29 Feb 2012

Worker Wins NLRB Settlement after Enduring Harassment by Union Officials

Posted in News Releases

Bloomsburg, PA (February 29, 2012) – With the help of National Right to Work Legal Defense Foundation staff attorneys, a local Del Monte Foods employee has reached a settlement with United Food and Commercial Workers (UFCW) Local 38 after a union official repeatedly harassed him on the job.

Ronald Brobst, a veteran Del Monte employee, is not a member of UFCW Local 38 and had previously opted out of paying for certain UFCW activities, such as union political activism. Because Pennsylvania lacks a Right to Work law, nonunion employees like Brobst can be forced to pay up to 100% of union dues as a condition of employment. However, the Foundation-won Supreme Court decision Communication Workers v. Beck guarantees that nonunion employees have the right to opt out of dues used for activities, like politics, unrelated to workplace bargaining.

Brobst was repeatedly harassed at work for exercising his constitutional rights to refrain from union membership and the payment of full union dues. In March 2011, a union shop steward reported that Brobst had not cleaned up debris at his work station to his supervisor. In August, the same shop steward falsely indicated that Brobst had not followed proper lockout procedures on a conveyor belt he had been working on.

With the help of Right to Work attorneys, Brobst responded by filing federal unfair labor practice charges with the National Labor Relations Board.

The settlement agreed upon by Brobst and UFCW Local 38 requires union officials to post workplace notices explaining employees’ rights to refrain from union membership and the payment of full union dues. The notice also promises that nonunion employees will not suffer harassment or retaliation.

“Mr. Brobst’s settlement, which will be posted where all his co-workers can see it, makes it clear that a UFCW official violated the law with her campaign of harassment,” said Mark Mix, President of the National Right to Work Foundation. “Once again, union officials have shown they are willing to cajole and intimidate independent employees to get them to toe the union line.”

“These ugly tactics could be eliminated if Pennsylvania had a Right to Work law on its books that protected employees’ rights to choose to join and pay dues or fees to a union,” concluded Mix.

1 Mar 2012

Worker Rights Advocate Announces Addition of Former NLRB Member to Legal Staff

Posted in News Releases

Springfield, VA (March 1, 2012) – Today, the National Right to Work Foundation announced the addition of John Raudabaugh, a former National Labor Relations Board (NLRB) Member and labor and employee relations attorney.

Raudabaugh was nominated to the NLRB by President George H. W. Bush, serving from 1990 to 1993. He has testified before the Senate Committee on Appropriations and the House Committee on Education and the Workforce regarding labor law reform and card-check unionization drives.

Raudabaugh also has extensive private sector legal experience, most recently at the Washington, D.C. office of the Nixon Peabody LLP law firm. He has served as an adjunct professor of labor law at Northwestern University, University of Chicago, and Emory University Law Schools.

Raudabaugh will split time between the Foundation’s Springfield offices and Ave Maria Law School, where he will hold the Reed Larson Professorship of Labor Law. The Professorship was jointly established by the Foundation and Ave Maria to offer courses on workplace litigation and employee freedom.

“John Raudabaugh brings a wealth of experience and a passion for protecting employee rights to our legal aid program,” said Mark Mix, President of the National Right to Work Foundation. “He’ll also be training a new generation of attorneys at Ave Maria to stand up for freedom in the workplace.”

In addition to his academic duties, Raudabaugh will help Foundation staff attorneys craft legal strategies to protect and expand employee rights. He will also author “NLRB Watch,” a new regular feature on the Foundation’s website aimed at monitoring the Board’s impact on employee freedom in the workplace.

“With John’s help, our experienced legal team will continue to expand the Foundation’s efforts to help employees whose rights have been abused by compulsory unionism,” continued Mix.

2 Mar 2012

Federal Court Rubberstamps Obama NLRB Rule to Push More Workers into Union Ranks

Posted in News Releases

Washington, DC (March 2, 2012) – Today, a federal judge upheld the National Labor Relations Board’s (NLRB) power to enforce its controversial new rule requiring virtually every employer in the country to post biased information about employee rights online and in the workplace, even if they’ve never committed a violation or been accused of unfair labor practices.

The judge ruled that, if an employer fails to post the notice, it can be found to have committed an unfair labor practice and that fact can be used as evidence of "anti-union animus" in other cases in which an employer is accused of violating federal labor law.

The National Right to Work Legal Defense Foundation in conjunction with the National Federation of Independent Business (NFIB) filed the lawsuit challenging the notice posting rules with the United States District Court for the District of Columbia.

