Cincinnati-Area Kroger Worker Secures Victory Against Illegal Union Dues Deductions
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, May/June 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
After legal win, grocery employee based near Cincinnati finds job in nearby Right to Work Kentucky to escape forced dues
Northern Kentucky (foreground) might be just across the Ohio River from Cincinnati, OH, but the difference in worker freedom is stark. Without Right to Work, forced dues abuses are rampant compared to Right to Work Kentucky.
CINCINNATI, OH – In a win for employee freedom, James Carroll, a Kroger employee based near Cincinnati, has secured victory in his federal case against United Food and Commercial Workers (UFCW) Local 75 and Kroger. The win comes after Carroll challenged the union and his employer for unlawfully deducting union dues from his paycheck and threatening him with termination for refusing to sign an illegal dues deduction form.
Carroll, with free legal support from the National Right to Work Legal Defense Foundation, filed charges with the National Labor Relations Board (NLRB) Region 9 in Cincinnati. His case exposed the UFCW’s use of an unlawful “dual-purpose” membership form, which combines union membership and dues deduction authorization into a single signature. Under established Supreme Court legal precedents, workers have the right to refrain from formal union membership, and any dues deduction authorizations must be voluntary and separate from membership agreements.
In order to avoid further prosecution, Kroger and UFCW entered into a settlement that requires them to reimburse Carroll for the illegally seized dues and publicly post a notice informing other employees of their rights.
But Carroll didn’t stop there. To protect himself from future union coercion, he secured a transfer to a Kroger store in Right to Work Kentucky. Unlike Ohio, where workers can be forced to pay union fees even as non-members, Kentucky’s Right to Work law ensures that all union payments are voluntary, shielding Carroll from further threats that he pay up or face termination.
This case challenging the UFCW’s forced dues abuse of grocery employees isn’t an isolated incident. In 2023, Houston-area Kroger employee Jessica Haefner, also aided by Foundation attorneys, filed charges against UFCW for using a dual-purpose form and altering her response to falsely indicate consent for dues deductions.
More recently, in 2024, Portland grocery worker Reegin Schaffer won a case against UFCW after union officials ignored her resignation request during a strike and retaliated by attempting to fine her for working.
Another Worker Flees to the Freedom of Right to Work
“We are pleased with this legal win for Mr. Carroll, and that he is now completely free of union bosses’ forced-dues demands in Right to Work Kentucky,” commented National Right to Work Foundation Vice President and Legal Director William Messenger.
“Unfortunately most workers employed in forced dues states don’t have the option to commute to a job in a Right to Work state, which is why workers everywhere need the protection of Right to Work laws.”
Cincinnati-Area Kroger Employee Wins Federal Case Against UFCW, Grocer for Illegal Union Dues Deductions
Kroger and union must reimburse unlawfully seized dues as worker transfers to store in Right to Work Kentucky to block any future forced dues
Fairfield, OH (March 4, 2025 ) – Kroger Grocery employee James Carroll has prevailed in his federal case against United Food and Commercial Workers (UFCW) Local 75 union and corporate grocery conglomerate Kroger. The resolution comes after charges were filed against UFCW for threatening Carroll with termination for refusing to sign an illegal union dues deduction form and against Kroger for unlawfully deducting union dues from his paycheck.
To avoid prosecution, Kroger and UFCW agreed to a settlement that requires them to reimburse Carroll for unlawfully seized dues and post a public notice informing employees of their rights. Carroll received free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
Carroll’s charges at Region 9 of the National Labor Relations Board (NLRB) in Cincinnati explain that the form UFCW union bosses forced him to sign is an illegal “dual purpose” membership form, which seeks only one employee signature for authorization of both union membership and dues deductions. Federal labor law requires that any authorization for union dues deductions be voluntary and separate from a union membership application. Additionally, Supreme Court precedents like General Motors v. NLRB recognize the right of workers to refrain from formal union membership.
In contrast to neighboring Indiana, Kentucky, and West Virginia, Ohio lacks a state Right to Work law. This means UFCW union officials to have the power to force Carroll and his coworkers to pay union dues or fees as a condition of keeping a job, even if they are nonmembers. However, even without Right to Work, union officials must obtain employees’ consent before instructing an employer to deduct union dues directly from a worker’s paycheck, and forced-fee amounts cannot include money that goes toward a union’s political activity, as established in the Foundation-won CWA v. Beck Supreme Court decision.
In addition to securing a victory in his case, Carroll took the additional step of transferring to a Kroger store in Right to Work Kentucky to avoid any future union threats demanding payment. Under Right to Work, all payments to the union are strictly voluntary, meaning Carroll cannot be forced to fund the very UFCW officials who violated his rights.
