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.

The U.S. Supreme Court ruled in the Foundation’s Chicago Teachers Union v. Hudson (1986) case that union officials can collect union fees as a condition of employment, but must first provide nonmember public workers with an independently-audited financial breakdown of all forced-dues union expenditures and the opportunity to object and challenge the amount of forced union fees before an impartial decision maker. This minimal safeguard is designed to ensure that workers have an opportunity to refrain from paying for union boss political activities and union member-only events.

PSEA and state officials continue to deduct full union dues from the Troopers’ paychecks as if they were union members. PSEA union officials have refused to provide a breakdown of union expenditures and have not given the Troopers an opportunity to challenge the forced union fees before an independent third party.

The Alaska Department of Public Safety is also named as a defendant in the lawsuit for its complicity in the confiscation of full forced dues from the Troopers’ paychecks.

The Troopers seek refunds of the amount of forced union dues payments illegally taken from their paychecks and to enjoin future collection of any dues until PSEA union officials comply with the requirements laid down by the Supreme Court in Hudson.

“PSEA union bosses are deliberately keeping rank-and-file workers in the dark to keep their forced-dues gravy train going,” said Patrick Semmens, National Right to Work Foundation legal information director. “To prevent these types of forced unionism abuses in the future, Alaska needs a Right to Work law making union affiliation and dues payments completely voluntary.”

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.

Camara’s federal charge also challenges the legality of the union hierarchy’s dues deduction authorization – a document used by union officials to automatically collect dues from employees’ paychecks – which restrains a worker’s ability to exercise their right to resign from union membership.

Eduardo Lopez, a colleague of Camara, filed a similar charge in January. The charges will be investigated by the NLRB Regional Office 12 in Tampa.

“SEIU officials are just making up excuses to prevent workers from exercising their constitutionally-protect right to refrain from union membership,” said Mark Mix, President of the National Right to Work Foundation. “Schemes like this show that the ultimate goal of union officials is to collect more forced dues from workers, even when rank-and-file employees want nothing to do with the union.”

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.

Tibbetts and Hill filed federal charges with the National Labor Relations Board (NLRB) Region 25 in Indianapolis in September 2007 and again in June 2009 because Local 150 union officials refused to recognize their right to refrain from full-dues-paying union membership.

Facing NLRB prosecution, Local 150 union officials settled in 2008 and 2011. Despite the settlements, union officials continued to illegally force the workers to pay excessive union dues. Moreover, the union hierarchy continued to illegally force the workers to object annually to paying full dues.

The latest settlement reimburses the two workers $1,268. It also requires union officials to post notices about the workers’ rights in the workplace and at the union office in Merrillville.

Meanwhile, in response to IUOE Local 150 union bosses’ recent federal lawsuit against Indiana’s popular Right to Work law, Tibbetts joined a group of Indiana workers from across the state to file an amicus brief in support of their newly-enacted Right to Work freedoms.

“IUOE Local 150 union bosses have been long waging a campaign against Indiana’s workers, even before their frivolous federal lawsuit against Indiana’s popular Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “A Right to Work law undermines the IUOE Local 150 union bosses’ agenda to take workers’ hard-earned money from their paychecks at all costs.”

Indiana is the nation’s 23rd Right to Work state. Public polling shows that nearly 80 percent of Americans support the Right to Work principle, including 80 percent of union members.

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.

When resigning from formal union membership, Kalfayan exercised her rights upheld by the U.S. Supreme Court in the Foundation’s Communications Workers of America v. Beck (1988) case. In Beck, the Court determined that union officials cannot compel nonmembers to pay the portion of union dues used for the union’s political, lobbying, and member-only activities. Additionally, union officials are required to provide adequate financial disclosure of union expenditures to inform workers who refrain from union membership of how their forced dues are being spent.

However, the SEIU Local 925 hierarchy charges nonmember workers to pay for the union’s controversial “Unity Fund,” but does not provide the adequate disclosure to ensure Kalfayan and her coworkers are fully aware of the fund and its activities.

Further, SEIU Local 925 officials are demanding Kalfayan sign a union dues authorization form – a document used by union officials to deduct union dues from workers’ paychecks. If Kalfayan refuses, union officials have threatened to deduct full union dues from her paycheck.