Patrick Semmens, Legal Information Director of the National Right to Work Foundation, had the following statement in the wake of the judge’s ruling:

"It is unfortunate that the court rubberstamped the Obama NLRB’s rule, giving union bosses another tool to push workers into forced union dues ranks, and threatening employers if they don’t display biased pro-compulsory unionism propaganda on their property.

The judge’s ruling effectively requires every job provider in America, from Mom and Pop shops and small businesses to larger companies, even some religiously-affiliated organizations, to post biased notices about workers’ rights, leaving the distorted NLRB requirement in place.

"In the past, employers were required to post notices of workers’ rights only if they violated labor laws. However, the judge’s decision turns that precedent on its head and almost guarantees that any job provider who fails to post a notice will face legal consequences.

"National Right to Work Foundation plans to appeal the court’s decision."

National Right to Work Foundation attorneys argue that the NLRB has exceeded its authority granted by Congress and violated free speech guarantees of the First Amendment.

2 Mar 2012

News Release: Workers File Brief Opposing Union Boss Challenge to Indiana Right to Work Law

Posted in News Releases

News Release

Workers File Brief Opposing Union Boss Challenge to Indiana Right to Work Law

National Right to Work Legal Defense Foundation staff attorneys provide free legal aid to workers defending law that ends union boss forced dues powers

Hammond, IN (March 2, 2012) – In response to union bosses’ federal lawsuit against Indiana’s popular Right to Work law, a group of Indiana workers from across the state are filing an amicus brief in support of their newly-enacted Right to Work freedoms.

With free legal assistance from the National Right to Work Foundation, the four workers – David Bercot, a certified wastewater operator for ITR Concession Company which services Indiana toll road rest stops in the Fort Wayne-area; Joel Tibbetts, a Minteq International assistant manager in Valparaiso; Douglas Richards, an employee with Goshen-based Cequent Towing Products; and Larry Getts, a Dana Holding Corporation tube press technician in Albion – all joined in the brief defending the law.

Union officials publicly floated the idea of challenging Indiana’s Right to Work law before it was enacted. International Union of Operating Engineers (IUOE) Local 150 headquartered in suburban Chicago, Illinois filed a federal lawsuit late last month challenging the law and requesting an injunction against its implementation.

Both Bercot’s and Tibbetts’s workplaces are unionized by the IUOE Local 150 union hierarchy. Both workers have refrained from union membership but are still forced to accept IUOE Local 150 union officials’ so-called "representation" and were required to pay dues to the union as a condition of employment before Indiana’s Right to Work law was enacted.

Read the entire press release here.

6 Mar 2012

News Release: Public Employee Union Faces Federal Lawsuit for Illegal Forced Dues Scheme

Posted in News Releases

News Release

Public Employee Union Faces Federal Lawsuit for Illegal Forced Dues Scheme

Right to Work Foundation attorneys challenge union hierarchy for violating employee’s constitutional rights

San Francisco, CA (March 6, 2012) – An Alameda County East Bay Municipal Utility District (EBMUD) employee has filed a federal lawsuit against a local union and the public agency for violating his rights.

James C. Hankins filed the lawsuit in the U.S. District Court for the Northern District of California in San Francisco with free legal assistance from the National Right to Work Foundation.

Hankins resigned formal union membership from the American Federation of State, County, and Municipal Employees (AFSCME) Local 444 more than ten years ago.

However, in April 2011, AFSCME Local 444 and EBMUD officials began to deduct full union dues from Hawkins’s paycheck as if he was a full union member.

Read the entire press release here.

8 Mar 2012

News Release: Alaska State Troopers Seek to Handcuff Government Union Forced-Dues Scheme

Posted in News Releases

News Release

Alaska State Troopers Seek to Handcuff Government Union Forced-Dues Scheme

Right to Work Foundation attorneys challenge union hierarchy for violating employees’ constitutional rights

Anchorage, AK (March 8, 2012) – Two Alaska State Troopers have filed a federal lawsuit against a local union and the Department of Public Safety for violating their rights. Patrick Johnson and Robin Benning filed the lawsuit in the U.S. District Court for the District of Alaska in Anchorage with free legal assistance from the National Right to Work Foundation.

Both Johnson and Benning resigned from formal union membership in the Public Safety Employees Association (PSEA) union, an affiliate of the American Federation of State, County, and Municipal Employees Local 803, in August 2011, and invoked their right to refrain from paying full union dues.

Read the entire release here.

