Auto Parts Manufacturing Workers Seek to Disassemble Unpopular Union Boss Bargaining Powers

Labor board investigation throws wrench into case, finds union contract with company illegal

Long Island, NY (November 1, 2011) – A Levittown automobile parts manufacturing worker is asking the National Labor Relations Board (NLRB) to halt an unpopular local union from forcing its representation on him and his colleagues.

With free legal assistance from the National Right to Work Foundation, Charlie Shannon filed unfair labor practice charges for himself and his coworkers against the International Union of Electronic, Electrical, Salaried, Machine, and Furniture Workers-Communications Workers of America (IUE-CWA) Local 463 union.

IUE-CWA Local 463 union officials no longer enjoy majority support from the employees after a majority of them signed a petition to remove the unwanted union from their workplace. However, union officials unlawfully continue to negotiate a new monopoly bargaining agreement with the employer, Sterling Instruments, Inc.

After investigating the matter, the NLRB regional office in Brooklyn found that IUE-CWA Local 463 union officials were illegally demanding forced union dues payments from the workers because the contract’s forced-dues clause with the company was not valid.

Read the entire release here.

Washington, DC (October 26, 2011) – Today, National Right to Work Foundation attorneys filed a motion for summary judgment in their federal lawsuit challenging the National Labor Relations Board’s (NLRB) new union posting rules released recently.

The motion was filed this afternoon in conjunction with National Federation of Independent Business (NFIB) in the United States District Court for the District of Columbia.

The Foundation’s case challenges the new rules 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.

Meanwhile, the new rules do not require union officials to issue information about workers’ rights to refrain from union membership or opt out of union dues.

Until the rule changes, employers were required to post notices of workers’ rights only if a violation of labor law occurred.

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. No other federal agency has ever made it unlawful to fail to post a notice that wasn’t required by Congress, which has prompted House Republicans to hold Congressional hearings on the matter.

After Foundation attorneys filed for a preliminary injunction and argued against the rule changes in court, the NLRB delayed the effective date of the Notice Posting Rule until January 31, 2012.

“Under these new rules, employers are essentially weaponized against workers,” said Mark Mix, President of National Right to Work. “Mom and Pop shops, small businesses, larger companies – even some religiously-affiliated organizations – are now under the Obama Labor Board’s microscope and will feel the pressure to hand over their employees to forced unionism or face legal consequences.”

“This ‘divide and conquer’ strategy should erase all doubt that the biased and ideologically-charged Obama Labor Board has turned into an organizing tool for Big Labor set to do one thing: force more workers who may want nothing to do with a union into paying union dues to keep their jobs.”

Long Island, NY (November 1, 2011) – A Levittown automobile parts manufacturing worker is asking the National Labor Relations Board (NLRB) to halt an unpopular local union from forcing its representation on him and his colleagues.

With free legal assistance from the National Right to Work Foundation, Charlie Shannon filed unfair labor practice charges for himself and his coworkers against the International Union of Electronic, Electrical, Salaried, Machine, and Furniture Workers-Communications Workers of America (IUE-CWA) Local 463 union.

IUE-CWA Local 463 union officials no longer enjoy majority support from the employees after a majority of them signed a petition to remove the unwanted union from their workplace. However, union officials unlawfully continue to negotiate a new monopoly bargaining agreement with the employer, Sterling Instruments, Inc.

After investigating the matter, the NLRB regional office in Brooklyn found that IUE-CWA Local 463 union officials were illegally demanding forced union dues payments from the workers because the contract’s forced-dues clause with the company was not valid. Additionally, union officials never informed workers of their National Right to Work Foundation-won rights to refrain from full-dues-paying union membership and from paying for union boss political activities or member-only events.

The workers are seeking a refund of the dues illegally seized from their paychecks, plus interest.

Despite the charges, union bosses remain deaf to the happenings on the ground level and are threatening to call a strike against the company, even though numerous employees have already resigned their union membership.

“These workers have made it clear: They want nothing to do with the union,” said Mark Mix, President of National Right to Work. “These employees, and all American workers, should be free to negotiate their own terms and conditions of employment, and be rewarded on their individual merit, if they so choose.”

“Union bosses will stop at nothing for forced union dues, including exercising illegal bargaining powers over the workers,” added Mix. “It’s cases like these that prove that New York desperately needs Right to Work protections for its workers.”

