PHL Guava & Java Employees Overcome ‘Widespread Union Intimidation Campaign,’ Vote Out UNITE HERE Union
Guava & Java workers in the Philadelphia Airport vote overwhelmingly to remove union despite reported intimidation campaign by union agents
Philadelphia, PA (May 22, 2023) – Workers at the Guava & Java store in the Philadelphia Airport have voted to remove the UNITE HERE Local 274 union by an overwhelming majority. The vote follows a petition submitted by Guava & Java employee Shaneisha Brown with the National Labor Relations Board (NLRB). Brown is receiving free legal aid from the National Right to Work Legal Defense Foundation.
Brown filed the petition with the NLRB on March 30, 2023, with a significant number of her coworkers’ support. After the petition was filed and verified, the NLRB scheduled the election to be held on May 11.
With an overwhelming majority of 32-9, the workers at Guava & Java voted to remove UNITE HERE Local 274 from their workplace. In doing so, they overcame a union campaign that, according to employee reports, included electioneering tactics that violated longstanding NLRB rules. The union filed no objections to the result by the May 18 deadline, and the workers are now officially union-free.
The workers at Guava & Java are the latest of many workers to be dissatisfied with union coercion. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort than their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“We are extremely pleased to assist the Guava & Java workers in exercising their rights to remove an unwanted union from their workplace,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “We are appalled, however, by the reports of heavy-handed union tactics on election day. The Foundation will continue to assist workers who wish to decertify unwanted unions, no matter what prohibited conduct union officials may attempt to engage in while trying to dissuade employees from voting out a union they oppose. We encourage all employees at the Philadelphia International Airport who have questions about decertification elections to contact the Foundation.”
Grand Rapids TerryBerry Workers Vote to Remove Unwanted Machinists Union from Workplace
Once final, vote to boot IAM union officials strips union of ability to impose forced dues in wake of Right to Work repeal legislation
Grand Rapids, MI (May 16, 2023) – Workers at the TerryBerry Company in Michigan recently voted to remove International Association of Machinist of Aerospace Engineers (IAM) District Lodge 60/Local Lodge 475 union officials’ forced representation powers. A petition filed by Mary Soltysiak with the National Labor Relations Board Region 7 (NLRB) led to this successful vote. Soltysiak received free legal aid from the National Right to Work Legal Defense Foundation.
Mary Soltysiak and her coworkers at TerryBerry Company filed for a decertification vote on April 14, 2023, with free legal aid from National Right to Work Legal Defense Foundation staff attorneys. Her decertification petition contained signatures of a majority of the employees in the unit. Soltysiak has been under the protections of the Michigan Right to Work law since 2018.
Under federal labor law, workers can trigger such a decertification vote with the support of 30% of workers in a unionized workplace. The NLRB should then promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on workers. The NLRB scheduled a vote for May 15, 2023.
On May 15, TerryBerry employees made their position on the union clear, voting to remove the union from their workplace. Barring any objections by union officials that seek to overturn the vote, the workers will be officially free of the union in one week.
The workers’ decertification petition comes in the wake of Michigan legislators ramming through a bill to repeal their state’s decade-old and highly popular Right to Work law. When the repeal law takes effect, union officials will once again have the power to force workers to pay up or be fired in workplaces where the union has forced “representation” powers. Luckily for Soltysiak and her coworkers, however, due to the successful decertification vote they will continue to be free of union coercion.
The TerryBerry decertification is one example of growing distrust in unionization, especially in Michigan. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“As Michigan workers again face the prospect of mandatory union dues, we expect more will follow these TerryBerry workers and seek to decertify unions,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “Numerous polls showed that Michigan voters overwhelmingly supported Michigan’s Right to Work law, which doesn’t prevent a single person from voluntarily joining or paying dues to a union, but merely protects workers from being fired for non-payment.”
“Being forced under a union you oppose is bad enough, but then being told to pay up or be fired is even worse,” continued Mix. “Michigan workers can turn to the National Right to Work Foundation staff attorneys who stand ready to assist them in exercising their right to decertify unwanted unions.”
