Wisconsin Spartek Workers Successfully Force Out UE Union Officials as Labor Board’s Policy Shift Looms
United Electrical union flees Spartek after majority of workers petition against union
Sparta, WI (September 14, 2023) – Employees from metal manufacturing company Spartek have prevailed in their effort to oust United Electrical Workers (UE) Local 1161 union officials from their facility. Following the workers’ submission of a petition asking National Labor Relations Board (NLRB) Region 18 to hold an election in the workplace on whether the union should be removed, UE union bosses sent a letter to Spartek management disclaiming interest in continuing their control over the workplace.
Spartek employee Carl Berg filed the petition with free legal aid from the National Right to Work Legal Defense Foundation. The petition, which contained signatures from the majority of Berg’s coworkers, exceeded the 30% threshold NLRB rules require to trigger a union decertification vote in a workplace.
Because Wisconsin is a state with Right to Work protections, union officials can’t force private sector employees like those at Spartek to join the union or pay union dues as a condition of getting or keeping a job. In contrast, non-Right to Work states like neighboring Illinois and Minnesota let union officials enter into agreements with employers that compel workers to pay dues as a condition of employment.
But even in Right to Work states, federal law grants union officials the power to impose their “representation” on all workers in a unit, even those who oppose the union or voted against its presence. However, workers can choose to exercise their right to decertify a union they disapprove of.
“UE union officials hadn’t really done anything for us. After making a bunch of promises, they barely showed their faces around the workplace,” commented Berg. “I filed the decertification petition because a majority of my coworkers wanted to remove the UE union, and the fact that the union disclaimed interest so fast probably speaks to the fact that the union officials knew they hadn’t been doing a good job.”
Biden NLRB Seeks to Further Burden Workers’ Right to Decertify Unwanted Unions
In 2020, the NLRB adopted Foundation-backed policy reforms that made the union decertification process less difficult for workers. The reforms, among other things, pared back union officials’ ability to use unverified allegations of employer wrongdoing (also known as “blocking charges”) to stall a worker-requested decertification vote. However, the Biden NLRB has announced that it will soon issue a rule overturning these commonsense reforms.
The repeal of the Election Protection Rule will also let union officials shut down worker attempts to obtain a secret ballot decertification vote for a year after union officials install themselves in a workplace via the so-called “card check” process. This move will be particularly dangerous to workers’ rights now that the Biden-appointed majority on the NLRB has voted to mandate card check recognition. Under the abuse-prone card check process, union officials bypass the NLRB’s traditional secret ballot vote procedures and instead use cards collected directly from workers – often through coercive or intimidating tactics – as “votes” for unionization.
“Workers across the country are successfully exercising their right to kick out unwanted union officials, especially with Foundation aid,” commented National Right to Work Foundation President Mark Mix. “This trend is a threat to the Biden Administration’s union boss political allies, and the Administration has been pursuing a radical agenda to trap workers under unions’ so-called ‘representation’ and increase the influence and dues revenue of its favorite special interest.”
“This agenda is toxic to workers’ individual rights, and Foundation staff attorneys will continue to assist workers in defending their right to decertify a union even amidst this legal and regulatory assault,” Mix added.
National Right to Work Foundation Issues Special Legal Notice to Employees of Big Three Automakers as UAW Brass Orders Strike
Foundation notifies employees that those wishing to continue working during a strike should resign their memberships before returning to work
Detroit, MI (September 12, 2023) – The National Right to Work Legal Defense Foundation has released a special legal notice to the thousands of autoworkers who may be impacted if United Auto Workers (UAW) union officials issue a strike order this week. UAW President Shawn Fain has threatened to order workers from Ford, General Motors, and Stellantis – the “Big 3” unionized American automakers – off the job if new contracts aren’t struck by Thursday, September 14.
The Foundation’s legal notice informs autoworkers of their rights, including their right to rebuff the strike order and to keep working to support their families as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“This situation raises serious concerns for autoworkers who may believe there is much to lose from a strike and who do not want to abandon their jobs,” the notice reads. “Autoworkers have the legal right to rebuff union officials’ strike demands, but it is important for them to know their rights before they do so.”
