10 Feb 2026

Security Guards Overwhelmingly Vote to Remove SPFPA Union Officials from Vogtle Nuclear Power Plant

Posted in News Releases

Guards avoid runoff with clear vote to reject two different unions

Waynesboro, GA (February 10, 2026) – Security guards working for Southern Nuclear Operating Company have freed themselves from the control of Security, Police and Fire Professionals of America (SPFPA) union officials in their workplace. The guards, who in January filed a petition seeking a “union decertification vote” with free assistance from National Right to Work Foundation staff attorneys, work at Plant Vogtle, a major nuclear power plant in Waynesboro, Georgia.

In a vote conducted by the National Labor Relations Board (NLRB), a majority of voting security guards decided against having any union at all in their workplace, rejecting both the SPFPA and a rival union that was trying to work its way into power. By voting overwhelmingly to reject union “representation,” the guards avoided a runoff election and sent a clear message in favor of their individual freedom.

The NLRB is the federal agency responsible for enforcing federal labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions in workplaces. Under NLRB rules, the Board should administer a decertification election if employees submit a petition in which at least 30% of workers in a work unit demand such an election.

Security Guards Restore Individual Freedom in Their Workplace

Georgia is a Right to Work state, meaning that SPFPA officials could not enforce union contracts that require workers to pay union dues or fees to keep their jobs. Now, the nearly 250 security guards at the power plant are also free from SFPFA’s exclusive “representation,” a power used by union officials to impose restrictive, one-size-fits-all contracts on every employee in a workplace, even those who don’t support the union.

The Foundation has seen unprecedented levels of worker-backed decertification efforts in the wake of the radical, pro-Big Labor policies instituted by the Biden Administration. There were several successful decertification efforts in 2025 involving the Teamsters, the Operating Engineers, the International Brotherhood of Boilermakers, and the Service Employees International Union. This successful effort continues this trend into 2026.

“Contrary to union boss propaganda, workers all across America desire to make a living independent of union rules and strictures. Plant Vogtle security guards have just joined the vast majority of American workers who are not under union control and have no ambitions to join a union,” said National Right to Work Foundation President Mark Mix. “While Georgia’s Right to Work law guards employees from the forced-dues demands of union officials, no worker should be forced under the control of union chiefs who are self-interested or simply aren’t doing a good job.”

4 Feb 2026

Foodservice Workers at Two High Schools Win Campaign to Remove SEIU Union Bosses

Posted in News Releases

After vast majority of cafeteria workers requested vote to ‘decertify’ union, union bosses disclaimed interest rather than face a vote

Chicago, IL (February 4, 2026) – Foodservice employees who serve Lyons Township High School North and Lyons Township High School South have successfully removed Service Employees International Union (SEIU) Local 73 officials from power at their workplaces.

The victory comes after Quest Food Management Services employee Lisa Latelle filed with the National Labor Relations Board (NLRB) a petition backed by the majority of her coworkers seeking such a vote. Latelle spearheaded the union removal effort with free legal aid from National Right to Work Foundation staff attorneys.

The NLRB is the federal agency responsible for enforcing private sector labor law, a task which includes administering votes to install (or “certify”) and remove (or “decertify”) unions. Nearly everyone in Latelle’s unit backed the petition seeking a union decertification vote. Latelle’s work unit includes all Quest Food Management employees at both high schools, including “Cooks, Assistant Cooks, Food Service Workers, Utility and Caterers.”

According to NLRB Region 13’s Decision and Direction of Election, the decertification election would have taken place near the end of January in the staff cafeterias of both Lyons Township High School North and Lyons Township High School South. However, ahead of the election, SEIU union officials disclaimed interest in maintaining control over the work unit, likely fearing a lopsided vote result against the union.

Because Illinois lacks Right to Work protections for its private sector workers, SEIU union officials had the power to force Latelle and her coworkers to pay union fees to keep their jobs. In Right to Work states like neighboring Wisconsin, Indiana, Kentucky, and Iowa, union financial support and union membership are the voluntary choice of each individual worker. With SEIU officials gone, Quest Food Management Services employees are free of both the union’s forced-dues demands and the union’s monopoly bargaining control over their contracts.

“SEIU union officials did not represent our interests in the workplace, yet money was constantly coming out of our paychecks to support their activities,” Latelle commented. “The vast majority of my coworkers had had enough of that, and we’re glad we could band together to free ourselves of the SEIU’s control.”