Starbucks Roastery Workers Move to Oust Union after One Year
NYC Starbucks employees file petition to decertify SEIU union affiliate after just one year under the union’s compulsory ‘representation’
New York, NY (May 10, 2023) – A Starbucks Roastery worker in Chelsea, Manhattan recently filed a petition for a vote on whether to remove NY-NJ Regional Joint Board, Workers United, an affiliate of Service Employees International Union (SEIU). The petition, submitted with the National Labor Relations Board (NLRB), was filed by Kevin Caesar. Caesar is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
On May 9, 2023, Starbucks employee Caesar filed the decertification petition to obtain a vote on whether to remove the union, often called Starbucks Workers United (SBWU) from their workplace. After being unionized for just over one year, the workers have had enough of the union and believe they would be better off without it. Under the National Labor Relations Act, which the NLRB is charged with enforcing, workers must wait one year after a unionization vote before they can seek another vote, such as the decertification election Caesar and his coworkers have demanded.
With the petition filed, the NLRB should now promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on the workers. If a majority vote against the union, the workers will join the vast majority of Starbucks workers across the country who are free from union boss-control.
The Starbucks workers are just the latest example of growing dissatisfaction with union officials’ “representation.” Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
Unfortunately, the NLRB’s union decertification process is prone to union boss-created roadblocks, which can impact the Starbucks workers if union officials plot to stay in power regardless of workers’ wishes. Foundation-backed NLRB reforms from 2020 have made it somewhat easier for workers to escape unwanted union “representation,” such as the “Election Protection Rule” that prevents union bosses from filing trumped-up “blocking charges” to delay or stop decertification elections entirely.
Prior to these Foundation-backed reforms, workers often had their decertification votes delayed by unproven union blocking charges, giving union bosses the power to trap workers in union ranks they oppose nearly indefinitely. Under the Foundation-backed reforms, most votes take place promptly, with union blocking claims adjudicated after the votes have been counted. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder for workers to decertify a union.
“No worker anywhere should be forced under so-called union ‘representation’ they oppose,” commented National Right to Work Foundation President Mark Mix. “Starbucks workers around the nation that also fall victim to union tyranny should know they can turn to Foundation staff attorneys for assistance.”
“While we are happy that the Starbucks workers are able to take their first steps in exercising their rights oust an unwanted union, we call on SBWU union officials not to attempt to block or otherwise interfere with the rank-and-file workers’ right to hold this vote,” continued Mix. “Union bosses should not be allowed to keep their grip on power simply by disenfranchising those they claim to ‘represent.’”
Alaskan Factory Workers Overwhelmingly Vote to Remove Unwanted Union Monopoly ‘Representation’
Spenard Building Supply employees vote 17-6 to oust Pacific Northwest Regional Counsel of Carpenters union officials
Chugiak, AK (May 4, 2023) – Workers at the Spenard Building Supply factory recently voted to remove the Pacific Northwest Regional Counsel of Carpenters union by an overwhelming majority. A petition filed by Scot Breuer with the National Labor Relations Board Region 19 (NLRB) led to this successful vote. Breuer received free legal aid from the National Right to Work Legal Defense Foundation.
Scot Breuer filed a decertification petition with the NLRB on March 31, 2023, which was supported by a significant number of his coworkers. Under federal labor law, workers can trigger a decertification vote with the support of 30% or more of workers in a unionized workplace. The NLRB should then promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on workers. On April 12, 2023, the NLRB issued an election notice to all parties involved that stipulated an election date for May 2.
During the election on May 2, Spenard Building Supply employees made their position on the union clear when over two-thirds of the workers voted to remove the union from their workplace, with the official tally of 17-6. Barring any objections by union officials that seek to overturn the vote, the workers will be officially free of the union in one week.
The Spenard Building Supply election is just one example of workers looking to leave union control. Currently, the NLRB’s own data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
Unfortunately, the NLRB’s union decertification process is prone to union boss-created roadblocks. Foundation-backed NLRB reforms from 2020 have made it somewhat easier for workers to remove unwanted union officials, such as the “Election Protection Rule” that prevents union bosses from filing trumped-up “blocking charges” meant to delay or stop decertification elections entirely.
Prior to these Foundation-backed reforms, workers often had their decertification votes delayed by unproven union blocking charges, giving union bosses the power to trap workers in union ranks they oppose nearly indefinitely. Under the Foundation-backed reforms most votes take place promptly, with union blocking claims adjudicated later, after the votes have been counted. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder for workers to decertify a union.
“We are extremely pleased to help these Alaskan workers exercise their right to remove a union they want nothing to do with. With over two-thirds of the votes being cast in favor of removing the union, this case is a clear example as to workers’ growing dissatisfaction with compulsory unionism,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “Unfortunately, as the NLRB moves to roll back reforms that gave workers at Spenard a speedy victory, workers will again find it increasingly difficult to exercise their rights and decertify unwanted unions even when opposition to the union’s so-called ‘representation’ is overwhelming.”
