disclosure of public information. As a result, Right to Work attorneys concluded that a federal lawsuit was the only way to compel the level of transparency promised by President Obama and guaranteed under the Freedom of Information Act.

“It’s absolutely vital that this information is made available to the public to dispel real concerns about conflicts of interest at the Department of Labor,” continued Mix. “On the campaign trail, Obama said that ‘the way to hold government accountable is to make it transparent so that the American people can know exactly what decisions are being made [and] how they’re being made.’ We intend to hold him to that promise.”

18 Nov 2009

New Press Release: Employee Lawsuit Pushes Teacher Union Bosses to Refund Dues, Allow Educators to Resign

Posted in News Releases

News Release

Employee Lawsuit Pushes Teacher Union Bosses to Refund Dues, Allow Educators to Resign

Despite a partial victory, Right to Work Foundation presses forward with
lawsuit to ensure all public educators’ rights are protected

Louisville, KY (November 18, 2009) – Facing an embarrassing legal setback from rank-and-file teachers, Jefferson County Teacher Association (JCTA union officials announced their intention to refund several educators’ forced dues and allow public school employees to resign from union membership during a new window period and terminate certain forced dues payments.

This announcement comes on the heels of a class-action lawsuit filed by Jefferson County educators with free legal assistance from the National Right to Work Foundation. The lawsuit, filed against the JCTA union and its national affiliate, the National Education Association (NEA) union, in U.S. District Court, seeks the return of illegally seized dues, a modification of the union’s contract to allow employees to resign from union membership at any time, and a regular notice from the union brass informing public school employees of their right to refrain from formal union membership . . .

(Read more here)

18 Nov 2009

Employee Lawsuit Pushes Teacher Union Bosses to Refund Dues, Allow Educators to Resign

Posted in News Releases

Louisville, KY (November 18, 2009) – Facing an embarrassing legal setback from rank-and-file teachers, Jefferson County Teacher Association (JCTA) union officials announced their intention to refund several educators’ forced dues and allow public school employees to resign from union membership during a new window period and terminate certain forced dues payments.

This announcement comes on the heels of a class-action lawsuit filed by Jefferson County educators with free legal assistance from the National Right to Work Foundation. The lawsuit, filed against the JCTA union and its national affiliate, the National Education Association (NEA) union, in U.S. District Court, seeks the return of illegally seized dues, a modification of the union’s contract to allow employees to resign from union membership at any time, and a regular notice from the union brass informing public school employees of their right to refrain from formal union membership.

Currently, teachers employed in Jefferson County are automatically enrolled as union members and forced to pay full union dues unless they explicitly register an objection to JCTA union officials. Before union officials announced their new policy, teachers were only permitted to resign from formal union membership during a ten day-window period after an individual teacher’s contract was signed or after the union hierarchy agreed to a new contract with the local school board. If a teacher failed to register an objection to union membership within either period, he or she was forced to remain a full dues-paying union member until the expiration of the union’s five-year contract with the local school board.

The suit has already prompted union officials to announce their intention to refund over $1,100 of confiscated union dues to each of the lawsuit’s named plaintiffs, but apparently not to the hundreds of other educators represented in the class action lawsuit. Union officials have also unveiled a new opt-out period for educators seeking to leave the union that lasts until December 31.

However, Foundation attorneys believe that these changes do not address several core concerns raised in the educators’ lawsuit. Under the new policy, Jefferson County educators can still be automatically enrolled in the union without their consent and dissatisfied union members will still be forced to wait for an unconstitutional, union-designated window period to resign. Moreover, JCTA officials retain the option of reversing these policy changes without a binding legal precedent.

“Union bosses know that their illegal policy won’t hold up under the scrutiny of a federal class-action lawsuit, and this belated concession is a desperate attempt to avoid issuing refunds to literally hundreds of educators whose rights have been violated,” said Stefan Gleason, vice president of the National Right to Work Foundation. “JCTA bosses must get rid of their coercive membership policy in its entirety, and we intend to pursue all legal remedies available to the Kentucky educators whose rights are being violated.”

17 Nov 2009

Independent-Minded Employees Slap Teamster Bosses with Federal Labor Charges For Illegal Threats

Posted in News Releases

News Release

Independent-Minded Employees Slap Teamster Bosses with Federal Labor Charges For Illegal Threats

Right to Work Foundation aids courageous employees who union bosses threatened to have fired

Auburn, Washington (November 17, 2009) – Two Alan Ritchey Incorporated employees have hit local Teamster union officials with unfair labor practice charges after the union brass illegally threatened them with imminent termination.

Gayle May and Patricia Allen, employees of the transportation, storage, and mail delivery manufacturer and supplier, contacted the National Right to Work Foundation after they received a letter from Teamster Local 117 union officials giving them only days to exercise their legal rights to refrain from paying union dues spent for non-bargaining activities like political activism, lobbying, and member-only events, even though they had already exercised these rights.

With help from Foundation attorneys, the employees – on behalf of dozens of other similarly-situated Alan Ritchey employees – filed the charges with the National Labor Relations Board regional office in Seattle.

(Read the full press release)

17 Nov 2009

Independent-Minded Employees Slap Teamster Bosses with Federal Labor Charges For Illegal Threats

Posted in News Releases

Auburn, Washington (November 17, 2009) – Two Alan Ritchey Incorporated employees have hit local Teamster union officials with unfair labor practice charges after the union brass illegally threatened them with imminent termination.

Gayle May and Patricia Allen, employees of the transportation, storage, and mail delivery manufacturer and supplier, contacted the National Right to Work Foundation after they received a letter from Teamster Local 117 union officials giving them only days to exercise their legal rights to refrain from paying union dues spent for non-bargaining activities like political activism, lobbying, and member-only events, even though they had already exercised these rights.

With help from Foundation attorneys, the employees – on behalf of dozens of other similarly-situated Alan Ritchey employees – filed the charges with the National Labor Relations Board regional office in Seattle.

May and Allen held a clear and longstanding objection to formal, dues paying union membership exercising their rights under the Foundation-won Communication Workers of America v. Beck (1988) U.S. Supreme Court victory. In Beck, the Court held that union officials can lawfully compel nonmembers to pay some union dues as a job condition, but they cannot forcibly extract dues spent for union electioneering and other non-bargaining activities.

Over the years, May and Allen have filed several charges against Teamsters 117 over its campaign of retaliation and harassment against independent-minded employees who exercise their Beck rights.

In a new twist, Teamster Local 117 union bosses – citing a new contract between the union and the employer – bullied May and Allen with threats of fines and termination unless they “reiterate” their intentions to exercise their rights under Beck. Employees who exercise their right to refrain from full dues paying union membership are not required to “reiterate” or “renew” their status. Regardless, Local 117 officials sent the employees the letter giving them only a few days to do so (without detailing how) or they would be fired from their jobs.

"It is clear that Local 117 union bosses are employing a new form of illegal harassment aimed at purging independent-minded employees from the workplace," said Stefan Gleason, vice president of the National Right to Work Foundation. "Incidents like this reinforces why Washington needs to pass a state Right to Work law to protect independent-minded employees from shameful union boss threats and intimidation."