20 Dec 2023

Support Staff at St. Christopher’s Hospital for Children Vote to Eject AFSCME Union Officials

Posted in News Releases

Large unit of over 270 medical assistants, office coordinators, and others will now be free of union control

Philadelphia, PA (December 20, 2023) – Support staff at St. Christopher’s Hospital for Children in Philadelphia have successfully voted American Federation of State, County, and Municipal Employees (AFSCME) union officials out of power at their facility. The victory follows hospital employee Shidiah Jackson’s submission of a petition to the National Labor Relations Board (NLRB), which contained signatures from enough of her coworkers to trigger a union decertification vote under NLRB rules.

National Right to Work Foundation staff attorneys provided Jackson with free legal advice during the decertification process. The approximately 277-person work unit contains medical assistants, office coordinators, medical secretaries, and many other support employees, and the tally of ballots showed nearly 60% of those participating in favor of ousting AFSCME. The vote occurred on November 30, and the NLRB certified the results of the election earlier this month.

The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install or remove unions. Under NLRB rules, a union decertification petition must contain the signatures of at least 30% of the employees at a workplace to trigger a decertification election.

If a majority of workers vote against a union in a decertification vote, the union is removed from the workplace and loses its monopoly bargaining power. Such power permits union officials to dictate the contract provisions of all employees in a unit, even those who oppose or voted against the union.

Because Pennsylvania lacks Right to Work protections for its private sector workers, AFSCME union bosses had the power to enter into contracts with hospital management that forced Jackson and her coworkers to pay union dues or fees just to keep their jobs. In contrast, in Right to Work states, union membership and all union financial support are strictly voluntary.

Healthcare Employees Across the U.S. Reject Union Control

“AFSCME union officials were taking money from many employees’ paychecks but didn’t advocate effectively for me or my colleagues,” Jackson commented. “I’m glad that we were able to exercise our right to remove the AFSCME, and I think we will be able to serve the hospital’s medical staff and patients better with the union gone.”

In Minnesota, support staff at Mayo Clinic in Austin are currently seeking to boot Steelworkers union officials from their facility as well. Foundation staff attorneys earlier this month filed an NLRB union decertification petition for patient care specialist Erin Krulish, which contains signatures from a majority of other support staff at the clinic. Krulish’s effort is the latest in a string of Foundation-backed union decertification efforts in the Gopher State, with nurses and support staff at Mankato’s Mayo Clinic and St. James Mayo Clinic nurses all voting successfully to remove unions in 2022 alone.

“It seems that American medical employees are discovering that union officials’ one-size-fits-all ‘representation’ doesn’t always work to their benefit, nor does it help them take better care of their patients,” commented National Right to Work Foundation President Mark Mix. “It’s easy to see why healthcare workers would want to avoid compulsory dues payments, or being ordered to strike and abandon their patients during a busy time.”

“Those in the healthcare industry should know that they have a right to petition the NLRB for a vote to remove a union, and that National Right to Work Foundation staff attorneys can assist them through this daunting process,” Mix added.

26 Dec 2023

Philly Public Defender Beats Illegal UAW Dues Deduction Scheme

The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.

UAW boss threatened to reduce workers’ wages for not signing dues card

Philly Public Defender Brunilda Vargas surely didn’t feel “represented” by UAW bosses when they sought to reduce her and her colleagues’ pay just for not signing dues cards. Mark Mix expressed the outrageousness of this scheme to The Philadelphia Inquirer.

Philly Public Defender Brunilda Vargas surely didn’t feel “represented” by UAW bosses when they sought to reduce her and her colleagues’ pay just for not signing dues cards. Mark Mix expressed the outrageousness of this scheme to The Philadelphia Inquirer.

PHILADELPHIA, PA – Brunilda Vargas, a public defender for the City of Philadelphia, staunchly objected when United Auto Workers (UAW) Local 5502 union bosses sought to gain power over her and her colleagues at the Defender Association of Philadelphia.

After UAW union officials were installed in her workplace, things only got worse for her. A UAW union official threatened Vargas and her coworkers that, if they didn’t sign cards authorizing the direct deduction of union dues from their paychecks, their wages would be reduced. This threat was a blatant violation of federal law.

