Fenway Worker Wins Too: Ballpark Worker Wins Back Pay After Being Illegally Fired for Resigning from Union
Vendor at Fenway Park receives back pay after federal labor charges following his termination for exercising legal right to refrain from union membership
Boston, MA (October 29, 2018) – With free legal aid from the National Right to Work Legal Defense Foundation, a service worker at Fenway Park in Boston has secured back pay for lost wages after he was fired for exercising his legal right to resign from formal union membership.
The worker is an employee of food service provider Aramark, which is contracted to provide vending services for the Red Sox at Fenway. According to charges filed with the National Labor Relations Board (NLRB), he was fired for resigning from the Service Employees International Union (SEIU) Local 32.
Under the National Labor Relations Act (NLRA), employees have the right the refrain from union membership and activities. Although Massachusetts is not a Right to Work state and does not protect employees from being forced to pay union fees to keep their jobs, it is illegal under the NLRA for an employer to discriminate or terminate an employee for exercising his legal right to resign from the union.
As is his legal right, in August, he resigned his union membership with SEIU only to be informed of his termination. Soon after, he reached out for free legal aid from National Right to Work Legal Defense Foundation staff attorneys who filed a federal unfair labor practice charge with the NLRB for the wrongful termination due to the illegal forced membership demand.
After the charges were filed, Aramark representatives quickly backed down and reinstated his employment rather than be liable for the wages he lost as a result of an illegal termination. Later, he received nearly $300 in back pay for the two work days he lost before being reinstated.
“In a home run for worker freedom, a Fenway Park vendor has now received recompense after he was wrongfully fired simply for exercising his legal right to refrain from union membership,” said Mark Mix, President of the National Right to Work Legal Defense Foundation. “Unfortunately, until Massachusetts passes a Right to Work law making union membership and financial support completely voluntary, we will continue to see workers victimized by greedy union bosses and compliant employers willing to threaten workers for union officials.”
Teamsters Hit with Federal Charge for Attack on Sysco Foods Employee Collecting Petitions Opposing Union
Teamsters agents snatched petitions of workers opposed to Teamsters, refuse to return employees’ petitions, are illegally using list to intimidate workers
Calera, AL (May 3, 2019) – Sulane Lowery, an employee of Sysco Foods of Central Alabama, filed a federal unfair labor practice charge with the National Labor Relations Board (NLRB) against the International Brotherhood of Teamsters and Teamsters Local 612 for violating his and his colleagues’ rights under the National Labor Relations Act.
The charge, filed with free legal aid from the National Right to Work Legal Defense Foundation, details how Teamsters agents violated his rights by physically intimidating Lowery and seizing the petitions he was collecting to oppose the imposition of the Teamsters’ monopoly “representation” on his workplace.
According to the NLRB charge, the Teamsters have targeted workers at the Sysco warehouse where Lowery is employed for Teamsters monopoly representation. Lowery, not wanting to be forced under a one-size-fits-all Teamsters union contract, organized a counter petition drive in opposition to the Teamsters.
According to Lowery’s charge, while he was gathering the petitions from his coworkers several Teamsters agents “ripped from his hands the petitions he was collecting” and proceeded to steal employee information they contained. The attack is believed to be caught on tape by security cameras.
The seized petitions were never returned. The charge notes that the information on the illegally seized petitions continue to be used to unlawfully threaten, restrain, and coerce the workers who are opposed to unionization by the Teamsters.
The charge will now be investigated by the NLRB Region 10 Director, based in Atlanta, Georgia.
“Sulane Lowery is simply exercising his right to oppose Teamsters monopoly unionization, but rather than seeking to convince workers to voluntarily affiliate with their union, Teamsters bullies have resorted to physical intimidation and coercion,” observed National Right to Work President Foundation Mark Mix. “Given Teamsters union bosses’ well-deserved reputation for using violence to shut down dissent, it is critical that the NLRB quickly prosecute the Teamsters for this blatantly illegal behavior.”
UConn Professor Refunded Over $5,000 in Union Fees Seized in Violation of his First Amendment Rights
Supreme Court’s Janus decision leads AAUP union officials to quickly settle civil rights lawsuit filed by UConn School of Business accounting professor
Storrs, CT (April 24, 2019) – National Right to Work Legal Defense Foundation staff attorneys have secured a victory for a University of Connecticut School of Business professor who filed a lawsuit in January seeking the return of forced union fees seized from him by union officials in violation of his First Amendment rights.
Under the settlement, the American Association of University Professors union (AAUP) has returned $5,251.48 in unlawfully obtained union fees to accounting professor Steven Utke. Union officials were forced to settle because of the Supreme Court’s decision in Janus v. AFSCME, a 2018 Foundation-won case that found that any mandatory union payments taken from public employees without their consent violate their First Amendment constitutional rights.