“SEIU Local 925 officials are blatantly violating the rights of workers who have exercised their right to refrain from full-dues-paying union membership,” said Mark Mix, President of National Right to Work. “Forced unionism abuses such as this shows that Washington desperately needs a Right to Work law making union affiliation completely voluntary.”

Twenty-three states have Right to Work protections for its workers. Recent public polling shows that 80 percent of Americans and 80 percent of union members support the Right to Work principle of voluntary unionism.

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.

When resigning from formal union membership, Von der Lieth exercised her rights upheld by the U.S. Supreme Court in the Foundation’s Communications Workers of America v. Beck (1988) case. In Beck, the Court determined that union officials cannot compel nonmembers to pay the portion of union dues used for the union’s political, lobbying, and member-only activities. Additionally, union officials are required to provide adequate financial disclosure of union expenditures to inform workers who refrain from union membership of how their forced dues are being spent.

In Von der Lieth’s September 2011 letter, she requested union officials provide the legally-required breakdown of union expenditures. Union officials have refused to provide the adequate disclosure to ensure Von der Leith is fully aware of the amount of forced union fees the CNA union hierarchy can legally confiscate from her paycheck.

“Even though union officials often refuse to acknowledge their rights, honest hard-working nurses such as Von der Lieht are still forced to pay union dues and fees as a condition of employment,” said Mark Mix, President of National Right to Work. “Union bosses will continue to take workers’ hard-earned money while disrespecting their rights until California passes Right to Work protections for its workers.”

“Only then will it be less difficult for rank-and-file workers to hold union bosses accountable for forced unionism abuses such as this case,” added Mix.

Twenty-three states have Right to Work protections for its workers. Recent public polling shows that 80 percent of Americans and 80 percent of union members support the Right to Work principle of voluntary unionism.

Washington, DC (March 26, 2012) – With the help of National Right to Work Foundation attorneys, seven workers moved to intervene in a D.C. Circuit Court of Appeals case that could determine if President Obama’s recent recess appointments to the National Labor Relations Board (NLRB) are constitutional.

John Lugo, Douglas Richards, David Yost, Connie Gray, Karen Medley, and Janette and Tommy Fuentes are all involved in cases pending before the Board. They seek to intervene in a federal court appeal from a recent NLRB decision which presents the issue of whether the Board had the required three-member quorum to make a ruling.

If the NLRB’s decision is upheld by the Circuit Court, the ruling would allow President Obama’s questionable recess appointees to remain on the Board. The seven Foundation-assisted workers wish to intervene to challenge the constitutionality of the appointments because they’re involved in NLRB cases that could be decided by illegally-installed Board members.

Foundation attorneys argue that President Obama’s controversial Board appointees were not legitimate because the U.S. Senate was still in session according to its own rules when the appointments were made. Consequently, the NLRB lacks the necessary quorum to issue any new rulings.

“President Obama’s latest pro-Big Labor power grab not only threatens workers’ rights, it also undermines our delicate constitutional balance,” said Mark Mix, President of the National Right to Work Foundation. “That’s why we’re helping seven hard-working citizens challenge the constitutionality of these bogus recess appointments before the Board can rule on their cases.”

In January, Foundation attorneys helped file the first legal challenge to Obama’s recess NLRB appointees. In that case, currently on appeal, a federal judge has focused on the legality of a controversial NLRB rule forcing employers to post a biased notice intended to assist aggressive union organizers.

“One way or another, we need to get to the bottom of what is a constitutional crisis,” continued Mix. “These ‘non-recess recess appointments’ are a clear violation of the Constitution, and a testament to just how far the Obama Administration will go to push Big Labor’s agenda.”

Indianapolis, IN (March 30, 2012) – A union headquartered in suburban Chicago that is challenging Indiana’s newly-enacted Right to Work law in federal court is again facing legal woes for violating workers’ rights.

National Right to Work Foundation attorneys are providing free legal assistance to David Bercot of Orland, a certified wastewater operator for the ITR Concession Company, which services toll road rest stops in the Fort Wayne area. Bercot has field federal unfair labor practice charges against International Union of Operating Engineers (IUOE) Local 150 for refusing to provide him information about union financial expenditures.

