Union officials violated civil servants’ First Amendment rights under the Supreme Court’s Janus decision by deducting unauthorized forced fees

Concord, NH (January 18, 2019) – New Hampshire state workers filed a class action lawsuit in federal court with free legal assistance from National Right to Work Foundation staff attorneys stating that union officials violated their constitutional rights by forcing them to pay unauthorized union fees as a condition of employment.

State employees Patrick Doughty and Randy Severance are suing the State Employees’ Association of New Hampshire (SEIU Local 1984) in the U.S. District Court for the District of New Hampshire.

The employees are asking the court to order union officials to refund the fees seized from their wages and those of countless other New Hampshire public employees who were subjected to the same unconstitutional mandatory union payments.

For years, the state forcibly deducted union fees from the two employees’ paychecks at the behest of union officials, even though neither was a member of SEIU Local 1984, nor had they agreed to pay any union fees. The lawsuit seeks refunds of all forced fees seized by the union going back at least three years as New Hampshire’s statute of limitations permits.

Taking union fees from Doughty and Severance without their explicit authorization violated their First Amendment rights, according to the landmark U.S. Supreme Court decision in Janus v. AFSCME, a case argued and won by Foundation staff attorneys in 2018. The High Court ruled in Janus that coercing civil servants into financially subsidizing a union violates their rights to free speech and free association.

The ruling also made it clear that before union officials can collect any dues or fees from them, public employees must affirmatively opt in for such payments and must knowingly waive their First Amendment right not to pay. The Supreme Court’s Janus ruling also observed that public sector unions have been “on notice” since at least the 2012 Knox v. SEIU decision – also argued and won by Foundation staff attorneys – that forced union fees were likely incompatible with the First Amendment.

“For years, New Hampshire union bosses violated the First Amendment rights of the very public employees they claimed to represent,” said Mark Mix, president of the National Right to Work Legal Defense Foundation. “Just as a bank robber caught red-handed would never be allowed to keep the proceeds of such criminal behavior, union officials must also return the money they’ve pilfered from the paychecks of hundreds of thousands of workers across the country in violation of the Constitution, the supreme law of the land.”

Grand Rapids worker files NLRB charge against Teamsters, while Dearborn worker wins settlement with Ford Motor Company in ongoing case with UAW

Grand Rapids, MI (January 29, 2019) – A Michigan worker has filed an unfair labor practice charge with the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys because his employer has continued unlawfully deducting union dues from his paycheck for union officials, even after he instructed the union to cease taking dues from his wages.

Parnell White, employed as a driver by Head Start of Kent County in Walker, Michigan, sent a letter to International Brotherhood of Teamsters, Local 406 in Grand Rapids, resigning his union membership and revoking his authorization for Teamsters union officials to deduct any further union membership dues.

The letter was received by union officials on November 27, 2018, during the union’s prescribed annual 15-day “window period” to revoke dues authorization. However, the union refused to acknowledge his letter, and dues continue to be taken out of White’s paycheck and received by union officials without his permission.

White’s charge alleges that the union officials’ actions violate his rights under the National Labor Relations Act (NLRA). Those illegal actions are preventing him from enjoying the protections of Michigan’s Right to Work Law which prohibits union officials from forcing workers to pay union dues or fees as a condition of employment.

This charge is similar to another ongoing case in Dearborn, Michigan. There Lloyd Stoner filed unfair labor practice charges with the NLRB against the United Auto Workers (UAW) union and his employer, the Ford Motor Company, with free legal assistance from Foundation staff attorneys.

UAW union officials refused to acknowledge Stoner’s March 2018 request to stop all deductions of union dues from his paycheck. Instead, his employer continued to take union dues from his hard-earned wages and continued sending the dues to the union.

Earlier this month, Stoner won a settlement with Ford Motor Company, although the charge against UAW is still outstanding. Along with other conditions, Ford will refund any outstanding deducted dues with interest to Stoner. The company also must post public notices to employees informing them of their rights to abstain from supporting union activities. The case against the UAW continues.