Since Utke was hired by the university in 2015, AAUP, which has monopoly bargaining powers over all professors, including those opposed to union representation, deducted fees from Utke’s paycheck. Utke was not a member of the AAUP, and further never consented to have the money deducted from his paycheck.
Eventually Utke, with free legal representation from National Right to Work Foundation staff attorneys, filed a federal lawsuit in the United States District Court for Connecticut on January 14, 2019, on the grounds that AAUP officials had infringed his First Amendment rights. The suit cited the Janus v. AFSCME decision, which declared that forced fees for government employees constitute coerced speech and are thus unconstitutional.
Janus v. AFSCME, which was decided in June of 2018, overturned the wrongly-decided 1977 decision in Abood v. Detroit Board of Education that public-sector workers could be compelled as a condition of employment to pay union fees for bargaining-related purposes. In Janus, the Court ruled that it is unconstitutional to require government workers to pay any union dues or fees as a condition of employment, because bargaining with the government is political. Additionally, the Court clarified that no union dues or fees can be taken from workers without their affirmative consent and knowing waiver of their First Amendment right not to financially support a labor union.
Rather than face Foundation staff attorneys in court, AAUP backed down and settled the case earlier this month. Now, as stipulated by the terms of the settlement, AAUP officials have returned to Utke almost four years of union fees seized in violation of his rights plus interest. They further pledged not to collect any dues or fees from Utke’s future wages unless he affirmatively chooses to become a member of AAUP and authorizes such deductions.
“Steven Utke joins the growing ranks of workers across the country who, citing the Janus precedent, are receiving refunds for the forced union fees seized from them by greedy union officials in violation of the First Amendment,” commented National Right to Work Foundation President Mark Mix. “Unfortunately, tens of thousands of other public employees are still waiting for the refunds they should get, with Foundation staff attorneys continuing to litigate numerous such cases.”
Foundation staff attorneys secured the first-in-the-nation refund of forced union dues after Janus for Oregon Department of Fish and Wildlife employee Debora Nearman, and subsequently have won similar refunds for public employees elsewhere.
The Foundation has created a special website, MyJanusRights.org, to assist public employees in exercising their rights under Janus, which was successfully argued by National Right to Work Foundation staff attorney William Messenger.
National Right to Work Foundation Offers Free Legal Aid to VW Chattanooga Workers Targeted for Unionization by UAW Officials
Scandal-ridden Detroit-based union was rejected by workers in 2014 vote
Chattanooga, Tenn. (April 15, 2019) – The National Right to Work Legal Defense Foundation, a nonprofit organization dedicated to helping workers protect their rights against compulsory union abuses, is offering free legal aid to employees at Volkswagen’s Chattanooga, Tennessee plant. The offer comes as United Auto Workers (UAW) union officials once again attempt to force workers at the plant into the union’s monopoly bargaining ranks.
UAW organizers attempted to unionize the facility’s workers five years ago, even demanding that the company install the union through a coercive union card check. However, when the VW workers eventually held a secret ballot vote they rejected UAW representation 712-626. Foundation staff attorneys provided free legal aid to VW workers both before and after the 2014 vote, including in defending the result of the vote after UAW lawyers moved to overturn the union’s defeat at the National Labor Relations Board.
Foundation staff attorneys also assisted VW workers in filing charges, citing improprieties in the UAW’s card check campaign in Chattanooga, which included union attempts to get workers to sign union authorization cards through coercion and misrepresentation and the UAW’s use of cards signed too long ago to be legally valid.
To guard against similar improprieties surrounding the proposed election now sought by union organizers, the Foundation is once again offering free legal aid to VW Chattanooga team members. Additionally, Foundation staff attorneys have created a special legal notice to the workers explaining their legal rights. That notice can be found on the Foundation’s website here.
Regarding UAW officials’ renewed push for union monopoly bargaining powers over the Volkswagen Chattanooga employees, National Right to Work Foundation President Mark Mix offered the following comments:
“UAW boss demands that both Volkswagen and the community be silent suggests they are scared that if workers get all the facts the workers will want nothing to do with this scandal-ridden union. Just days ago a federal judge labeled the UAW a ‘co-conspirator’ in a corruption and embezzlement scandal that has already resulted in numerous UAW officials being sent to prison for their role in illegally stealing workers’ training funds. The UAW’s desire to hold this vote as quickly as possible is apparently an attempt to make workers vote without the full facts and before the next embarrassing development in the union’s ever-expanding corruption scandal.”
Special Legal Notice to Employees Represented by the Machinists union (IAM) or the Transportation Communications Union (TCU)
If you are a nonmember of the Machinists union (IAM) or the Transportation Communications union (TCU) paying dues or “agency fees” to keep your job, you are entitled to claim a permanent reduction in your IAM or TCU dues. For calendar year 2011, the IAM admits that 30.62% of International union dues, 14.67% of district lodge dues and 12.24% of local lodge dues are being spent on political, ideological and other non-representational activities for which no employee can be required to pay. For TCU, the figures call for a reduction in calendar year 2011 of 30.62% of International union dues and 11.22% of TCU fees.
