SAG-AFTRA Union Officials Slammed with Federal Labor Charges After Threatening Unlawful Union ‘Discipline’ against 12-Year-Old Girl
Union officials violate girl’s legal rights by initiating proceedings against her for filming a nonunion commercial, even though she was not a union member
Los Angeles, CA (January 28, 2020) – With free legal aid from National Right to Work Legal Defense Foundation staff attorneys, 12-year-old actress Aundrea Smith filed unfair labor practice charges against the Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) union for violating her legal rights under federal labor law.
Smith filed charges with the National Labor Relations Board (NLRB) after union officials initiated internal union proceedings and threatened to impose union “discipline” – likely a fine – on Smith for filming a nonunion commercial, even though she was not a union member at the time. The National Labor Relations Act (NLRA) prohibits union officials from imposing union “discipline” on nonmembers.
Smith did join SAG-AFTRA in April 2019, one month after filming the commercial, but subsequently resigned her union membership upon learning of her rights under the NLRA in August 2019. The NLRA provides that an individual cannot be forced to join a union just to get or keep a job and guarantees individuals the absolute right to resign their union membership whenever they choose.
Earlier this month, Communication Workers of America (CWA) union officials were forced to settle a similar case with Florida worker Jared Brewer, who is employed by AT&T. Union officials refused to acknowledge Brewer’s union membership resignation while on military leave. Then union officials unlawfully attempted to impose union “discipline” on Brewer for returning to work during a work stoppage, even though he had already resigned as a union member.
“The NLRB must intervene to halt this blatant and unlawful abuse of power by SAG-AFTRA union officials against this young actress,” said National Right to Work Foundation President Mark Mix. “We’re proud to stand with Aundrea who is standing up for her rights against this shameful bullying by union bosses.”
AT&T Employee Hits CWA Union with Unfair Labor Practices Charges for Violating Rights During Military Leave
Union officials refused to allow worker to resign his union membership and attempted to fine him for exercising his legal rights
Jacksonville, FL (November 25, 2019) – With free legal aid from the National Right to Work Legal Defense Foundation, AT&T employee Jared Brewer has filed unfair labor practice charges at the National Labor Relations Board (NLRB) against Communications Workers of America (CWA) Local 3106 for violating his legal rights. Brewer charges that CWA union officials illegally refused to accept Brewer’s legitimate request to resign his union membership and later used that as grounds to fine Brewer after he had resigned from the union.
Brewer was on military leave when union officials called for a strike in August 2019. He sent an email to union officials in which he resigned his union membership. Instead of respecting his legal right to resign at any time, a union representative falsely told him that his resignation letter was “untimely.” Brewer returned to work and sent a certified letter containing the same resignation language.
Then in an October letter, union officials told Brewer that they were bringing charges against him in an internal union “trial” for exercising his right to work despite the union-initiated work stoppage. Brewer did not attend the November 7 “trial” because he had already resigned his union membership and therefore could not legally be subject to union disciplinary procedures.
Union officials notified Brewer on November 15 that the union had found him guilty at its “trial” and imposed a fine of more than $700. Union officials threatened him with legal action if he did not pay the fine within 21 days.
Brewer’s unfair labor practice charge alleges that union officials violated his legal rights under the National Labor Relations Act (NLRA) by attempting to discipline and fine him as a nonmember, in addition to denying his resignation of union membership. Under the NLRA, union officials are prohibited from requiring union membership as a condition of employment and workers are free to resign their union membership.
“CWA union bosses are blatantly violating longstanding law by denying Mr. Brewer’s request to resign his union membership,” said National Right to Work Foundation President Mark Mix. “Federal labor law is crystal clear: Workers have an absolute right to resign their union membership if they so choose and once a worker has exercised that right they cannot be subject to fines levied by any internal union boss kangaroo court.”
New York Verizon Workers Win Settlement Against Union Officials For Illegal Retaliation
CWA Union officials illegally attempted to levy five figure fines against Verizon employees who exercised rights to work despite union boss-initiated work stoppage
New York, NY (January 17, 2017) – In mid-October, 2016, seven Verizon employees filed federal unfair labor practice charges with the National Labor Relations Board (NLRB) against the Communications Workers of America (CWA) union for violating federal labor law. The violations came after the employees exercised their right to resign their union memberships during a high profile union boss-ordered strike last year.
After CWA union officials ordered the strike, the workers chose to resign from the union and return to work. Later they were notified by CWA officials that they were being tried on internal “union discipline” charges, despite the fact that these workers were not union members when they returned to work and thus are protected by federal law.
On September 15th, the union held an internal union trial and fined the workers for going to work. Soon after, the workers were informed by letter that they had been fined sums of between nine and thirteen thousand dollars each.
Now, CWA Local 1107 union officials were required to settle the NLRB charges filed against them. The settlement requires that a notice describing the workers’ rights, and stating that the illegal fines imposed by the union bosses have been rescinded, be posted in the facility where the workers are employed.
“Union officials were caught red-handed violating the rights of workers with illegal five-figure fines just because the employees exercised their right to return to work in order to support their families,” said Mark Mix, President of the National Right to Work Foundation. “Although these employees have won their legal battle, it is outrageous that these types of illegal retaliatory fines remain common when workers choose to exercise their right to remain on the job and defy union-ordered strike demands.”
