In Michigan, Foundation staff attorneys are providing legal aid to Johnson Controls (JCIM) Grand Rapids employees who want the UAW union hierarchy removed as the monopoly bargaining agent. Meanwhile UAW union organizers are attempting to force their way into JCIM’s Holland plant:

Grand Rapids, MI (December 23, 2008) – With free legal assistance from the National Right to Work Foundation, a Johnson Controls (JCIM) employee at the Talon Court facility in Kentwood has filed a decertification petition seeking an election to oust the United Auto Workers (UAW) union as the JCIM workers’ monopoly bargaining agent.

The development is another blow to the UAW union hierarchy which has taken a major public relations hit in recent months because of its role in driving the Big Three automakers to the brink of bankruptcy.

JCIM worker Dawn Lambert filed the decertification petition with the National Labor Relations Board (NLRB), which should conduct a secret-ballot election to determine whether or not a majority of the workforce wants to retain the UAW union as their monopoly bargaining agent. Under federal labor law governing the private sector, once the NLRB grants union officials monopoly bargaining status, it is illegal for any present or future employees – whether they are members of the union or not – to negotiate with their employer for themselves unless they can prove that the union hierarchy does not retain majority support.

Because a clear majority of the employees at the Talon Court facility in Kentwood have expressed their intent to remove the UAW, National Right to Work Foundation staff attorneys have also sent a letter to JCIM management demanding that they cease further contract negotiations and also withdraw recognition of what is now a minority union. Under the law, recognizing and negotiating with a union that does not have majority support is an unfair labor practice.

Read the rest of the Foundation’s press release here.

Grand Rapids, MI – With free legal assistance from the National Right to Work Foundation, a Johnson Controls (JCIM) employee at the Talon Court facility in Kentwood has filed a decertification petition seeking an election to oust the United Auto Workers (UAW) union as the JCIM workers’ monopoly bargaining agent.

The development is another blow to the UAW union hierarchy which has taken a major public relations hit in recent months because of its role in driving the Big Three automakers to the brink of bankruptcy.

JCIM worker Dawn Lambert filed the decertification petition with the National Labor Relations Board (NLRB), which should conduct a secret-ballot election to determine whether or not a majority of the workforce wants to retain the UAW union as their monopoly bargaining agent. Under federal labor law governing the private sector, once the NLRB grants union officials monopoly bargaining status, it is illegal for any present or future employees – whether they are members of the union or not – to negotiate with their employer for themselves unless they can prove that the union hierarchy does not retain majority support.

Because a clear majority of the employees at the Talon Court facility in Kentwood have expressed their intent to remove the UAW, National Right to Work Foundation staff attorneys have also sent a letter to JCIM management demanding that they cease further contract negotiations and also withdraw recognition of what is now a minority union. Under the law, recognizing and negotiating with a union that does not have majority support is an unfair labor practice.

The decertification drive against the UAW in Kentwood comes amidst a UAW campaign to unionize JCIM workers in nearby Holland. In Holland, UAW union bosses are pressuring JCIM to provide union organizers with access to company facilities and personal information about its employees, including their names, phone numbers, and home addresses.  Numerous employees at the JCIM Holland facility have responded by sending JCIM a letter asking that the company not release their personal information to the UAW union. To view a sample of the letter, click here.

Union bosses use this information to pressure employees to sign union authorization cards at work and at home. History shows that during “card check” campaigns union organizers frequently harass and even mislead workers into signing these cards. Once union officials collect signed cards from a majority of the workers, JCIM in Holland could be forced to recognize the union as the monopoly bargaining agent of all employees in the bargaining unit, even for those workers who would prefer to negotiate their own wages and working conditions based on their individual merit.

“Employees are apparently sick and tired of the UAW bosses’ role in fomenting conflict in the workplace, job losses, corruption, and Far Left political activism,” said Stefan Gleason, vice president of the National Right to Work Foundation.

Washington State Appeals Court Upholds Teachers’ Right to Restitution for Dues Illegally Spent By WEA Union Officials

After securing U.S. Supreme Court victory, National Right to Work attorneys pick up the pieces of an otherwise impotent campaign finance regulation

Seattle, WA (December 17, 2008) — A recent decision by a Washington State Court of Appeals, Division 2, has ruled union officials can be held liable for illegally spending teachers’ forced union dues under a now-effectively defunct campaign finance regulation.