According to the "Notice" published in the Fall 2010 issue of the "IAM Journal," you can claim this permanent reduction by sending a letter postmarked during the month of November, 2010, to:
Warren L. Mart, General Secretary Treasurer
International Association of Machinists & Aerospace Workers
9000 Machinists Place
Upper Marlboro, MD. 20772-2687
Your letter can be short and simple, and needs only to state that you are a nonmember represented by the IAM or TCU, and that you object to paying for the unions’ political and other nonrepresentational activities. Include your name, home address, name of your employer, and the Local Lodge number of the union that represents your bargaining unit, if you know it.
IMPORTANT NOTE: In order for you to make this a permanent and continuing objection, your letter should include a line stating that "my objection is permanent and continuing in nature unless and until revoked by me." Under a recent NLRB decision in IAM and IAM Local Lodge 2777 (L-3 Communications Vertex Aerospace), 355 NLRB No. 174 (2010), the IAM is required to accept and process permanent and continuing objections, but you must specify this or your objection will be cancelled after one year and you will have to renew it next November.
Further note: If you are now a member of the IAM or TCU, you need to resign your membership in order to claim this dues reduction, since these unions do not allow members to receive the dues reduction. Click here for additional information on resigning and objecting.
If you have any questions or comments or need help concerning these matters, you may contact us via e-mail at legal@nrtw.org, or by phone at 1-800-336-3600.
Worker Advocate Offers Legal Aid to Wisconsin Workers Seeking to Exercise Rights under New Right to Work Law
Washington, DC (March 10, 2015) – The National Right to Work Foundation is offering free legal aid to Wisconsin private-sector workers seeking to exercise their right under Wisconsin’s newly-enacted Right to Work law to refrain from union membership and union dues payments.
On Monday, Governor Scott Walker signed the nation’s newest Right to Work law, effective Wednesday, March 11, 2015. Under the law, workers will no longer be required to pay union dues as a condition of employment once the current union monopoly bargaining agreement in their workplace expires.
The National Right to Work Foundation has a long history of assisting employees seeking to exercise their Right to Work rights, most recently under Right to Work provisions enacted in Indiana and Michigan. Foundation attorneys also provided free legal representation to Wisconsin public-sector employees who sought to refrain from paying union dues or fees under Walker’s 2011 public-sector union reforms, commonly referred to as “Act 10.”
Mark Mix, president of the National Right to Work Foundation, issued the following statement:
“No worker should ever be forced to join or pay dues to a union as a condition of their employment. That is why Wisconsin’s new Right to Work law is a great advance for worker freedom. Today, workers in Wisconsin finally have Right to Work protections.
“Unfortunately, union officials won’t give up their forced dues power easily. In addition to fighting Governor Walker in court, it won’t be surprising to see them make it difficult for workers to exercise their rights. Workers who try to exercise those rights may encounter stonewalling, intimidation, or harassment at the hands of union officials.
“In response, the National Right to Work Legal Defense Foundation, a charitable organization that provides free legal assistance to employees nationwide, has created a special task force to defend workers seeking to exercise their Right to Work.
“Affected employees are encouraged to call the Foundation’s legal hotline toll-free at 1-800-336-3600 or contact the Foundation through its award-winning website at www.nrtw.org.”
The National Right to Work Foundation issued a special legal notice to Wisconsin workers, which can be viewed here: www.nrtw.org/WisconsinRTW.
National Right to Work President Issues Statement Offering Free Legal Aid to Verizon Workers Ordered to Strike by Union Bosses
Special Legal Notice informs workers that they have the right to remain on the job in spite of union boss ordered strikes
Springfield, VA (April 12, 2016) –The National Right to Work Legal Defense Foundation issued a special legal notice to the nearly 40,000 Verizon Communications Inc. workers who, according to reports, have been ordered by Communication Workers of America (CWA) and International Brotherhood of Electrical Workers (IBEW) union bosses to strike beginning April 13.
Mark Mix, President of the NRTW Foundation, issued the following statement:
"All too often union bosses initiate strikes to further their own power even if striking is not in the best interest of rank-and-file workers. Affected workers need to know that federal labor law is clear: any worker has the right to remain on the job during a strike if the business remains open. Further, all workers have the right to resign union membership and revoke their dues checkoff authorizations.
However, to protect their rights and prevent union officials from retaliating against them in the form of internal union discipline, workers must follow certain procedures. To help workers understand their workplace rights in a strike situation, the Foundation has posted a special notice for Verizon workers who have been ordered to strike.