“It is wrong to force any worker under union bosses’ so-called ‘representation’ against their will,” commented National Right to Work Foundation President Mark Mix. “Yet in Illinois, workers are not only forced under union monopolies, but can be required to fund union activities or else be fired.

“We are proud to have helped the cafeteria workers at Lyons Township schools exercise their right to eject the SEIU and escape both forced dues and forced ‘representation,’” added Mix. “We look forward to the day when every individual employee in Illinois has the right to decide for themselves whether or not to join or financially support a labor union.”

8 Jan 2026

Security Guards at Vogtle Nuclear Power Plant Demand Vote to Remove SPFPA Union Officials

Posted in News Releases

Guards collect enough signatures to prompt federal labor board to administer union removal vote

Waynesboro, GA (January 8, 2026) – Security guards working for Southern Nuclear Operating Company have recently filed a petition asking the National Labor Relations Board (NLRB) to hold a vote to remove the Security, Police and Fire Professionals of America (SPFPA) union from their workplace. The guards, who filed the petition with assistance from National Right to Work Foundation staff attorneys, work at Plant Vogtle, a major nuclear power plant in Waynesboro, Georgia.

The NLRB is the federal agency responsible for enforcing federal labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions in workplaces. Under NLRB rules, the Board should administer a decertification election if employees submit a petition in which a required number of workers in a work unit demand such an election. The Southern Nuclear Operating Company workers’ petition, which Dallas Howard submitted on behalf of his coworkers, met this threshold.

Security Guards Dissatisfied with Union ‘Representation’

Georgia is a Right to Work state, meaning that SPFPA officials cannot enforce union contracts that require workers to pay union dues or fees to keep their jobs. In non-Right to Work states, union bosses can have workers fired solely for refusing to financially support union officials’ activities.

However, in both Right to Work and non-Right to Work states, union officials can wield exclusive “representation” power over every employee in a workplace, even those that don’t want to be represented by the union. A successful decertification election would strip SPFPA union bosses of exclusive bargaining power over these 250 security guards, enabling the workers to negotiate for themselves.

SPFPA Union Officials Continue to Ignore Worker Interests

The Foundation has seen a history of unwanted “representation” by the SPFPA. In 2024, the Foundation provided free legal aid to security guards in Delaware after the SPFPA negotiated a contract behind their backs. In Las Vegas, security guards scored a settlement returning thousands of dollars in illegally-seized union dues after SPFPA officials failed to acknowledge many employees’ attempts to revoke their union memberships and cut off dues deductions.

“SPFPA union officials have repeatedly shown that they care little about workers they claim to ‘represent.’ They only care about maintaining control and power, and we are proud to assist these security guards as they try to restore their individual freedom,” said National Right to Work Foundation President Mark Mix. “While Georgia’s Right to Work law guards employees from the forced-dues demands of union officials, no worker should be forced under the control of union chiefs who are self-interested or simply aren’t doing a good job.”

22 Dec 2025

Penske Leasing Workers Free Themselves from Teamsters’ ‘Representation’

Posted in News Releases

Dallas area workers increasingly demanding individual freedom from unions

Dallas, TX (December 22, 2025) – Employees of Penske Truck Leasing’s facility in the Redbird neighborhood of Dallas have freed themselves from the control of Teamsters Local 745 union officials. A majority of workers, with assistance from National Right to Work Foundation staff attorneys, filed a petition requesting decertification of the local union with the National Labor Relations Board (NLRB) on November 14, 2025.

The NLRB is the federal agency responsible for enforcing federal labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions in workplaces. By law, the NLRB should administer a decertification election if employees submit a petition in which at least 30% of workers demand such an election (this petition far exceeded that threshold).

The decertification election was scheduled for December 18, but on the day of the election, union officials formally disclaimed interest in continuing as the workers’ “representative,” removing the need for an election. Teamsters bosses presumably knew they would have lost the vote overwhelmingly, and preemptively conceded defeat.

Texas Employees Free from Union’s Twin Coercive Powers

Texas is a Right to Work state, meaning that Teamsters union officials cannot enforce union contracts that require workers to pay union dues or fees to keep their jobs. In non-Right to Work states, union bosses can have workers fired solely for refusing to financially support union officials’ activities.

