Faced with Prosecution, NY IATSE Film Production Union Bosses Settle Case Over Illegal Discrimination Against Nonmembers
National Labor Relations Board settlement pulls back curtain on pervasive discriminatory practices among entertainment industry unions
New York, NY (November 2, 2022) – New York-based movie production electrician James Harker has scored a victory against International Alliance of Theatrical Stage Employees (IATSE) Local 52 union officials, who have been unlawfully denying jobs to non-union film industry workers. With free legal assistance from the National Right to Work Legal Defense Foundation, Harker has won a settlement requiring IATSE Local 52 officials to stop a series of discriminatory practices designed by union officials to sideline nonmembers in favor of union members.
IATSE Local 52, based in New York City, has monopoly bargaining agreements with film production companies that give it control over movie, television, and commercial shoots in New York, New Jersey, Connecticut, and parts of Pennsylvania and Delaware. Harker filed these NLRB charges against IATSE Local 52 in March 2021 and January 2022.
National Labor Relations Board (NLRB) Region 29 has agreed that many of the practices cited in Harker’s charges violate the law. The NLRB issued a complaint in May 2022 against the union, which is the NLRB’s formal step towards prosecuting infringements of federal law before an NLRB Administrative Law Judge.
The complaint, issued by the NLRB Regional Director, stated that IATSE union officials had broken federal law by forbidding production companies to hire nonmembers without permission from union bosses, forcing nonmembers to go through the union to apply for jobs, requiring union members with hiring authority to exhaust all union member hiring options before hiring nonmembers, and more.
Most notably, IATSE union officials facilitated a practice called “bumping,” in which the union required employers to release from work any crewmembers on a film shoot who were not members of the union when a union member became available to work and wanted that position. The complaint says that this and other practices violate employees’ rights to refrain from all union activity and causes “employers to discriminate against employees,” both of which are prohibited by the National Labor Relations Act (NLRA).
Settlement Requires IATSE Bosses to Stop Letting Members Kick Nonmembers Off Jobs
Now, to stop the case from proceeding to trial, IATSE Local 52 union officials have entered into an NLRB settlement that includes requirements that they cease these illegal activities and notify workers of the rights the union’s practices infringed on. The settlement vindicates Harker, who filed the charges after seeing the ongoing illegal practices harm fellow production workers.
The settlement orders IATSE Local 52 to comply with a number of requirements, including that union bosses will no longer “require nonmember…employees to obtain work through the Union,” “will not interfere with employers and their agents hiring nonmembers without first obtaining approval from the Union,” and “will not require employers to allow members to bump nonmembers off of productions because of the nonmembers’ lack of membership with the Union.”
IATSE union officials are required to disseminate the settlement notice to union members and nonmembers under the union’s control, as well as to production companies. The settlement notice must also appear in IATSE Local 52’s newsletter, and IATSE union officials are ordered to attend mandatory training on employee rights and hiring procedures.
“IATSE union officials’ scheme to keep nonmember production workers off the job is a classic example of union officials prioritizing power and control over workers’ individual rights,” commented National Right to Work Foundation President Mark Mix. “The Foundation was proud to back Mr. Harker, who recognized the patent injustice of this arrangement.”
“Film crew members who have exercised their right not to affiliate with a union should know that they can’t be required to go through union officials to look for work, and can’t be ‘bumped’ off a job just so a union member can get it,” Mix added. “Unfortunately, Foundation attorneys’ experience is that these types of unlawful schemes are ubiquitous in the entertainment industry, where near-total union boss control combined with the fear of union retaliation keeps most victims too scared to defend their rights.”
Boston College Electrician Hits SEIU Union, College with Lawsuit for Religious Discrimination in Forced Union Fees Requirement
Instead of accommodating employee’s religious beliefs as required by federal law, SEIU union officials and college administrators repeatedly ignored and violated his rights
Boston, MA (November 20, 2019) — Ardeshir Ansari, an electrician who works for Boston College filed a Title VII religious discrimination lawsuit today against the college and Service Employees International Union 32BJ, District 615 (SEIU) with free legal assistance from National Right to Work Legal Defense staff attorneys.
Ardeshir Ansari objects to supporting the union based on deeply held religious beliefs. Under the local SEIU’s monopoly bargaining agreement at Boston College, however, he was told that he must join or financially support the SEIU or be fired. To avoid being fired, Ansari paid fees to the union, despite his sincere religious beliefs. Ansari is invoking Title VII of the Civil Rights Act of 1964, which prohibits discriminating against an individual based on his or her religious beliefs.
On October 1st last year, Ansari sent a letter to Boston College and the SEIU informing them of how his religious beliefs conflict with joining or financially supporting the union. He asked that his union fees be diverted to charity instead of being sent to the union, which is a long-established remedy for such a conflict. Instead of responding, the college continued to take a cut of his paycheck and send it to SEIU officials in violation of his sincerely held religious beliefs.
In January this year Ansari filed charges with the Equal Employment Opportunity Commission (EEOC) against the college and union officials, and the EEOC determined this summer that both Boston College and the SEIU had violated Title VII. In September, the EEOC gave Ansari a right-to-sue letter, which authorized him to file a lawsuit under Title VII against the college and the union.
Consequently, Foundation staff attorneys today filed a lawsuit on Ansari’s behalf against Boston College and the SEIU for illegally discriminating against Ansari for failing to reasonably accommodate his religious beliefs in violation of his rights under Title VII of the Civil Rights Act. The lawsuit further alleges that because Boston College made paycheck deductions for the SEIU despite Ansari’s notice of religious objections, and because Ansari would have been fired if he did not pay the fees, their actions constitute quid pro quo religious harassment.
The lawsuit asks that the college and SEIU local pay all fees deducted from Ansari’s paycheck to a charity mutually agreed upon and pay Ansari for damages for the emotional distress he has suffered while his rights have been violated for more than a year. It also asks the court to prevent the college from continuing to discriminate against his religious beliefs and asks that the union be required to inform workers that those with religious objections to the payment of union fees are entitled to pay those fees to a charity instead.
“Workers who have sincere religious objections to joining or funding a union are legally protected from being forced to violate their conscience,” said National Right to Work President Mark Mix. “No one should ever be forced to choose between keeping a job to provide for their family and violating their deeply held religious beliefs by supporting a union.”
“Ultimately, a Right to Work law that makes all union payments voluntary is the best solution to this type of illegal discrimination. That way, all workers who object to funding union activities are free to cut off such payments whether or not the nature of their opposition to the union is faith-based,” added Mix.