On Illegal Dues Practices, Kroger and UFCW Are Repeat Offenders
This isn’t the first time Foundation attorneys have aided Kroger employees facing illegal dual-purpose membership forms pushed by UFCW union bosses. In February 2023, Houston, TX-area Kroger worker Jessica Haefner filed federal charges against the UFCW for presenting her with such a dual-purpose form, and for altering her writing on the form to show she consented to union dues deductions when she was actually trying to exercise her right under Texas’ Right to Work law to abstain from dues payment.
In 2024, Foundation attorneys also assisted a Portland-area grocery store employee Reegin Schaffer, who filed and won federal unfair labor practice charges against a UFCW union there. In that case, union officials ignored her requests to resign union membership during a union strike and then unlawfully retaliated against her by seeking to fine her for exercising her right to rebuff union boss strike orders and go to work.
“We are pleased with this legal victory for Mr. Carroll, and that he is now completely free of union bosses’ forced-dues demands because he works in Right to Work Kentucky,” commented National Right to Work Foundation President Mark Mix. “Of course most workers subjected to union bosses’ ‘pay-up-or-be-fired’ threats don’t have the option of commuting to a location in a Right to Work state.
“That’s why, despite the good resolution, though this case shows why workers everywhere need Right to Work protections,” added Mix.
MI Kroger Employee Hits UFCW Union, Kroger with Federal Charges for Illegally Requiring Dues Payments, PAC Contributions
Worker contends that union lacks valid contract and thus can’t demand any money from workers, despite recent MI Right to Work repeal
Detroit, MI (April 16, 2024) – An employee of Kroger’s supermarket in the Prospect Hill Shopping Center in Milford, MI, has just hit United Food and Commercial Workers (UFCW) Local 876 union officials and Kroger management with federal charges. The employee, Roger Cornett, charges that Kroger declared it would fire him unless he signed a union membership form, and authorized union dues deductions and contributions to the union’s Political Action Committee (PAC) from his paycheck. Cornett notably points out that UFCW lacks a legal basis to demand money from any worker.
Cornett’s charges are now pending with the National Labor Relations Board (NLRB), the federal agency responsible for governing private sector labor relations. Cornett’s charge recounts that, despite his requesting a copy, neither union officials nor Kroger produced a copy of a union contract containing a so-called “union security clause,” more accurately called a “forced-dues clause.”
Under longstanding federal law, even in a state without Right to Work protections, union officials can only enforce a contract requiring employees to pay dues as a condition of employment if the contract contains a forced-dues clause. To be valid, federal law requires that such clauses have a 30-day grace period before union bosses’ “pay-up-or-be-fired” demands can be enforced.
Since Kroger and UFCW cannot produce a contract that contains such a clause, union demands for dues money should be illegal. This is true notwithstanding Michigan’s repeal of its Right to Work law, a provision that made union membership and union financial support strictly voluntary.
Under federal law, no employee can be required to authorize payroll deductions of union dues or to pay money to a union PAC used to fund union boss-backed political candidates. Additionally, the National Labor Relations Act (NLRA) and U.S. Supreme Court cases like General Motors v. NLRB safeguard the right of workers to abstain from formal union membership, while the Foundation-won CWA v. Beck Supreme Court decision forbids union officials from forcing nonmember workers to pay money for any expenses outside the union’s core bargaining functions, which includes political expenses.
UFCW Union Unleashed Pressure Campaign on Nonmember Workers After Right to Work Repeal
Michigan’s Right to Work law, which prevented union officials from having workers fired for refusing to join or pay dues to a union, was officially repealed on February 13, 2024. According to Cornett’s charges, in February he asked if there was an updated version of the union contract that would require him and other nonmembers to pay dues as a condition of employment in light of the repeal. Neither UFCW nor Kroger provided Cornett with such a contract in response to his request.
Union officials threatened Cornett and other workers that it was a condition of employment for them to become union members, authorize direct deductions of union dues from their pay, and “sign all or part of the three-part Union membership application and checkoff form,” the latter of which included a page authorizing deductions for the union’s PAC.
Worker Faced Termination After Being Threatened to Contribute to Union PAC
Cornett’s charges state that he received a letter from management on February 28 “informing him that…Kroger terminated [him] for failure to become a member of the Union.” This termination took place within the statutorily-required 30-day grace period before forced-dues contracts can be enforced against union nonmembers – meaning the firing would be illegal even if the union had a valid contract that allowed it to require dues payments as a condition of employment.