However, in both Right to Work and non-Right to Work states, union officials can wield exclusive “representation” power over every employee in a workplace, unless the union is decertified. The workers at Penske’s Redbird facility are now free of both of these powers granted to union bosses by the government.

“I support decertifying the Teamsters union because the union isn’t benefiting us the way it should,” commented Penske employee Epifanio Hernandez in early December, shortly after his petition for decertification was filed. “The union rules aren’t beneficial to everyone, and instead of helping us progress, they end up holding many of us back. We deserve the freedom to exercise our own rights, speak for ourselves, and make decisions that reflect what we actually want — not what the union decides for us.”

Teamsters Union Continues Streak of Decertification

In just the last year, Foundation staff attorneys have helped several groups of employees free themselves from unwanted union “representation” by the Teamsters. These include two other cases in Dallas, where both delivery drivers for Restaurant Technologies, Inc. and employees at FCC Environmental Services recently booted Teamsters Local 745 bosses from their workplaces, the same union as in this case.

Foundation staff attorneys have also noticed a marked rise in requests from workers seeking legal assistance in Teamsters decertification cases. Recent NLRB statistics also suggest no union faces more decertification petitions than the Teamsters.

“More and more, American workers across the country are deciding they are better off without Teamsters union bosses who prioritize their own interests over that of the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “We’re proud to support the growing number of workers engaged in the transportation and trucking industries who are demanding freedom from coercive unionism.”

2 Dec 2025

Majority of Dallas Penske Leasing Workers Request Vote to Remove Teamsters Local 745

Posted in News Releases

In last year, several groups of Penske employees across the country have sought to escape coercive union control

Dallas, TX (December 2, 2025) – A majority of employees at Penske Truck Leasing’s facility in the Redbird neighborhood of Dallas are demanding a vote to remove Teamsters Local 745 union officials from power at their workplace. Penske employee Epifanio Hernandez submitted a union “decertification petition” backed by his colleagues to the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.

The NLRB is the federal agency responsible for enforcing federal labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions in workplaces. By law, the NLRB should administer a decertification election if an employee submits a petition in which at least 30% of his coworkers demand such an election. Hernandez’s decertification petition contained signatures from a majority of his coworkers, well exceeding that threshold.

Texas is a Right to Work state, meaning that Teamsters union officials cannot enforce union contracts that force Hernandez and his coworkers to pay union dues or fees to keep their jobs. In non-Right to Work states, union bosses can get workers fired for refusing to financially support union activities. However, in both Right to Work and non-Right to Work states, union officials can wield exclusive “representation” power over every employee in a workplace, unless the union is decertified.

“I support decertifying the Teamsters union because the union isn’t benefiting us the way it should,” commented Hernandez. “The union rules aren’t beneficial to everyone, and instead of helping us progress, they end up holding many of us back. We deserve the freedom to exercise our own rights, speak for ourselves, and make decisions that reflect what we actually want — not what the union decides for us.”

Texas Penske Workers Join Wider Opposition to Teamsters Officials & Other Union Bosses

In just the last year, Foundation staff attorneys have helped several groups of Penske employees around the country break free from unwanted union control. These have included Penske workers in Minneapolis and Nashville, who last year overwhelmingly voted to oust International Association of Machinists (IAM) union bosses. In December 2024, Philadelphia-area Penske Logistics workers also voted to remove Teamsters Local 500 union officials.

Teamsters union officials’ workplace actions and political activity have also come under increased worker scrutiny recently. During the 2024 election cycle, the union’s upper echelon chose not to endorse Donald Trump because he would not commit to eliminating Right to Work and granting forced-dues power to union bosses nationwide. Teamsters top officials’ prioritizing of their forced-dues powers comes despite polls showing nearly 80% of American union members support Right to Work and voluntary union dues.

Foundation staff attorneys have also noticed a marked rise in requests from workers seeking legal assistance in Teamsters decertification cases. Recent NLRB statistics also suggest no union faces more decertification petitions than the Teamsters.

“It seems that hardly a week goes by without Teamsters union officials showing how out-of-touch they are with the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “We’re proud to support the growing number of workers engaged in the transportation and trucking industries who are standing up for their interests in the workplace.”

