13 May 2020

Foundation Case Featured in the Wall Street Journal: “Chicago’s Union Pickpockets”

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The Wall Street Journal published an editorial in Tuesday’s paper detailing how two teachers are suing the Chicago Teachers Union (CTU) with free legal aid from the National Right to Work Foundation, because union officials are forcing workers to pay dues in violation of their rights as recognized in the Foundation’s Janus v. AFSCME Supreme Court victory.

The editorial quotes one of the two teachers represented by Foundation staff attorneys and shows how CTU and the Chicago School Board continued to take money from them in violation of their First Amendment rights:

When the CTU went on strike last fall, Joanne Troesch and Ifeoma Nkemdi didn’t want to stop teaching. Ms. Nkemdi says her second graders are “incredible, highly intelligent young people” but “already disenfranchised,” so “I didn’t feel they needed to be away from school, period. . . . Time away was going to be detrimental.”

Both teachers quit the union, and in late October asked Chicago Public Schools to stop deducting dues from their paychecks. But even after receiving notice, the union continued to pilfer $35.71 from Ms. Troesch and $59.51 from Ms. Nkemdi every two weeks. The CTU claims members may revoke permission for dues deductions only during the month of August, and anyone who leaves after that must pay until the next escape window.

The editorial also cites Foundation attorney Bill Messenger on such union-created “escape window” schemes:

As of May 1, there were some 89 active lawsuits nationwide challenging similar union “escape windows” or the forced collection of dues, says Bill Messenger, the National Right to Work Legal Defense Foundation lawyer who argued Janus. He represents the two teachers.

The editorial concludes that federal courts need to enforce the Janus decision against these “escape window” schemes:

[CTU’s top lawyer] says the union operates “stringently within the letter of the law.” The union’s escape-window shenanigans show otherwise. Federal courts need to enforce Janus or it will have no meaning.

4 Apr 2020

Foundation in the Wall Street Journal: More Changes Necessary to Protect Workers’ Right to Vote Out Unwanted Unions

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After the National Right to Work Foundation filed comments in January in support of policies to protect workers, the National Labor Relations Board (NLRB) has issued its final rule eliminating some barriers that prevented workers from being able to decertify a union they oppose.

Late last year, National Right to Work Foundation President Mark Mix wrote in the Wall Street Journal encouraging the NLRB to remove such barriers for workers by highlighting actual examples of how these types of NLRB rules hurt working men and women across the country:

A variety of other nonstatutory policies, doctrines and “bars” prevent workers from holding votes to oust unions they oppose. In many cases, the policies are applied one after the other, blocking escape routes.

A majority of workers at a Wisconsin trucking company experienced this over the past two years. First, they were blocked from removing their union by the so-called voluntary-recognition bar. This stops workers from decertifying a union for up to a year after the union is installed through “card check”—a procedure that avoids the need for a secret ballot and makes workers vulnerable to union intimidation.

Then, after waiting a year for that bar to expire, the Wisconsin workers found they had been merged by Teamsters officials into a multicompany nationwide bargaining unit of about 24,000 workers. Suddenly the petition to oust the local union was 7,000 signatures short—for a workplace with fewer than 10 union workers. Last month the NLRB declined the Wisconsin workers’ appeal, though a majority of voting board members signaled they would revisit the “merger doctrine” policy in the future.

Mix went on to discuss more of the bureaucratically-created policies, including the recently eliminated “blocking charge” policy, that allow union bosses to prevent workers from choosing who represents them:

Other workers face other hurdles: The “settlement bar” blocks a decertification vote because of an NLRB settlement to which the workers weren’t a party; the “successor bar” blocks a vote for up to a year after a company is acquired; the “contract bar” blocks a vote for up to three years after a union contract is forged; and a “blocking charge” blocks a vote while union allegations against a company are pending. None of these are required by law.

The NLRB is addressing the voluntary-recognition bar and blocking charges through the current rule-making process, but the other policies are similarly destructive of workers’ legal right to vote out a union that lacks majority backing. Congress should act to protect workers from being trapped in union ranks they oppose, but in the meantime the NLRB has the authority to eliminate these barriers.

After the Foundation’s comments and advocacy, the NLRB has finally removed the “blocking charge” and “voluntary recognition bar” rules, but there is more work to be done to protect workers and remove barriers.

3 Dec 2009

Here’s an Idea for Obama’s Job Summit: End Forced Unionism!

