21 Apr 2014

Grand Rapids Teacher Files State Charges Against Union and School District for Right to Work Violations

Posted in News Releases

Grand Rapids, MI (April 21, 2014) – A Grand Rapids-area special education teacher has filed state charges against a local union and the school district for violating school employees’ rights under Michigan’s Right to Work law.

With free legal assistance from National Right to Work Foundation staff attorneys, Becky Lapham of Portland, Michigan, filed the state charges last week with the Michigan Employment Relations Commission (MERC) in Detroit.

The 11-year Lincoln Developmental Center school teacher notified the Michigan Education Association (MEA) union that she was exercising her rights under the Foundation-won Chicago Teachers Union v. Hudson case to refrain from full union dues payments and requesting a financial disclosure of how her forced union dues and fees are being spent.

MEA union officials refused to comply with Lapham’s request, claiming that she would have to wait for a union-designated “window period” in August 2014 to refrain from full dues payments, and threatened to report her to a collections agency. Lapham points out that Michigan’s Right to Work law protects her unequivocal right to refrain from union membership at any time. Analogously, federal labor law also protects workers’ absolute right to refrain from union membership at any time without penalty.

Lapham also filed additional charges against the union and Grand Rapids Public Schools for entering into an agreement illegally amending and extending the forced unionism provisions in the monopoly bargaining agreement beyond the date allowed under Michigan’s Right to Work law for public employees. That law specifies that contracts or amendments entered into after the law went into effect must respect workers’ right to refrain from the payment of any union dues or fees.

“Across the state, union officials are pulling out all the stops to keep workers from exercising their rights under Michigan’s Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “Foundation staff attorneys are assisting workers throughout the state whose rights under Michigan’s Right to Work law are being denied by unscrupulous union officials seeking to circumvent the law.”

In similar cases across Michigan, Foundation staff attorneys have already assisted 10 other public-sector workers who filed charges with the MERC and two private-sector workers who filed federal charges with the National Labor Relations Board (NLRB).

28 Apr 2014

UPS Worker Wins Federal Settlement against Teamster Union for Ignoring Her Rights Under Michigan’s Right to Work Law

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Traverse City, MI (April 28, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, a Traverse City UPS (NYSE: UPS) worker has won a federal settlement against a local Teamster union for violating her rights.

Lisa Plamondon, a 30-year UPS employee, won the settlement from the Teamster Local 406 union after she filed charges against the union and her employer with the National Labor Relations Board (NLRB).

Because Michigan did not have a Right to Work law making union dues payments completely voluntary, Plamondon was a member of the union from 1983 until 1997. In 1997, Plamondon resigned her union membership, but still had to pay union dues and fees to keep her job.

After Michigan’s private-sector Right to Work law went into effect, Plamondon sent several letters to the Local 406 union stating that she was exercising her right under Michigan’s Right to Work law to refrain from union dues payments. In the letters, Plamondon attempted to comply with Teamster Local 406’s procedure to end forced dues payments by revoking her dues deduction authorization – a document union officials use to take dues or fees from workers’ paychecks.

Teamster Local 406 union officials refused to comply with her request and told her that there are numerous restrictions on her ability to revoke her dues deduction. For example, Teamster union officials told Plamondon she must submit her request in writing, even though she has already sent several letters. Teamster Local 406 union officials also refused to provide Plamondon with a copy of her dues deduction authorization, claiming that she received a copy when she filled one out over 20 years ago.

Under the terms of the settlement, Plamondon received reimbursement of all of the union fees illegally taken from her paycheck plus interest. Moreover, the NLRB filed a complaint against UPS for its role in violating Plamondon’s rights.

“Michigan workers should not have to jump through arbitrary hoops just to exercise their rights under Michigan’s Right to Work laws,” said Mark Mix, President of the National Right to Work Foundation. “We applaud Ms. Plamondon’s courageous effort to protect her rights under Michigan’s private-sector Right to Work law.”

In similar cases across Michigan, Foundation staff attorneys have assisted 12 public-sector workers who filed charges with the Michigan Employment Relations Commission (MERC) in Detroit and another private-sector worker who filed a federal charge with the NLRB.

30 Apr 2014

Waikiki Hotel Employees Hit Union Officials with Federal Charges for Illegally Seizing Dues

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Honolulu, HI (April 30, 2014) – With free legal assistance from National Right to Work Foundation staff attorneys, a group of Hyatt Regency Waikiki Resort & Spa employees have filed federal unfair labor practice charges against the UNITE HERE Local 5 union.

Honolulu Hyatt employees Mark Tamosiunas, Wayne Young, Steven Taono, and Agnes Demarke filed the charges late last week with the National Labor Relations Board (NLRB).

Starting around June 30, 2010, the monopoly bargaining agreement between UNITE HERE Local 5 union officials and Hyatt management expired. While the contract was no longer in effect, the workers resigned their union membership and exercised their right to refrain from union dues payments.

However, UNITE HERE Local 5 union officials are now charging the workers for union dues and fees from June 2012 to August 2013, even though no union monopoly bargaining agreement requiring workers to pay union dues or fees was in effect.