Oakland County Employee Slams Union with Federal Charges Over Illegal Seizure of Dues
As Right to Work repeal looms, Milford, Michigan, Kroger employee challenges UFCW union membership form designed to coerce dues deductions
Milford, MI (May 3, 2023) – Michigan Kroger employee Roger Cornett recently filed a federal unfair labor practice charge with the National Labor Relations Board (NLRB) against United Food and Commercial Workers (UFCW) Local 876. Cornett is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
On April 26, Kroger employee Roger Cornett charged UFCW union officials with illegally seizing union dues from his paycheck. According to his charge, Cornett was presented with a “union membership application” form to complete during an employee orientation.
The form indicated that signing it would authorize both union membership and dues deductions. Cornett’s charge says the form violates federal labor law because of its “dual purpose” nature, as the law requires any authorization for union dues deductions to be voluntary and separate from a union membership application.
Cornett attempted to resign his union membership and revoke his dues deduction authorization around March 8. He successfully resigned his membership, but the union refused to stop deducting dues from Cornett’s paycheck, alleging that Cornett could only exercise his right to stop dues deductions within a tiny “window period” enforced by union officials.
Cornett’s charge comes as Michigan legislators have decided to repeal Michigan’s popular Right to Work law, which prohibits union officials from forcing workers to join or pay dues to a union to get or keep a job. Once the repeal becomes effective, Michigan union officials will again be able to get workers fired for refusal to pay union fees.
The Foundation published a legal notice to Michigan workers, stating “after the repeal statute takes effect, it will be legal under Michigan law for private-sector employers and unions to enter into agreements that compel workers to pay fees to unions as a condition of employment.” The notice also informs Michigan Workers of their legal options after the repeal of Right to Work.
“Union boss pressures will only increase as the repeal of Right to Work nears. Foundation staff attorneys will continue to assist Mr. Cornett in navigating his case,” states Mark Mix, President of the National Right to Work Legal Defense Foundation. “In less than a year, Michigan union bosses will once again have the power to demand workers be terminated merely for refusing to support the union’s agenda with their hard-earned money.”
“The Michigan legislature and Governor Whitmer, both of whom genuflect to union boss lobbyists, made a huge mistake in repealing the Right to Work law previously protecting individual workers. Numerous polls have shown Michiganders’ overwhelming support for the Right to Work law, and yet the Michigan Legislature chose to ignore the will of the people and the rights of workers,” continued Mix. “However, even as the demise of the Right to Work law in Michigan looms, Michigan workers can still reach out to National Right to Work Foundation staff attorneys to learn what rights they have to oppose union coercion, and to request help in exercising those rights.”
Following Teachers’ Petition, Gompers Prep Charter School Employees Set to Vote on Removing Union from School
Vote to remove SDEA union scheduled to begin May 10. In previous attempt to remove union, union officials were able to delay vote for nearly two years
San Diego, CA (April 28, 2023) – California Public Employment Relations Board (PERB) has recently issued an election notice to the employees of Gompers Preparatory Academy, a public charter school in San Diego. Just over two months after employees there submitted a petition, they will be able to cast their vote on whether to remove San Diego Education Association (SDEA) union bosses’ so-called “representation.”
This election notice comes after computer teacher Sean Bentz submitted a decertification petition to PERB in March containing signatures of a majority of the teachers under the SDEA union’s control. Bentz filed the new decertification petition renewing the fight to oust the union at the earliest time permitted by California labor regulations, which immunize union officials from employee-led decertification efforts for almost the entire duration of a union contract. Bentz is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
According to the election notice promulgated by PERB, the voting period begins on May 10, 2023, and ends on June 6, 2023. The votes are to be counted on June 7, 2023. Due to current guidelines imposed by PERB, the election will be by mail ballot.
The announcement of this vote is a victory for Gompers Preparatory employees who previously had to wait nearly two years for a vote following an earlier petition. In that instance, Gompers chemistry teacher Dr. Kristie Chiscano submitted a decertification petition in October 2019 with free legal aid from the Foundation. However, despite this petition having the backing of the requisite number of teachers for a vote, SDEA union bosses worked to subvert the election by filing so-called “blocking charges,” containing allegations of employer misconduct.
