Right to Work Foundation Brief: 2018 Janus Decision Means Union “Release Time” Violates AZ Constitution’s Gift Clause
Brief supports challenge pending at Arizona Supreme Court against Phoenix’s scheme to subsidize inherently political union activities with tax dollars
Phoenix, AZ (December 14, 2023) – The National Right to Work Foundation has just filed an amicus brief in Mark Gilmore v. Kate Gallego, a case currently pending before the Arizona Supreme Court. In the case, Phoenix city employees Mark Gilmore and Mark Harder are suing Phoenix Mayor Kate Gallego for engaging in a scheme that redirects taxpayer funds intended for public employees’ compensation toward political advocacy conducted by American Federation of State, County and Municipal Employees (AFSCME) Field II agents on so-called “release time.”
Specifically, the plaintiffs’ lawsuit argues the Arizona Constitution prohibits the use of taxpayer dollars to fund four full-time positions for union officials for the purpose of conducting union business, in addition to a bank of over 3,000 paid hours to be used by other union officials for union purposes, and multiple other perks for union agents.
The Foundation’s brief argues that the release time scheme violates Arizona’s Gift Clause, which forbids government transactions that bestow benefits on private entities while serving no public purpose. The brief points out that the U.S. Supreme Court’s ruling in the Foundation-won Janus v. AFSCME case demonstrates that, under the First Amendment, all government union activities are a form of lobbying designed to influence public policy for the benefit of the union. That means taxpayer subsidies of such activities inherently violate the Arizona Constitution’s Gift Clause.
Brief: “Release Time” Funnels Tax Dollars Unconstitutionally to Union Bosses
The policies unions lobby for “often are matters of substantial public concern, such as how much money the government expends on wages and benefits,” the brief reads. “With its release time policy, the City is effectively paying individuals to lobby the City for a private advocacy organization and its members. The notion that this political advocacy serves a public purpose is untenable.”
In the Janus decision, the U.S. Supreme Court ruled that forcing public sector workers to fund any union activities as a condition of employment constitutes forced political speech barred by the First Amendment.
The Foundation’s brief also deconstructs a proposition that the City of Phoenix’s ability to impose one-size-fits-all union contracts on entire swaths of employees somehow counts as a “public benefit” that the City receives in exchange for enforcing the release time scheme. Foundation attorneys instead argue that the municipal labor code already imposes this obligation on both the union and the City, and thus isn’t a benefit that union bosses are giving the City.
“Given the code already requires the City and AFSCME to impose uniform terms of employment on unit employees, union member and nonmember alike, it necessarily follows that the City did not need to provide AFSCME agents with release time to comply with its pre-existing legal obligations,” the brief contends.
“Union bosses, who will often screech about ‘corporate welfare,’ are more than happy to arrange so-called ‘release time’ schemes in which taxpayer dollars are funneled toward supporting their massive lobbying efforts,” stated National Right to Work Foundation President Mark Mix. “Janus made it plain and simple that compelling public sector employees to fund union activities constitutes forced political speech, and the Arizona Supreme Court has an obligation to declare unlawful compulsion foisted on taxpayers.”
Brooklyn Electrical Workers Win Year-Long Legal Battle to Remove Unwanted Union from Workplace
After Horsepower Electric employees voted to remove IUJAT union, Labor Board refused to count ballots for months based on empty union charges of misconduct
New York, NY (January 10, 2024) – Following a year-long legal battle, Brooklyn-based Horsepower Electric employee Shloime Spira and his colleagues are finally free of unwanted IUJAT (International Union of Journeymen and Allied Trades) representation. IUJAT union officials worked with the NLRB to manipulate the legal process with unproven claims against Horsepower Electric management to avoid the results of the workers’ union decertification vote. However, union officials have now chosen to renounce their so-called “representation” of the unit instead of facing a likely losing vote tally.
Spira received free legal aid from the National Right to Work Legal Defense Foundation in defending his coworkers’ right under federal law to remove the union, both before the National Labor Relations Board (NLRB) and the Federal Court for the Eastern District of New York. On December 31, 2023, IUJAT union officials’ “disclaimer of interest” became effective, and the union is no longer in the workplace. As a result, a federal case to demand the NLRB stop delaying the decertification effort has been voluntarily dismissed as moot.
