3 Mar 2020

Milwaukee Worker Files Federal Charges Against Teamsters Union for Violating His Rights under State and Federal Law

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NLRB Charge: Despite Right to Work law, union bosses coerced worker into becoming a union member and then blocked attempts to cut off dues payments

Milwaukee, WI (March 3, 2020) – With free legal aid from National Right to Work Legal Defense Foundation staff attorneys, an employee at a Milwaukee factory has filed federal charges against Teamsters “General” Local Union No. 200 for violating his rights under the National Labor Relations Act (NLRA) and Wisconsin’s Right to Work law.

Tyler Lewis, employed by Snap-on Logistics Company, filed an unfair labor practice charge with the National Labor Relations Board (NLRB) after union officials told him that he must become a union member and pay membership dues as a condition of employment in violation of longstanding federal law.

Teamsters union officials further refused to allow Lewis to stop union dues from being seized from his paycheck even after he learned of his rights and resigned his union membership in September 2019. Moreover, union officials continue to deduct dues from his paycheck and refuse to refund Lewis any of the dues unlawfully seized from him.

Forcing workers to pay union dues or fees as a condition of employment is prohibited under Wisconsin’s Right to Work law, which went into effect in March 2015. However, union officials continued to accept and retain union dues seized from Lewis because they claimed he could only cut off union dues deductions during a narrow union-created “window period.” Even as they made that claim, they failed to provide Lewis with specific dates when his request would be accepted under their rules.

As his charge details, the union monopoly bargaining agreement in Lewis’ workplace, which was signed after the state Right to Work law went into effect, contained language prohibited by the Right to Work law that workers must pay union dues or fees as a condition of employment. Moreover, even if the agreement was actually in place prior to the law’s effective date, Lewis’ Foundation-provided attorneys state in the filing that the passage of the Right to Work law invalidated the union’s claim that Lewis’ right to stop dues payments was limited to a brief union window period.

“Once again, Teamsters union bosses are using coercive tactics to force workers they claim to ‘represent’ to pay union dues and fees against their wishes,” said National Right to Work Foundation President Mark Mix. “Wisconsin’s Right to Work law should mean union membership and dues payment are strictly voluntary, but rather than respect workers’ rights and work to win their uncoerced support, union bosses are again attempting to trap workers in forced dues in violation of federal law.”

28 Jan 2020

SAG-AFTRA Union Officials Slammed with Federal Labor Charges After Threatening Unlawful Union ‘Discipline’ against 12-Year-Old Girl

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Union officials violate girl’s legal rights by initiating proceedings against her for filming a nonunion commercial, even though she was not a union member

Los Angeles, CA (January 28, 2020) – With free legal aid from National Right to Work Legal Defense Foundation staff attorneys, 12-year-old actress Aundrea Smith filed unfair labor practice charges against the Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) union for violating her legal rights under federal labor law.

Smith filed charges with the National Labor Relations Board (NLRB) after union officials initiated internal union proceedings and threatened to impose union “discipline” – likely a fine – on Smith for filming a nonunion commercial, even though she was not a union member at the time. The National Labor Relations Act (NLRA) prohibits union officials from imposing union “discipline” on nonmembers.

Smith did join SAG-AFTRA in April 2019, one month after filming the commercial, but subsequently resigned her union membership upon learning of her rights under the NLRA in August 2019. The NLRA provides that an individual cannot be forced to join a union just to get or keep a job and guarantees individuals the absolute right to resign their union membership whenever they choose.

Earlier this month, Communication Workers of America (CWA) union officials were forced to settle a similar case with Florida worker Jared Brewer, who is employed by AT&T. Union officials refused to acknowledge Brewer’s union membership resignation while on military leave. Then union officials unlawfully attempted to impose union “discipline” on Brewer for returning to work during a work stoppage, even though he had already resigned as a union member.