Despite their never holding a hearing into whether SDEA union bosses’ claims had any merit, PERB officials delayed the decertification vote nearly two years, giving union officials time to undermine support for removing the union. Union attacks against prominent supporters of the decertification petition also resulted in charges against the union at the PERB for illegal intimidation.
Gompers made an impressive transition to being a union-free charter school in 2005 after years of being plagued by unresponsive union bureaucracies, violence, and poor academic achievement. However, the union was imposed again in January 2019 via “card check,” an abuse-prone process that bypasses the traditional secret-ballot vote system. Many teachers and parents have long viewed the reinstallation of union power at the school with suspicion. Many accused SDEA agents of actively sowing division at the school, including by supporting anti-charter school legislation and needlessly disparaging the school’s leadership.
“We are pleased that the teachers of Gompers Preparatory Academy are set to get a prompt vote on whether to remove SDEA union officials from their workplace. We hope union officials will not again resort to underhanded tactics to subvert the voices of teachers who wish to end the union’s so-called ‘representation,’” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “The history of the Gompers school is one of throwing off the chains of a union monopoly and then thriving as a result, and we’re proud to stand with these teachers who are seeking to exercise their right to do that now.”
With Right to Work Repeal Coming, Michigan Workers Seek a Vote to End Union ‘Representation’ They Oppose
Majority of TerryBerry employees in Grand Rapids signed decertification petition seeking to oust machinist union
Grand Rapids, MI (April 25, 2023) – TerryBerry Company employee Mary Soltysiak filed a petition for dozens of her coworkers with the National Labor Relations Board Region 7 (NLRB) seeking a vote to remove the International Association of Machinist of Aerospace Engineers (IAM) District Lodge 60/Local Lodge 475 union officials’ forced representation powers.
This workers’ decertification petition comes in the wake of Michigan legislators ramming through a bill to repeal their state’s decade-old and highly popular Right to Work law. When the repeal law takes effect, union officials will once again have the power to force workers to pay up or be fired in workplaces where the union has forced “representation” powers.
Mary Soltysiak and her coworkers at TerryBerry Company filed for a decertification vote on April 14, 2023, with free legal aid from National Right to Work Legal Defense Foundation staff attorneys. Previously, she had been under the protections of the Michigan Right to Work law since 2018. Her decertification petition contained signatures of a majority of the employees in the unit.
Under federal labor law, workers can trigger such a decertification vote with the support of 30% of workers in a unionized workplace. The NLRB should then promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on workers.
National Right to Work Foundation-backed reforms the NLRB adopted in 2020 made it somewhat easier for workers to exercise their right to hold votes to remove unwanted union officials. However, the Biden-appointed NLRB is currently engaging in rulemaking to roll back these protections and make it much harder to decertify a union.
Even under the 2020 “Election Protection Rule” overcoming union tactics to block such votes can often be difficult, which is why workers are encouraged to contact the Foundation for free legal representation in navigating the process. Worker interest in removing unwanted unions is growing nationwide, especially in Michigan. The National Right to Work Legal Defense Foundation staff attorneys field numerous requests for free legal assistance in decertification cases, like the one brought by Soltysiak and her coworkers.
The NLRB’s own data shows that, currently, a unionized private sector worker is far more likely to be involved in a decertification effort as a nonunion worker is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“Poll after poll showed that Michigan voters overwhelmingly supported Michigan’s Right to Work law, which doesn’t prevent a single person from voluntarily joining or paying dues to a union, but merely protects workers from being fired for non-payment,” observed Mark Mix, President of the National Right to Work Legal Defense Foundation. “Instead of listening to voters and trusting workers to decide whether or not to subsidize union activities, anti-Right to Work legislators and Governor Whitmer decided to cater to politically-connected union bosses and gave them the power to extort workers to pay up or be fired.”
“As Michigan workers again face the prospect of mandatory union dues, we expect more will follow these TerryBerry workers and seek an end to union officials’ so-called ‘representation’ in their workplaces,” continued Mix. “Being forced under a union you oppose is bad enough, but then being told to pay up or be fired is even worse. Michigan workers should know that National Right to Work Foundation staff attorneys stand ready to assist them in exercising their right to decertify unwanted unions.”