The full notice is available at https://www.nrtw.org/uaw/.
The notice outlines the process that autoworkers should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that UAW union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships at least one day before returning to work.
“The reason is that union officials can (and often do) levy heavy fines against union members who work during a strike,” the notice says.
Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract between UAW union officials and company management. The notice encourages employees to seek free legal aid from the Foundation if they experience union resistance as they attempt to exercise any of these rights.
“UAW union bosses have a long history of throwing workers under the bus while pursuing their own interests, something made clear by the federal corruption and embezzlement probe that resulted in many of the UAW’s top brass going to prison,” commented National Right to Work Foundation President Mark Mix. “Rank-and-file workers have good reason to wonder if Shawn Fain’s combative stance and apparent eagerness to initiate a strike is really what is best for them, their careers, and their families, or rather is yet another example of UAW bosses looking out for themselves and their personal ambitions to the detriment of those they claim to represent.”
“National Right to Work Foundation staff attorneys have successfully aided many UAW-controlled employees throughout the years, and are prepared to defend autoworkers from the union boss demands that often accompany a strike order,” added Mix.
Passaic, NJ, Woodworking Employees Win Two-Year Legal Battle to Oust Unwanted Carpenters Union Officials
Patella employees’ ordeal shows how union officials trap workers in unions they oppose, yet Biden NLRB is moving to make union decertification even harder
Passaic, NJ (September 8, 2023) – Following the third attempt by employees of Passaic-based woodworking firm Patella to obtain a vote to remove them, Carpenters Local 252 union officials have backed down and abandoned the facility. The union’s disclaimer of interest, received last week by National Labor Relations Board (NLRB) Region 22, caps off a years-long legal battle between Patella employees and recalcitrant Carpenters union officials. The workers ousted the union with free legal aid from staff attorneys at the National Right to Work Legal Defense Foundation.
Patella employee Steve Urso led the effort to vote out the union, which began in July 2021 with the filing of a petition requesting an NLRB-administered vote to decertify the Carpenters union. Union officials used unverified allegations of employer misconduct, also known as “blocking charges,” to derail attempts by Urso and his colleagues to oust the union. Urso filed the most recent decertification petition near the end of August 2023, and instead of seeking to continue their control over the clearly dissatisfied Patella workers, Carpenters union officials finally moved to leave the facility.
Because New Jersey lacks Right to Work protections for its private sector workers, Carpenters union officials had the power to force Urso and his coworkers to pay at least some union dues as a condition of keeping their jobs. In contrast, in states with Right to Work laws, union bosses can’t enter agreements with employers that force employees to fork over a portion of their paychecks to the union just to get or keep a job.
Carpenters Union Used Unproven Allegations Against Management to Block Employees from Voting
“Carpenters union bosses completely ignored our wishes for years, and apparently thought violating our rights and continuing to collect dues was better than simply letting us vote on whether we thought they deserved to stay,” Urso commented. “It’s extremely unfair that Carpenters officials were able to manipulate NLRB rules and processes for as long as they did to keep us trapped under union ‘representation’ that we opposed, but we didn’t give up and we’re glad we’re finally out.”
After Urso submitted the first employee-backed decertification petition in July 2021, an election did occur, but the ballots were never tallied after Carpenters officials filed “blocking charges” against the employer. Carpenters union bosses stopped a vote from occurring at all after Urso’s second attempt, again using “blocking charges.” Patella management settled the charges in February, but afterward Carpenters union officials did not request any bargaining sessions with the employer.
The Carpenters union’s disclaimer of interest followed Urso’s third petition. Now that the NLRB has certified the disclaimer, Urso and his colleagues are finally free of the unwanted union.
Biden NLRB Seeks to Empower Union Officials While Undermining Workers Who Seek Votes
Urso and his colleagues’ hard-fought victory comes as the Biden NLRB in Washington, D.C., is attempting to make it even more difficult for workers to obtain votes to remove unwanted unions, while giving union officials more tools to gain power in a workplace without a vote. The NLRB will soon issue a final rule overturning the Election Protection Rule, a Foundation-backed 2020 reform which made commonsense improvements to the decertification process.