“The NLRB must intervene to halt this blatant and unlawful abuse of power by SAG-AFTRA union officials against this young actress,” said National Right to Work Foundation President Mark Mix. “We’re proud to stand with Aundrea who is standing up for her rights against this shameful bullying by union bosses.”

24 Jan 2020

AT&T Employee Wins Settlement from CWA Union after Facing Union Retaliation for Exercising Legal Rights

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Union officials refused to allow worker to resign his union membership while on military leave and attempted to fine him in violation of federal labor law

Jacksonville, FL (January 24, 2020) – AT&T employee Jared Brewer has won a favorable settlement from Communication Workers of America (CWA) Local 3106 union with free legal aid from the National Right to Work Legal Defense Foundation after union officials violated his legal rights under federal law.

To end the case, union officials rescinded their threat to subject Brewer to internal union “discipline” and fine him for exercising his legal rights under the National Labor Relations Act (NLRA). They also were required to notify other workers of their legal rights by posting notices on the union’s bulletin boards at 22 AT&T Jacksonville facilities.

Brewer was on military leave when union officials called a strike in August 2019. He sent an email to them in which he resigned his union membership. Even though the NLRA guarantees employees the right to resign their union membership at any time, union officials refused to honor Brewer’s request. One union representative falsely claimed that his resignation letter was “untimely.”

After sending a certified letter containing the same resignation language, Brewer returned to work. Despite his resignation, union officials told Brewer in an October letter that they were bringing charges against him in an internal union “trial” for working during the union-initiated work stoppage. Brewer did not attend the November 7 “trial” because he had already resigned his union membership and, therefore, could not legally be subject to union disciplinary procedures.

Union officials notified Brewer on November 15 that the union found him guilty at its “trial” and imposed a monetary fine of more. They threatened him with legal action if he did not pay the fine within 21 days.

In response, Brewer filed an unfair labor practice charge with the National Labor Relations Board with free legal aid from Foundation staff attorneys. Brewer charged that union officials violated his legal rights under the NLRA by disciplining and fining him as a nonmember, and by denying his resignation. Union officials are prohibited from requiring formal union membership as a condition of employment by both Florida’s Right to Work law and the NLRA, and under the NLRA workers are free to resign their union membership at any time.

Brewer’s unfair labor practice charges drove union officials to settle. This requires union officials to honor Brewer’s resignation and rescind the fine and union “discipline” against him. Union officials also must post for 60 days in its union hall and numerous AT&T facilities a notice in which the union promises not to “restrain or coerce” workers from exercising their legal rights to resign and work during strikes.

“Faced with legal action from National Right to Work Foundation staff attorneys, CWA union officials backed down from their blatant violations of longstanding labor law and were forced to settle with Mr. Brewer,” said National Right to Work Foundation President Mark Mix. “Federal labor law is crystal clear: Workers have an absolute right to resign their union membership if they choose, and once a worker has exercised that right they cannot be subject to fines levied by any internal union boss kangaroo court.”

12 Dec 2019

Yotel Boston Housekeepers File Charges Challenging Illegal Employer Assistance in UNITE HERE Unionization Push

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Workers file federal charges against union and hotel for pact to assist union organizers during coercive “card check” union organizing drive

Boston, MA (December 12, 2019) – Four Boston housekeepers have filed federal unfair labor practice charges with the National Labor Relations Board (NLRB) against their employer Yotel Boston and the UNITE HERE Local 26 union with free legal aid from the National Right to Work Legal Defense Foundation. The employees’ NLRB charges allege UNITE HERE union officials violated federal law by imposing union representation on workers through a coercive “card check” drive with their employer’s assistance.

Housekeepers Cindy J. Alarcon Vasquez, Lady Laura Javier, Yestca Perez Barrios, and Danela Guzman charge that Yotel Boston provided UNITE HERE’s organizing campaign with more than “ministerial aid” and recognized the union as the employees’ exclusive representative in the workplace even though union officials had not demonstrated that an untainted majority of workers support the union. The workers contend that by doing so Yotel Boston and UNITE HERE officials violated their rights under the National Labor Relations Act (NLRA).