Cornett says in his charges that he signed the three-part form in order to keep his job. His charges state that the union’s threats and pressuring of employees “violate the [NLRA], and threaten, restrain, and discriminate against Charging Party and similarly situated employees in the exercise of their Section 7 right to refrain from [union activity].”
“Here we have yet another example of union bosses browbeating the very Michigan workers they claim to ‘represent’ as soon as Right to Work protections are gone,” commented National Right to Work Foundation President Mark Mix. “Security guards at government buildings across Western Michigan are already banding together to oppose forced-dues demands from UGSOA union officials, and we now see UFCW union officials trying to squeeze dues money out of Kroger employees using coercive tactics that are forbidden even in a non-Right to Work environment.
“Especially concerning is Cornett’s charge that he was forced to sign his money away for the union’s PAC, a demand that blatantly violates several federal laws while paying no regard for workers’ free choice,” continued Mix. “Foundation staff attorneys will get to the bottom of this and defend Mr. Cornett’s rights.”
Ohio Kroger Employee Slams UFCW and Kroger with Federal Charges for Illegally Seizing Money from Paycheck
Union officials threatened that employee would be fired for not signing illegal dues deduction authorization form, Kroger still taking dues from employee’s paycheck
Fairfield, OH (March 20, 2024) – An employee of Kroger’s location in the Fairfield Center Mall Shopping Center has hit the United Food and Commercial Workers (UFCW) Local 75 union with federal charges, stating that union officials threatened him with termination for refusing to sign an illegal union membership form. Kroger is also the subject of a charge for illegally transferring dues money from the employee’s paycheck to the union.
The worker, James Carroll, submitted his charges at Region 9 of the National Labor Relations Board (NLRB) in Cincinnati with free legal aid from the National Right to Work Foundation.
Carroll’s charges explain that the form UFCW union bosses forced him to sign is an illegal “dual purpose” membership form, which seeks only one employee signature for authorization of both union membership and dues deductions. Federal labor law requires that any authorization for union dues deductions be voluntary and separate from a union membership application. Additionally, Supreme Court precedents like General Motors v. NLRB recognize the right of workers to refrain from union membership.
However, because Ohio lacks Right to Work protections for its private sector workers, UFCW union officials have the power to impose contracts that force Carroll and his coworkers to pay union dues or fees as a condition of keeping a job, even if they are nonmembers. However, union officials must always seek employees’ explicit consent before instructing an employer to deduct union dues directly from a worker’s paycheck, and forced-dues amounts can never include money that goes toward a union’s political activity, as per the Foundation-won CWA v. Beck Supreme Court decision. In Right to Work states, union dues payment is strictly voluntary.
At UFCW officials’ behest, Kroger has continued to seize full union dues from Carroll’s paycheck despite his lack of consent. Because Kroger management is complicit in assisting union agents in enforcing their illegal scheme, Carroll has also filed federal charges against Kroger.
On Illegal Dues Practices, Kroger and UFCW Are Repeat Offenders
This isn’t the first time Foundation attorneys have aided Kroger employees facing illegal dual-purpose membership forms pushed by UFCW union bosses. In February 2023, Houston, TX-area Kroger worker Jessica Haefner filed federal charges against the UFCW for presenting her with such a dual-purpose form, and for altering her writing on the form to show she consented to union dues deductions when she was actually trying to exercise her right under Texas’ Right to Work law to abstain from dues payment.
In 2023, Foundation attorneys also assisted a Pittsburgh-area teen file federal discrimination charges against a UFCW local after union officials illegally refused to consider his religious objections to paying union dues.
“Federal law protects the right of workers to make free choices about formal union membership, and gives workers in non-Right to Work states like Ohio some ability to avoid paying for union politics and other union expenditures. But union bosses bent on obtaining greater control over workers and their pocketbooks pose real-life obstacles to exercising these rights, as do complicit employers like Kroger,” commented National Right to Work Foundation President Mark Mix. “We’re proud to help Mr. Carroll defend his rights, but ultimately Ohio workers need the protection of a Right to Work law.”
Foundation Defends Michigan Workers with Forced Dues Looming
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
With Right to Work repeal law passed, workers seek to escape mandatory payments
Michigan legislators’ unpopular decision to repeal the state’s Right to Work law helped prompt Mary Soltysiak and her coworkers’ move to vote out the IAM union.