Vargas challenged UAW officials’ illegal demands with free legal aid from the National Right to Work Legal Defense Foundation. Union bosses quickly backed down, and in June entered into a settlement approved by National Labor Relations Board (NLRB) Region 4 which fully vindicates Vargas’ and her coworkers’ rights.

Public Defender Hits UAW with Federal Charges Following Intimidation

On April 18, 2023, Vargas filed her federal unfair labor practice charge with NLRB Region 4 for the threats made against her and her colleagues at the Defender Association of Philadelphia. UAW officials issued these threats against public defenders who chose not to sign automatic dues deduction authorization forms.

Even though Vargas works in the non-Right to Work state of Pennsylvania and can be forced to pay some union dues as a condition of employment, federal law prohibits forcing workers to authorize automatic dues deductions from their paychecks. Had Vargas lived in a Right to Work state, not only would she have the right to refrain from automatic dues deductions from her paycheck, but she could also refrain from financially supporting the union altogether. In Right to Work states, workers are fully protected from mandatory union membership and financial support, both of which must be completely voluntary.

Settlement Forces Union Bosses to Fully Abandon Illegal Threats

Now, pursuant to settlements, the UAW must email and post notices informing workers that the union will not work with the workers’ employer to reduce wages of nonmembers that do not sign automatic dues deductions forms. The union must also not suggest failure to sign a dues deduction card could lead to a worker’s termination. Finally, the union must not coerce or restrain individuals from expressing their rights under Section 7 of the National Labor Relations Act.

“[UAW] will not threaten objecting non-members that we will notify the Employer it can seek refunds of their contractual salary increases if they do not sign a dues deduction authorization form. Neither employees nor members are legally required to execute a dues deduction authorization form,” the notice reads.

“While we are happy that we were able to help Vargas and her coworkers fight UAW misconduct, this instance is but the tip of the iceberg when it comes to UAW malfeasance,” commented National Right to Work Foundation Vice President Patrick Semmens. “The recent federal probe into UAW officials stealing and misusing workers’ money has sent multiple top UAW bosses to jail, and uncovered a shocking culture of contempt for workers’ rights.”

“Fortunately, the numerous victims of UAW boss abuses need not fight alone,” continued Semmens. “They have an ally in the National Right to Work Foundation.”

19 Jun 2023

Philadelphia Public Defender Wins Case Against UAW for Illegal Union Dues Deduction Scheme

Posted in News Releases

Union officials settles to avoid NLRB prosecution after threatening workers to reduce wages

Philadelphia, PA (June 19, 2023) – To avoid a federal prosecution for illegal threats against workers, including to reduce the wages of workers who didn’t sign union dues deduction cards, United Autoworkers (UAW) Local 5502 union officials backed down and entered into an NLRB settlement. This settlement is a full victory for Philadelphia public defender Brunilda Vargas, who filed a federal unfair labor practice charge against the union with free legal aid from the National Right to Work Legal Defense Foundation.

On April 18, 2023, Brunilda Vargas filed her federal unfair labor practice charge with the National Labor Relations Board Region 4 (NLRB) for the threats made against her and her colleagues at the Defender Association of Philadelphia. These threats came from a UAW union official against public defenders who chose not to sign automatic dues deduction authorization forms.

Because private sector workers in Pennsylvania lack the protection of a state Right to Work law, some union fees can be required as a condition of employment. However, employees can never be required to authorize automatic dues deductions from their paychecks under long-established federal law.

Now, pursuant to settlements, UAW must email and post notices informing workers that the UAW union will not be working with the employer to reduce wages of non-members that do not sign automatic deductions forms, will not suggest that not signing a dues deduction could lead to their termination, or further coerce or restrain individuals from expressing their rights under Section 7 of the National Labor Relations Act.

The notice reads, “[UAW] will not threaten objecting non-members that we will notify the Employer it can seek refunds of their contractual salary increases if they do not sign a dues deduction authorization form. Neither employees nor members are legally required to execute a dues deduction authorization form.”

Had Vargas lived in a Right to Work state, not only would she have the right to refrain from automatic dues deductions from her paycheck, but she could also refrain from financially supporting the union altogether. In Right to Work states, workers are fully-protected from mandatory union membership and financial support, both of which must be completely voluntary.

“While we are happy that we were able to assist Vargas and her coworkers fight UAW misconduct, this instance is but the tip of the iceberg when it comes to UAW malfeasance,” commented Mark Mix, President of the National Right to Work Legal Defense Foundation. “The recent federal probe into UAW officials stealing and misusing workers’ money has sent multiple top UAW bosses to jail, and uncovered a shocking culture of contempt for workers’ rights.”

“The Foundation fields hundreds of cases each year. assisting individual workers in fighting back against union corruption. Workers under UAW unions should know that the Foundation is here to assist them in protecting and enforcing their rights in the workplace,” continued Mix.

10 Nov 2023

Overwhelming Majority of Bethlehem, PA, Hygrade Metal Workers Vote to Remove Steelworkers Union Bosses

Posted in News Releases

With landslide 15-3 vote against union, Hygrade workers join other PA-based metal workers who ousted the Steelworkers union this year

Bethlehem, PA (November 10, 2023) – Metal workers at Hygrade Metal Moulding Manufacturing, a Bethlehem-based metal fabricator, have voted 15-3 to remove unpopular Steelworkers union officials from their facility. The National Labor Relations Board (NLRB) held the election on November 9 at Hygrade’s headquarters. Following the NLRB’s certification of the vote, the Steelworkers union will lose its monopoly bargaining control over the Bethlehem facility.

The election follows Hygrade employee Michael Soto’s submission of a majority petition last month asking the NLRB to conduct an election to oust the union – also known as a “decertification vote” – at his workplace. He received free legal aid in submitting his petition from the National Right to Work Legal Defense Foundation.

Because Pennsylvania lacks Right to Work protections for its private sector employees, Steelworkers union officials entered into agreements that forced Soto and his coworkers to pay union dues just to keep their jobs. In Right to Work states, in contrast, union membership and all union financial support are strictly voluntary. However, in both Right to Work and non-Right to Work states, union officials can impose their monopoly bargaining powers over every employee in a work unit, even those who voted against the union or oppose its presence. A successful decertification vote strips union officials of this privilege.

“Steelworkers union officials didn’t stand up for our interests, yet they still had control over our workplace and were taking our dues money,” commented Soto. “My coworkers threw big support behind the petition, and now we have freed ourselves from the Steelworkers, as is our right under federal law.”

Steelworkers Already Faced Overwhelming Rejection by NW Pennsylvania Metal Workers Earlier This Year

Soto and his coworkers’ Foundation-backed election victory is the second rejection that Pennsylvania Steelworkers union officials have had to face this year. In January, Latrobe Specialty Metals workers in Venango County, PA, successfully booted out Steelworkers union officials who tried to ratify an unpopular contract with the employer behind the workers’ backs. The maneuver was meant to manipulate a non-statutory NLRB policy known as the “contract bar” to keep the union in power despite workers’ vote to remove it. The NLRB eventually rejected this gambit, and other union objections to the election result didn’t succeed. The Latrobe Specialty Metals workers were then free of the unwanted union.

Biden NLRB Putting More Restrictions on Workers’ Right to Remove Unions

Soto and his coworkers’ victory comes as the Biden NLRB in Washington, D.C., is attempting to make it more difficult for workers to exercise their right to remove unwanted unions, while giving union officials more tools to gain power in a workplace without even a vote. The NLRB is expected to soon issue a final rule overturning the Election Protection Rule, a Foundation-backed 2020 reform which made commonsense improvements to the decertification process.

The Biden NLRB’s proposed rule, among other things, will give union bosses the power to use “blocking charges,” or unproven allegations of employer misconduct, to prevent workers from voting to decertify a union. The proposed rule will also strip workers of the ability to file for a secret ballot election after a union installs itself via “card check,” a coercive process that bypasses the NLRB’s standard election process and instead permits union bosses to collect cards from workers (often through strong-arm tactics) that are counted as “votes” for the union.

“National Right to Work Foundation staff attorneys are proud to help workers exercise their free choice rights and vote out union officials that don’t serve their interests,” commented National Right to Work Foundation President Mark Mix. “While we’re happy that Mr. Soto and his coworkers have ousted a union they don’t want, that right is at risk as the Biden Administration is charging forward on giving its union boss political allies more tools to maintain their forced-representation and forced-dues powers over workers – just ahead of the 2024 election.”

9 Nov 2023

Philadelphia Starbucks Workers File Petition Demanding Vote to Remove SBWU Union

Posted in News Releases

Union already voted out by Good Karma Café workers, now union bosses may face second rejection by Philly employees in just months

Philadelphia, PA (November 9, 2023) – An employee of Starbucks at 600 S. 9th St. in Philadelphia filed a petition with National Labor Relations Board (NLRB) Region 4, asking the federal agency to hold a vote at his workplace to remove (or “decertify”) the Starbucks Workers United (SBWU) union. The employee, Michael Simonelli, is now receiving free legal aid from the National Right to Work Legal Defense Foundation in defending his petition.

Simonelli’s petition contains signatures from a majority of employees at his workplace, more than enough to trigger a vote under NLRB rules. Because Pennsylvania lacks Right to Work protections for its private sector workers, SBWU union bosses can compel Simonelli and his coworkers to pay union dues as a condition of keeping their jobs. In Right to Work states, in contrast, union membership and all union financial support are strictly voluntary.

However, in both Right to Work and non-Right to Work states, union officials in a unionized workplace are empowered by federal law to impose a union contract on all employees in a work unit, including those who oppose the union. A successful decertification vote strips union officials of that power.

SBWU May Face Second Rejection in Philly as Worker Attempts to Oust Unions Increase Nationwide

Simonelli and his colleagues join Starbucks workers and other coffee employees across the country in banding together to vote out SBWU union officials. This year, Starbucks employees in Manhattan, NY; two Buffalo, NY locations; Pittsburgh, PA; Bloomington, MN; Salt Lake City, UT; Greenville, SC; and Oklahoma City, OK, have all sought free Foundation legal aid in filing or defending decertification petitions at the NLRB. In Philadelphia, workers at Good Karma Café, an independent coffee shop in Philadelphia, successfully voted out the SBWU union in September with Foundation help.

This growing wave of decertification attempts is occurring after SBWU union agents engaged in a multi-year, aggressive unionization campaign against Starbucks employees. As part of the campaign, SBWU spent over $2 million to target the coffee chain with paid union agents – including “salts” who obtained jobs at Starbucks locations with the covert mission of installing union power. After achieving this goal, many “salts” abandoned the stores.

Many workers targeted by this campaign are demanding decertification votes roughly one year after an SBWU union was installed at their store, which is the earliest possible opportunity afforded by federal law to do so.

Outside of Starbucks, union decertification efforts are becoming much more common. Currently, the NLRB’s data shows two consecutive years of increased decertification efforts, with a nearly 30% increase in decertification petitions last year versus 2021.

SBWU Union Officials Doubling-Down on Legal Strategy to Squash Worker Votes

However, union officials have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unrelated or unverified charges against management. Currently, SBWU union officials are attempting to block Starbucks workers nationwide from exercising their right to decertify the union by filing unproven charges.

“SBWU union officials spent big to expand their monopoly bargaining power over Starbucks. Now that they’re witnessing workers resist the union’s agenda and so-called ‘representation,’ they’re manipulating every legal privilege they have to try to stay in power,” commented National Right to Work Foundation President Mark Mix. “In doing so, of course, they’re turning the workers they claim to speak for into prisoners of the union, and trampling their free choice rights.”

“SBWU union bosses may fear that Mr. Simonelli and his coworkers will force them to relive the same kind of rejection they faced at Good Karma Café locations just across Philadelphia, but we at the Foundation will continue to defend his and his coworkers’ rights until their voices are heard at the ballot box,” Mix added.

26 Sep 2023

Foundation-Backed Workers Notch Victories Over Dues-Hungry UAW Bosses

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.

UAW caught using threats and coercion to illegally seize workers’ dues

Shiphrah Green Louisville Courier Journal Foundation Action

Ford employee Shiphrah Green excoriated UAW bosses in the Louisville Courier Journal over their blatant disregard for her rights. Foundation attorneys are helping her and others battle the notoriously corrupt union.

LOUISVILLE, KY – United Auto Workers (UAW) union officials have a well-deserved reputation for looking out for their own interests while throwing rank-and-file workers under the bus. The most prominent recent example is the corruption and embezzlement scandal, in which federal investigators revealed that UAW officials had siphoned millions of dollars in workers’ money to fund opulent golf vacations in luxury condos and private villas, spa and amusement park visits, $60,000 cigar-buying sprees, and much more.

But the federal corruption probe that led to eleven top UAW bosses pleading guilty, including former union presidents Gary Jones and Dennis Williams, is hardly the only time greedy UAW bosses abused their government-granted monopoly bargaining powers.

In a series of recent cases brought by National Right to Work Foundation staff attorneys against the UAW, workers are utilizing the Foundation’s free legal aid to vindicate their rights in the face of illegal dues demands by UAW officials.

Foundation-won Settlements Force UAW to Return Money to KY, IA Workers

Shiphrah Green, an employee of Ford Motor Company’s Louisville Assembly Plant, prevailed over UAW Local 862 bosses with free Foundation legal aid in April. UAW bosses were forced to settle and return money they had unlawfully taken from Green’s pay.

Green’s federal charges against the union maintained not only that UAW officials had made her jump through unnecessary hoops to exercise her right to cut off union dues, but also that UAW bosses made threats against her job when she tried to resign, with one union official warning her “if it were up to me, you’d lose your job for leaving the union.” Green’s settlement also forced UAW officials to refrain from such illegal threats in the future.

Meanwhile in Iowa, four employees of air filter manufacturer Donaldson won a recent settlement in which UAW officials were required to return over $1,000 in illegally-seized dues.

In each Donaldson worker’s case, UAW bosses had either refused to stop dues deductions despite producing no original documentation showing the workers had consented to such deductions in the first place, or had kept seizing money after an employee resigned union membership and revoked authorization to deduct dues, which should have been effective in stopping the flow of dues.

Because Ms. Green and the Donaldson workers reside in Right to Work states, the Foundation-won cases mean they will be free from all union financial support going forward.

Philly Public Defender Hits UAW with Charges

Even in non-Right to Work states where union officials have the power to compel workers to pay some fees under threat of termination, UAW bosses still go far beyond what is legal in their greedy forced-dues demands.

For example, Foundation staff attorneys recently filed a case for Philadelphia public defender Brunilda Vargas. Vargas, a vocal opponent of the UAW’s unionization drive, was told by UAW organizers that the union would reduce her and her coworkers’ wages if they did not grant the union the power to automatically deduct union dues directly from their paychecks.

Not only is the threat illegal, but further, employees can never be required to authorize automatic dues deductions from their paychecks under long-established federal law. This is true even in a state like Pennsylvania where workers lack the protection of a Right to Work law. Vargas’ charge, filed in June, is now being investigated.

“American workers likely have a plethora of reasons for wanting nothing to do with UAW union officials, including but not limited to the dizzying corruption in the union that has led to so many union officials going to prison,” commented National Right to Work Foundation Vice President Patrick Semmens. “As Foundation attorneys have experienced, UAW officials will often resort to clearly illegal methods to squeeze money out of dissenting workers in violation of federal law.”

“Union bosses who cannot convince workers to pay union dues voluntarily should not be allowed to seize union dues under threat of termination,” Semmens added.

13 Jul 2023

Pittsburgh Starbucks Workers Seek Vote to Remove Unwanted SBWU Union

Posted in News Releases

Pittsburgh employees latest to join growing number of Starbucks employees seeking decertificiation votes to oust union

Pittsburgh, PA (July 13, 2023) – Employees at Pittsburgh’s Penn Center East Starbucks branch just submitted a petition to the National Labor Relations Board (NLRB), asking the federal agency to hold a vote at their workplace on whether to oust the Starbucks Workers United (SBWU) union. The employee who submitted the petition, Elizabeth Gulliford, is receiving free legal aid from National Right to Work Foundation staff attorneys.

The union decertification petition contains signatures from enough workers at the Penn Center East coffee shop to trigger a vote under the NLRB’s rules. With the petition filed, the NLRB should now promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on the workers.

Because Pennsylvania lacks Right to Work protections for its private sector workers, SBWU union officials have the power to enter into agreement with Starbucks forcing Gulliford and her coworkers to pay union dues or fees as a condition of keeping their jobs. In contrast, in Right to Work states, union membership and financial support are strictly voluntary.

“SBWU union bosses have not looked out for the interests of me and my fellow employees,” commented Gulliford. “We simply want to exercise our right to vote out a union that we don’t believe has done a good job, and both SBWU and Starbucks should respect that right and our final decision.”