The Rule’s repeal will grant union officials even greater power to use “blocking charges” to stop union decertification elections from happening. The repeal will also block workers from seeking a union decertification vote for a year after union bosses attempt to impose unionization by “card check.”
The card check process lets union officials bypass the NLRB’s traditional secret ballot vote procedures and instead allege majority support by collecting union authorization cards directly from workers – often using coercive or intimidating tactics. Foundation attorneys are currently aiding a group of paramedics and EMTs in Sonora and Groveland, California, who were unionized by card check only to vote to remove Steelworkers union bosses a few months later.
“Instead of defending the individual rights of workers across the country who are seeking to vote out union officials they oppose, the Biden NLRB is instead trying to make it harder than ever for workers to obtain an election,” commented National Right to Work Foundation President Mark Mix. “As Mr. Urso, his colleagues, and countless other workers can attest, the NLRB process for workers to remove a union they oppose is already far too difficult.”
“The Biden NLRB’s continued moves to stifle worker decertification efforts demonstrate yet again that they and their union boss allies are focused on gaining greater control over workers and their pocketbooks – not on employees’ freedom of association,” added Mix.
National Right to Work Foundation Issues Special Legal Notice to Infinity Healthcare Employees Amid SEIU Strike Threat
Foundation warns workers that those wishing to continue caring for patients during a strike should resign their memberships before returning to work
Chicago, IL (September 2, 2023) – The National Right to Work Legal Defense Foundation has issued a special legal notice to the approximately 1,000 Illinois nursing home workers who may be impacted by Service Employees’ International Union (SEIU)-Healthcare Illinois union officials’ planned strike order. If SEIU officials order the strike, employees from 11 Infinity Healthcare nursing facilities in the Chicago area will be ordered off the job.
The legal notice informs Infinity Healthcare workers of their rights, including their right to not abandon their patients and to keep working despite the union-ordered strike. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“This situation raises serious concerns for healthcare employees who believe there is much to lose from a union boss-ordered strike,” the notice reads. “Employees have the legal right to rebuff union officials’ strike demands, but it is important for them to be fully informed before they do so.”
The full notice is available at www.nrtw.org/infinity
The notice outlines the process that Infinity Healthcare workers should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that SEIU union officials have no disciplinary power over workers who are not union members, and advises Infinity Healthcare employees who wish to work during the strike to resign their memberships at least one day before returning to work.
“That is the best way to avoid potential union fines and other discipline,” the notice says.
Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract with the nursing home company. The notice encourages employees to seek free legal aid from the Foundation if they experience union resistance as they attempt to exercise any of these rights.
“Infinity Healthcare employees are likely aware of the impact this strike may have on the Chicago senior population, and may rightfully question whether the upcoming union-ordered strike is really best for employees, their families, and their patients,” commented National Right to Work Foundation President Mark Mix. “Infinity Healthcare employees should know they unequivocally have the right to reject union strike orders and continue to care for those in need.”
“Any nursing facility employee who wants to exercise her or her right to rebuff SEIU union officials’ sweeping strike order should immediately contact the Foundation for free legal aid should SEIU bosses violate their legal rights,” added Mix.
Philly Good Karma Café Employees Will Soon Vote on Whether to Boot Out Workers United Union Officials
Workers United has been targeted for removal by Starbucks and other coffee employees across country; vote slated for September 7
Philadelphia, PA (August 23, 2023) – Employees at two locations of Good Karma Café, an independent Philadelphia-based coffee shop, are requesting a vote to end the Workers United union’s monopoly bargaining power over workers. Good Karma employee Marco Camponeschi submitted a petition backed by his coworkers to the National Labor Relations Board (NLRB) Region 4 in Philadelphia with free legal aid from the National Right to Work Foundation.
Camponeschi’s petition contained signatures from enough Good Karma workers to trigger a vote to remove the union (or “decertification election”) under the NLRB’s rules. NLRB Region 4 this week scheduled the election to take place on Thursday, September 7, at Good Karma’s locations on 331 S. 22nd Street and 265 S. Broad Street in Philadelphia.