“Union officials have repeatedly refused to respect workers’ legal rights in the Great Lakes State, as demonstrated by the more than 100 cases workers have filed in Michigan since Right to Work was enacted there six years ago,” said Mark Mix, president of the National Right to Work Legal Defense Foundation. “Rather than win the voluntary support of rank-and-file workers, in their efforts to stuff their pockets Michigan union bosses continue to systematically violate the rights of the very workers they claim to represent.”

Right to Work Foundation Issues Special Legal Notice to Chattanooga Volkswagen Employees

UAW union bosses target Volkswagen workers for unionization

Springfield, VA (September 5, 2013) – The National Right to Work Foundation has issued a special legal notice regarding Chattanooga, Tennessee Volkswagen AG (VOW.DE) workers targeted by United Auto Workers (UAW) union officials for unionization. The notice can be viewed here: https://nrtw.org/en/vw-chattanooga.

Recent media reports suggest that Volkswagen and UAW union officials are in talks about unionization of the VW workers at the Chattanooga plant. The Foundation’s notice debunks UAW union boss Bob King’s remarks that Volkswagen workers must unionize with the UAW union in order to discuss wages and working conditions with their employer. The notice also informs workers about what they can legally do if they oppose, or change their minds about their support of, the unionization scheme.

Click here to read the full release.

Right to Work Foundation Issues Special Legal Notice to Alabama Mercedes Employees

UAW union bosses target Mercedes-Benz workers for unionization

Springfield, VA (September 18, 2014) – The National Right to Work Foundation has issued a special legal notice regarding Vance, Alabama Mercedes-Benz workers targeted by United Auto Workers (UAW) union officials for unionization. The notice can be viewed here: https://nrtw.org/en/special-notice-alabama-mercedes-benz.

UAW union officials are waging an aggressive unionization campaign targeting Mercedes-Benz workers at the Vance plant. The Foundation’s notice debunks UAW union boss Dennis Williams’s claims that Mercedes-Benz workers must unionize with the UAW union in order to discuss wages and working conditions with their employer. The notice informs workers about what they can legally do if they oppose, or change their minds about their support of, the unionization scheme.

The notice also addresses workers’ legal rights during a card check unionization campaign, similar to what UAW union officials attempted in Chattanooga, Tennessee, in case UAW union organizers resort to the coercive unionization tactic.

Click here to read the full release.

Philadelphia, PA (August 22, 2013) – The National Right to Work Legal Defense Foundation, which helps victims of union coercion, just released a special legal notice geared to informing Philadelphia-area construction workers of their rights.

The Foundation issued the legal notice in the wake of extensive media reports of union violence and harassment perpetrated against Post Brothers Construction and other nonunion construction employers’ work sites in the Philadelphia area. The reports allege that Philadelphia Building Trades Union militants are at the heart of this despicable activity.

The Foundation encourages Philadelphia construction workers to learn about their rights from independent sources and posted the special legal notice for workers on its website at https://nrtw.org.

The Foundation notes that employees have the right under federal labor law, and local criminal and civil laws, to work in an environment free from union threats, violence, and coercion. And the Foundation is offering free legal aid to Philadelphia construction employees targeted by union violence and harassment.

“The National Right to Work Foundation stands ready to defend the rights of workers who want to work to support themselves and their families free from union thuggery and intimidation,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “No worker should ever be forced to join or pay dues to an unwanted union just to get or keep a job.”

Springfield, VA (September 5, 2013) – The National Right to Work Foundation has issued a special legal notice regarding Chattanooga, Tennessee Volkswagen AG (VOW.DE) workers targeted by United Auto Workers (UAW) union officials for unionization. The notice can be viewed here: https://nrtw.org/en/vw-chattanooga.

Recent media reports suggest that Volkswagen and UAW union officials are in talks about unionization of the VW workers at the Chattanooga plant. The Foundation’s notice debunks UAW union boss Bob King’s remarks that Volkswagen workers must unionize with the UAW union in order to discuss wages and working conditions with their employer. The notice also informs workers about what they can legally do if they oppose, or change their minds about their support of, the unionization scheme.