Although workers have the right to continue working or return to work despite the union official-ordered strike, it is important that any worker who wishes to work during a strike resign his or her union membership before returning to work to avoid internal union discipline, including fines that have been as high as $50,000.
It is very important that affected workers understand their rights, and that they may turn to the Foundation for free legal aid if they encounter union boss resistance when trying to exercise those rights."
Also, workers who see or encounter violence on the picket lines should contact and report such incidents to the Foundation. Workers may contact the Foundation through its website www.NRTW.org or by calling the Foundation’s toll-free hotline: 1-800-336-3600. The Foundation’s special legal notice for Verizon workers may be found here.
National Right to Work Foundation Offers Free Legal Aid to Boeing Employees Facing Vote over IAM Monopoly Union Powers
Foundation staff attorneys previously represented South Carolina Boeing workers against IAM officials who sought to close the North Charleston plant
Springfield, VA (January 26, 2017) – The National Right to Work Legal Defense Foundation has released a special legal notice for Boeing workers at the North Charleston, SC plant in light of the recent announcement that IAM officials were moving to initiate a vote to impose monopoly control over all frontline employees at the facility.
Mark Mix, President of the National Right to Work Legal Defense Foundation released the following statement regarding the notice and offer of free legal aid:
“In 2011, IAM union officials sought to eliminate thousands of jobs in South Carolina by filing spurious unfair labor practice charges with the NLRB seeking to shutter the North Charleston facility. In light of the IAM union bosses’ history of denigration and antipathy towards the Charleston workers, the Foundation is deeply concerned that IAM union organizers’ may use intimidation tactics or other illegal conduct in the run up to the vote.
“That is why it is vital that every Boeing South Carolina employee know they can request free legal assistance from the National Right to Work Legal Defense Foundation. Foundation staff attorneys previously provided legal representation to Boeing employees to successfully defend their jobs against demands by IAM officials that the plant be closed.”
The legal notice details what is at stake in the vote and offers free legal aid to employees facing possible illegal conduct by IAM officials or their agents. The full notice can be found online at: www.nrtw.org/BoeingSC
Affected employees may also call the Foundation’s legal hotline toll-free at 1-800-336-3600 or contact the Foundation online at https://nrtw.org/free-legal-aid to request free legal assistance.
Special Notice to Public Employees: How to Protect Your Rights in Advance of Ruling in Janus v. AFSCME Supreme Court Case
National Right to Work Foundation offers free legal aid to public sector employees ahead of court case that could end forced union fees
Washington, DC (October 24, 2017) – On September 28, the United States Supreme Court agreed to hear Janus v. AFSCME, which challenges mandatory union fees for public employees as a violation of the First Amendment. If the High Court agrees with Janus and his Foundation staff attorneys, the ruling would create a precedent protecting every public employee from being forced to subsidize union activities, including teachers, police officers and firefighters who currently pay mandatory dues or fees.
Mark Janus, an Illinois civil servant childcare worker, filed the case with free legal aid from the National Right to Work Legal Defense Foundation and the Illinois-based Liberty Justice Center. Oral arguments in the case are expected to occur in January 2018 with a ruling most likely in June 2018. National Right to Work Foundation staff attorney William Messenger will argue for Janus at the U.S. Supreme Court.
Fearing a ruling against forced union dues, union officials nationwide are already responding with schemes designed to limit the ability of workers to utilize a ruling that they can no longer be required to pay union dues or fees. In some instances union organizers are pushing workers to sign cards that authorize dues payments in perpetuity “irrespective of union membership” unless the worker revokes the authorization in a union-determined two week period.
Although Foundation staff attorneys question the legality of such cards, the special legal notice reminds workers that signing such a card could limit their legal options later. Workers should be very cautious about signing anything from a union, no matter the reason union officials give. In many documented instances, especially during coercive union card check campaigns, union organizers have solicited signatures under misleading or false pretenses.
The full notice can be found online at: https://nrtw.org/Janus-Legal-Notice
Mark Mix, President of the National Right to Work Legal Defense Foundation released the following statement regarding the notice and offer of free legal aid.
“Unfortunately, there is a long history of union officials refusing to accept limits on their forced dues powers. Rather than respect the decisions of workers who do not want to subsidize union activities, invariably after Foundation-won legal precedents or enactment of state Right to Work laws, union officials attempt to block the very workers they claim to represent from exercising their rights.
“Given that a Foundation win in the Janus case could free 5.2 million teachers and other public employees from forced union payments, it is not surprising to see that Big Labor is already working overtime to prevent workers from escaping forced dues. In response, Foundation staff attorneys have issued a special legal notice, warning workers against signing any new dues authorizations that could later limit their options. Every worker should know they can turn to the National Right to Work Legal Defense Foundation for free legal assistance and advice in their battle against Big Labor.”