14 Nov 2025

After Year-Long Effort, McDowell County Commission on Aging Employees Free Themselves From SEIU Union Bosses

Posted in News Releases

Majority of employees signed petition demanding Commission stop bargaining with SEIU; success follows months of union stonewalling

Welch, WV (November 14, 2025) – Following an effort lasting more than a year, employees of senior homecare nonprofit McDowell County Commission on Aging have successfully freed themselves from the control of Service Employees International Union (SEIU) 1199 officials. Commission employee John Reeves spearheaded the union removal effort with free legal aid from National Right to Work Foundation staff attorneys.

The success follows Reeves’ submission of a petition in which the majority of his fellow employees demanded that their employer stop recognizing the SEIU as their exclusive “representative.” Reeves submitted the petition to Commission management in late October. Under the National Labor Relations Act (NLRA), an employer may not engage in bargaining with union officials that lack majority support in a workplace. Commission management announced on November 4 that they had withdrawn recognition from the SEIU union.

West Virginia is a Right to Work state, meaning that union officials cannot enforce contracts that require workers to pay dues or be fired. In contrast, in states like neighboring Pennsylvania and Ohio that lack Right to Work protections, union officials can mandate dues or fees as a condition of getting or keeping a job. However, in both Right to Work and non-Right to Work states, union bosses have exclusive representation power over every worker in a unionized workplace, even those who voted against or otherwise oppose the union.

SEIU Officials Used Litigation to Block Workers From Voting

The effort by Commission employees to oust SEIU union bosses started back in June 2024, when Reeves submitted a union decertification petition to the National Labor Relations Board (NLRB). The NLRB is the federal agency responsible for enforcing federal labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions.

Commission management and SEIU chiefs agreed to the terms of a union decertification vote, which Reeves and his coworkers participated in on July 9, 2024. However, NLRB officials held up the ballot count, claiming that SEIU officials had unfair labor practice charges pending against Commission management.

After six months of delays, Commission officials and SEIU union bosses announced they had reached a settlement in the unfair labor practice case – but a provision of that settlement stipulated that they would “not entertain a new decertification for a…period of four months.” A regional NLRB official approved this settlement in its entirety, effectively tossing out Reeves’ and his coworkers’ ballots. Reeves urged the NLRB in Washington, DC, to reverse this decision, as the regional NLRB had never proven the alleged unfair labor practices, nor had the Commission admitted to them in the settlement.

As of November 2025, Reeves’ appeal was still pending, but he and his coworkers have now successfully removed the union through a different process.

“Mr. Reeves’ and his coworkers’ situation shows that, in practice, NLRB bureaucrats will frequently stifle workers’ rights simply to advance the interests of union officials or management,” commented National Right to Work Foundation President Mark Mix. “That is antithetical to the overarching purpose of federal labor law, which is to protect workers’ free choice, not protect incumbent union bosses’ power.

“Currently, the union decertification process is overly complex and prone to legal manipulation, delays, and derailment,” Mix added. “It is in dire need of reform, and both the NLRB and federal legislators have a role to play to prevent workers from being trapped under union so-called ‘representation’ opposed by a majority of employees.”

3 Oct 2025

Texas Workers at Multiple Workplaces Latest to Successfully Free Themselves from Unwanted Teamsters Union ‘Representation’

Posted in News Releases

Dallas-based workers at two companies petitioned the NLRB for decertification elections to remove Teamsters Local 745 bosses

Dallas, TX (October 3, 2025) – Two successful union decertification efforts have freed workers from the control of International Brotherhood of Teamsters Local 745 Union bosses in Dallas, Texas. Both Dallas-based delivery drivers for Restaurant Technologies, Inc. and employees at FCC Environmental Services in Dallas filed decertification petitions at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Foundation staff attorneys.

The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA) and adjudicating disputes between employers, unions, and individual employees. When employees are dissatisfied with union officials and want to remove the union from their workplace, they may file a “decertification” petition with the NLRB.

Union bosses often try to block elections with charges of unfair labor practices, and vigorously campaign to keep workers under their control. In both of these cases, workers ultimately were able to remove the union.

Teamsters Local 745 Can’t Win Decertification Efforts

Local Teamsters officers tried to block a decertification election at FCC Environmental Services last year, filing numerous charges of unfair labor practices, but despite these stalling attempts, the employees were successful in their effort to remove the union. The union ultimately withdrew all of their objections but one, which the NLRB Regional Director dismissed as it had no bearing on the election itself in which a majority opposed union affiliation.