“Volkswagen workers can discuss their work with their employer without UAW unionization,” said Mark Mix, President of the National Right to Work Foundation. “The UAW’s campaign of misrepresentation is meant only to misinform workers into thinking that they have no choice but to unionize.”

“National Right to Work attorneys have assisted workers across the country who have suffered the consequences of these top-down organizing campaigns designed by UAW union officials,” added Mix. “Workers who feel they are being unfairly pressured when deciding whether or not to associate with the UAW union may request free legal aid from National Right to Work Foundation staff attorneys by calling 1-800-336-3600 or contacting us on the Foundation’s website at www.nrtw.org.”

Springfield, VA (September 18, 2014) – The National Right to Work Foundation has issued a special legal notice regarding Vance, Alabama Mercedes-Benz workers targeted by United Auto Workers (UAW) union officials for unionization. The notice can be viewed here: https://nrtw.org/en/special-notice-alabama-mercedes-benz.

UAW union officials are waging an aggressive unionization campaign targeting Mercedes-Benz workers at the Vance plant. The Foundation’s notice debunks UAW union boss Dennis Williams’s claims that Mercedes-Benz workers must unionize with the UAW union in order to discuss wages and working conditions with their employer. The notice informs workers about what they can legally do if they oppose, or change their minds about their support of, the unionization scheme.

The notice also addresses workers’ legal rights during a card check unionization campaign, similar to what UAW union officials attempted in Chattanooga, Tennessee, in case UAW union organizers resort to the coercive unionization tactic.

“Mercedes-Benz workers can discuss their work with their employer without UAW unionization,” said Mark Mix, President of the National Right to Work Foundation. “UAW union officials are misleading workers into thinking that they have no choice but to unionize in order to have a voice in the workplace.”

“National Right to Work attorneys have assisted workers across the country who have suffered the consequences of these top-down organizing campaigns designed by UAW union officials, most recently in Chattanooga,” added Mix. “Workers who feel they are being unfairly pressured when deciding whether or not to associate with the UAW union may request free legal aid from National Right to Work Foundation staff attorneys by calling 1-800-336-3600 or contacting us on the Foundation’s website at www.nrtw.org.”

The Seattle City Council is considering a measure to hand over drivers’ personal contact information to union officials so drivers can be forced to pay union dues

Springfield, VA (September 23, 2015) – The National Right to Work Legal Defense Foundation has issued this special legal notice to all Seattle-area independent, for-hire drivers, alerting them to an impending threat to their individual freedom.

Acting at the behest of union officials, the Seattle City Council is targeting independent drivers, such as those who contract with Uber and Lyft, for mandatory unionization and the seizure of compulsory union fees. The Seattle City Council is considering enacting a bill, which can be found here, that:

(1) requires that independent drivers’ personal information, including their home and email addressesand phone numbers, be turned over to union officials;

(2) authorizes exclusive union representation of independent drivers, in which union officials gain legalauthority to speak and contract for all independent drivers who contract with a company, irrespective of whether an individual driver approves or not; and

(3) authorizes union officials to make agreements with companies that “require membership of for-hiredrivers in the [union] . . . as a condition of being hired, contracted with, or partnered with by the driver coordinator to provide for-hire services to the public.”

The legality of Seattle’s imminent attempt to foist compulsory unionization on independent drivers is highly suspect and may be susceptible to legal challenge.

If you are an independent driver in the Seattle area who values your independence, and oppose being forced to submit to mandatory union representation and forced union dues, you can contact the National Right to Work Legal Defense Foundation for information about your rights and legal options.

Since 1968, the Foundation has worked in the courts to expand and protect the rights of individuals to choose to refrain from union representation and membership. It is the nation’s premier organization exclusively dedicated to providing free legal assistance to individual victims of forced unionism.

If you are an independent driver who wants to learn more about your legal rights and options, contact a Foundation staff attorney toll free at 1-800-336-3600, or via email to legal@nrtw.org, or by clicking here.