LANSING, MI – Despite poll after poll showing 70 percent of Michiganders wanted Michigan’s decade-old Right to Work law left in place, Gov. Gretchen Whitmer and union cronies in the Michigan Legislature voted to strip Wolverine State workers of their right to refrain from funding unwanted union bosses in March. In response, the Foundation sprang into action, issuing a Special Legal Notice to Michigan workers advising them of their legal options as the state transitions to a forced-dues regime. The notice reminded workers that, despite what union bosses may claim, the state’s Right to Work law remains in effect until 90 days after the legislative session ends later this year — and also what they can do in advance of forced dues being legal again. Unsurprisingly, given Right to Work’s popularity even among union households, Michigan workers are stepping up and taking action to defend their rights against coercive unionism.
Michigan Workers Battle Forced-Dues Schemes Ahead of Repeal
For example, Foundation attorneys are currently assisting Grand Rapids-area Kroger employee Roger Cornett’s challenge to an illegal dues scheme perpetrated by United Food and Commercial Workers (UFCW) union officials. Cornett hit UFCW bosses with federal charges this May, accusing them of ignoring a letter in which he exercised his right to cut off dues deductions from his paycheck. Cornett’s charges also maintained that UFCW bosses sought to seize money from him using a form that blatantly violates existing federal law. Cornett’s charge says the form is illegal because of its “dual purpose” nature, meaning just one signature confusingly locks a worker into both membership and dues deductions. Federal law requires any authorization for union dues deductions to be voluntary and separate from a union membership application. UFCW bosses’ contempt for longstanding federal protections in Cornett’s case likely indicates how aggressively union officials will pursue forced dues under a non-Right to Work regime. The Foundation’s legal notice also counsels workers that they can avoid forced-dues arrangements entirely by petitioning the NLRB to hold “decertification elections” at their workplaces, in which workers can vote unpopular unions out.
Legal Notice Counsels Workers of Right to Vote Out Unwanted Unions
Mary Soltysiak, who opposes forced dues, heard news of the upcoming repeal and filed a petition to decertify the International Association of Machinists and Aerospace Workers (IAM) District Lodge 60/Local Lodge 475 union with free legal aid from Foundation staff attorneys. Soltysiak and her colleagues work at Terryberry, a manufacturing firm in Grand Rapids, MI.
Soltysiak stated that she and some of her colleagues “contacted [a Foundation attorney] and filled out paperwork to get out of paying union dues around the year 2018 because of the Right to Work . . . law.”
“The union has done nothing but hurt my paycheck and my vacation hours,” Soltysiak added.
Soltysiak and her coworkers achieved victory this May, when the NLRB certified their majority vote ousting the IAM union. Hopefully, their success portends the future success of the growing number of workers in Michigan and across the country looking to decertify the unions in their workplaces.
Foundation Also Defending Public Sector Right to Work Protections
As noted in the Foundation’s legal notice, the Michigan Right to Work repeal does not affect public sector Michigan employees. Under the Foundation-won Janus v. AFSCME Supreme Court decision, no public worker in America can be forced to subsidize a union as a condition of employment. But, as the repeal is looming, Michigan public sector union officials are nonetheless seeking to undermine public employees’ freedom to refrain from union support through so-called “fee-for-grievance” schemes.
This April, the Foundation submitted a brief in the Michigan Supreme Court case Technical, Professional and Officeworkers Association of Michigan (TPOAM) v. Renner, in which TPOAM officials are trying to enforce a “fee-for-grievance” policy against Saginaw County employee Daniel Renner. Under it, union bosses strip nonmember public employees of any power to file grievances themselves, and instead mandate that they pay fees sometimes exceeding yearly union dues to use the union’s grievance system.
Michigan legislators’ unpopular decision to repeal the state’s Right to Work law helped prompt Mary Soltysiak and her coworkers’ move to vote out the IAM union.
In the brief, Foundation staff attorneys refute the union’s claims for this newfound power, stating that “fee-for-grievance” schemes were never authorized by the Michigan Legislature and are inconsistent with federal law.
Foundation Attorneys Will Defend Worker Freedom in Michigan
“Michigan union officials and their allies in the state legislature have contempt for workers’ individual rights that knows no bounds,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “That was made clear by the repeal of the popular Right to Work law, and the attempt to undermine Right to Work protections for public sector employees which are safeguarded by the First Amendment under the Foundation’s Janus U.S. Supreme Court victory.”
“Michigan workers have a long road ahead to restore their rights against union coercion, but Foundation attorneys are fighting alongside these workers, and will continue to fight until no Michigan worker can be forced to pay union bosses they disapprove of just to keep a job,” Messenger added.