Meanwhile, Local 745 officials couldn’t even put up a fight against delivery drivers for Restaurant Technologies, Inc. After workers filed a decertification petition at the NLRB in April, a decertification election was set for September. Only three days before the election was scheduled to take place, union officials themselves decided not to contest it, and instead disclaimed any further interest in representing the employees, who are now free from their control.

Workers Fleeing Teamsters Union Nationwide

These successful decertification efforts are part of a larger trend across the country. For four years, the Foundation has seen increasing demand for assistance from groups of workers seeking votes to remove unions. This trend has disproportionately affected the Teamsters Union, as NLRB statistics for the past 12 months show that one of every five decertification cases involved the Teamsters union.

“More and more, American workers across the country are deciding they are better off without Teamsters union bosses who prioritize their own interests over that of the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “These successful decertification efforts demonstrate what happens when courageous and independent-minded workers assert their rights.”

“Union bosses often do not speak for the workers under their so-called ‘representation,’ and statistics show that over 90% of employees have never had a chance to vote on the union that purports to represent them,” Mix added. “That one in five decertification petitions filed last year involved the Teamsters only drives home the point that workers are increasingly rejecting the union’s coercive agenda.”

15 Sep 2025

More Minnesota Nurses Send MNA Union Bosses Packing

The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.

Politics-motivated union faces string of successful decertification votes in Minnesota

Nurses at Mayo Clinic’s Mankato Minnesota branch sparked a wave of Foundation-backed efforts across Minnesota to declare independence from union bosses

Brittany Burgess (front, center) and her coworkers at Mayo Clinic’s Mankato, Minnesota, branch sparked a wave of Foundation-backed efforts across Minnesota to declare independence from union bosses, with the most recent success in Fairmont, Minnesota.

FAIRMONT, MN – In 2022, then-President of the Minnesota Nurses Association (MNA) union Mary Turner expressed to the Minnesota Reformer her ambition to continue pushing the MNA’s political agenda in the Minnesota state legislature and eventually vie for the presidency of the National Nurses United (NNU) union, MNA’s parent.

The NNU is also known for its ardent political activity — in 2016, the union’s super PAC spent roughly $1 million on promoting self-proclaimed socialist Bernie Sanders for president.

When asked whether the union’s politics played a role in the fact hundreds of nurses, backed by the National Right to Work Foundation, had just voted MNA union bosses out of power at Mayo Clinic in Mankato, Minnesota, Turner had this to say: “They’re going to have to prove to us that they want the union because they lost it.”

Fast-forward to 2025, and the MNA’s obsession with politics hasn’t changed — and neither has nurses’ opposition to the alienating nature of the union. This January, with free Foundation legal aid, nurses at Mayo Clinic’s Fairmont, Minnesota, location voted by over 60% to remove MNA union officials from their facility.

“The MNA was a very divisive force in our workplace, and I think we’ll be able to better serve our patients and the community without the union,” commented nurse Jamie Campbell on the vote.

Foundation Backs Another Grassroots Effort to Nix MNA

Campbell kick-started the union removal effort by submitting a petition to the National Labor Relations Board (NLRB) in December 2024 requesting a union decertification vote.

The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Campbell’s union decertification petition contained well over the number of employee signatures needed to trigger a decertification vote under NLRB rules.

Because Minnesota lacks Right to Work protections for its private sector workers, MNA union officials had the legal power to require all the Fairmont Mayo nurses to pay at least a portion of union dues as a condition of keeping their jobs. In contrast, in Right to Work jurisdictions, union membership and all union financial support are voluntary and the choice of each individual worker.

However, in both Right to Work and non-Right to Work states, union officials are able to impose one-size-fits-all contracts on all employees in a work unit, even those who voted against or otherwise oppose the union.

Fairmont Victory Follows Others in Mankato, St. James

The election took place in January, and within a week, the NLRB certified the nurses’ successful ouster of the union.

Since 2022, several sizable units of healthcare workers in Minnesota have sought out Foundation legal aid to obtain removal votes against the MNA and other unions, and have often been successful in freeing themselves. After Mankato Mayo Clinic nurses voted MNA out, nurses at Mayo’s St. James branch did the same with AFSCME Council 65 in August 2022. Support staff at the Mankato facility kicked out American Federation of State, County, and Municipal Employees (AFSCME) Local 1856 union officials in 2023.