Because Pennsylvania lacks Right to Work protections for its private sector employees, Workers United union officials have the power to enter into an agreement that will compel Camponeschi and his coworkers to pay money to the union hierarchy as a condition of keeping their jobs. In contrast, in states with Right to Work laws, union membership and all union financial support are strictly voluntary and the choice of each individual worker.
The Good Karma employees’ election comes as coffee employees across the country are seeking votes to remove unwanted unions from their workplaces, most notably at Starbucks. Workers United is the same union that is waging an aggressive and high-profile unionization campaign on Starbucks, bolstered by the money and resources of the gigantic Service Employees International Union (SEIU). The New York Post reported in July that Workers United spent nearly $2.5 million on hiring “salts” and other union activists. “Salts” are covert union agents who obtain jobs at nonunion firms to agitate in favor of union control, and often quit soon after the union is installed.
“After the Workers United union was installed, there was a lot of employee turnover and we soon found ourselves very short-staffed,” Camponeschi commented. “Workers United union officials have been bad for the stability of Good Karma and have not stood up for the interests of me and my coworkers, and I’m sure that a majority of my coworkers will vote to move forward without their presence.”
Coffee Employees Nationwide Seek Foundation Aid in Exercising Right to Remove Unwanted Unions
In just the past few months, Starbucks employees in Manhattan, NY, Buffalo, NY, Pittsburgh, PA, Bloomington, MN, Salt Lake City, UT, and Greenville, SC, have all sought free Foundation legal aid in pursuing decertification efforts against Workers United union bosses at the NLRB. Foundation attorneys also assisted Seattle-based Storyville Coffee Company employees in a decertification effort against United Food and Commercial Workers (UFCW) union officials in July, but UFCW bosses disclaimed interest in the unit before an election could occur, likely to avoid an unfavorable election result.
The flurry of decertification attempts at Starbucks is occurring roughly one year after Workers United union officials unionized many of the coffee chain’s employees. Workers United union officials also gained power at Good Karma last April. Federal labor law forbids workers from decertifying a union for a year after a union’s installation, meaning many coffee workers are seizing on the earliest possible opportunity to rid themselves of the Workers United union’s “representation.”
Outside of coffee shops, union decertification efforts are becoming much more common. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“Workers United union officials seem to have a penchant for rapidly expanding their control over employees without regard for their interests,” commented National Right to Work Foundation President Mark Mix. “It is thus unsurprising that coffee employees nationwide are banding together to vote Workers United out.”
“While we’re glad the NLRB plans to hold an election for Good Karma employees, it should be noted that NLRB officials across the country are blocking Starbucks employees from exercising that same right at the behest of Workers United union officials,” Mix added. “Workers should be in charge of their own right to vote out unwanted unions, and the NLRB should not stifle that right according to union officials’ whims. That’s especially important as the Biden NLRB seeks to make several rule changes which will make it harder for workers to vote out union officials.”
Greenville, SC Starbucks Employees Latest to Demand Vote to Remove SBWU Union from Workplace
One year after highly publicized unionization efforts, workers from at least five different states have begun efforts to remove SBWU
Greenville, SC (August 14, 2023) – An employee of a Starbucks Coffee location near Greenville-Spartanburg International Airport has submitted a petition to the National Labor Relations Board (NLRB), asking the federal agency to hold a vote among her colleagues to remove the Starbucks Workers United (SBWU) union from the workplace. The employee, Kacie Bory, is receiving free legal representation from National Right to Work Foundation staff attorneys.
Bory’s petition contains signatures from the requisite number of her coworkers to trigger a union decertification election under the NLRB’s rules. While South Carolina is a Right to Work state, meaning SBWU bosses can compel neither Bory nor her coworkers to pay union dues or fees as a condition of staying employed, SBWU is still empowered by federal law to impose a union contract on employees at the store who oppose the union. A successful decertification vote would strip union officials of that power.
“My coworkers and I are very disappointed with the performance of SBWU union officials. They’ve done a lousy job of communicating with me and my colleagues and also haven’t stood up for our interests in the workplace,” commented Bory. “I am confident that the majority of my colleagues will vote to send SBWU officials packing and we hope that the union will not try any legal maneuvers to derail this election.”
Greenville Starbucks Workers Join Burgeoning Worker Movement Against SBWU
Bory and her coworkers’ effort is the latest in a chain of SBWU decertification pushes across the country. In just the past few months, Starbucks employees in Manhattan, NY, Buffalo, NY, Pittsburgh, PA, Bloomington, MN, and Salt Lake City, UT, have all sought free Foundation legal aid in pursuing their decertification petitions at the NLRB.
The flurry of decertification attempts is occurring roughly one year after SBWU union agents engaged in an aggressive unionization campaign against the coffee chain’s employees. Federal labor law forbids workers from decertifying a union for a year after a union’s installation, meaning many workers are seizing on the earliest possible opportunity to rid themselves of the SBWU union’s “representation.”
A potential motivating factor for many of the Starbucks workers currently seeking to oust the SBWU lies in the fact that the union’s campaign on Starbucks included the hiring of “salts.” “Salts” are covert union agents that obtain jobs at non-union workplaces solely for the purpose of agitating in favor of union control. The New York Post reported in July that, according to a Labor Union News report, SBWU spent nearly $2.5 million on seeding Starbucks locations with “salts” and other activists.
Outside of Starbucks, union decertification efforts are becoming much more common. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
However, union officials have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unrelated or unverified charges against management. SBWU officials at the Greenville Starbucks have already filed a motion seeking the dismissal of Bory and her coworkers’ petition, which Foundation attorneys are opposing.
“The well-funded and highly politicized campaign to install union power at Starbucks is fast unravelling, as more and more workers are discovering that their interests deviate from those of union organizers, many of whom left soon after installing the union,” commented National Right to Work Foundation President Mark Mix. “While SBWU officials nationwide are using every trick in the book to try to block the workers they claim to ‘represent’ from voting on whether the union deserves to stay, Foundation staff attorneys will continue to fight for the exercise of this essential free choice right.”
Southwest Airlines Faces Second Round of Sanctions in Litigation Over Flight Attendant’s Discriminatory Firing at Union Behest
Company already faced sanctions for not making witness available for deposition, now faces discipline for misleading employees about judge’s order
Dallas, TX (August 14, 2023) – The U.S. District Court for the Northern District of Texas last week issued a second round of sanctions against lawyers from Southwest Airlines, stemming from a federal discrimination case in which flight attendant Charlene Carter sued both the airline and the Transport Workers Union (TWU) Local 556 for firing her over voicing religious objections to the union’s political stances. Carter, who is receiving free legal representation from National Right to Work Foundation staff attorneys, received a $5.1 million jury verdict in her case last June and a favorable court ruling last December.
District Court Judge Brantley Starr’s current order results from a motion for sanctions Carter’s attorneys filed in December 2022. Carter’s motion contended that Southwest management, in the wake of the December ruling against the airline, had failed to follow the District Court’s instructions to inform flight attendants that the airline “may not discriminate” against flight attendants on the basis of religion, and had instead issued a “Recent Court Decision” notice to flight attendants stating the airline “does not discriminate” on the basis of religion. Carter’s December motion argued that Southwest further breached the Court’s instructions by subsequently issuing an “Inflight Information On the Go” memo to flight attendants, conveying the airline would scrutinize their union-related and religious speech in the same way it did with Carter.
Judge Starr’s order from last week granted Carter’s motion for sanctions and castigated Southwest’s lawyers for blatantly ignoring the court’s instructions.
“…Southwest’s notice communicated that there’s nothing to see here—aside from the Court’s bequeathing Southwest a badge of honor for not discriminating (which the Court did not do). Not content with merely inverting the Court’s notice, Southwest also sent a memo to its flight attendants the same day, stating that its employees must abide by the types of policies over which Southwest fired Carter and that it believed its firing of Carter was justified because of those policies,” Judge Starr’s order reads. “It’s hard to see how Southwest could have violated the notice requirement more.”
“…Southwest devoted diligence and energy only to circumventing the Court’s order—not to complying with it,” reads the order, rejecting a substantial compliance defense proffered by Southwest’s lawyers. “The…documents with privileged information indicate that decision was willful—not accidental.”
Southwest Already Faced Sanctions for Not Making Witness Available
Judge Starr’s order this week, which Southwest says they will appeal, is not the first time Southwest has faced discipline for its conduct during this litigation. In November, the District Court slammed the airline with sanctions after it failed to make flight attendant Brett Nevarez available for a deposition in the case.
According to the November order granting sanctions against Southwest, the airline’s management did not modify Nevarez’s flight schedule so he could actually attend the deposition. “[T]he Court didn’t order Defendants to sternly exhort Nevarez. It ordered Defendants to ‘ma[k]e [him] available . . . for deposition.’ Defendants didn’t rearrange Nevarez’s flight schedule or otherwise take any action to ensure his availability,” the order said.
“Thus, the Court concludes that Defendants violated its discovery order to make Nevarez available for his deposition,” read the order.
“Southwest’s repeated recalcitrance toward following court orders is shameful but not particularly surprising,” commented National Right to Work Foundation President Mark Mix. “The airline’s management already cooperated with TWU union bosses in the discriminatory and illegal firing of Charlene Carter, so it was obvious long before the sanctions that the company is willing to flout the law and undermine the rights of its employees.”
“Hopefully the court’s most recent order provides hope to other independent-minded workers that their right to express their religious dissent against union and company political agendas cannot so easily be waved away,” Mix added.
New Flyer Employee Slams CWA Union with Federal Charges, Claims Union Lied to Employees to Attain “Majority Status”
Following suspect ‘card check,’ union bosses seek to invalidate worker-backed petition for secret ballot vote to oust union
Shepherdsville, KY (August 9, 2023) – An employee of bus manufacturer New Flyer has filed federal charges against his employer and the Communications Workers of America (CWA) union, maintaining that CWA officials illegally imposed union control over him and his coworkers despite the union lacking a demonstrated majority support among the workers. The employee, Gregory Mabrey, filed his charges at National Labor Relations Board (NLRB) Region 9 in Cincinnati with free legal aid from the National Right to Work Legal Defense Foundation.
Mabrey’s charges explain that CWA union officials gained power in his workplace through a process called “card check,” which bypasses the NLRB’s standard secret ballot election process for installing a union. Under card check, employees are denied the right to vote in private on whether they want the union in the workplace, and union officials can instead claim majority status by demanding union authorization cards directly from workers.
The card check scheme’s lack of privacy exposes workers to a variety of coercive behaviors from union officials who are seeking to collect cards from a majority of employees in a work unit. Workers often report being told signing the card only requests “more information” about the union or serves some other purpose, even though the card will be equivalent to a “vote” in favor of union representation. Workers have also experienced threats and unwanted home visits during card check campaigns.
Cards Union Bosses Used to Support “Majority Status” Claims Had Multiple Problems
Mabrey’s unfair labor practice charges report that his employer, New Flyer, recognized the CWA union despite multiple flaws with the union’s card check claim of majority status. The charges state that union officials “misrepresent[ed] to employees that the cards were for a single, restricted purpose other than to designate the Union as their representative,” and that “the Employer and CWA relied on authorization cards that employees revoked or cancelled prior to the date of recognition.”
To make matters even worse, the charges also point out that “the card check was based on a unit of employees that was smaller than the Employer-recognized bargaining unit.” This means that, even if CWA bosses hadn’t made misrepresentations or relied on cards that workers had actually revoked, the number of cards they submitted to support their claim of majority status may have been too small, even under the coercive card check regime.
Mabrey’s charges seek an NLRB prosecution of the union and employer for their respective roles in illegally granting CWA union officials monopoly bargaining powers over his coworkers.
NLRB Blocks Workers’ Attempt to Vote Out the Union, Even Amid Deception
Mabrey’s charges come as another New Flyer employee, Megan Sowder, is pressing for the NLRB to accept an employee-backed petition she submitted to the NLRB in June that asks for a secret ballot vote to remove the CWA union. Sowder sought to take advantage of a Foundation-backed reform the NLRB adopted in 2020, which gives workers a 45-day window to file for a secret ballot election after an employer notifies employees that it has recognized a union pursuant to a card check.
Filing for a secret ballot vote in this way counters the NLRB’s so-called “voluntary recognition bar,” which normally locks workers under union power for up to a year or more after a card check recognition.
However, as the Request for Review filed by Sowder’s Foundation staff attorneys points out, NLRB Region 9 wrongly dismissed Sowder’s petition. Although Sowder submitted the requisite number of signatures twice to support her petition for a decertification election (30% or more is required to trigger a vote), NLRB Region 9 dubiously claims that Sowder collected the signatures “too early” and that an arbitration meeting that modifies the unit also nullifies the petition. NLRB Region 9 even claims that it never received all the signatures, despite Sowder’s evidence of faxing them directly to NLRB Region 9.
“The Region’s error has caused severe prejudice to Sowder and the bargaining unit employees’ rights under [the National Labor Relations Act], and review should be granted to correct that error,” Sowder’s Request for Review to the full National Labor Relations Board in Washington, D.C., states.
Biden NLRB Plans to Eliminate Workers’ Ability to Challenge “Card Check” Drives
The New Flyer employees’ cases come as the Biden NLRB is poised to issue a final rule as soon as this month to overturn the 2020 Foundation-backed reforms that allow workers to challenge the imposition of union monopoly bargaining power via card check with a secret ballot election. Foundation attorneys filed comments opposing the Biden NLRB’s proposed rule to nix these provisions.
“This situation demonstrates exactly how rank-and-file workers’ rights will be further trampled if the Biden NLRB moves forward with its attempt to expand union bosses’ card check power and simultaneously restrict workers’ statutory right to hold decertificiation votes to remove unwanted unions,” commented National Right to Work Foundation President Mark Mix. “Even absent the misrepresentations CWA union bosses made to foist union so-called ‘representation’ on workers, such card check drives are inherently prone to union pressure tactics that would be grounds for invalidating an NLRB-supervised vote.”
“Meanwhile, despite a lack of evidence of true majority support, the NLRB has improperly denied two submissions of valid employee signatures from workers simply asking for a vote to challenge the invalid card check recognition,” added Mix. “It is not too late for the Biden Board to stop its rulemaking to eliminate the Election Protection Rule, and give rank-and-file workers some hope that their statutory right to decertify a union they oppose will not be steamrolled by the NLRB’s desire to protect incumbent union power.”
It’s Official: Oregon Masami Foods Workers’ Vote to Oust UFCW Union Officials is Certified
Despite union legal tactics delaying the certification of an NLRB decertification election, Masami Foods workers are free of unwanted union
Klamath Falls, OR (August 3, 2023) – A vote by workers at Masami Foods in Klamath Falls to remove United Food and Commercial Workers (UFCW) Local 555 union officials’ forced representation powers has been certified. A petition filed by employee Scott Child with the National Labor Relations Board Region 19 (NLRB) led to this successful vote. Child received free legal aid from the National Right to Work Legal Defense Foundation.
Child and his coworkers at Masami Foods filed for a decertification vote on March 2, 2023. Under federal labor law, workers can trigger such a decertification vote with the support of at least 30% of workers in a unionized workplace. The NLRB then scheduled a vote for May 11, 2023.
On May 11, Masami employees made their position on the union clear, voting 54-25 to remove the union from their workplace. However, UFCW union officials had previously filed a number of “blocking charges,” presumably to delay the NLRB’s certification of the results. As a result of these blocking charges, the vote certification was delayed until August 1, 2023, when the NLRB Regional Director certified the election results.
The case is an example of how the NLRB’s union decertification process is prone to union boss-created roadblocks. Foundation-backed reforms the NLRB adopted in 2020 made it somewhat easier for workers to remove unwanted union officials. However, the Biden NLRB is attempting to roll back these protections and make it much harder to decertify a union.
For example, the 2020 reforms blocked union officials from resubmitting overlapping charges, which often contain unverified and unrelated allegations of employer actions and delay the process further. Had these reforms not been in place, the three-month delay for these workers could have been extended much longer, possibly effectively indefinitely.
The Masami Foods decertification is another example of a growing movement among workers to remove incumbent unions from their workplace. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“We are honored to have been able to help the Masami Foods workers exercise their rights under federal law to remove a union they clearly, overwhelmingly, oppose,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “While the outcome is favorable, the union-instigated delays in certifying the results of the decertification vote highlight the lengths UFCW officials are willing to go to in order to maintain control over workers, even those who clearly want nothing to do with them.”