Houston, PA (November 4, 2011) – A Coca-Cola employee has won a settlement for over $4,000 with free legal assistance from the National Right to Work Foundation.

Keith Smiesko of Saxonburg won $3,356.46 from Teamster Local 585 union officials and $819.54 from Coca-Cola after he was illegally fired from his job for exercising his rights under the Foundation-won Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership.

Earlier this year, Teamster Local 585 union officials ordered Smiesko – who had refrained from full union membership and dues payments – to immediately pay full union dues for the previous three years along with additional union initiation fees without ever notifying him that he was being charged for their so-called "representation." Union officials illegally threatened Smiesko with job termination if he did not pay.

Smiesko refused to pay, and Teamster Local 585 union officials demanded that Coca-Cola fire him. Coca-Cola complied with the union bosses’ demand. With Foundation assistance, Smiesko then filed federal unfair labor practice charges against the union and company with the National Labor Relations Board (NLRB) regional office in Pittsburgh.

In addition to the monetary settlement, Smiesko was reinstated to his job with Coca-Cola, and union and company officials agreed to post a notice in the workplace for workers who may want to exercise their Foundation-won rights to refrain from full-dues-paying union membership.

"No worker should ever be extorted by union bosses to join or pay dues to a union in order to get or keep a job," said Mark Mix, President of National Right to Work. "Pennsylvania desperately needs Right to Work protections for its workers to strip from union bosses the power to compel workers to give up some of their hard-earned money in order to provide for their families."

Despite the Court precedent in Beck, union bosses can still force workers who refrain from formal union membership to pay part of union dues because Pennsylvania does not have a Right to Work law. However, workers cannot be compelled to pay the portion of union dues used for the union’s political, lobbying, and member-only activities.

If enacted, a Right to Work law would end compulsory union dues by making union membership and dues payment strictly voluntary. Polls consistently show that 8 in 10 Americans support the Right to Work principle. Twenty-two states have already passed Right to Work protections for their workers.

Coca-Cola Worker Wins Thousands in Settlement After Union Bosses Illegally Had Him Fired

Incident shows Pennsylvania’s workers desperately need Right to Work protections

Houston, PA (November 4, 2011) – A Coca-Cola employee has won a settlement for over $4,000 with free legal assistance from the National Right to Work Foundation.

Keith Smiesko of Saxonburg won $3,356.46 from Teamster Local 585 union officials and $819.54 from Coca-Cola after he was illegally fired from his job for exercising his rights under the Foundation-won Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership.

Earlier this year, Teamster Local 585 union officials ordered Smiesko – who had refrained from full union membership and dues payments – to immediately pay full union dues for the previous three years along with additional union initiation fees without ever notifying him that he was being charged for their so-called "representation." Union officials illegally threatened Smiesko with job termination if he did not pay.

Smiesko refused to pay, and Teamster Local 585 union officials demanded that Coca-Cola fire him. Coca-Cola complied with the union bosses’ demand.

Read the entire release here.

Worker Advocate Offers Legal Aid to Charlotte Employees Discriminated Against during Democrat Convention

Media reports suggest nonunion workers may be ordered off their jobs to satisfy demands of Organized Labor

Charlotte, NC (November 9, 2011) – The National Right to Work Legal Defense Foundation, which helps victims of forced unionism, is offering free legal aid to workers who refrain from union membership and may be ordered off their jobs or prevented to work during the 2012 Democratic National Convention scheduled for August 2012 in Charlotte.

In response to media reports, the Right to Work Foundation is offering free legal assistance for nonunion Time Warner Cable Arena, surrounding venue, local hotel, and other area workers who may lose work in favor of unionized workers in the lead up to and during the convention.

Discriminating against workers who exercise their right to refrain from union membership is a clear violation of North Carolina’s Right to Work law and the federal National Labor Relations Act.

Read the entire release here.

Worker Files Brief Defending Rights in Teamster Union Discrimination Federal Appeal

Despite multiple rulings, Teamster union bosses try to validate discrimination against worker

Denver, CO (November 23, 2011) – An Interstate Bakeries employee from Ponca City, Oklahoma has filed a brief in federal court asking the court to uphold repeated decisions in his favor against Teamster union workplace discrimination.

With continued free legal aid from the National Right to Work Foundation, Interstate Bakeries employee Kirk Rammage filed the brief Wednesday with the U.S. Court of Appeals for the Tenth Circuit.