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As we brace ourselves for tonight’s “Job Summit,” brought to you courtesy of the Obama Administration and its Big Labor allies, it’s worth considering an idea that might actually help raise the employment rate — passage of more Right to Work laws.

Studies have repeatedly shown that forced unionism states lag behind Right to Work states in terms of job creation, economic growth, and worker income. If the Obama Administration is really interested in creating more jobs, it should take heed of this study from the National Institute for Labor Relations Research:

For many years, U.S. Labor Department data have shown that states with Right to Work laws on the books have far faster private-sector job growth than states that do not protect employees from federal policies authorizing the termination of workers for refusal to pay dues or fees to an unwanted union.

Between 1995 and 2005, private-sector jobs in Right to Work states increased by a net 20.2%. That’s a 79% greater increase than the relatively small increase in private-sector jobs experienced by non-Right to Work states over this period.

Of course, the case for Right to Work laws rests on more than just employment numbers, as no worker should be forced to join a union or pay union dues just to keep a job. Unfortunately, union bosses and their political allies have never much cared for workers’ individual freedoms, but will the prospect of skyrocketing unemployment rates cause them to change their tune?  We won’t hold our breath.

4 Dec 2009

Podcast: Bluegrass State Teachers Win First Round of Legal Battle Against Forced Union Dues

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Regular Freedom@Work readers may remember a Foundation lawsuit filed in September against the Jefferson County Teacher Association union and its national affiliate, the NEA. Right to Work attorneys are attacking the union hierarchy’s overall monopoly bargaining privilege, as well as its illegal union membership policy that automatically enrolls teachers as union members, holds them hostage in full union membership, and forces unwilling educators to pay union dues.

Although the embarrassment of the lawsuit forced Kentucky union bosses to announce a few minor concessions, Right to Work attorneys are pressing forward to take down the union’s entire forced union dues scheme. Foundation VP Stefan Gleason appeared on the nationally-syndicated Francene Show last Tuesday to discuss the case. Click here to listen or use the embedded player below:

You can also listen to the Foundation’s podcast via iTunes or manually subscribe to the feed.

23 Dec 2009

Grocery Store Union Bosses Face Federal Charges After Blocking Workers from Stopping Dues Payments

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News Release

Grocery Store Union Bosses Face Federal Charges After Blocking Workers from Stopping Dues Payments

Local union officials and Fry’s Food Stores management collude illegally to extract forced dues from independent-minded workers

Phoenix, Arizona (December 23, 2009) – With free legal assistance from the National Right to Work Foundation, five employees from different Fry’s Food Stores locations have filed federal charges challenging their employer’s and a local union’s efforts to block them from stopping the seizure of union dues from their paychecks.

Disgusted with recent union strike threats, large numbers of employees withdrew from the union, but union officials are now retaliating by refusing to honor their legal rights and getting Fry’s management to deduct and forward the union dues money anyway.

Shirley Jones of Mesa, Karen Medley and Elaine Brown of Apache Junction, and Kimberly Stewart and Kristy Dickenson of Queen Creek – acting for other similarly situated employees – filed federal unfair labor practice charges at the National Labor Relations Board (NLRB) against United Food & Commercial Workers (UFCW) Local 99 union bosses and Fry’s.

Click here to read the full release.

24 Dec 2009

Wisconsin Schools Ordered to Cram Big Labor Propaganda down Children’s Throats

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Just in time for the Holiday Season, a charming piece of legislation from the great state of Wisconsin:

Wisconsin schools will be required to teach the history of organized labor under a bill signed by Gov. Jim Doyle.

The bill Doyle signed Thursday also requires Wisconsin schools to teach the history or collective bargaining.

The proposal has been around for years but never passed.

This year it cleared the Democratic controlled Legislature despite opposition from school boards and administrators who said they didn’t want the curriculum micromanaged.

Labor unions supported the bill.

No one objects to schools teaching history (which includes the rise of Big Labor in the 20th century), but it’s disturbing to have union-boss allies in the state legislature micromanaging curricula for political reasons and ordering schools to cram union propaganda down impressionable students’ throats.

For a more balanced view about the impact of union monopoly bargaining, we recommend you check out our page on the history of the Right to Work movement.

30 Dec 2009

TV Report: Arizona Union Bosses Caught with Their Hands in Workers’ Pockets

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Regular Freedom@Work readers may recall a press release from last week on the Foundation’s efforts to stop a local Arizona union from extracting forced dues dollars from nonunion members in a Right to Work state. Here’s a local television report on the developing situation:

For more information, check out the Foundation’s press release or this recent article from The Arizona Daily Star.