“MNA union bosses’ influence and political connections did not shield them from suffering another defeat by rank-and-file nurses at the ballot box,” commented National Right to Work Foundation Vice President Patrick Semmens.

“Ironically, Minnesota’s lack of Right to Work protections — which are vociferously opposed by the MNA — likely removed an important accountability tool from the relationship between the MNA and the nurses they claim to ‘represent.’ It’s no surprise that union bosses who can force workers to pay union dues or fees on pain of termination wind up being far less effective and more out-of-touch than union officials who must earn the voluntary financial support of each worker.”

25 Aug 2025

Hudson Valley Farmworker Challenges PERB Official’s Dismissal of Employee Petition Seeking Removal of UFW Union Officials

Posted in News Releases

Porpiglia Farms workers have been restrained for almost a year from voting union out of farm, new brief challenges suspect union “blocking charges”

Marlboro, NY (August 25, 2025) – Ricardo Bell, an agricultural worker at Porpiglia Farms in the Hudson Valley, is urging New York’s Public Employment Relations Board (PERB) in Albany to overturn a lower board official’s refusal to process a petition he and his coworkers backed seeking a union removal vote. Bell and his colleagues petitioned the PERB to hold a vote to remove United Farm Workers (UFW) union officials from power at Porpiglia Farms, and are receiving free legal aid in their effort from the National Right to Work Legal Defense Foundation.

The PERB is the New York state agency responsible for enforcing labor law in the agricultural sector, a task that includes administering votes to install (“certify”) and remove (“decertify”) unions. Despite the fact he submitted a petition containing enough of his colleagues’ signatures to trigger a union decertification vote, Bell’s latest filing reports that the PERB’s Acting Director of Private Employment Practices and Representation refused to process his petition on the basis of four unproven claims of wrongdoing that UFW union officials filed against Porpiglia Farms management.

At both state and federal labor boards, union officials often file such allegations (usually called “blocking charges”) to stop workers from exercising their right to vote a union out of power at a workplace – even without evidence showing any connection between the employer’s alleged conduct and workers’ desire for an election. Because New York lacks Right to Work protections for its private sector workers, union bosses have the power to enforce contracts that require workers like Bell and his colleagues to pay union dues or fees as a condition of keeping their jobs. In contrast, in 26 states with Right to Work laws, union membership and all union financial support are strictly voluntary.

Farmworker Argues PERB Shouldn’t Let Union Bosses Block Union Removal Election

Bell’s latest filing consists of exceptions to the PERB Acting Director of Private Employment Practices’ decision denying his request to process the petition. It states that the decision is unfounded because nothing in New York’s agricultural labor law or in the PERB’s policy authorizes the use of blocking charges to stop an employee-requested decertification election.

The brief argues that the PERB’s policy “is punitive, punishing the employees for conduct they cannot control… Employees should be free to choose their representative. Blocking charge delays prevent employees from exercising that right to choose.”

Bell’s brief also contends that the Acting Director’s decision violated a basic standard that PERB itself stated in an earlier case involving Bell and his coworkers. In that case – another union decertification attempt that was dismissed on different grounds – the PERB issued a decision explaining that not all charges of employer misconduct justify barring employees from exercising their right to vote out a union, and that if a blocking charge policy were to be applied, union officials must allege conduct that actually harms employees’ ability to choose for or against a union. Now the Acting Director’s dismissal of Bell’s newest decertification petition flies in the face of that standard, Bell’s brief explains, because it “failed to analyze the facts of the four charges” and makes no attempt to show how they might have affected the employees.

PERB Never Gave Employee Opportunity to Respond to Dubious Union Charges

Bell’s brief further points out that the Acting Director dismissed his union decertification petition without holding any formal fact-finding proceedings, and that the PERB agents provided Bell with the union’s blocking charges very late in the game – meaning he was deprived of any meaningful chance to challenge the allegations that blocked his election.

“Whether at the state or federal level, so-called ‘blocking charge’ policies do the exact same thing: Give union bosses the opportunity to stop the workers they claim to ‘represent’ from exercising their right to have an election they have properly requested,” commented National Right to Work Foundation President Mark Mix. “In non-Right to Work states like New York, these delays often mean that union officials can continue to siphon dues money from employees who have already expressed substantial interest in voting them out.