“While my colleagues and I are pleased with this result, it’s simply ridiculous that the NLRB sat on our ballots for so long over union charges that were apparently meritless,” Spira commented. “The NLRB is supposed to protect employees’ right to choose whether or not they want a union, not delay that process indefinitely to maintain union officials’ power.”
NLRB Bureaucrats Sat On Case to Delay Counting Worker Votes, Necessitating Lawsuit
Spira first submitted a petition to the NLRB seeking an employee vote to remove the union in December 2022. Under NLRB rules, a petition requesting a union decertification vote must contain the signatures of at least 30 percent of the employees in a work unit to trigger a vote, a threshold which Spira’s petition met. The election took place in March 2023, but the NLRB ruled that the ballots could not be tallied because it had issued a complaint against Horsepower Electric based on allegations of employer misconduct (or “blocking charges”) filed by IUJAT union officials.
Union “blocking charges” contain claims of employer misconduct that are usually unverified and often have no connection to employees’ desire to vote out the union. NLRB officials inexplicably refused to hold a hearing or otherwise advance the “blocking charge” case for months, effectively using it as a pretense for delaying the vote count.
This delay meant Spira and his colleagues were trapped under the power of IUJAT union bosses without knowing the results of their vote. Because New York lacks Right to Work protections that make union affiliation and financial support strictly voluntary, IUJAT union bosses continued to collect forced dues from the workers, paid under threat of termination, while the vote count was indefinitely delayed.
No Witnesses Could Back Up Union’s Allegations Meant to Stymie Election
Pressure increased on the NLRB after the agency faced a federal lawsuit in the Eastern District of New York alleging due process violations. To defend his and his coworkers’ right to have their votes counted, Spira joined Horsepower Electric’s suit in the District Court and also intervened in the NLRB case to challenge the “blocking charges.”
Faced with this threat of federal litigation, including a “show cause” order from the judge in the federal case against the NLRB, Board officials finally moved forward on the NLRB “blocking charge” case and scheduled a hearing to take place on December 5, 2023. This was nearly a year after Spira had requested the vote to remove the union.
Spira’s legal team traveled to New York to defend his rights against the union’s allegations in the NLRB case. Minutes before the hearing was scheduled to begin before an NLRB Administrative Law Judge, NLRB lawyers conceded they could produce no witnesses to testify in favor of the union’s charges against Horsepower Electric. Soon after, the NLRB formally dropped its complaint against Horsepower Electric, thus clearing the way for the ballots to be counted.
Finally, on December 12, 2023, IUJAT union officials issued a disclaimer of interest effectively announcing they were departing the workplace. This was presumably done to avoid a vote count the union figured it would lose. The NLRB case ended on January 2, 2024, and the District Court declared the federal case dismissed on January 5, 2024.
“That union officials were so easily able to manipulate NLRB processes to block Mr. Spira and his colleagues from exercising their basic right to choose whether they want union representation shows that the agency is desperately in need of reform,” commented National Right to Work Foundation President Mark Mix. “It is outrageous that it took a federal court case to force the NLRB to admit that it had no evidence to back up union officials’ allegations that were being used to trap workers in a union they opposed.”
“Worker free choice is supposed to be the center of the National Labor Relations Act, but as this case shows, too often the Board has contorted the law into a shield to insulate union bosses from workers’ choices,” added Mix. “The Biden Labor Board is taking this bias to more and more extreme levels every day, granting union officials sweeping new powers to coerce workers into union ranks, while systematically undermining the rights of workers opposed to union affiliation.”
Support Staff at St. Christopher’s Hospital for Children Vote to Eject AFSCME Union Officials
Large unit of over 270 medical assistants, office coordinators, and others will now be free of union control
Philadelphia, PA (December 20, 2023) – Support staff at St. Christopher’s Hospital for Children in Philadelphia have successfully voted American Federation of State, County, and Municipal Employees (AFSCME) union officials out of power at their facility. The victory follows hospital employee Shidiah Jackson’s submission of a petition to the National Labor Relations Board (NLRB), which contained signatures from enough of her coworkers to trigger a union decertification vote under NLRB rules.
National Right to Work Foundation staff attorneys provided Jackson with free legal advice during the decertification process. The approximately 277-person work unit contains medical assistants, office coordinators, medical secretaries, and many other support employees, and the tally of ballots showed nearly 60% of those participating in favor of ousting AFSCME. The vote occurred on November 30, and the NLRB certified the results of the election earlier this month.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install or remove unions. Under NLRB rules, a union decertification petition must contain the signatures of at least 30% of the employees at a workplace to trigger a decertification election.
If a majority of workers vote against a union in a decertification vote, the union is removed from the workplace and loses its monopoly bargaining power. Such power permits union officials to dictate the contract provisions of all employees in a unit, even those who oppose or voted against the union.
Because Pennsylvania lacks Right to Work protections for its private sector workers, AFSCME union bosses had the power to enter into contracts with hospital management that forced Jackson and her coworkers to pay union dues or fees just to keep their jobs. In contrast, in Right to Work states, union membership and all union financial support are strictly voluntary.
Healthcare Employees Across the U.S. Reject Union Control
“AFSCME union officials were taking money from many employees’ paychecks but didn’t advocate effectively for me or my colleagues,” Jackson commented. “I’m glad that we were able to exercise our right to remove the AFSCME, and I think we will be able to serve the hospital’s medical staff and patients better with the union gone.”
In Minnesota, support staff at Mayo Clinic in Austin are currently seeking to boot Steelworkers union officials from their facility as well. Foundation staff attorneys earlier this month filed an NLRB union decertification petition for patient care specialist Erin Krulish, which contains signatures from a majority of other support staff at the clinic. Krulish’s effort is the latest in a string of Foundation-backed union decertification efforts in the Gopher State, with nurses and support staff at Mankato’s Mayo Clinic and St. James Mayo Clinic nurses all voting successfully to remove unions in 2022 alone.
“It seems that American medical employees are discovering that union officials’ one-size-fits-all ‘representation’ doesn’t always work to their benefit, nor does it help them take better care of their patients,” commented National Right to Work Foundation President Mark Mix. “It’s easy to see why healthcare workers would want to avoid compulsory dues payments, or being ordered to strike and abandon their patients during a busy time.”
“Those in the healthcare industry should know that they have a right to petition the NLRB for a vote to remove a union, and that National Right to Work Foundation staff attorneys can assist them through this daunting process,” Mix added.
Philadelphia Ultimo Coffee Workers Win Bid to Remove So-Called “Workers United” Union
Ultimo employees are third recent group of coffee shop workers in Philly to kick out an unwanted union, as Center City Starbucks workers await vote to remove SBWU
Philadelphia, PA (January 8, 2024) – Following Ultimo Coffee employee Samuel Tarasenko’s submission of a petition seeking an employee vote to remove the union, “Workers United” (WU) union officials filed paperwork announcing they will give up control of the Germantown-area coffee shop. Pending certification of the union’s disclaimer of interest, Tarasenko and his fellow Ultimo employees will be free of the control of the WU union.
Tarasenko’s petition, which he filed with free legal aid from the National Right to Work Legal Defense Foundation, contained signatures from a majority of employees at his workplace, more than enough to trigger a vote under NLRB rules. Because Pennsylvania lacks Right to Work protections for its private sector workers, SBWU union bosses can compel Tarasenko and his coworkers to pay union dues as a condition of keeping their jobs. In Right to Work states, in contrast, union membership and all union financial support are strictly voluntary.
However, in both Right to Work and non-Right to Work states, union officials in a unionized workplace are empowered by federal law to impose a union contract on all employees in a work unit, including those who oppose the union. A successful decertification vote strips union officials of that power. However, WU union officials, likely fearing a losing vote tally, disclaimed interest in the unit of Ultimo employees before a vote could occur.