Busted: Kroger Worker’s Card Illegally Altered to ‘Authorize’ Forced Dues
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, May/June 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Employee’s UFCW union card indicating objection to financial support changed without her knowledge
Jessica Haefner clearly exercised her rights under Texas’ Right to Work law. Foundation attorneys will get to the bottom of who faked her consent to dues deductions and restore her rights.
HOUSTON, TX – Supermarket clerk Jessica Haefner began her job at a suburban Houston Kroger store in August 2022. She attended a mandatory meeting for new employees run by United Food and Commercial Workers (UFCW) local union agents. Despite the union’s hard-sell at the meeting, she knew her rights under Texas’ Right to Work law: Union bosses couldn’t force her to pay any dues or fees to the union to keep her job.
During the meeting, Haefner followed a union representative’s instructions to indicate on a union form that she did not want to be a part of the union or pay dues or fees. But she was shocked to discover just weeks later not only that union dues were coming out of her paycheck, but also that the union form she was required to sign had been altered to indicate she consented to those deductions.
Haefner, with free legal representation from National Right to Work Foundation staff attorneys, slammed UFCW officials and Kroger with federal charges at the National Labor Relations Board (NLRB). The charges state that UFCW bosses’ and Kroger’s actions violate her rights under Section 7 of the National Labor Relations Act (NLRA), which guarantees American private sector workers’ right to abstain from any and all union activities.
“I was lied to . . . and my rights were not only violated as an employee but as an American citizen,” said Haefner.
Employee’s Dues Form Was Altered, Forced Dues Deductions Began
According to Haefner’s charges, a UFCW agent passed out a union membership application and a dues checkoff on a single form that he claimed was mandatory for meeting attendees to complete. Another piece of onboarding literature stated that Kroger management had the “opinion that you should participate and be active in the Union.”
When Haefner asked how she could exercise her right to refrain from joining the union or paying union dues, the union agent instructed Haefner to write “$0” in the field marked “union dues” on the form.
Haefner followed these instructions. But after discovering later that union dues were indeed coming out of her paycheck, Haefner quickly obtained a copy of the form on which Kroger and UFCW officials based their dues deductions. She saw that someone had changed the dues deduction amount in the field she marked “$0” to a dollar amount to induce dues deductions from her paycheck.
UFCW Chiefs Illegally Seizing Dues from Grocery Workers Across Country
UFCW’s violation of Haefner’s rights is not an isolated incident. In Pennsylvania, Foundation staff attorneys are also representing Giant Eagle supermarket cashier Josiah Leonatti, who charges UFCW Local 1776KS union officials with refusing to accommodate his religious objections to union membership (see page 3). King Soopers grocery employees from Colorado are also receiving free legal aid from Foundation staff attorneys in opposing illegal UFCW strike fines, some of which are as high as about $4,000 per worker.
“Jessica Haefner knew her rights under Texas’ popular Right to Work law and actively asserted them, yet UFCW union officials still brazenly took her money against her will,” commented National Right to Work Foundation President Mark Mix.
“As cases brought for workers with free Foundation legal aid show, UFCW bosses have a long and documented history of violating workers’ rights, whether through thousands of dollars in illegal strike fines, illegal religious discrimination, threatening teenagers’ jobs, and now by altering a worker’s dues authorization,” Mix added.
Oakland County Employee Slams Union with Federal Charges Over Illegal Seizure of Dues
As Right to Work repeal looms, Milford, Michigan, Kroger employee challenges UFCW union membership form designed to coerce dues deductions
Milford, MI (May 3, 2023) – Michigan Kroger employee Roger Cornett recently filed a federal unfair labor practice charge with the National Labor Relations Board (NLRB) against United Food and Commercial Workers (UFCW) Local 876. Cornett is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
On April 26, Kroger employee Roger Cornett charged UFCW union officials with illegally seizing union dues from his paycheck. According to his charge, Cornett was presented with a “union membership application” form to complete during an employee orientation.
The form indicated that signing it would authorize both union membership and dues deductions. Cornett’s charge says the form violates federal labor law because of its “dual purpose” nature, as the law requires any authorization for union dues deductions to be voluntary and separate from a union membership application.
Cornett attempted to resign his union membership and revoke his dues deduction authorization around March 8. He successfully resigned his membership, but the union refused to stop deducting dues from Cornett’s paycheck, alleging that Cornett could only exercise his right to stop dues deductions within a tiny “window period” enforced by union officials.
Cornett’s charge comes as Michigan legislators have decided to repeal Michigan’s popular Right to Work law, which prohibits union officials from forcing workers to join or pay dues to a union to get or keep a job. Once the repeal becomes effective, Michigan union officials will again be able to get workers fired for refusal to pay union fees.