“Mr. Bell and his coworkers’ attempts to vote out the aggressive, politics-obsessed UFW union have been stalled for over a year now, which shows, clearly, how New York’s agricultural labor laws squash workers’ free choice simply to empower union bosses,” Mix added.

Bell and another New York farm employee, Jean Estrame, are also seeking to intervene in a federal lawsuit challenging New York State’s agricultural labor law (the so-called Farm Laborers’ Fair Labor Practices Act, FLFLPA) because it lets union officials bypass traditional union certification votes and sweep to power using the coercive “card check” unionization method.

28 Jul 2025

Michigan-Based Rieth-Riley Asphalt Worker Submits Legal Brief Urging 6th Circuit to Protect Workers’ Right to Vote Out Unpopular Union

Posted in News Releases

Appeals Court brief: Labor Board violated federal law and its own rules to stifle Rieth-Riley workers’ statutory right to vote to remove unwanted IUOE union

Cincinnati, OH (July 28, 2025) – Rayalan Kent, a Michigan-based employee of asphalt paving company Rieth-Riley, has just filed an amicus brief with the Sixth Circuit Court of Appeals in a case that could restore a substantial amount of power to workers in deciding whether they should be subject to union control. Kent has received free legal representation from National Right to Work Foundation staff attorneys since 2020 when he began his efforts to vote the union out of his workplace.

In the Sixth Circuit case Rieth-Riley Construction Co. vs. National Labor Relations Board (NLRB), Kent’s employer is arguing against the NLRB’s dismissal of valid petitions backed by Kent and his coworkers, which asked the Board to administer a vote at his workplace to remove (or “decertify”) the International Union of Operating Engineers (IUOE) Local 324. That contention is part of Rieth-Riley’s larger defense of its decision not to continue negotiating with the IUOE union.

While Kent and his fellow employees were eventually able to exercise their right to vote on the IUOE, the NLRB in 2022 dismissed his petitions and halted the election, declining to count the already-cast ballots just hours before the vote tally, calling it a “merit-determination” dismissal. This dismissal was based on unfair labor practice allegations the IUOE filed against Rieth-Riley management in 2018. But the NLRB never held a hearing on whether those alleged practices had any connection to Kent and his coworkers’ desire to oust the union.

Kent’s brief urges the Sixth Circuit to use Rieth-Riley Construction Co. as an opportunity to invalidate the NLRB’s “merit-determination” dismissal policy. The brief also asks the Court to order the NLRB to take the long-overdue step of counting the ballots in Mr. Kent’s decertification election, so he and his coworkers can properly exercise their right to vote on the union.

Federal Labor Board’s Actions Violated Statutory Authority and Agency’s Own Regulations

Kent’s amicus brief argues that the NLRB’s use of “merit-determination” dismissals – a “blocking charge” policy – violates the agency’s statutory authority and the purpose of the National Labor Relations Act (NLRA), the federal law the NLRB is responsible for enforcing. The NLRA requires that the Board hold a hearing and an election when employees submit a valid petition requesting a union decertification vote. However, “by dismissing Mr. Kent’s decertification petitions based on the mere allegations in the Union’s blocking charge, the Region and the Board failed to comply with Congress’ directive that the Board ‘shall’ conduct a hearing and ‘shall’ conduct an election when a question of representation exists,” says the amicus brief.

The brief also points out that the NLRB’s “merit-determination” dismissal policy violates rules the agency itself promulgated. In 2020, the NLRB finalized its Election Protection Rule (EPR), which, among other things, mandated that “blocking charges” could no longer stop workers from exercising their right to vote in a union decertification election. The EPR instead required the NLRB to hold elections and tally votes before dealing with any allegations surrounding the employer conduct. “Here, the Board is refusing to follow its own rules by dismissing Mr. Kent’s decertification petitions because of speculation, unproven allegations, and a confidential ‘investigation’ to which he is not privy,” the brief reads.

“In this brief, Rayalan Kent and his coworkers speak for all independent-minded American workers, whose clear right under federal law to vote to remove union officials they disapprove of is gravely threatened by the existence of the NLRB’s various invented non-statutory policies,” commented National Right to Work Foundation President Mark Mix. “Union bosses should not be able to unilaterally override this right, and the Sixth Circuit needs to restore to workers their fundamental rights of free choice under the National Labor Relations Act.”