Rammage was the single nonunion sales representative with Dolly Madison for over 15 years before his division was merged in 2005 with Wonder Bread/Hostess. Although the company initially wanted to retain Rammage and protect his seniority during the merger, Teamsters Local 523 union bosses demanded that union members receive preferential treatment, putting Rammage at the bottom of the seniority roster despite his workplace tenure. The company later caved into the union bosses’ demand.

At Interstate Bakeries, seniority increases employees’ chances of securing desirable sales routes. By insisting that Rammage lose his seniority, Teamster officials effectively signaled that union workers took priority over their nonunion colleagues. As a result, Rammage was forced to commute to a new work location more than 70 miles away.

Read the entire release here.

WVU Hospital Employee Files Federal Charge after Union Ignores Her Rights

West Virginia’s workers desperately need Right to Work protections

Morgantown, WV (November 23, 2011) – With aid from the National Right to Work Foundation, a West Virginia University Hospital employee has filed a second federal charge against a local union for refusing to honor her resignation from formal union membership, forcing her to pay full union dues against her will, and failing to provide the legally-required disclosure of how her forced dues are being spent.

Kimberly Wright initially resigned formal union membership from the Laborers’ International Union of North America (LIUNA) Local 814 in December 2010. Wright exercised her rights under the Foundation-won U.S. Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership.

For months following, LIUNA Local 814 union officials continued to extract full union dues from her paycheck, forcing her to file a charge with the National Labor Relations Board (NLRB) with free legal assistance from Foundation attorneys. The Board then settled the case with union lawyers.

Despite the settlement, LIUNA Local 814 union officials continue to collect full union dues from her paycheck.

Read the entire release here.

Healthcare Workers Win Settlement after SEIU Union Officials Demand Personal Information

Worker advocate assists healthcare workers coerced into forced dues union ranks

Sacramento, CA (November 30, 2011) – With free legal aid from National Right to Work Foundation attorneys, a Sutter Roseville Medical Center respiratory care practitioner has won a settlement against a statewide union for coercing her and her colleagues into paying forced union dues.

Late last year, Mary Massen filed unfair labor practice charges with the National Labor Relations Board (NLRB) regional office in San Francisco after Service Employees International Union United Healthcare Workers – West (SEIU-UHW) officials refused to allow her to exercise her rights.

Because California does not have Right to Work protections for its workers, Massen, who has exercised her right to refrain from formal union membership, is still forced to pay union fees as a condition of employment. However, because of a Foundation-won Supreme Court precedent in Communication Workers v. Beck, she cannot be compelled to pay the portion of union dues used for the union’s political, lobbying, and member-only activities. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently verified audit of chargeable and non-chargeable expenses.

Union officials failed to provide nonmember employees with the disclosure Beck requires and forced the workers to object annually, a tactic designed to coerce workers into paying full union dues. Additionally, SEIU-UHW union officials required employees to provide their social security numbers to refrain from paying union dues used for union boss political activities, further discouraging workers from exercising their rights.

Read the entire release here.

Charlotte, NC (November 9, 2011) – The National Right to Work Legal Defense Foundation, which helps victims of forced unionism, is offering free legal aid to workers who refrain from union membership and may be ordered off their jobs or prevented to work during the 2012 Democratic National Convention scheduled for August 2012 in Charlotte.

In response to media reports, the Right to Work Foundation is offering free legal assistance for nonunion Time Warner Cable Arena, surrounding venue, local hotel, and other area workers who may lose work in favor of unionized workers in the lead up to and during the convention.

Discriminating against workers who exercise their right to refrain from union membership is a clear violation of North Carolina’s Right to Work law and the federal National Labor Relations Act.

The Foundation encourages workers to learn about their rights and request free legal advice and aid at its website: www.nrtw.org.

“It appears Big Labor officials and the Democratic Party are preparing to commit violations of North Carolina’s popular Right to Work law and federal law,” said Mark Mix, President of the National Right to Work Foundation. “Despite Democratic officials’ rhetoric about jobs, it appears they plan to force workers off the job to appease their Big Labor benefactors”

“Not only is this outrageous, it is illegal,” added Mix. “Workers who feel their rights may be violated are encouraged to contact the National Right to Work Foundation for legal assistance.”