Coffee Employees Across Philly and U.S. Seeking Freedom from Union Control
Tarasenko and his colleagues join Starbucks workers and other coffee employees across the country in banding together to vote out WU union officials, who have targeted coffee shops nationwide for unionization. This year, Starbucks employees in Manhattan, NY; two Buffalo, NY locations; Pittsburgh, PA; Bloomington, MN; Salt Lake City, UT; Greenville, SC; Oklahoma City, OK; and San Antonio, TX, have all sought free Foundation legal aid in filing or defending decertification petitions at the NLRB.
In Philadelphia, workers at Guava and Java’s location at Philadelphia International Airport successfully voted in May 2023 to oust UNITE HERE union officials, and a few months later Good Karma Café employees voted out WU union officials. Tarasenko and his colleagues are now the third recent group of Philadelphia coffee employees to successfully remove union representation with Foundation aid. Currently, workers from a Center City Starbucks are pursuing a decertification petition with Foundation legal assistance, also against the Starbucks Workers United (SBWU) union.
This growing wave of decertification attempts is occurring after WU union agents engaged in a multi-year, aggressive unionization campaign against Starbucks employees. As part of the campaign, WU (an affiliate of the large Service Employees International Union) spent over $2 million to target the coffee chain with paid union agents – including “salts” who obtained jobs at Starbucks locations with the covert mission of installing union power. After achieving this goal, many “salts” abandoned the stores.
Many workers targeted by this campaign are demanding decertification votes roughly one year after a WU union was installed at their store, which is the earliest possible opportunity afforded by federal law to do so.
WU Officials Using Legal Maneuvers to Stop Coffee Employees from Removing Union
Unfortunately, union officials have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unverified charges. Currently, WU union officials are attempting to block Starbucks workers nationwide (including at the Center City Starbucks in Philadelphia) from exercising their right to decertify the union by filing charges against company management.
“While we’re happy that Mr. Tarasenko and his coworkers successfully sent the WU union packing, it’s unfortunate that many others in Philadelphia and across the country are unable to exercise this right due to union legal tactics,” commented National Right to Work Foundation President Mark Mix. “That WU union officials spent millions to extend their power over Starbucks and other coffee employees and are now stopping those same employees from exercising their rights indicates their campaign is about union power, not workers’ concerns.”
“Workers who encounter coercive maneuvers from WU union officials should contact Foundation attorneys for free legal aid in defending their free choice rights,” Mix added.
Philly Public Defender Beats Illegal UAW Dues Deduction Scheme
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
UAW boss threatened to reduce workers’ wages for not signing dues card
Philly Public Defender Brunilda Vargas surely didn’t feel “represented” by UAW bosses when they sought to reduce her and her colleagues’ pay just for not signing dues cards. Mark Mix expressed the outrageousness of this scheme to The Philadelphia Inquirer.
PHILADELPHIA, PA – Brunilda Vargas, a public defender for the City of Philadelphia, staunchly objected when United Auto Workers (UAW) Local 5502 union bosses sought to gain power over her and her colleagues at the Defender Association of Philadelphia.
After UAW union officials were installed in her workplace, things only got worse for her. A UAW union official threatened Vargas and her coworkers that, if they didn’t sign cards authorizing the direct deduction of union dues from their paychecks, their wages would be reduced. This threat was a blatant violation of federal law.
Vargas challenged UAW officials’ illegal demands with free legal aid from the National Right to Work Legal Defense Foundation. Union bosses quickly backed down, and in June entered into a settlement approved by National Labor Relations Board (NLRB) Region 4 which fully vindicates Vargas’ and her coworkers’ rights.
Public Defender Hits UAW with Federal Charges Following Intimidation
On April 18, 2023, Vargas filed her federal unfair labor practice charge with NLRB Region 4 for the threats made against her and her colleagues at the Defender Association of Philadelphia. UAW officials issued these threats against public defenders who chose not to sign automatic dues deduction authorization forms.
Even though Vargas works in the non-Right to Work state of Pennsylvania and can be forced to pay some union dues as a condition of employment, federal law prohibits forcing workers to authorize automatic dues deductions from their paychecks. 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 she could also 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.
Settlement Forces Union Bosses to Fully Abandon Illegal Threats
Now, pursuant to settlements, the UAW must email and post notices informing workers that the union will not work with the workers’ employer to reduce wages of nonmembers that do not sign automatic dues deductions forms. The union must also not suggest failure to sign a dues deduction card could lead to a worker’s termination. Finally, the union must not coerce or restrain individuals from expressing their rights under Section 7 of the National Labor Relations Act.
“[UAW] will not threaten objecting non-members that we will notify the Employer it can seek refunds of their contractual salary increases if they do not sign a dues deduction authorization form. Neither employees nor members are legally required to execute a dues deduction authorization form,” the notice reads.
“While we are happy that we were able to help Vargas and her coworkers fight UAW misconduct, this instance is but the tip of the iceberg when it comes to UAW malfeasance,” commented National Right to Work Foundation Vice President Patrick Semmens. “The recent federal probe into UAW officials stealing and misusing workers’ money has sent multiple top UAW bosses to jail, and uncovered a shocking culture of contempt for workers’ rights.”
“Fortunately, the numerous victims of UAW boss abuses need not fight alone,” continued Semmens. “They have an ally in the National Right to Work Foundation.”
Victory: San Diego Charter School Educators Vote Out Teacher Union Bosses
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
SDEA officials stonewalled vote at charter school for years with “blocking charges” and pressure from elected officials
Kristie Chiscano kick-started the first effort at Gompers to remove the SDEA union. She witnessed firsthand that union control was ruining the independent nature of the charter school.
SAN DIEGO, CA – When San Diego Education Association (SDEA) union officials rose to power in 2019 at Gompers Preparatory Academy (GPA), educators and parents were rightfully concerned about what impact it would have on students’ progress and well-being.
Gompers had made an impressive transition to being a union-free charter school in 2005 after years of being plagued by unresponsive union bureaucracies, violence, high teacher turnover, and poor academic achievement. Teachers who feared that union monopoly control would allow such problems to creep back into Gompers quickly began an effort to vote out the union.
“I chose to work at a school that didn’t have a union, and now they’ve come in and they’re running everything about my contract and my work,” Kristie Chiscano, then a Gompers chemistry teacher and proponent of the decertification effort, said at the time.
While union stall tactics derailed Gompers educators’ 2019 effort to oust the union, Gompers educators didn’t give up. A majority of Gompers teachers backed another petition asking the California Public Employment Relations Board (PERB) for a vote to remove the union in 2023. Now, after years of legal maneuvers from union officials, Gompers educators have successfully ousted the SDEA with free legal aid from the National Right to Work Foundation.
SDEA Officials Used Spurious Charges to Block Earlier Teacher Effort
“There is definitely a lot more joy that’s going to be in classrooms now, instead of a burden with the union,” Cynthia Ornelas, a sixth grade Gompers teacher, told KPBS. “The union was making decisions for us, oh my goodness! We never knew what they were deciding because they didn’t communicate with teachers.”
Gompers teachers’ first effort to eliminate the SDEA union stemmed from an October 2019 petition that had the backing of a significant number of teachers, more than required by state law. However, SDEA union bosses averted the election by filing so-called “blocking charges” containing allegations of employer misconduct.
Union officials often manipulate “blocking charges” at the PERB and other state and federal labor relations agencies to stifle worker attempts to eliminate unpopular union “representation.”
As Foundation attorneys defended Gompers educators’ first petition, they also challenged a regulation requiring PERB agents and attorneys to accept union bosses’ “blocking charge” allegations as true. This regulation almost guarantees union defeat of any worker attempt to vote a union out.
Despite the PERB never holding a hearing into whether SDEA union bosses’ claims had any merit or whether they were related to the workers’ dissatisfaction with the union, PERB officials denied a decertification election to Gompers educators in October 2020.
Aside from legal maneuvers, union officials used intimidation and pressure to avoid being voted out. Chiscano and another Gompers educator filed charges maintaining that SDEA agents targeted them on social media for opposing the union hierarchy. California law makes it illegal for union officials to intimidate or retaliate against employees who exercise their right to refrain from union membership. Union-label California legislator Lorena Gonzalez, then an assemblywoman and now a top California AFL-CIO official, even wrote a screed to Gompers management that attacked the National Right to Work Foundation for simply providing legal aid to Gompers educators.