The Foundation published a legal notice to Michigan workers, stating “after the repeal statute takes effect, it will be legal under Michigan law for private-sector employers and unions to enter into agreements that compel workers to pay fees to unions as a condition of employment.” The notice also informs Michigan Workers of their legal options after the repeal of Right to Work.
“Union boss pressures will only increase as the repeal of Right to Work nears. Foundation staff attorneys will continue to assist Mr. Cornett in navigating his case,” states Mark Mix, President of the National Right to Work Legal Defense Foundation. “In less than a year, Michigan union bosses will once again have the power to demand workers be terminated merely for refusing to support the union’s agenda with their hard-earned money.”
“The Michigan legislature and Governor Whitmer, both of whom genuflect to union boss lobbyists, made a huge mistake in repealing the Right to Work law previously protecting individual workers. Numerous polls have shown Michiganders’ overwhelming support for the Right to Work law, and yet the Michigan Legislature chose to ignore the will of the people and the rights of workers,” continued Mix. “However, even as the demise of the Right to Work law in Michigan looms, Michigan workers can still reach out to National Right to Work Foundation staff attorneys to learn what rights they have to oppose union coercion, and to request help in exercising those rights.”
Houston-Area Kroger Employee Slams UFCW Union with Federal Charges for Seizing Union Dues Using Altered Union Card
Employee objected to union membership and financial support during orientation meeting; union taking dues under guise of altered form
Houston, TX (February 21, 2023) – Cypress-area Kroger employee Jessica Haefner has just hit the United Food and Commercial Workers (UFCW) union at her workplace and her employer with federal charges. Haefner maintains that union and Kroger officials are unlawfully seizing union dues from her paycheck based on an altered union membership form that ostensibly indicates her consent to union dues deductions, even though she followed instructions on how to exercise her right to refrain from union membership and support. Haefner filed the charges at the National Labor Relations Board (NLRB) with free legal representation from National Right to Work Foundation staff attorneys.
Haefner’s charges state that UFCW Local 455 union officials’ actions violate her and her coworkers’ rights under Section 7 of the National Labor Relations Act (NLRA), which guarantees American private sector workers’ right to abstain from any and all union activities. The NLRB is the federal agency responsible for enforcing the NLRA.
Texas’ Right to Work protections also prohibit union officials from forcing private sector workers like Haefner to join or pay dues to a union as a condition of getting or keeping a job. In contrast, states lacking Right to Work laws permit the firing of private sector workers for refusal to pay money to a union hierarchy.
Union Form Was Altered
On August 22, 2022, Haefner attended a mandatory orientation meeting during which she was required to listen to a UFCW agent, her charges state. The UFCW agent passed out a union membership application and a dues checkoff on a single form that he claimed was mandatory for attendees to complete. Another piece of onboarding literature stated that Kroger management had the “opinion that you should participate and be active in the Union.”
When Haefner asked about how she could exercise her right to refrain from joining the union or paying union dues, the union agent instructed Haefner to write “$0” in the field marked “union dues” on the form. Texas’ Right to Work law protects Haefner’s right to abstain from union membership and dues payment.
Haefner followed these instructions, but later found out that union dues were coming out of her wages, her charges say. Haefner quickly obtained a copy of the form that Kroger and UFCW officials based their dues deductions on, and discovered that the “$0” she had written in the union dues field had been replaced with an amount of several dollars to induce dues deductions from her paycheck.
UFCW Bosses Across Country Illegally Snubbing Worker Requests to Abstain from Union Activity
UFCW’s violation of Haefner’s rights is not an isolated incident. In Pennsylvania, Foundation staff attorneys are also representing Giant Eagle supermarket cashier Josiah Leonatti, who charges UFCW Local 1776KS union officials with refusing to accommodate his religious objections to union membership. His charges say union officials tried to subject him to an illegal “religion test” before they considered granting him an accommodation.
“UFCW union officials seem to adhere to a nationwide policy of prioritizing dues revenue over employees’ free association rights,” commented National Right to Work Foundation President Mark Mix. “Foundation attorneys have already witnessed that UFCW bosses are willing to discriminate against religious employees in the pursuit of more dues deductions, and in Ms. Haefner’s case their malfeasance may be as bad as flat out altering employee forms to deduct dues.”
“As cases brought for workers with free Foundation legal aid show, UFCW bosses have a long and documented history of violating workers’ rights, whether through thousands of dollars in illegal strike fines, illegal religious discrimination, threatening teenagers’ jobs, and now by altering a worker’s dues authorization,” Mix added.