31 Dec 2009

Steelworker Union Bosses Slapped with Federal Charges for Continuing to Seize Dues from Worker’s Paycheck

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News Release

Steelworker Union Bosses Slapped with Federal Charges for Continuing to Seize Dues from Worker’s Paycheck

Union officials ignore own rules to force worker into full dues paying union membership

Des Moines, Iowa (December 31, 2009) – With free legal assistance from the National Right to Work Foundation, a Bridgestone Corporation employee filed federal charges after his employer illegally diverted a portion of his paycheck to a local union to which the employee does not belong.

The case points out the need for strong and fully enforced Right to Work laws and other protections against forced unionism abuse. A few Iowa legislators have recently tried to repeal the state’s Right to Work law that makes union membership and dues payment voluntary – even though doing so would lead to employee rights violations on a massive scale.

Terry L. Welch of Polk City filed federal unfair labor practice charges at the National Labor Relations Board (NLRB) against United Steelworkers Local 310 union bosses and Bridgestone.

In October, Welch resigned from the Steelworkers union and revoked his dues deduction authorization. Dues deduction authorizations are used by union officials to automatically withhold union dues from employee paychecks.

Under Iowa’s popular Right to Work law no worker can be required to join or pay any money to a union as a condition of employment. Additionally, the union’s own dues authorization card allows Welch to revoke his authorization at any time.

Click here to read the full release.

4 Jan 2010

Cecil DeMille Defended Right to Work: “My concern is for the Individual”

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One of the earliest supporters of the Right to Work cause was Hollywood producer Cecil B. DeMille. Over 60 years ago, Cecil B. DeMille took a courageous stand (pdf, page 4) against the forced dues demands of American Federation of Radio Artists union officials, resulting in his being fired from his $100,000 per year job and banned for life from working in radio and television.

For the rest of his illustrious life, DeMille fought tirelessly for the Right to Work principle and against the brute forces of union boss tyranny.  DeMille used his talents to film public appeals on behalf of the Right to Work.  In 1948, DeMille even spoke before Congress in favor of Right to Work legislation (as this recent article from Mises.org reminds us):

The Declaration of Independence specified “life, liberty, and the pursuit of happiness” as inalienable rights. The Constitution goes further. The Bill of Rights mentions freedom of speech, press, assembly, worship, and other rights which the state may not invade.

But neither the Declaration nor the Constitution pretends to exhaust the list of man’s God-given and inalienable rights.

One of the most fundamental of those rights is the right to work. I submit that the time has come for Congress to declare it to be the public policy of the United States that every individual should have the right to work, when he pleases, where he pleases, for himself or for whoever wants to hire him — and that the full protection of the government should be put behind this right to work.

Need I point out how basic the right to work is? It is the same as the right to life, for it is by work that men live. Deny the right to work, and you have cut off the right to life.

What privilege — I would prefer to say what right — could be more essential to the orderly pursuit of happiness than the right of a man to earn bread for himself and his family — the right to work?

Yet in practice, as this committee knows, the right to work has been violated in a multitude of instances, of which my own case — denial of the right to work because I refused to pay a political assessment to a union — is only one.

What is the reason for this strange inconsistency — for the fact that a clearly established constitutional right has been and can be challenged with impunity?

One reason may be that the courts have never been given a clear mandate by federal law to protect the right to work absolutely and at all events. In fact, nowhere in federal statute law is the positive right to work stated in unqualified terms.

[Romanian communist and foreign minister] Ana Pauker will not allow my pictures to be seen on the screens of Rumania because I disagree with her politically.

The American Federation of Radio Artists will not allow my voice to be heard over the microphones of America because I would not pay a political assessment.

I see a pattern there — a pattern that can mean slavery for free men everywhere if it is not broken.

Other Hollywood notables who have given public endorsements of the Right to Work principle include singer Pat Boone and the late Charlton Heston, who served as the president of the Screen Actors Guild union from 1965 to 1971.

And despite Hollywood’s forced union advocates’ continuing support for union boss coercion and intimidation, courageous Hollywood entertainers, crew members, and other entertainment industry professionals continue the principled fight of DeMille, Boone, and Heston to this day.

11 Jan 2010

Right to Work on Glenn Beck: Forced Unionism Threatens National Security

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Right to Work President Mark Mix explains how forced unionism at the Transportation Security Administration threatens to undermine national security: