Builders FirstSource Workers Join Other KY Construction Industry Workers in Ending Teamsters Local 89 ‘Representation’
Majority of workers backed petitions calling for Teamsters removal as second workplace ejects Teamsters Local 89 bosses in recent weeks
Louisville, KY (October 2, 2025) – Kenneth Moore, an employee of Builders FirstSource, and his coworkers have been freed from the hold of Teamsters Local 89 union bosses after Builders FirstSource ended its recognition of the Teamsters as the workers’ “representative.” The employer took this decision following a petition signed by a majority of the workers demanding that Builders FirstSource end the recognition of the Teamsters.
This development comes after Moore filed a petition last month at the National Labor Relations Board (NLRB) seeking a decertification election to remove the union from his workplace. Moore filed his petition at the NLRB with free legal aid from National Right to Work Foundation staff attorneys. Moore and his colleagues now join Chris Smith and other IMI – Irving Materials drivers who were successful in removing the Teamsters Local 89 in Scottsville, KY last month.
The NLRB is the federal agency responsible for enforcing the National Labor Relations Act and adjudicating disputes between employers, unions, and individual employees.
Thanks to the 2019 Right to Work Foundation-won Johnson Controls NLRB decision, workers seeking to remove unwanted union bosses can also do so by submitting a majority-backed petition asking their employer to stop recognizing the union. If there is a dispute about the petition, the NLRB can administer a secret-ballot vote to assess the employees’ opposition to the union.
The workers’ petition to Builders FirstSource managers provided the company with proof that the majority of their employees do not support the Teamsters presence at their facility. In compliance with the Johnson Controls decision, the employer withdrew the Teamsters’ recognition.
Moore and his Builders FirstSource colleagues are amongst the most recent workers who have made strides to remove the Teamsters from their workplaces. According to the NLRB’s owns statistics, over the past 12 months over 20% of all decertification cases involved the Teamsters union.
Kentucky is one of the 26 states with a Right to Work law that protects workers by making union affiliation and dues payment strictly voluntary. However, even in Right to Work states, union officials can still impose monopoly bargaining control upon all workers within a workplace, even those who oppose the union.
“These two groups of Kentucky workers are the latest to come to the conclusion that the interests that Teamsters bosses are pursuing are at odds with the wishes of the rank and file,” commented National Right to Work Foundation President Mark Mix. “The Foundation will continue to assist workers in their efforts to free themselves from the Teamsters or any other unwanted so-called ‘representation.’”
IBEW Local 16 Folds in Case Concerning Illegal $1.29 Million Retaliatory ‘Fine’ Threat Against Local Electrician
Union bosses imposed illegal limitations on resigning union membership, told electrician he would be fined for starting new business unless he signed with the union
Evansville, IN (September 30, 2025) – Brian Head, an Evansville-based electrician, has vindicated his federal labor rights against the International Brotherhood of Electrical Workers (IBEW) Local 16 union. Head filed federal charges after IBEW union officials threatened him with a $1.29 million internal disciplinary fine even though he had validly resigned his union membership. He filed the charges at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Foundation staff attorneys.
The settlement requires union officials to rescind all fines against Head, expunge all records of them, and refrain from interfering with workers who exercise their right to resign their union membership in the future. The union is also required to notify other workers of their legal right to resign their union membership without restriction, and be free of any attempt to impose internal union fines post-resignation.
Fine Threats Came After Electrician Refused to Hand Over Business to Union Power
The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA) and adjudicating disputes between employers, unions, and individual employees. Head’s charges document that he had resigned his IBEW union membership on March 27, 2025, in a notarized letter that IBEW officials acknowledged receiving. However, the union’s reply letter claimed that “[i]t is a six-month process before the resignation is finally effective.”
The NLRA forbids restricting the right of workers to resign their union memberships. Section 7 of the NLRA enshrines workers’ right to refrain from union membership. Furthermore, union bosses cannot impose discipline or fines upon nonmember workers.
IBEW Local 16 union officials began retaliating against Head after he resigned his union membership and announced he was purchasing a non-union electrical firm. Head refused to sign an IBEW Letter of Assent, which would have likely forced his employees under union control without any kind of worker vote.
Following Head declining to hand over his business to a union he was no longer legally affiliated with, IBEW Local 16 officials sent Head correspondence on May 1 demanding he appear before a union tribunal. Head later received a letter from IBEW Local 16 bosses on June 9 finding him “guilty” of violating the union’s constitution and imposing a “$1.29 Million dollar fine” as a penalty.
Foundation-Won Settlement Forces IBEW to Inform Workers of Rights
An NLRB Regional Director reviewed Head’s charges against IBEW union officials’ overreach, and made a merit determination in his favor, finding that the IBEW Local 16 union officials violated Head’s rights under the NLRA. IBEW union officials quickly decided to back down and settle rather than go to trial against the NLRB and Head’s Foundation lawyers. In addition to expunging their million-dollar-plus retaliatory fine, the settlement details that IBEW bosses must stop informing workers that there are restrictions on the right to resign one’s union membership. Additionally, they must inform all their members of their rights under the NLRA, and post the settlement on the union’s website.
“The Foundation is pleased to have assisted Mr. Head as he challenged IBEW union bosses’ attempt to illegally extort him after he had followed all legal procedures necessary to break free from the union,” commented National Right to Work Foundation President Mark Mix. “IBEW union bosses’ use of strong-arm tactics demonstrates that they value maintaining control over Indiana electricians far above respecting those electricians’ individual rights.
“Whenever union bosses violate the rights of any American worker, Foundation attorneys are ready to assist in their defense,” Mix added.
Kentucky Construction Industry Workers File Petitions to Oust Teamsters Local 89 Union from their Workplaces
IMI – Irving Materials drivers already free of Teamsters officials’ so-called “representation” while Builders FirstSource workers await vote
Scottsville & Louisville, KY (September 22, 2025) – Chris Smith, an employee of IMI Kentucky in Scottsville, KY, and Kenneth Moore, an employee of Builders FirstSource in Louisville, KY, each filed petitions seeking to end Teamsters Local 89 union officials’ “representation” at their respective workplaces. IMI workers already secured victory in their effort to remove the Teamsters, while the effort to remove the Teamsters at Builders FirstSource is still ongoing.
Both Smith and Moore filed their petitions with the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Foundation staff attorneys. The NLRB is the federal agency tasked with enforcing federal labor law and with adjudicating disputes between employers, unions, and individual workers. Workers are able to initiate an election administered by the NLRB if their petition gathers the signatures of 30% or more of their fellow employees.
Smith and Moore’s respective petitions garnered the necessary signatures from their coworkers to trigger an NLRB-administered secret ballot election to vote on the Local 89’s continued control. After employees demonstrate sufficient support for a decertification, in most cases the NLRB will schedule a secret ballot election. That process is ongoing for the employees of Builders FirstSource in Louisville.
However, in Smith’s case the employee support for removing the union was so overwhelming that Teamsters union bosses decided to save themselves the humiliation of being formally voted out, and instead disclaimed their status as the workers’ “exclusive representative” the very same day Smith’s petition was filed. The next day the NLRB Regional Director certified that the employees are officially free of Teamsters Local 89.
The employees at IMI Kentucky and Builders FirstSource join a long list of workers who have recently banded together to remove the Teamsters from their workplaces. In fact, NLRB statistics for the past 12 months show that over 20% of all 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,’” stated National Right to Work Foundation President Mark Mix. “As Teamsters bosses attempt to cozy up to those in the halls of power, elected officials should remember that despite the claims of dishonest union bosses, union officials do not speak for the workers under their so-called ‘representation,’ many of whom would like to remove the Teamsters if given the choice. In fact, statistics show that over 90% of employees have never had a vote on the union that purports to represent them.
“That one in five decertification petitions filed last year involved the Teamsters only drives home the point that workers are increasingly rejecting union bosses’ coercive agenda,” added Mix.
California Nurse Adds New Claim in Federal Labor Board Case Against United Nurses Association of California
Charge: union officials illegally demanded nurse join union, plus maintain illegal policy that restricts right to cut off funding for political spending
Woodland Hills, CA (September 5, 2025) – Sarah Warthemann, a nurse at Kaiser Permanente, has just filed new charges in her ongoing case against the United Nurses Association of California (UNAC) union challenging union officials’ illegal demands that she pay full union dues or be fired. Warthemann’s charges were filed at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Foundation staff attorneys.
Her original charges, filed in July, stated that UNAC union bosses illegally threatened her with termination of her employment at the hospital if she did not formally join the union. Now, the amended charges also challenge union policies that require nonmembers to opt-out of paying for union political and ideological activities.
The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA) and adjudicating disputes between employers, unions, and individual employees. The charges allege UNAC union bosses are violating Warthemann and all other nurses’ NLRA Section 7 right to refrain from participating in or supporting union activities.
Because California lacks Right to Work protections, UNAC union bosses can impose union monopoly bargaining contracts that force employees to pay union dues or fees as a condition of employment. By comparison, in neighboring Right to Work states like Arizona and Nevada, union membership and all union financial support are strictly voluntary.
However, under Communications Workers of America v. Beck, a landmark Foundation-won Supreme Court case, even where forced dues are authorized, union officials cannot compel workers to fund activities unrelated to union bargaining, like union political activities. The charges note that UNAC officials have “repeatedly demanded payment from [Warthemann] for non-chargeable political and ideological expenditures without [her] affirmative consent” and argue that these demands represent illegal coercion under the NLRA.
“As the facts of this case demonstrate, the NLRB needs to step up to protect workers from being trapped into paying full union dues, including the portion used for union political activism,” observed National Right to Work Foundation President Mark Mix. “Union bosses are not above the law, they cannot be permitted to threaten and bully workers into paying dues that go towards union political activities that many workers find objectionable.”
Missouri Shangri-La Dispensary Workers Officially Free of Unwanted UFCW Union Boss “Representation”
Labor Board certifies workers’ victory in case to remove UFCW after union officials disclaim representation and walk away
Columbia, MO (September 2, 2025) – The National Labor Relations Board (NLRB) has just issued an order that officially removes United Food and Commercial Workers (UFCW) Local 655 as the exclusive “representative” of a unit of Shangri-La dispensary workers. The order makes official the workers’ victory in their legal effort to remove UFCW union officials from their workplace.
The case started when Travis Hierholzer, with free legal aid from National Right to Work Foundation staff attorneys, filed his petition with the NLRB requesting a “decertification” election to remove UFCW union bosses at his workplace. Hierholzer’s petition was signed by nearly all of his fellow workers at the dispensary. The filing of the petition triggered an election process to determine whether the UFCW would remain the dispensary workers’ exclusive representative.
The NLRB is the federal agency tasked with enforcing federal labor law and with adjudicating disputes between employers, unions, and individual workers. Workers are able to initiate an election administered by the NLRB if their petition gathers the signatures of 30% or more of their fellow employees.
The election was close to being scheduled in September among all full-time and regular part-time patient consultants, patient consultant supervisors, and inventory specialists employed at the Columbia, MO, dispensary. However, rather than proceed with the election, UFCW union bosses apparently decided to avoid the embarrassment of a nearly unanimous vote by workers against them, instead “disclaiming” their status and removing the union as the dispensary’s so-called representative.
Missouri is one of the 24 states without Right to Work protections that make union affiliation and dues payment fully voluntary, meaning Hierholzer and his coworkers could have been forced to pay dues or fees to UFCW union officials or else be fired. Now that the union has been officially decertified, union officials lack the authority to impose a forced-dues requirement on the employees.
“Workers across the country, and especially in states where union bosses can force them to pay dues or else be fired, continue to exercise their legal right to free themselves of unwanted union representation,” stated National Right to Work Foundation President Mark Mix. “The National Right to Work Foundation will continue to stand up for American workers wherever they may be, by providing free legal aid to help defend their rights and remove unwelcome union bosses from their workplace.”