The NLRB has long held that an employer taints employees’ efforts to remove a union if it gives those employees support such as a list of bargaining unit employees or use of company resources. The workers here argue that Yotel Boston similarly tainted the union’s organizing campaign by providing to UNITE HERE union organizers assistance amounting to more than “ministerial aid.”

These charges were filed just weeks after NLRB General Counsel Peter Robb, the Board’s top prosecutor, ordered NLRB Region 19 to prosecute Embassy Suites and the UNITE HERE Local 8 union for similarly assisting UNITE HERE in foisting the union on that hotel’s workers through a card check. Granting an appeal by Seattle housekeeper Gladys Bryant, the General Counsel found that the union’s “card check” recognition was tainted because Bryant’s employer, Embassy Suites, provided significant aid to the union officials’ organizing efforts through their “neutrality agreement” in violation of the NLRA.

Bryant’s appeal successfully argued that the “ministerial aid” standard must also apply when an employer aids union officials’ efforts to gain monopoly bargaining power over workers. Thus, the General Counsel’s ruling applied the “ministerial aid” standard consistently, no matter whether the employer’s assistance favors or opposes unionization.

“It is long past time that the National Labor Relations Board ended its double standard that helps union bosses abuse workers’ rights through coercive card check unionization drives,” said National Right to Work Foundation President Mark Mix. “The General Counsel correctly recognized recently that what qualifies as more than ‘ministerial assistance and support,’ and thus violates the National Labor Relations Act, cannot depend on whether the employer is helping outside union organizers impose unionization on workers or assisting workers in exercising their right to remove an unwanted union.”

“This case shows that union bosses are not only willing to manipulate and ignore the rights of the workers they claim they want to ‘represent,’ but that their coercion has gone unchecked for far too long because of double standards in how the NLRB has interpreted the law,” Mix added.

9 Dec 2019

Alaska School Bus Drivers Win Three Year Battle to Kick Unpopular Teamsters Union Bosses Out of Their Workplace

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Multi-year legal fight to remove union opposed by majority of workers shows need for reform of NLRB rules that allow unions to block workers’ from holding decertification votes

Anchorage, AK (December 9, 2019) – A group of Alaskan school bus drivers have just prevailed in their years-long effort to remove an unpopular Teamsters union from their workplace. The union’s ouster comes after National Right to Work Legal Defense Foundation staff attorneys provided free legal aid to Elizabeth Chase, the bus driver leading the charge to hold a decertification election so workers could vote out the union.

After workers sought for almost three years to remove the union, Teamsters Local 959 union officials finally stopped fighting the workers’ efforts by filing a disclaimer of interest with the National Labor Relations Board (NLRB) Region 19 in Seattle. The disclaimer came after the Region dismissed the union’s latest unfair labor practice charge following Chase’s fifth request for review to the full NLRB in Washington, DC, contesting the Regional Director’s continued block of a decertification vote at the behest of Teamsters bosses.

Chase is an employee of Apple Bus Company near Anchorage, Alaska. In July 2017, she submitted a decertification petition to NLRB Region 19 asking for a secret ballot election to remove the Teamsters as the monopoly bargaining representative in her workplace. Under the National Labor Relations Act (NLRA), if a decertification petition garners signatures from at least 30 percent of the employees in a bargaining unit, the NLRB is supposed to conduct a secret-ballot election to determine whether a majority of the employees wish to decertify the union. Chase’s initial petition was signed by more than 50 percent of the workers in the bargaining unit, far more than necessary to trigger a decertification vote.

The NLRB Regional Director blocked the decertification vote later that year, citing the Obama Labor Board-backed “successor bar,” which prohibits workers from removing an unwanted union simply because the ownership of an employer has changed hands. That “successor bar” is not mandated by the NLRA, which the NLRB is charged with enforcing.