Starbucks Workers Increasingly Seek to Vote Out SBWU Union Officials

The Pittsburgh Starbucks workers are just the latest group of Starbucks workers seeking to exercise their right to vote out unwanted union officials. Foundation attorneys are currently assisting Starbucks employees in Manhattan, NY, and Buffalo, NY, in obtaining union decertification votes. As with the New York locations, the SBWU union only came to power at the Pittsburgh Starbucks about a year ago – meaning workers began attempts to vote out SBWU as soon as legally allowed. Federal labor law prevents workers from exercising their right to remove an unpopular union for at least one year after one is installed.

A contributing factor to the growing worker dissatisfaction with SBWU union officials may be the controversial practice of “salting,” which according to news reports is a tactic the SBWU union employed to install union power at New York Starbucks locations. “Salting” involves union officials surreptitiously paying union agents to obtain jobs at non-union workplaces to agitate for union control. “Salts” generally hide their union-allied status from both managers and their coworkers, and may quickly depart the workplace once a union has been installed. The New York Post reported that one SBWU union agent was paid nearly $50,000 to “salt” a Buffalo Starbucks location, and concealed her affiliation from both her coworkers and Congress.

Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021. However, union officials still have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unrelated or unverified charges against management.

“As more Starbucks workers seek to kick SBWU from their stores, the agenda of these union officials is becoming clearer and clearer,” commented National Right to Work Foundation President Mark Mix. “SBWU union officials sought to extend their power over as many Starbucks workers as they could through controversial tactics, all in pursuit of greater dues revenue and scoring political points. Meanwhile, workers’ interests were ignored completely.”

“While we are happy that the Starbucks workers are able to take their first steps in exercising their rights oust an unwanted union, we call on SBWU union officials not to attempt to block or otherwise interfere with the rank-and-file workers’ right to hold this vote,” continued Mix. “Union bosses should not be allowed to keep their grip on power simply by disenfranchising those they claim to ‘represent.’”

30 Jan 2023

Northwestern Pennsylvania Metal Employees Finally Free from “Representation” of Unpopular Steelworkers Union Bosses

Posted in News Releases

Steelworkers bosses backed down from pursuing final objection to worker vote against union, attempt to trap workers under unpopular contract already failed

Venango County, PA (January 30, 2023) – With free legal aid from the National Right to Work Legal Defense Foundation, Kerry Hunsberger and her coworkers at Latrobe Specialty Metals Company have successfully freed themselves from the unwanted “representation” of United Steelworkers (USW) union officials. Hunsberger and her coworkers voted to remove USW officials from their facility in December, following USW officials’ claim that no vote should occur because union officials secretly “ratified” a union contract that workers had overwhelmingly voted down twice.

USW officials outrageously argued before the National Labor Relations Board (NLRB) that their covert signing of a tentative contract triggered a non-statutory policy known as the “contract bar” that prevented Hunsberger and her coworkers from voting the union out. However, Hunsberger’s Foundation-provided attorneys successfully defeated this union maneuver in November, which cleared the way for the vote to proceed. The “contract bar” is a non-statutory NLRB policy that arbitrarily immunizes unions from being “decertified” for up to three years after union officials and management conclude a contract.

A November decision of the NLRB regional director rejected the “contract bar” arguments, pointing out that the contract union officials sought to enforce lacked basic elements like start and end dates and thus doesn’t qualify as a contract sufficient to bar an election. Despite that ruling, union officials raised another objection after a majority of Latrobe Specialty Metals workers voted to remove the union, dubiously arguing that Latrobe Specialty Metals’ refusal to enforce the incomplete contract during the election period should invalidate the decertification vote.

However, Steelworkers bosses withdrew their objection on January 12, presumably because they recognized the unlikelihood that such an objection would reverse their election defeat. Union officials presented no additional objections by a January 27 filing deadline, meaning Hunsberger and her coworkers’ rejection of the USW union stands and has been certified by the NLRB.

USW Union Official Signed Unpopular Contract in Secret to Avoid Being Voted Out by Workers

In July 2022, Latrobe Specialty Metals workers first voted on a contract drawn up by Steelworkers union officials. The workers soundly rejected the contract, and Hunsberger began collecting employee signatures for a “decertification petition” shortly afterwards.