Florida Imperial Bag & Paper Workers Vote to Remove Teamsters but Union Officials Seeking to Overturn Election Result
Teamsters officials trying to disenfranchise Orlando-area workers who voted to end union representation
Orlando, FL (August 27, 2025) – Teamsters union officials are moving forward in their attempt to overturn a vote by the majority of Orlando-area paper and plastic company employees to remove the union. Imperial Bag & Paper Co. employee Lionel Powell spearheaded the effort to oust International Brotherhood of Teamsters officials.
In early July of this year, with free legal aid from National Right to Work Foundation staff attorneys, Powell submitted a petition signed by enough of his peers to prompt the National Labor Relations Board (NLRB) to carry out a “decertification” vote amongst his coworkers. Foundation attorneys will now defend the vote of Powell and his coworkers at the NLRB against Teamsters bosses’ attempt to disenfranchise them.
The NLRB, the federal agency tasked with enforcing federal private-sector labor law and with adjudicating disputes between employers, unions, and individual workers, administered the vote among Powell and his Imperial Bag & Paper Co. coworkers on August 7, in which the employees voted against the union’s representation.
The election was held among all full-time and regular part-time drivers and shuttle drivers employed at the Orlando, FL, facility. A majority voted to remove Teamsters union officials as their monopoly bargaining “representative.”
Florida’s popular Right to Work law means workers cannot be fired for refusing to pay union dues or fees. However, even in Right to Work states, union officials can impose exclusive bargaining control upon all workers within a workplace, even those who oppose the union.
To end that monopoly power, workers can petition for and hold a decertification election. Imperial Bag & Paper Co. employees followed those steps, and the union failed to win the vote. But rather than accept the result of the election, Teamsters lawyers filed election objections with the NLRB seeking to cancel the ballot count. Last week, Teamsters union officials also levied new, unproven allegations of employer misconduct in an attempt to stifle the workers’ effort.
“All American workers are entitled to the full protections afforded to them by federal labor law, which include the right to vote out unwanted union officials in a secret-ballot election,” commented National Right to Work Foundation President Mark Mix. “Once again Teamsters union bosses are showing that they are more interested in preserving their own power than respecting workers’ rights and choices.
“Foundation staff attorneys will continue to assist the Imperial Bag & Paper Co. workers until they are freed from unwanted union officials,” Mix added.
DOJ Attorney Battles Biden Admin Union Power Grab Over Justice Department
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.
Foundation attorneys challenge last minute DOJ unionization in violation of FLRA case law
NTEU union bosses backed Kamala Harris for President, but when voters rejected her, NTEU union officials and the Biden-Harris Administration hastily moved to install the union at the DOJ in an apparent attempt to obstruct Trump’s priorities.
WASHINGTON, DC – In states across the country, union officials go to great lengths to gain more political influence, and will often violate established law to do so.
As veteran Department of Justice attorney Jeffrey Morrison is discovering, federal agencies are no exception. Morrison is challenging a last-minute attempt by National Treasury Employees Union (NTEU) bosses to gain monopoly bargaining control over attorneys at both the DOJ Civil Rights Division (CRT, where Morrison is employed) and the DOJ Environment and Natural Resources Division (ENRD).
The unionization campaign was fast-tracked just days after Trump’s November election victory, in an apparent attempt to formally hand NTEU union officials power over the divisions prior to inauguration day. Morrison’s legal action asks the Federal Labor Relations Authority (FLRA) to formally review the actions by the Biden DOJ and NTEU officials. The FLRA is the federal agency responsible for adjudicating disputes between federal employees, union officials, and agencies within the federal government.
Brief: DOJ Holdovers and NTEU Bosses Colluded to Flout Existing Law
Morrison, who is receiving free legal aid from the National Right to Work Foundation, contends in filings before the FLRA that the NTEU’s scheme violates an existing FLRA decision in which the agency ruled that CRT attorneys did not comprise a work unit appropriate for unionization.