Despite that setback, Chase and her coworkers continued their efforts to remove the Teamsters from their workplace, filing another decertification petition in 2018. This time, Teamsters officials moved to prevent the vote by filing successive “blocking charges” with the Regional Director, alleging unfair labor practices by Apple Bus. The Regional Director repeatedly allowed union officials to block a vote despite Chase’s pointing out that the Region failed to “explain specifically what causal connection(s) exist” between the petition and the union bosses’ allegations that made it necessary to stop the vote. All told, Chase requested five times that the full NLRB in Washington, DC, reverse the Regional Director’s decisions and let the vote proceed.

The NLRA, the federal law that the NLRB is tasked with enforcing, grants all workers the right to remove an unpopular union. Most restrictions manipulated by union bosses to halt decertification votes (such as the “successor bar” and “blocking charges”) are not established in its text but have been read into it by Big Labor-friendly Board Members under the Clinton and Obama administrations. Foundation staff attorneys have been fighting for workers for decades to eliminate these unfair, non-statutory limitations on workers’ rights to hold a vote to remove a union that has lost most workers’ support.

The NLRB is currently accepting comments on reforming the “blocking charge” doctrine and another non-statutory bar to decertification elections, the “voluntary recognition” bar. In comments to the Labor Board, Chase’s Apple Bus coworker Donald Johnson blasted the union’s ability to game the NLRB’s system to delay a decertification vote for years as “the most unfair and anti-democratic event I have been involved with in my entire life.” The window for submitting comments to the NLRB ends on January 9, 2020. Foundation attorneys have prepared comments they will file urging the Board to end both the “blocking charge” policy and “voluntary recognition” bar.

“The NLRB is tasked with protecting the right of employees to remove a union that is opposed by a majority of workers, but as this case shows us that right is undermined by non-statutory NLRB policies that allow workers to be trapped in union ranks for years at a time without even a decertification vote,” observed National Right to Work Foundation President Mark Mix. “Though Ms. Chase and her coworkers are finally free from the coercive reign of a plainly unpopular Teamsters union, the NLRB must act quickly to roll back the undemocratic election bars and blocking charge policies that undermined their rights for almost three years.”

3 Dec 2019

Seattle Housekeeper Wins NLRB Appeal Challenging Double Standard Promoting Coercive ‘Card Check’ Unionization

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NLRB General Counsel finds Embassy Suites’ ‘neutrality agreement’ with UNITE HERE violated workers’ rights by illegally assisting union organizing drive

Washington, D.C. (December 3, 2019) – With free legal aid from the National Right to Work Legal Defense Foundation, Seattle housekeeper Gladys Bryant has won an appeal to the National Labor Relations Board (NLRB) General Counsel in her case challenging the use of a “neutrality agreement” between union officials and her employer to impose a union on the hotel’s workers. Her case challenges a legal double standard that allowed union officials to impose union representation in her workplace through a coercive “card check” drive while obtaining assistance from her employer.

Bryant filed the unfair labor practice charges after the UNITE HERE Local 8 union was installed at the Embassy Suites hotel in May 2018 through an oft-abused “card check” drive which bypassed the NLRB’s secret ballot election process. As part of the so-called “neutrality agreement,” Embassy Suites gave union organizers space in the hotel to meet and solicit employees. It also provided union officials with a list of all employees’ names, jobs, and contact information to assist the union in collecting authorization cards from employees.

After NLRB Region 19 officials declined to prosecute the union or employer for violations of the National Labor Relations Act (NRLA), Bryant appealed the case to the NLRB General Counsel in January 2019. In response to the appeal, the General Counsel found that the union’s “card check” recognition was tainted because Embassy Suites through the “neutrality agreement” provided significant aid to the union officials’ organizing efforts in violation of the NLRA.