Further, the workers never received a copy of the new union monopoly bargaining agreement, a notice of their rights to refrain from union membership and full dues payments, or a breakdown of union financial expenditures from Local 5.

The charges will now be investigated by the NLRB, a federal agency charged with administering private-sector labor law.

Foundation staff attorneys have assisted other workers in defending their rights against the scofflaw union. In 2008, Turtle Bay Resort employee Brenda Lee Orr and Hilton Hawaiian Beach Resort and Spa employee Grant Suzuki won a federal settlement that forced UNITE HERE Local 5 to refund union dues and fees illegally used for union politics. In 2012, Suzuki and another hotel employee, Daryl Sakugawa, filed charges after both were forced to contribute to a variety of activities outside the scope of workplace negotiations, including UNITE HERE political lobbying and a union strike fund.

“Once again, UNITE HERE bosses have demonstrated how little regard they have for workers’ rights,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “The only permanent solution to chronic union law-breaking is an Hawaii Right to Work law, which would ensure that no employee can be forced to join or pay dues to a union.”

9 May 2014

Paris Casino Union Bosses Lose High Stakes Game Playing with Worker’s Legal Rights

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Las Vegas, NV (May 9, 2014) – A Paris Las Vegas Hotel and Casino snack bar attendant has won a federal judgment from a local union for violating her right to refrain from union affiliation.

With free legal assistance from National Right to Work Foundation staff attorneys, Nani Sugianto won her case against the Culinary Workers Union Local 226 before a National Labor Relations Board (NLRB) administrative law judge late last week.

In 2007, Sugianto resigned her union membership and refrained from dues payments. After nearly five years the union started to collect dues again without giving her notice. Sugianto stopped the union dues deductions.

Then, Sugianto filed an unfair labor practice charge with the NLRB after a union steward illegally threatened her that she would lose all of her benefits and her seniority, and would be required to start over again as a new hire, unless she paid union dues even though she is not a union member. The steward made the threats while the union was trying to swell its membership rolls and prevent workers from exercising their right to work during a union-boss instigated strike.

After hearing conflicting testimony, the NLRB administrative law judge ruled that Sugianto was the more credible witness.

“Workers’ rights are not a casino game,” said Mark Mix, President of the National Right to Work Foundation. “We applaud this worker’s efforts to protect her rights under Nevada’s popular Right to Work law.”

Under Nevada’s Right to Work law, workers cannot be forced to pay union dues or fees as a condition of their employment.

Twenty-four states have Right to Work protections for employees. Public polling shows that nearly 80 percent of Americans and union members support the principle of voluntary unionism.

14 May 2014

University Hospital Nurse Files Federal Charge Against Major Healthcare Union for Rights Violations

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Saint Louis, MO (May 14, 2014) – A Saint Louis University Hospital nurse has filed a federal charge against a major California-based healthcare union for violating workers’ rights.

With free legal assistance from National Right to Work Foundation staff attorneys, Saint Louis University Hospital nurse Brian Hendricks filed the charge with the National Labor Relations Board (NLRB).

National Nurses Organizing Committee (NNOC) union officials enjoy monopoly bargaining powers over the workplace. Because Missouri does not have Right to Work protections making union affiliation completely voluntary, nonmember workers are still forced to pay part of forced union dues to keep their jobs.

In the charge, Hendricks alleges that NNOC union officials are using illegal dues deduction authorization forms that force members to authorize union dues deductions from their paychecks and deny them the right to pay for union dues via check.

Further, Hendricks alleges that the union is refusing to provide workers with information about their right to refrain from formal union membership and failed to provide a legally-required independently-audited breakdown of union expenditures informing workers of what union dues and fees they can be forced to pay.

Healthcare professionals from across the country have filed charges against NNOC union bosses for repeated rights violations as the union hierarchy has schemed to spread from California and expand its ranks.

“NNOC union officials, who claim to represent these workers, are instead violating workers’ rights to keep their forced-dues gravy train going,” said Mark Mix, President of the National Right to Work Foundation. “This case underscores the need for Missouri to pass a Right to Work law making union affiliation and dues payments completely voluntary.”

Twenty-four states have Right to Work protections for employees. Public polling shows that nearly 80 percent of Americans and union members support the Right to Work principle of voluntary unionism.

16 May 2014

Southern Bakeries Worker Moves to Intervene in Federal Court to Stop NLRB from Foisting Unwanted Union on Workers

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Texarkana, AR (May 16, 2014) – A Southern Bakeries, LLC worker has moved to intervene to block a federal agency from foisting unwanted union representation back on his workplace after he and his coworkers overwhelmingly expressed their desire to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Southern Bakeries worker John Hankins filed the motion in the U.S. District Court for the Western District of Arkansas, Texarkana Division.

After the workers at the Southern Bakeries facility in Hope voted in a secret-ballot election to determine whether they wanted to remove the Bakery, Confectionary, Tobacco Workers and Grain Millers International Local 111 union officials from their workplace, the union hierarchy filed federal charges with the National Labor Relations Board (NLRB) to impound the workers’ ballots.