Philadelphia Public Defender Hits UAW Union with Charge for Illegally Threatening Wage Cut
Union official threatened Public Defenders who refused to authorize union to automatically deduct dues from their paychecks
Philadelphia, PA (April 24, 2023) – Philadelphia Public Defender Brunilda Vargas has filed a federal unfair labor practice charge against the United Autoworkers (UAW) Local 5502 union. The charge states that a union official threatened to reduce her wages and those of her coworkers if they refused to grant the union the power to deduct union dues directly from their paychecks. Vargas is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
On April 18, 2023, Vargas filed the charge with the National Labor Relations Board Region 4 (NLRB) for the threats made against her and her colleagues at the Defender Association of Philadelphia. These threats came from a UAW union official against public defenders who chose not to sign automatic dues deduction authorization forms.
Because private sector workers in Pennsylvania lack the protection of a state Right to Work law, some union fees can be required as a condition of employment. However, employees can never be required to authorize automatic dues deductions from their paychecks under long-established federal law.
Had Vargas lived in a Right to Work state, not only would she have the right to refrain from automatic dues deductions from her paycheck, but also, she could refrain from financially supporting the union altogether. In Right to Work states, workers are fully-protected from mandatory union membership and financial support, both of which must be completely voluntary.
“It is appalling that a UAW Local 5502 union official would threaten public defenders’ wages for refusing to authorize deductions straight from their paychecks,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “If anything, UAW officials’ blatant disregard for longstanding federal law demonstrates why these public defenders are right to not want union officials pulling union dues directly out of their paychecks.”
“This case shows why Pennsylvania workers need the protection of a Right to Work law, so every worker can decide for themselves whether or not the union that supposedly represents them deserves their financial support,” added Mix.
National Right to Work Foundation Issues Special Legal Notice to Rutgers Professors Impacted by Union Officials’ Strike Order
Rutgers employees can legally attend work regardless of union boss demands to strike
New Brunswick, NJ (April 13, 2023) – Today, the National Right to Work Legal Defense Foundation has issued a special legal notice to professors and other employees of Rutgers University. The notice was issued to inform Rutgers employees of their individual rights during the union official-ordered strike currently taking place.
The legal notice is available at the Foundation’s website: https://www.nrtw.org/legal-notice/legal-notice-rutgers04122023/.
On the morning of Monday, April 10, union officials from three Rutgers unions ordered a strike against the university. The officials were from the Rutgers Adjunct Faculty Union (RAFU); Rutgers American Association of University Professors, American Federation of Teachers (AAUP-AFT); and Rutgers American Association of University Professors, Biomedical and Health Sciences of New Jersey (AAUP-BHSNJ).
The legal notice explains that, despite the lack of Right to Work protections in the state of New Jersey, non-union public sector workers still have rights under the First Amendment to abstain from union financial support. These rights are bolstered by the 2018 Foundation-won Janus v. AFSCME Supreme Court ruling.
“The United States Supreme Court has held that nonmembers of a public-sector union have a First Amendment right not to pay any union fees or dues, unless they have freely waived their First Amendment rights,” the notice reads. “A union has the burden of proving employees waived their First Amendment rights by ‘clear and compelling’ evidence.”
In regards to union members, the Foundation’s notice informs workers that they maintain the right to resign from union membership at any time. The notice also suggests, if employees wish to continue working during the strike and avoid union discipline such as fines, that current union members resign their union membership at least one full day before returning to work.
“It is Foundation attorneys’ best legal opinion that public sector employees have the right to resign their membership in a union at any time. At least two federal district courts have reached that conclusion,” mentions the notice. “If you are now a union member and want to work during the strike, you should seriously consider resigning your union membership at least one day, if not more, BEFORE you return to work during the strike.”
“By initiating a strike that affects thousands of Rutgers employees, these union bosses are not only threatening the education of students, but are also potentially upending the livelihoods of countless families,” commented National Right to Work Legal Defense Foundation President Mark Mix. “Rutgers professors should know that they have the right to reject union boss strike orders and can continue working.”
“Unfortunately union misinformation and intimidation tactics are all too common during union boss-ordered strikes, which is why rank-and-file Rutgers employees must be on alert and should immediately contact the Foundation for free legal aid if they believe union officials may be violating their legal rights,” added Mix.
Special Legal Notice for Employees Affected by Rutgers Strike Order
Media reports show that union officials with three unions – Rutgers Adjunct Faculty Union (RAFU); Rutgers American Association of University Professors, American Federation of Teachers (AAUP-AFT); and Rutgers American Association of University Professors, Biomedical and Health Sciences of New Jersey (AAUP-BHSNJ) – have initiated a strike this week at Rutgers University.
This situation raises serious concerns for professors and other university employees who believe they have much to lose from a union boss-ordered strike and want to continue working to not abandon their students, and to support themselves and their families.