Teachers’ Long Struggle Exposes Massive Power of CA Public Sector Unions
Gompers educators submitted the March 2023 petition at the earliest time permitted by California labor regulations, which immunize union officials from employee-led decertification efforts for all but a tiny window while union contracts are active. Now, nearly four years after their original effort began, Gompers educators are finally free from union control.
“Gompers educators witnessed that SDEA union officials were not acting in the best interests of the students or the school community at large, and they fought courageously to bring back the independent environment that made Gompers a success,” commented National Right to Work Foundation President Mark Mix. “However, Gompers teachers shouldn’t have had to fight as long or as hard as they did simply to exercise their rights. No special interest group in California, or in America, should wield this kind of power over teachers and the public education system.
Starbucks Workers Nationwide Rising Up Against Union Representation
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Foundation provides free legal aid to Starbucks employees looking to remove unions
Mark Mix appeared on Newsmax TV this summer to discuss reports that union bosses spent millions to infiltrate Starbucks workforces with union agitators, many of whom hid their affiliations from their coworkers and even Congress.
WASHINGTON, DC – Union bosses and their bought-and-paid-for political allies like Sen. Bernie Sanders and Rep. Alexandria Ocasio-Cortez have been touting the unionization of some Starbucks locations as a breakthrough for Big Labor. But Starbucks employees under union control are increasingly realizing the drawbacks of having union bosses in the workplace and are banding together to say “NO” to union power.
In the last few months, employees at Starbucks locations in Manhattan and Buffalo, NY, Pittsburgh, PA, Minneapolis, MN, and Salt Lake City, UT, have all filed decertification petitions at the National Labor Relations Board (NLRB), requesting the agency hold elections at their stores to remove the Starbucks Workers United (SBWU) union. All have received free legal aid from National Right to Work Foundation attorneys.
But SBWU union officials — boosted by operatives from their notorious puppeteer, the Service Employees International Union (SEIU) — are fighting tooth and nail to remain in power at Starbucks locations where workers want them gone.
SBWU union officials are flooding the National Labor Relations Board (NLRB) with unrelated charges of alleged employer wrongdoing in an attempt to stall these decertification petitions.
Starbucks Worker’s Brief Blasts NLRB Double Standard on Elections
In June, Foundation staff attorneys filed a Request for Review with the NLRB in Washington, D.C., as a part of a case for Buffalo Starbucks worker Ariana Cortes. This request asks the Board to reverse an NLRB Regional Director’s order dismissing Cortes and her coworkers’ majority-backed petition for a decertification election on whether to remove SBWU.
The filing emphasizes that the employees want an election to remove a union that lacks the support of a majority of the workers. Employee free choice is a fundamental principle of the National Labor Relations Act (NLRA), and by denying these employees an election, the Board is undermining free choice.
The brief also observes the basis for blocking the vote is contradicted by the NLRB allowing union-backed certification elections to proceed with little or no delay. The result is that the SEIU is like a roach motel, easy to enter but impossible to leave.
Efforts to Boot SBWU Increasing Across Country
“They have treated us like pawns, promising us that we could remove them after a year if we no longer wanted their representation, and are now trying to stop us from exercising our right to vote,” Cortes said of SBWU union bosses. “It’s obvious they care more about power and control than respecting our individual rights.”
Cortes and her coworkers are not the only workers to become disillusioned with SBWU.
Foundation attorneys recently began representing employees at Starbucks branches at Pittsburgh’s Penn Center East, the Mall of America in Bloomington, MN, and Cottonwood Heights in the Salt Lake Valley, UT, who also submitted petitions demanding decertification votes on SBWU union officials.
“SBWU union bosses have not looked out for the interests of me and my fellow employees,” commented Pittsburgh Starbucks employee Elizabeth Gulliford. “We simply want to exercise our right to vote out a union that we don’t believe has done a good job, and both SBWU and Starbucks should respect that right and our final decision.”
The Starbucks employee-led decertification attempts all took place about one year after union power was installed at these stores — meaning workers seized the opportunity to decertify nearly as soon as legally possible. Federal labor law prevents workers from exercising their right to remove an unpopular union for at least one year after the union is installed.
Biden NLRB Propping Up Union Boss Attempts to Squash Votes
“It is becoming increasingly obvious that SBWU officials seek to extend their power over as many Starbucks workers as possible, with little regard for the employees they claim to ‘represent,’” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “And as we’ve seen in Ms. Cortes’ case in Buffalo, Biden NLRB officials are more than willing to indulge union bosses’ legal maneuvers to cling onto power even when workers have clearly had enough.”
“SBWU officials should not seek to disenfranchise the Starbucks workers they claim to ‘represent’ as those workers try to flee the SBWU’s clutches,” Messenger added. “The union officials’ conduct shows why fundamental changes must be made to the NLRB’s election processes to better protect employee free choice.”
Austin Minnesota Mayo Clinic Support Staff Vote Overwhelmingly to End Forced Union Dues Requirement
49-17 Labor Board deauthorization vote comes as employees wait for window to hold vote to finally remove unwanted Steelworkers union boss “representation”
Austin, MN (December 19, 2022) – “We are so happy with the way the election turned out,” Mayo Clinic Austin patient care specialist Erin Krulish commented. “I think it really shows that all of us came together to show the union that we don’t want to keep paying them when they are doing nothing for us.”
A group of support employees at Mayo Clinic Health System in Austin, Minnesota, overwhelmingly voted to “deauthorize” United Steelworkers (USW) Local 11-00578 union in their workplace. The workers filed the deauthorization petition with the National Labor Relations Board (NLRB) Region 18 with free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
Krulish filed the deauthorization petition for her coworkers who wanted to get rid of the so-called “union security clause” that authorizes USW union bosses to have clinic employees fired for refusing to financially support union activities. The request seeking the vote to end United Steelworkers union officials’ forced dues powers at Mayo Clinic Austin was signed by 49 of the 66 workers, well over the 30% required to trigger the NLRB-supervised election.
Minnesota is not a Right to Work state, meaning all workers in a unionized workplace can be required to pay dues or fees to a union as a condition of keeping their jobs. However, although winning such a vote can often be an uphill battle as independent workers have to take on professional forced-dues-funded union organizers, federal law does allow workers to hold deauthorization votes to end union officials’ legal authority to force workers to “pay up or be fired.”
The successful deauthorization vote at Mayo Clinic Austin comes as the workers wait for the opportunity to end USW officials so-called “representation” at the facility completely, a process known as decertification. “We plan to decertify come next December when our contract is up and we are ready for another fight!” Krulish said following the deauthorization victory.
Currently the non-statutory NLRB-invented “contract bar” doctrine blocks workers from holding a decertification vote to remove a union’s monopoly representation powers for up to three years when a union boss-imposed contract is in effect, consequently, a deauthorization vote, which isn’t limited by the contract bar was the employees’ only option. If the support staff at the Austin Mayo Clinic do decertify as they plan, they will join Minnesota nurses at Mayo Clinic Mankato and Mayo Clinic St. James in voting to oust union officials from their hospitals in just the six months.
Worker interest in removing unwanted unions is up nationwide. The NLRB’s own data show that, currently, a unionized private sector worker is more than twice as likely to be involved in a decertification effort as a nonunion worker is to be involved in a unionization campaign, with one analysis finding decertification petitions up 42% this year.
“We’re pleased Ms. Krulish and her coworkers are victorious in their effort to strip Steelworkers union bosses of their power to force workers to pay union dues or else be fired,” commented National Right to Work Foundation President Mark Mix. “Ultimately, Minnesota needs a state Right to Work law to ensure that every individual worker has the freedom to decide whether or not to financially support a union, even those who can’t overcome the hurdles required to successfully navigate the complicated deauthorization process.”
“This case also shows why it is time to end the NLRB-concocted ‘contract bar’ that traps workers in union ranks they oppose for years at a time,” added Mix. “No worker anywhere should be forced under so-called union ‘representation’ they oppose.”