The ruling means that thousands of Washington State teachers may receive restitution for the amount Washington Education Association (WEA) union officials illegally docked their paychecks to pay for union political expenditures. The ineffective campaign finance law at issue had been adopted in 1992 and has since been voided by the Washington State Legislature.

The teachers are receiving free legal aid from National Right to Work Foundation staff attorneys. In 2007, Foundation attorneys successfully brought the Davenport v. WEA case to the U.S. Supreme Court, which overturned an earlier Washington State Supreme Court decision using the campaign finance law to undermine the First Amendment. The state appeals court ruled Friday on a number of issues, including upholding the teachers’ tort claim for restitution and approving the certification of thousands of employees as a class.

Before it was gutted by amendment in 2007, the Washington law had required union officials to obtain the prior consent of nonunion public employees before spending their mandatory union dues on a small fraction of what the union actually spends on politics. According to an amicus brief filed by the Evergreen Freedom Foundation, the amount of political expenditures actually covered by the law was “miniscule… less than one quarter of one percent of the WEA’s total expenditures.” However, in striking down the law, the state Supreme Court had erroneously found a constitutional “right” for union officials to spend the money of non-union employees who are compelled to pay union dues as a condition of employment.

(Continue reading this news release…)

Seattle, WA (December 17, 2008) — A recent decision by a Washington State Court of Appeals, Division 2, has ruled union officials can be held liable for illegally spending teachers’ forced union dues under a now-effectively defunct campaign finance regulation.

The ruling means that thousands of Washington State teachers may receive restitution for the amount Washington Education Association (WEA) union officials illegally docked their paychecks to pay for union political expenditures. The ineffective campaign finance law at issue had been adopted in 1992 and has since been voided by the Washington State Legislature.

The teachers are receiving free legal aid from National Right to Work Foundation staff attorneys. In 2007, Foundation attorneys successfully brought the Davenport v. WEA case to the U.S. Supreme Court, which overturned an earlier Washington State Supreme Court decision using the campaign finance law to undermine the First Amendment. The state appeals court ruled Friday on a number of issues, including upholding the teachers’ tort claim for restitution and approving the certification of thousands of employees as a class.

Before it was gutted by amendment in 2007, the Washington law had required union officials to obtain the prior consent of nonunion public employees before spending their mandatory union dues on a small fraction of what the union actually spends on politics. According to an amicus brief filed by the Evergreen Freedom Foundation, the amount of political expenditures actually covered by the law was “miniscule… less than one quarter of one percent of the WEA’s total expenditures.” However, in striking down the law, the state Supreme Court had erroneously found a constitutional “right” for union officials to spend the money of non-union employees who are compelled to pay union dues as a condition of employment.

“Ineffective ‘paycheck protection’ campaign finance laws such as this have unfortunately opened a Pandora’s Box, creating an opportunity for activist courts to award new privileges to union officials and even to jeopardize state Right to Work laws,” said Stefan Gleason, vice president of the National Right to Work Foundation. “While the underlying law was deeply flawed, the National Right to Work Foundation had a duty to limit the broader collateral damage done to employees’ rights by the state court’s response and to fight for the return of dues illegally seized under the now totally ineffective law.”

“Ultimately, Right to Work laws are the only way to protect workers from the misuse of their funds. By making membership and the payment of dues entirely voluntary, Right to Work laws allow employees to prevent the theft in the first place,” stated Gleason.

Washington, DC (December 12, 2008) – Mark Mix, President of the National Right to Work Legal Defense Foundation, made the following statement today in response to United Auto Workers (UAW) union president Ron Gettelfinger’s angry lashing out on national television at the legal foundation’s efforts to defend workers from forced unionism abuse:

"How dare you blame the current debacle in the automotive business on efforts to give workers the right to join or not join a union. These problems have been caused by the forced unionism stranglehold you currently enjoy.

"Make no mistake; you will never get your hands on the list of the National Right to Work Foundation’s contributors. Over the years, hundreds of thousands of generous Americans have helped our organization provide free legal aid to the employee victims of your forced unionism hierarchy. We will NEVER allow these folks to be put into harm’s way by making their identities known to your goons."

Ron Gettelfinger held a press conference aired today on various television networks in which he implied the union hierarchy’s problems result from external factors, rather than forced unionism that has brought the Big Three to its knees. "We’ve [sic] also up against National Right to Work Legal Defense Foundation who we don’t even know who they are, because we can’t find out who their contributors are," he announced.