The NLRB General Counsel agreed with Bryant’s Foundation attorneys that Embassy Suites provided UNITE HERE’s organizing campaign with more than “ministerial aid.” The NLRB has long held that an employer taints employees’ efforts to remove a union if it gives the employees support such as providing a list of bargaining unit employees or use of company resources. Bryant’s appeal successfully argued that the “ministerial aid” standard must also apply when an employer aids union officials’ efforts to gain monopoly bargaining power over workers. Thus, the General Counsel’s ruling applies “ministerial aid” standard consistently, no matter whether the employer’s assistance is in favor of or opposed to unionization.

After the tainted card check drive, Bryant and her coworkers collected enough signatures for a secret-ballot decertification vote to remove the union. However, they were denied that vote when the NLRB blocked their petition based on the “card check” recognition. The block was due to Lamons Gasket, a 2011 Obama NLRB ruling barring decertification for up to one year after unionization via card check. The Board is now accepting comments as to whether it should end or modify that “voluntary recognition bar.”

“It is long past time that the National Labor Relations Board put an end to this double standard that allows union bosses to abuse workers’ rights,” said National Right to Work Foundation Mark Mix. “The General Counsel is correct to finally recognize that what qualifies as more than ‘ministerial assistance and support,’ and thus violates the National Labor Relations Act, cannot depend on whether the employer is helping outside union organizers impose unionization on workers or assisting workers in exercising their right to remove an unwanted union.”

“As this case demonstrates, not only are union bosses willing to manipulate and ignore the rights of the workers they claim they want to ‘represent,’ their coercion has gone unchecked for far too long because of double standards in how the NLRB interprets the law,” Mix added.

25 Nov 2019

AT&T Employee Hits CWA Union with Unfair Labor Practices Charges for Violating Rights During Military Leave

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Union officials refused to allow worker to resign his union membership and attempted to fine him for exercising his legal rights

Jacksonville, FL (November 25, 2019) – With free legal aid from the National Right to Work Legal Defense Foundation, AT&T employee Jared Brewer has filed unfair labor practice charges at the National Labor Relations Board (NLRB) against Communications Workers of America (CWA) Local 3106 for violating his legal rights. Brewer charges that CWA union officials illegally refused to accept Brewer’s legitimate request to resign his union membership and later used that as grounds to fine Brewer after he had resigned from the union.

Brewer was on military leave when union officials called for a strike in August 2019. He sent an email to union officials in which he resigned his union membership. Instead of respecting his legal right to resign at any time, a union representative falsely told him that his resignation letter was “untimely.” Brewer returned to work and sent a certified letter containing the same resignation language.

Then in an October letter, union officials told Brewer that they were bringing charges against him in an internal union “trial” for exercising his right to work despite the union-initiated work stoppage. Brewer did not attend the November 7 “trial” because he had already resigned his union membership and therefore could not legally be subject to union disciplinary procedures.

Union officials notified Brewer on November 15 that the union had found him guilty at its “trial” and imposed a fine of more than $700. Union officials threatened him with legal action if he did not pay the fine within 21 days.

Brewer’s unfair labor practice charge alleges that union officials violated his legal rights under the National Labor Relations Act (NLRA) by attempting to discipline and fine him as a nonmember, in addition to denying his resignation of union membership. Under the NLRA, union officials are prohibited from requiring union membership as a condition of employment and workers are free to resign their union membership.

“CWA union bosses are blatantly violating longstanding law by denying Mr. Brewer’s request to resign his union membership,” said National Right to Work Foundation President Mark Mix. “Federal labor law is crystal clear: Workers have an absolute right to resign their union membership if they so choose and once a worker has exercised that right they cannot be subject to fines levied by any internal union boss kangaroo court.”

18 Sep 2019

General Motors Employee Hits UAW Union Bosses with Federal Unfair Labor Practice Charge for Illegal Discrimination

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Charge: UAW officials illegally discriminated against nonmember worker causing GM to block possible promotion

Lansing, MI (September 18, 2019) – General Motors (GM) employee Joseph Small has filed an unfair labor practice charge against the United Auto Worker (UAW) Local 652 union with free legal aid from the National Right to Work Legal Defense Foundation.