WV, TX Employees Defend Rights as Biden NLRB Appointee Attempts to Block Cases
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, May/June 2021 edition. To view other editions or to sign up for a free subscription, click here.
‘Acting’ GC tries to stop prosecution of union bosses for illegal dues, secret-organizing deal
Marissa Zamora is challenging the authority of NLRB “Acting” General Counsel Peter Ohr, who was installed by Pres. Biden in an unprecedented power grab and began attacking the rights of workers opposed to associating with union officials.
WASHINGTON, DC – President Biden’s unprecedented removal of National Labor Relations Board (NLRB) General Counsel Peter Robb, and subsequent installation of forced-unionism zealot Peter S. Ohr as Robb’s “Acting” replacement, quickly threatened workers’ individual rights. It also threatened the independence of the Board itself, including in multiple ongoing cases brought with National Right to Work Foundation legal aid.
In two cases brought by Foundation staff attorneys that are already before the NLRB, Ohr is attempting to stop the Board from ruling against union officials. One is a case for Texas-based nurse Marissa Zamora, which challenges union officials’ ability to hide secret “neutrality agreements” that limit workers’ rights. The other, brought for West Virginia Kroger employee Shelby Krocker, seeks to prosecute union officials for coercing workers into signing dues checkoff authorizations that are supposed to be voluntary.
Former NLRB General Counsel Peter Robb, who supported the workers in both of these cases, was removed by President Biden just minutes after his inauguration, despite the fact that Robb still had nearly 11 months remaining in his Senate-confirmed four-year term.
This unprecedented and possibly illegal maneuver flies in the face of the law creating the NLRB, which envisioned an independent General Counsel. Since the office of NLRB General Counsel was established in 1947, no sitting General Counsel of the NLRB has ever been fired by a president before the end of their term, even when the White House changed hands.
Zamora’s case progressed to the full NLRB in Washington, D.C., after an NLRB Administrative Law Judge (ALJ) dismissed a complaint that former NLRB General Counsel Peter Robb had issued, prosecuting the National Nurses Organizing Committee (NNOC) for refusing to disclose to represented employees its secret “neutrality agreement.”
TX Nurse Fights Biden Appointee Move to Shield Union’s Secret Deal
Though Zamora’s Foundation-provided attorneys and Robb had both filed exceptions urging the full Board to reverse the ALJ’s decision, NLRB Acting General Counsel Peter Ohr filed a motion on February 23, 2021, seeking unilaterally to send the complaint back to the NLRB Fort Worth regional office to be dismissed.
So-called “neutrality agreements” are organizing deals struck between union officials and employers, usually without the knowledge of employees in a workplace. They frequently contain provisions that require employers to silence opposition to unionization. In Zamora’s situation, the neutrality agreement was used to limit her ability to inform her coworkers about their right to vote out the union.
Zamora’s opposition brief challenges Ohr’s attempt to kill the case. It argues that the case is already before the full Board, and she “is a full party with a right to have her pending exceptions decided by the Board.” It notes that letting Ohr shut her out at this stage would “infringe on the Board’s exclusive power to adjudicate violations of” federal labor law.
Further, the brief contends that because of Robb’s unlawful removal, Ohr lacks the legal authority to even ask the NLRB to end the case. Allowing “the President to fire the General Counsel at will would do irreparable damage to the NLRB’s function as an independent agency,” the brief says.
In Krocker’s case, NLRB Region 6 in Pittsburgh initially dismissed Krocker’s charge challenging United Food and Commercial Workers Union (UFCW) checkoff cards which falsely stated that they “MUST BE SIGNED.”
West Virginia Kroger Employee Stands Up to Union-Allied Ohr
Foundation attorneys successfully appealed this dismissal to General Counsel Peter Robb, who sustained the charge and ordered NLRB Region 6 to issue a complaint prosecuting UFCW Local 400 for the violation.
In fact, Robb ordered Region 6 to issue the complaint on several additional grounds, including maintenance of a checkoff that prohibited employees from ending dues deductions after the expiration of a contract.
After an ALJ declined to rule that UFCW Local 400 officials violated the law with their “MUST BE SIGNED” demands and other unlawful provisions, Krocker’s Foundation staff attorneys and General Counsel Robb both appealed the case to the NLRB. Their appeals have been fully briefed before the Board since September.
After Ohr’s appointment, Region 6 entered into an inadequate informal settlement over Krocker’s objection and filed a motion to send the case back to Region 6.