8 Mar 2012

News Release: SEIU Hit with Federal Charge for Sweeping Hospital Housekeeper’s Rights Under the Rug

Posted in News Releases

News Release

SEIU Hit with Federal Charge for Sweeping Hospital Housekeeper’s Rights Under the Rug

Union officials ignore member’s repeated requests to resign

Kissimmee, FL (March 8, 2012) – An Osceola Regional Medical Center housekeeper has filed federal charges against a major healthcare union for repeatedly violating federal law by refusing to allow her to exercise her right to refrain from dues-paying union membership under Florida’s popular Right to Work law.

With free legal assistance from the National Right to Work Foundation, Imaculada Camara of St. Cloud filed the charges with the National Labor Relations Board (NLRB).

On December 8, 2011, Camara sent a letter notifying Service Employees International Union (SEIU) Healthcare Workers East officials that she was exercising her right to resign from union membership. Instead of acknowledging her request, SEIU officials rejected her letter because it was not sent via registered mail. On December 28, Camara sent a second letter, which SEIU officials again rejected, this time for not being timely.

In both instances, the SEIU officials’ refusal to allow Camara to exercise her right to refrain from union membership clearly violates federal law because any worker has the right to resign from full-dues-paying union membership at any time and is not required to notify the union she is resigning via certified mail.

Read the entire release here.

9 Mar 2012

News Release: Union Officials Challenging Indiana Right to Work Law Forced to Settle Union Dues Case

Posted in News Releases

News Release

Union Officials Challenging Indiana Right to Work Law Forced to Settle Union Dues Case

Refund of twelve hundred dollars highlights why Indiana needed Right to Work law that ends union boss forced dues powers

Indianapolis, IN (March 9, 2012) – The union headquartered in suburban Chicago, Illinois challenging Indiana’s newly-enacted Right to Work law in federal court has been forced to refund money illegally taken from workers’ paychecks as part of a settlement.

The National Right to Work Foundation provided free legal assistance to Valparaiso-area Minteq International employees Joel Tibbetts and Adam Hill in the prolonged legal battle dating back to 2007.

The Minteq employees’ workplace is unionized by the International Union of Operating Engineers (IUOE) Local 150 union hierarchy. Both workers have refrained from union membership but still must accept IUOE Local 150 union officials’ so-called “representation” and are required to pay dues to the union to keep their jobs, until their current contract expires, after which they will be freed from that requirement by Indiana’s new Right to Work law.

Read the entire release here.

20 Mar 2012

News Release: Employee from Non-Profit Public Defense Firm Defends Her Rights from SEIU Union Hierarchy

Posted in News Releases

News Release

Employee from Non-Profit Public Defense Firm Defends Her Rights from SEIU Union Hierarchy

Seattle-area case highlights need for state Right to Work law

Seattle, WA (March 20, 2012) – An employee at a private, non-profit public defense law firm has filed federal unfair labor practice charges against a Seattle-area union for violating her rights.

With free legal assistance from National Right to Work Foundation attorneys, Society of Counsel Representing Accused Persons employee Stephanie Kalfayan filed the charges Friday with the National Labor Relations Board (NLRB) regional office in Seattle.

Kalfayan resigned from formal union membership in Service Employees International Union (SEIU) Local 925 and invoked her right to refrain from paying full union dues. However, because SEIU Local 925 officials enjoy monopoly bargaining privileges over her workplace, and because Washington does not have state Right to Work protections for its workers, Kalfayan is forced to accept SEIU officials’ “representation” and pay union fees as a condition of employment.

Read the entire release here.

23 Mar 2012

Hospital Union Officials Face Federal Charges for Disclosure Malpractice

Posted in News Releases

News Release

Hospital Union Officials Face Federal Charges for Disclosure Malpractice

Union officials take over a hundred dollars in forced union fees from nurse’s paycheck without proper disclosure

Pleasanton, California (March 23, 2012) – A Kaiser Pleasanton Clinic nurse has filed federal unfair labor practice charges against a local union for violating her rights.

With free legal assistance from the National Right to Work Foundation, Donna Von der Lieth of San Ramon filed the charges with the National Labor Relations Board (NLRB).

Von der Lieth sent a letter to California Nurses Association (CNA) union officials resigning from formal union membership and invoked her right to refrain from paying full union dues in September 2011. However, because CNA union officials enjoy monopoly bargaining privileges over her workplace, and because California does not have state Right to Work protections for its workers, Von der Lieth is forced to accept CNA union officials’ “representation” and pay union fees as a condition of employment.

Read the entire release here.