“The blocking charge tactics used by UFCW union officials in this case demonstrate how wrong it would be if and when the Biden NLRB reverses the Election Protection Rules that cut back on such ‘blocking charge’ abuses,” continued Mix. “Without those modest 2020 reforms, these workers would almost certainly still be trapped in union ranks they oppose with no end in sight.”
Employee Advocate Blasts Fourth Circuit Decision Giving ILA Union Power to Force Out Nonunion Workers at Charleston’s Leatherman Terminal
National Right to Work Foundation offers free legal aid to union-free workers whose jobs are threatened as the result of Biden NLRB ruling
Washington, DC (July 28, 2023) – The National Right to Work Foundation today blasted the Fourth Circuit Court of Appeals’ 2-1 decision in South Carolina Ports Authority v. National Labor Relations Board (NLRB). The decision upheld an NLRB reversal of an Administrative Law Judge’s ruling that the International Longshoremen’s Association (ILA) union’s actions violated federal law.
By embracing the Biden NLRB’s nearly limitless definition of “work preservation,” the Court of Appeals decision has greenlighted the ILA union’s scheme to sue any carrier that attempts to utilize Charleston, SC’s Hugh K. Leatherman Terminal until the union gains control of every job at the port.
Foundation President Mark Mix issued the following statement criticizing the ruling:
“By accepting the NLRB’s contorted definition of ‘work preservation’ to allow ILA union officials to gain control over port jobs that have never been under union control, the 2-1 Fourth Circuit decision has put the jobs of hundreds of union-free South Carolina state employees at Charleston’s Leatherman Terminal on the chopping block. It is outrageous that these jobs, created with the investment of over $1 billion in South Carolina taxpayer dollars, will now be handed over to ILA union bosses to protect their monopoly on port jobs that stretches from Texas to Maine.
“The South Carolina state port workers at Leatherman Terminal, whose jobs are under attack because of this decision, should reach out to the National Right to Work Foundation for free legal aid so they can explore their full legal options to defend their jobs and work opportunities.”
Union’s Aggressive Pursuit of Monopoly Power Will Lead to Hundreds Losing Their Jobs
In South Carolina Ports Authority v. NLRB, the Port Authority is challenging the Biden NLRB’s ruling (now affirmed by the Fourth Circuit’s split decision) that approved the ILA’s gambit to gain control of the Leatherman Terminal’s crane lift equipment jobs. That work is currently performed by state employees free from the union’s control, and those state employees have performed this work for the Port Authority for many years.
The Foundation, a nonprofit legal organization that provides free legal aid to employees facing compulsory unionism abuses, submitted a legal brief in the case in April, noting that “the inevitable result of the National Labor Relations Board’s erroneous 2-1 decision will be devastating to Charleston, South Carolina port workers who have chosen to work as non-union employees for the State of South Carolina or its Port Authority.”
The brief spelled out the consequences of the ILA union’s maneuver for Leatherman’s 270 state employees, who are protected by state law from monopoly union control. It explains that South Carolina spent over $1 billion to develop the terminal, but because of the ILA’s aggressive attempts to enforce its alleged monopoly at the port, “the only way for South Carolina’s $1 billion Leatherman Terminal to be usable would be for the State to turn the facility over to a private employer with an ILA contract and discharge the 270 State employees.”
The devastating effects for current employees wouldn’t stop there if the ILA is victorious in the case, the brief argued. The brief pointed out that, even if fired state workers were to seek new employment at Leatherman with a private contractor under the union’s control, the ILA would prioritize those workers far below existing union members because of union seniority provisions and hiring hall referral rules.
As the brief noted, the ILA union has an extensive history of exploitation. The New York Daily News reported in 2022 that ILA chiefs negotiated deals by which mob-linked longshoremen in the New York/New Jersey area could get paid for 27 hours of “work” per day. The ILA hierarchy organized such arrangements while trying to shut down ports like Leatherman which allow both unionized and union-free workers to work side-by-side.