Biden Appointee Shielding Union Boss Privileges
Krocker’s opposition to that motion argues, as does Zamora’s, that her case is already pending before the full NLRB and that Ohr lacks the authority to divert it away from the Board’s judgment.
“‘Acting’ NLRB General Counsel Peter Ohr’s unabated attacks on Foundation cases seeking to defend workers’ individual rights clearly show how imminent a threat our cases are to union bosses’ coercive and greedy behavior,” commented National Right to Work Foundation Vice President Patrick Semmens. “Ohr demonstrates repeatedly that he has no problem with turning the NLRB into the Biden Administration’s tool for stifling the rights of independent-minded workers who dare to stand up to Biden’s union boss allies.”
Foundation Winning Protections Against Forced Unionism at Trump NLRB
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2019 edition. To view other editions or to sign up for a free subscription, click here.
Series of victories adds protections against illegal forced dues, being trapped in union ranks
Staff attorney Glenn Taubman testified before Congress in July that existing NLRB rules wrongly favor union bosses over workers.
WASHINGTON, D.C. – In a series of recent victories, the National Labor Relations Board (NLRB) ruled in favor of workers challenging coercive union official practices, with free legal aid provided by the National Right to Work Foundation. The rulings are a stark departure from the Obama NLRB, which regularly stymied the rights of independent-minded employees opposed to associating with union bosses.
Foundation Wins Appeals in Dues Checkoff Cases
In separate cases brought by Foundation staff attorneys for Kacy Warner, a hospital worker, and Shelby Krocker, a Kroger grocery employee, the NLRB General Counsel ruled for the workers and ordered Regional Directors to prosecute union officials’ actions related to language in union dues checkoff forms.
The General Counsel’s decision to sustain Warner’s appeal concerning the checkoff authorized even more additions to the charges, saying the National Nurses Organizing Committee (NNOC) union violated the NLRA by “maintaining confusing and ambiguous dual-purpose authorization forms that unlawfully restrained employees in the exercise of their Section 7 rights.”
The General Counsel noted that the union’s forms failed to tell workers they can revoke authorizations for dues deductions after the union’s contract expires, failed to give workers adequate time to revoke authorizations, unlawfully required workers to use certified mail to send revocation requests, and failed to give “any indication to employees that payroll deduction authorization is voluntary.”
This came just a week after the General Counsel sustained another Foundation-led appeal for Krocker, who charged United Food and Commercial Workers (UFCW) union officials with illegally forcing her to sign a dues checkoff authorization. In both cases, the NLRB General Counsel authorized even more charges against union officials for misleading and confusing language regarding union dues deductions.
NLRB Regions Instructed to Prosecute Beck Violations
Also in July, the NLRB Division of Advice and General Counsel instructed regional directors to issue complaints against unions when union officials fail to inform employees of the amount of reduced union fees they can pay by objecting under the Communication Workers of America v. Beck U.S. Supreme Court decision.
The memos instruct NLRB Regional Directors to more stringently enforce workers’ Beck rights which protect workers from being forced to fund nonchargeable union activities such as union political activities. A memo issued to the Director of NLRB Region 32 read in part that “it is difficult for an employee to make an informed decision about whether to become a Beck objector without knowing the amount of savings that would result from the decision.”
“The Foundation is proud to have represented the California employee whose charge against the UFCW resulted in this Advice Memo, as well as necessitating this heightened disclosure standard by winning the Beck decision at the Supreme Court and the Penrod decision at the D.C. Circuit Court of Appeals,” National Right to Work Foundation Vice President and Legal Director Ray LaJeunesse said. Foundation staff attorneys are currently litigating several additional cases to secure and expand workers’ protections under Beck.
Ruling Aids Workers Trapped in Union Ranks They Oppose
In another Foundation victory for independent-minded workers in July, the NLRB issued a decision that limits union officials’ ability to game the NLRB system to trap workers in monopoly union ranks. The ruling allows employers to withdraw recognition from a union when a majority of its workers sign statements opposing unionization.
Foundation staff attorneys represented two workers, Brenda Lynch and Anna Marie Grant, who spearheaded the collection of signatures from a majority of workers opposed to union representation. Their employer complied with their wishes and sent the union bosses packing. After United Auto Workers (UAW) union officials sought to foist the union back onto the workers despite their clear opposition, Foundation staff attorneys persuaded the NLRB to uphold the UAW’s ouster.
“Instead of union lawyers playing legal games for months or even years to block the removal of a union that lacks majority support, the Board majority takes the common sense approach of asking union officials to prove their claim of support in a secret ballot vote of the workers,” said LaJeunesse.