“Big Labor union bosses and their Seattle political allies are desperate to force more workers into the depleted ranks of forced unionism,” said Mark Mix, President of the National Right to Work Foundation. “It is outrageous that for-hire drivers could soon be forced to forfeit a portion of their earnings to a union to continue to work with companies like Uber and Lyft. The National Right to Work Foundation will proudly offer free legal aid to drivers opposed to this violation of their rights.”

Foundation’s West Virginia Right to Work Task Force offers free legal aid to West Virginia employees seeking to exercise Right to Work protections

Springfield, VA (March 10, 2016) – The National Right to Work Legal Defense Foundation has created a special legal task force to defend and enforce West Virginia’s newly-passed Right to Work law. Today, staff attorneys issued a special notice to all West Virginia workers detailing the new workplace rights workers will enjoy once the Right to Work law takes effect. The notice explains how workers may request free legal advice and aid from Foundation staff attorneys.

In February, West Virginia legislators overrode Gov. Tomblin’s veto of Right to Work legislation, thereby making West Virginia the nation’s newest Right to Work state. Under the law – which applies to monopoly bargaining contracts entered into, modified, renewed or extended after July 1, 2016 – workers will no longer be required to pay union dues or fees as a condition of employment once any union monopoly bargaining agreement in effect on or before June 30, 2016, is modified, renewed or extended.

Unfortunately, union officials often try to stymie independent-minded workers who seek to exercise their rights under Right to Work laws. Workers seeking to exercise their Right to Work protections frequently encounter intimidation and harassment. Any West Virginia worker who has questions about his or her rights or encounters any resistance or abuse while trying to exercise his or her workplace rights, is encouraged to contact Foundation staff attorneys for free legal aid.

Workers may view the special legal notice here to learn how to contact the Foundation for assistance. Affected employees may also call the Foundation’s legal hotline toll-free at 1-800-336-3600 or contact the Foundation online at www.nrtw.org to request free legal assistance or to learn more about their new rights.

“Right to Work laws prevent the injustice workers suffer from compulsory unionism,” said Mark Mix, president of the National Right to Work Foundation. “But Right to Work laws are only effective if they are vigorously enforced, and we know that union bosses will devise schemes to keep workers in their forced-dues grasp. The National Right to Work Foundation will fight to make sure that every West Virginian’s Right to Work is protected, because no worker should ever be forced to pay union dues or fees just to get or keep a job.”

Springfield, VA (November 3, 2016) –The National Right to Work Legal Defense Foundation issued a special legal notice to the nearly 5,000 bus, subway, and trolley operators of the Southeastern Pennsylvania Transportation Authority (SEPTA) workers who, according to reports, have been ordered by Transportation Workers Union (TWU) union bosses to strike beginning November 1.

Mark Mix, President of the NRTW Foundation, issued the following statement:

“All too often union bosses initiate strikes to further their own power even if striking is not in the best interest of rank-and-file workers, or of the public at large. Affected workers need to know that federal labor law is clear: any worker has the right to remain on the job during a strike if the business remains open. Further, all workers have the right to resign from union membership and avoid internal union discipline for breaking ranks with their union bosses.

To protect their rights and prevent union officials from retaliating against them in the form of internal union discipline, workers must follow certain procedures. To help workers understand their workplace rights in a strike situation, the Foundation has posted a special notice for SEPTA employees who have been ordered to strike.

Although workers have the right to continue working or return to work despite the union official-ordered strike, it is important that any worker who wishes to work during a strike resign his or her union membership before returning to work to avoid internal union discipline, including fines that have been as high as $50,000.

It is very important that affected workers understand their rights, and that they may turn to the Foundation for free legal aid if they encounter union boss resistance when trying to exercise those rights.”

Also, workers who see or encounter violence on the picket lines should contact and report such incidents to the Foundation. Workers may contact the Foundation through its website www.NRTW.org or by calling the Foundation’s toll-free hotline: 1-800-336-3600. The Foundation’s special legal notice for SEPTA workers may be found here.