All employees have the legal right to rebuff union officials’ strike demands, but it is important for them to be informed before they do so.
IF YOU WOULD LIKE TO WORK DURING A STRIKE, READ ALL OF THIS SPECIAL NOTICE BEFORE RETURNING TO WORK – IT MIGHT SAVE YOU THOUSANDS OF DOLLARS!
The Foundation wants you to learn about your legal rights from independent sources. You should not rely on what self-interested union officials tell you. For more than five decades, Foundation attorneys have worked in the courts and labor agencies to protect and expand the rights of individual employees in situations such as strikes. It is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee victims of forced unionism abuse.
Rutgers Employees under AAUP-AFT, AAUP-BHSNJ, or RAFU monopoly representation should know they have the following rights:
1) A union has no disciplinary power over nonmembers and cannot discipline them for crossing a picket line and working during a strike. If you are currently not a member of an AAUP-AFT, AAUP-BHSNJ, RAFU, or any affiliated union, you have the right to go to work even when the union bosses have ordered a strike.
2) If you are currently a union member, you have the right to resign your union membership. Union officials can (and often do) levy large fines against union members who work during a strike. If you are now a union member and want to work during the strike, you should seriously consider resigning your union membership at least one day, if not more, BEFORE you return to work during the strike. That is the only way to avoid possible ruinous union fines and other discipline. To have the best legal defense possible against fines the union may try to impose anyway, you should give the union notice of your resignation a day or two BEFORE you cross the picket line so that when you return to work during the strike you are not a member of the union.
The decisions whether to resign your union membership and/or cross the picket line are wholly yours. The Foundation is simply providing this information so that your decisions are informed. If you are a member and decide to resign your union membership, please follow this link, https://myjanusrights.org/, for a sample letter resigning your membership in the union and revoking any authorization for the union and employer to collect any fees or dues from your pay. While you have the right to revoke any dues authorization at any time, state law may affect the date the revocation becomes effective. If you encounter any difficulties in exercising your right to resign union membership and revoke union dues deductions, you can contact the Foundation to request free legal aid at www.nrtw.org/free-legal-aid/.
NOTE: Although not legally required, the best practice to send your union resignation and dues revocation letters to the union and employer by certified mail, return receipt requested, and save copies of your letters and return receipts to prove delivery. If you hand deliver a letter, make sure that you have a reliable witness to the date and means of delivery. In our experience, angry and dishonest union officials often pretend they did not actually receive resignations and initiate discipline against non-striking workers anyway. If you encounter any difficulties in exercising your right to work during a strike, you can contact the Foundation to request free legal aid at www.nrtw.org/free-legal-aid/.
3) It is Foundation attorneys’ best legal opinion that public sector employees have the right to resign their membership in a union at any time. At least two federal district courts have reached that conclusion. See McCahon v. Pa. Turnpike Comm’n, 491 F. Supp. 2d 522 (M.D. Pa. 2007); Debont v. City of Poway, No. 98CV0502-K, 1998 WL 415844 (S.D. Cal. Apr. 14, 1998). If you encounter any difficulties in resigning your union membership, you can contact the Foundation to request free legal aid at www.nrtw.org/free-legal-aid/.
4) The United States Supreme Court has held that nonmembers of a public-sector union have a First Amendment right not to pay any union fees or dues, unless they have freely waived their First Amendment rights. See Janus v. AFSCME, Council 31, 138 S. Ct. 2448, 2486 (2018). A union has the burden of proving employees waived their First Amendment rights by “clear and compelling” evidence. Some unions have claimed that employees who authorized their employer to deduct union dues and fees in the past have waived their First Amendment rights. Whether a dues deduction authorization is an effective waiver depends on when it was signed and how it was worded. New Jersey law may also affect the date the dues deduction revocation becomes effective. You can contact the Foundation to request free legal aid at www.nrtw.org/free-legal-aid/ if you encounter any difficulties in getting the union and employer to stop collecting union fees or dues from you.
5) If you wish to eject an unwanted union hierarchy from your workplace, you may have the right to petition for a secret ballot decertification election to do so. More information about New Jersey laws on decertification is available here: https://www.state.nj.us/perc/documents/NJ_PERC_Representation_Petition_Form.pdf. If you have questions about how to proceed with decertification, need assistance getting through the NJ PERB process, or encounter legal difficulties interfering with your efforts, you can contact the Foundation to request free legal aid at www.nrtw.org/free-legal-aid/.