Hankins and two-thirds of his coworkers then signed a petition to remove the union from their workplace. After the workers presented the petition to their employer, Southern Bakeries withdrew recognition of the union as the workers’ monopoly bargaining representative as the law prescribes.

In February, the NLRB Regional Director in the case asked the federal court to issue a 10(j) injunction requiring the company to once again recognize the union as the workers’ monopoly bargaining representative while the union’s charges are pending. The Regional Director argues in the extraordinary legal maneuver that leaving the workers free from the unwanted union representation would do “irreparable harm.”

“The NLRB Regional Director apparently believes workers being free from a union they clearly want nothing to do with would cause ‘irreparable harm’,” said Mark Mix, President of the National Right to Work Foundation. “If federal labor law purports to protect workers, then what ‘irreparable harm’ occurs if the workers remain free from an unwanted union?”

“This case underscores the pro-forced unionism bias of President Obama’s NLRB,” added Mix. “We urge the court to reject the Regional Director’s motion to foist the union back on these workers despite their desire and actions to free themselves from monopoly unionization.”

16 May 2014

Southern Bakeries Worker Moves to Intervene in Federal Court to Stop NLRB from Foisting Unwanted Union on Workers

Posted in News Releases

News Release

Southern Bakeries Worker Moves to Intervene in Federal Court to Stop NLRB from Foisting Unwanted Union on Workers

Unprecedented new Obama Labor Board policy is to go to court to block employee attempts to remove an unwanted union with a majority petition to their employer

Texarkana, AR (May 16, 2014) – A Southern Bakeries, LLC worker has moved to intervene to block a federal agency from foisting unwanted union representation back on his workplace after he and his coworkers overwhelmingly expressed their desire to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Southern Bakeries worker John Hankins filed the motion in the U.S. District Court for the Western District of Arkansas, Texarkana Division.

After the workers at the Southern Bakeries facility in Hope voted in a secret-ballot election to determine whether they wanted to remove the Bakery, Confectionary, Tobacco Workers and Grain Millers International Local 111 union officials from their workplace, the union hierarchy filed federal charges with the National Labor Relations Board (NLRB) to impound the workers’ ballots.

Hankins and two-thirds of his coworkers then signed a petition to remove the union from their workplace. After the workers presented the petition to their employer, Southern Bakeries withdrew recognition of the union as the workers’ monopoly bargaining representative as the law prescribes.

Click here to read the full release.

29 May 2014

School Bus Drivers File Federal Suit Against District and Local Union for Rights Violations

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News Release

School Bus Drivers File Federal Suit Against District and Local Union for Rights Violations

Union bosses trap bus drivers into union membership and dues payments

Little Rock, AR (May 29, 2014) – A group of Pulaski County Special School District bus drivers have filed a federal suit against the school district and a local union for violating their rights.

The five Little Rock-area bus drivers filed the federal suit with free legal assistance from National Right to Work Foundation staff attorneys.

The school bus drivers all sent a letter to the Pulaski Association of Support Staff (PASS) union exercising their right to refrain from union membership and refrain from paying union dues or fees.

Under the U.S. Constitution, workers have the unconditional right to refrain from union membership at any time. Under Arkansas’s popular Right to Work law, nonmember workers can refrain from paying union dues and fees.

PASS union officials denied the bus drivers’ requests to resign union membership and refrain from union dues payments, instead claiming that the drivers can only resign their union membership during a 15-day “window period” in July.

Click here to read the full release.

5 Jun 2014

Michigan Civil Servant Files Motion to Defend Michigan’s Public-Sector Right to Work Law at Supreme Court

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News Release

Michigan Civil Servant Files Motion to Defend Michigan’s Public-Sector Right to Work Law at Supreme Court

Union officials fight law that prevents them from forcing workers to pay union dues

Lansing, MI (June 5, 2014) – A Michigan civil servant has filed a motion to file a brief at the state’s Supreme Court defending Michigan’s recently-enacted public-sector Right to Work law and arguing that it applies to the state’s civil servants.

Michigan Department of Natural Resources Inventory and Planning Specialist Thomas Haxby, of Kingsley, filed the motion with free legal assistance from National Right to Work Foundation staff attorneys.

The case, brought by several union hierarchies, is a challenge to Michigan’s Right to Work law and whether is applies to the state’s civil servants.

Click here to read the full release.

5 Jun 2014

Local Union Hit with Federal Charges for Blacklisting Construction Worker

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News Release

Local Union Hit with Federal Charges for Blacklisting Construction Worker

Union officials discriminatorily obstruct worker from getting work based on lack of union membership

Evansville, IN (June 5, 2014) – An Industrial Contractors Skanska construction worker has filed federal charges against a local union and his employer for discriminating against him based on his lack of union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Michael Feist, a 15-year construction worker, filed the federal charges late last week with the National Labor Relations Board (NLRB).

In early April 2014, Feist was expelled from the Laborers’ International Union of North America (LIUNA) Local 561 after Feist challenged the amount of dues going toward a union fund. Since then, LIUNA Local 561 union officials have refused Feist’s attempts to remain current on his union dues payments.

LIUNA Local 561 union bosses instructed Skanska in April to exclude him from further work opportunities.

Click here to read the full release.