Gettelfinger was referencing a 13-year legal battle by the UAW and 12 other international unions intended to force the National Right to Work Legal Defense Foundation to reveal the names and addresses of its contributors. During the litigation, union lawyers finally admitted they wanted to send the contributor list to local union chiefs all over the country. They wanted to make “discreet inquiries” about the contributors in their areas.

Ultimately this largest multi-union lawsuit in history ended in a loss for union lawyers, but not after lower courts had nearly thrown then-Foundation president Reed Larson in jail twice for defiance of court orders demanding release of the contributor list.

The Foundation’s support comes from all kinds of people — union members, nonunion employees, small business owners, charitable foundations and others. Many of them would be subjected to vicious retaliation if the union bosses could just learn their identities. Blacklisting, beatings, bombings, and arson are just a few of the tactics union “enforcers” use against those who oppose them.

With free legal aid from National Right to Work Foundation staff attorneys, a fourth grade teacher from Ohio has filed a federal suit against Ohio’s largest teacher union for religious discrimination:

Columbus, OH (December 4, 2008) – A fourth grade teacher from the Coldwater Exempted Village School District has filed a federal suit against the state’s largest teacher union for forcing her to pay compulsory union fees to fund the union whose activities violate her religious faith.

National Right to Work Legal Defense Foundation attorneys, providing the teacher with free legal aid, filed the suit this week in the United States District Court for the Southern District of Ohio, Eastern Division.

Kathy Hart, an active member of the Catholic Church, has been a teacher in the Ohio public school system since August 1996. Because the public school she works in is unionized, she works under a collective bargaining agreement which forces her to pay compulsory union fees to the National Education Association (NEA) union and its state and local affiliates – the Ohio Education Association (OEA) union and the Coldwater Teachers Organization (CTO) union. Due to her faith, Hart objects to the unions’ positions on abortion and special rights for homosexuals.

Hart had asked that the union divert her compulsory fees to a charity, thereby accommodating her religious objections to supporting financially unions she believes to be involved in immoral activities.

Read the rest of the Foundation’s press release here.

Columbus, OH (December 4, 2008) – A fourth grade teacher from the Coldwater Exempted Village School District has filed a federal suit against the state’s largest teacher union for forcing her to pay compulsory union fees to fund the union whose activities violate her religious faith.

National Right to Work Legal Defense Foundation attorneys, providing the teacher with free legal aid, filed the suit this week in the United States District Court for the Southern District of Ohio, Eastern Division.

Kathy Hart, an active member of the Catholic Church, has been a teacher in the Ohio public school system since August 1996. Because the public school she works in is unionized, she works under a collective bargaining agreement which forces her to pay compulsory union fees to the National Education Association (NEA) union and its state and local affiliates – the Ohio Education Association (OEA) union and the Coldwater Teachers Organization (CTO) union. Due to her faith, Hart objects to the unions’ positions on abortion and special rights for homosexuals.

Hart had asked that the union divert her compulsory fees to a charity, thereby accommodating her religious objections to supporting financially unions she believes to be involved in immoral activities.

NEA union officials agreed to allow Hart to redirect her compulsory union dues to a mutually agreed upon charity. However, OEA officials refused to accommodate Hart and used the CTO to collect forced union dues from her paycheck. In response, Hart filed charges with the United States Equal Employment Opportunity Commission (EEOC) alleging that the union officials’ actions were religious discrimination in violation of Title VII of the Civil Rights Act. The EEOC authorized Hart in September to proceed with her own civil action against the OEA and CTO.

National Right to Work Foundation attorneys have helped Ohio teachers in dozens of cases over the last decade involving harassment by officials at the OEA union and its affiliates.

“OEA union bosses have a long and abusive record of violating employees’ rights by refusing to accommodate religious objectors in the workplace,” said Stefan Gleason, vice president of the National Right to Work Foundation. “The OEA union hierarchy’s ugly policy of forcing teachers to fund unions which offend their consciences will continue until Ohio gives employees the protections of a Right to Work law.”

A Right to Work law secures the right of employees to decide whether or not to join or financially support a union. In the 22 states that have passed Right to Work laws, employees are free to follow their conscience and refrain from supporting an unwanted union without having to resort to costly litigation.