According to the charge filed with the National Labor Relations Board (NLRB) by National Right to Work Foundation staff attorneys, union officials interfered in the interview and hiring process for an opening at GM for which Small had applied. Union officials later admitted the position went to a union member instead of Small because Small had exercised his legal right to refrain from union membership and from paying union dues.

This discrimination against Small by UAW union officials violates his legal rights under the National Labor Relations Act (NLRA). The NLRA outlaws discrimination by union officials against workers who elect to refrain from union activity. Small exercised his rights under Michigan’s Right to Work law, which not only allows workers to decline union membership but allows workers to stop any payment of union dues or fees as a condition of employment.

The unfair labor practice charge by Small comes as UAW officials have ordered a nationwide strike against GM affecting over 40,000 workers. The Foundation has issued a special notice to GM employees informing them about how to exercise their legal rights to refrain from participating in the strike and return to work.

The notice can be found here: www.nrtw.org/UAW-GM

Meanwhile, UAW officials have been caught up in an expanding corruption and embezzlement scandal that has resulted in numerous indictments, with the FBI reportedly recently raiding the home of current UAW President Gary Jones just weeks ago. In a separate case brought Foundation staff attorneys, the NLRB issued a decision earlier this month holding that UAW officials illegally seized dues from a Ford Motors employee’s paycheck while ordering the union to return the funds.

“UAW union officials continue to show a willingness to break the law, even violating the rights of the very workers they claim to represent,” said National Right to Work Foundation President Mark Mix. “Whether it be federal corruption prosecutions or unfair labor practice charges at the NLRB, UAW bosses must be held accountable when they break the law.”

4 Sep 2019

Labor Board Rules UAW Violated Ford Worker’s Legal Rights by Unlawfully Accepting Union Dues Deducted from Paycheck

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NLRB orders union officials to reimburse funds seized after employee resigned his union membership and revoked authorization to deduct any further dues

Washington, D.C. (September 4, 2019) – Ford Motor Company employee Lloyd Stoner won an important legal victory at the National Labor Relations Board (NLRB) with free litigation aid from National Right to Work Legal Defense Foundation staff attorneys after union officials violated his legal rights.

An NLRB three-member panel unanimously affirmed a ruling by an administrative law judge that United Automobile Workers (UAW) Local 600 union officials violated Stoner’s rights under the National Labor Relations Act (NLRA). The NLRB ordered the Dearborn, Michigan-based union local officials to reimburse Stoner for union dues unlawfully deducted from his paycheck after he attempt to exercise his legal right to revoke his dues checkoff authorization.

Administrative Law Judge Michael A. Rosas ruled in February that UAW Local 600 engaged in unfair labor practices under the NLRA by accepting union dues deducted from Stoner’s wages for two-and-a-half months after he resigned union membership and revoked his authorization to deduct dues. The union also failed to refund any of the dues taken without Stoner’s consent for nearly five months after his revocation.

Stoner had already won a favorable settlement in January from the Ford Motor Company, which was charged for deducting the unauthorized dues from his paycheck.

In addition to refunding dues unlawfully deducted from Stoner’s paycheck, the NLRB ordered union officials to honor any requests of employees to resign from membership and revoke their dues checkoff authorizations. UAW union officials must refrain from coercing workers from exercising their rights under the National Labor Relations Act (NLRA), the Board added.

“By standing up for his rights, Lloyd Stoner has won a clear victory for himself and his colleagues against abusive union practices,” said National Right to Work Foundation President Mark Mix. “The Board is absolutely right that union bosses cannot keep accepting money deducted from a worker’s paycheck even after an employee resigns his union membership and tells the union he no longer wishes to pay dues.”

“It is outrageous that union officials thought they could get away with an obvious violation of the National Labor Relations Act,” Mix added. “Scandal ridden UAW bosses may claim to represent rank-and-file workers, but their actions repeatedly show they are really just out for power and money.”