Bercot must accept IUOE officials’ so-called “representation” and is still required to pay dues to the union to keep his job until the union’s current contract expires, after which he will be freed from that requirement by Indiana’s new Right to Work law.

While Bercot is forced to pay a certain portion of union dues, he is also entitled to receive an independently-audited breakdown of union financial expenditures to help him determine how much money he is obligated to contribute. IUOE Local 150 union officials only provided Bercot with an incomplete breakdown of their financial expenditures.

Bercot filed federal charges with the National Labor Relations Board (NLRB) Region 25 in Indianapolis contesting the union hierarchy’s lack of disclosure. Recently, IUOE Local 150 union officials were forced to settle another case by reimbursing two workers $1,268 after refusing to recognize their right to refrain from full-dues-paying union membership.

Bercot’s charges also object to another aspect of union policy, which requires employees to renew their objection to paying full union dues during a brief “window period.” If employees miss the window period, they must pay full union dues for another year.

Under federal law, workers have the right to permanently object to union dues.

Meanwhile, in response to IUOE Local 150 union bosses’ recent federal lawsuit against Indiana’s Right to Work law, Bercot joined a group of Indiana workers from across the state to file an amicus brief in support of their newly-enacted Right to Work freedoms.

“IUOE Local 150 union bosses have waged a long campaign against Indiana’s workers, even before their frivolous federal lawsuit against Indiana’s new Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “A Right to Work law guards against IUOE bosses’ continuing efforts to take workers’ hard-earned money from their paychecks as a condition of employment.”

Judge Reaffirms Legal Basis for Government Union Reforms While Striking down Part of Wisconsin’s Act 10

Ruling makes clear: Future reforms that include all government sector unions would be safe from legal challenges

Madison, WI (March 30, 2012) – In response to Judge Conley’s opinion striking down several aspects of Wisconsin’s recently-enacted public sector union reforms, National Right to Work Legal Defense Foundation President Mark Mix issued the following statement:

“Critically, Judge Conley’s ruling reaffirms the right of states to limit government union officials’ monopoly bargaining powers. Once again, a federal court has made it clear that union officials have no right to collect dues or fees from nonmembers.”

“While we disagree with the ruling’s conclusion that there isn’t a rational basis for recertification requirements and a ban on the use of taxpayer funded-payroll systems to collect union dues for general employees, the opinion shows why public safety officials should not have been exempted in the first place. The real solution to the ‘equal protection’ claims raised by the plaintiffs in this lawsuit is to apply Act 10 to all government employee unions and stop – in the judge’s words – ‘selectively subsidizing public unions.’ If anything, this ruling provides a blueprint for state legislators looking to limit union officials’ extraordinary special legal powers that no other private organization enjoys.”

Read the entire release here.

Indiana Workers Ask to File Amicus Brief Defending Hoosier Right to Work Law

Union lawyers seek to shut workers out of the proceedings

Hammond, IN (April 2, 2012) – Today, a group of Indiana workers from across the state filed a motion for leave to file an amicus brief in federal court 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 against a union-boss challenge.

International Union of Operating Engineers (IUOE) Local 150 headquartered in suburban Chicago, Illinois filed the federal lawsuit in late February challenging the law and requesting an injunction against its implementation.

Read the entire release here.

Cleaning Service Union Sweeps Workers’ Rights Under the Rug

Case underscores need for Massachusetts Right to Work law

Boston, MA (April 6, 2012) – Workers caught in a battle between a local union and Lynn-based Complete Cleaning, Inc. are fighting back.

With free legal assistance from the National Right to Work Foundation, Jairo Hernandez of Lynn filed federal charges against Service Employees International Union (SEIU) Local 615 after union officials claimed to have monopoly bargaining privileges over the workplace with only a handful of signatures from workers supporting the union.

Hernandez filed the charges for himself and his coworkers with the National Labor Relations Board (NLRB) regional office in Boston.

SEIU Local 615 officials claim monopoly bargaining privileges over Complete Cleaning’s workers even though workers nearly unanimously oppose the union hierarchy in their workplace. Under federal law, it is illegal for a union to claim monopoly bargaining status over a workplace without majority employee support.

Read the entire release here.