DOJ management raised this exact concern about the CRT unit with the FLRA after NTEU union bosses began their campaign, but the DOJ dropped its opposition just days after the November federal elections.
Morrison is asking the FLRA to review the decision of the Regional Director to allow the election to go forward in the CRT and ENRD divisions without properly considering if these divisions are an appropriate unit under the law.
Morrison’s filings (called “Applications for Review”) came after DOJ management and NTEU union officials agreed that the CRT and ENRD were work units appropriate for unionization. His Applications for Review point out that a prior FLRA decision, Antitrust Division, held that CRT lawyers “did not have a separate and distinct community of interest from other DOJ trial attorneys” and for that reason couldn’t stand as a distinct bargaining unit.
“[T]he Authority determined this very unit to not be an appropriate unit…The Regional Director’s failure to comply with current, binding Authority precedent is in error and must be reversed,” the Application for Review says regarding the CRT attorneys. This same argument is applied to the ENRD division because it is similarly situated to CRT in the DOJ hierarchy.
FLRA Failed to Conduct Investigation Into NTEU’s Union Scheme
Morrison’s applications also contend that the FLRA “fail[ed] to conduct an independent investigation into the appropriateness of the unit,” despite the law requiring that the FLRA make such a finding.
“An agency agreeing with a union that a unit is appropriate does not mean that unit is actually appropriate. Agencies, like DOJ here, cannot usurp the Authority’s role in deciding unit appropriateness…” say the Applications for Review.
“Right before power changed hands in Washington, DC, NTEU union bosses and DOJ bureaucrats appear to have colluded to flout longstanding precedent that says Justice Department attorneys cannot legally be unionized division by division,” commented National Right to Work Foundation President Mark Mix.
“The FLRA has ignored established precedent to let this hasty unionization attempt go through, and our attorneys are proud to assist Mr. Morrison in opposing this maneuver.”
Labor Day 2024: National Right to Work Emphasizes High Stakes for Worker Freedom
Mark Mix, president of the National Right to Work Legal Defense Foundation and the National Right to Work Committee, issued the following statement on the occasion of Labor Day 2024:
On Labor Day, we celebrate the dedication and ingenuity of America’s working people. Their hard work is truly what keeps this nation prosperous and thriving, but union officials invariably attempt to hijack Labor Day to promote an agenda that undermines the rights and freedoms of our nation’s working men and women.
That’s especially true during this election year, when union officials are claiming that America’s workers are headed for disaster unless their handpicked candidates ascend to power and enact their radical policy agenda. But it’s plain to see that union bosses’ agenda prioritizes divisive politics and coercing workers far above what workers actually want – more freedom.
Big Labor is still pushing as its number-one legislative priority the radical “PRO-Act,” which will eliminate all state Right to Work protections and force millions more workers to pay union dues just to keep their jobs. Among the PRO-Act’s backers is Kamala Harris, who wants nationwide forced-dues despite admitting in a brief to the Supreme Court that union bosses use their power to undermine the economic interests of many workers.
This may be a winning strategy for collecting union boss-directed PAC contributions and endorsements, but stripping workers of the right to choose freely whether union membership and financial support is right for them is without a doubt anti-worker. This is especially true considering the vast majority of workers are not unionized and polls show most have “no interest at all” in becoming a union member.
Elected officials of all political stripes are right to want the votes of hardworking Americans, but the way to win those votes is not granting special interest union bosses the legal power to threaten workers to pay up or be fired. The real pro-worker position is Right to Work, which trusts workers with the choice, so each can join and pay dues to a union if they want but none can be required to join or pay against their will.
This Labor Day, let’s celebrate American employees by empowering each and every one with the freedom that Right to Work provides.
Mark’s statement comes as a newly released nationwide poll of registered voters finds overwhelming support for Right to Work (82%), including among voters of all party affiliations. The Rasmussen Media Group poll also found that 79 percent of union members back Right to Work and oppose forced union membership and dues. Click here to see the results.