According to documents and transcripts filed with the NLRB, when Steelworkers union officials discovered a decertification petition was circulating, their representative secretly and unilaterally signed the disfavored contract on July 28, without telling the employees or the employer, in an attempt to trigger the “contract bar” rule and avoid the union being voted out.

In their haste to enact the employee-rejected contract to trigger the “contract bar,” union officials didn’t finalize critical details of the contract, like the start and end dates. Even though the union claims this contract was supposedly in effect on July 28, union officials held a new employee ratification vote on August 1, encouraging workers to ratify the contract but not telling them their “vote” was a meaningless sham because the union agent had already signed the contract and the union claimed it was in effect.

Hunsberger submitted a valid decertification petition on August 1, just hours before the sham ratification vote occurred. As with the previous vote, the workers again lopsidedly rejected the contract. But later that night, a union official suddenly announced to the employer that the contract was already in effect and the ratification vote was not required or necessary because of the covert signing on July 28.

According to the hearing transcript, one union boss admitted that the Steelworkers union regularly executes contracts despite employees voting them down, and that he did so in this case and ignored the employees’ vote against the contract “to protect the integrity of the union.” Apparently Steelworkers bosses’ lust for monopoly bargaining power and compulsory dues payments regularly takes precedence over the wishes of even a majority of the workers they claim to represent.

The Steelworkers Union’s post-hearing filings stated that union officials “executed the contract on July 28 to … pre-empt the decertification petition circulating at the facility” and that the August 1 “vote was only taken as a courtesy to employees [and] was an attempt to obtain their blessing of the contract that the [union] had already executed.” This is an effective admission that the union official “ratified” the contract to manipulate the “contract bar,” which would have shielded the union bosses from any employee attempts to remove the union.

In the same brief, union bosses doubled down on their deceptive practices, stating that “the Union’s representations to employees here are irrelevant… and the union was within its discretion to take a vote of its members and was not obligated to abide by the results of such a vote” (emphasis added).

NLRB Denied Cynical Union “Contract Bar” Maneuver, But Didn’t Address Union Deception

Foundation attorneys defended Hunsberger and her coworkers’ right to vote out the union from the USW officials’ shady “contract bar” claims. While the NLRB regional director eventually ordered the decertification election to proceed, her decision was narrow and singled out the contract’s lack of dates as the only reason the “contract bar” couldn’t be enforced. She did not address the most egregious of the USW union officials’ anti-worker tactics, particularly their misrepresentation that the employees’ votes on the contract would actually matter.

“Foundation attorneys were proud to fight for Ms. Hunsberger and her coworkers, who displayed remarkable perseverance in defending their right to vote out a union that they don’t believe serves their interests,” commented National Right to Work Foundation President Mark Mix. “However, this victory exposes glaring flaws in American labor law.”

“If USW officials had merely added valid dates to their unpopular contract, the NLRB would have likely enforced the deceptive union scheme to trap workers in union ranks against their will for three more years, as the ‘contract bar’ permits,” added Mix. “And these workers would have been forced to pay dues for those three years or be fired, as Pennsylvania is not a Right to Work state.”

“This is yet another demonstration that the ‘contract bar’ destroys union accountability, as union bosses can rush to ‘ratify’ unpopular contracts in secret, safe in the knowledge that a three-year shield from being voted out awaits them,” Mix added.

24 Apr 2023

Philadelphia Public Defender Hits UAW Union with Charge for Illegally Threatening Wage Cut

Posted in News Releases

Union official threatened Public Defenders who refused to authorize union to automatically deduct dues from their paychecks

Philadelphia, PA (April 24, 2023) – Philadelphia Public Defender Brunilda Vargas has filed a federal unfair labor practice charge against the United Autoworkers (UAW) Local 5502 union. The charge states that a union official threatened to reduce her wages and those of her coworkers if they refused to grant the union the power to deduct union dues directly from their paychecks. Vargas is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.

On April 18, 2023, Vargas filed the charge with the National Labor Relations Board Region 4 (NLRB) for the threats made against her and her colleagues at the Defender Association of Philadelphia. These threats came from a UAW union official against public defenders who chose not to sign automatic dues deduction authorization forms.

Because private sector workers in Pennsylvania lack the protection of a state Right to Work law, some union fees can be required as a condition of employment. However, employees can never be required to authorize automatic dues deductions from their paychecks under long-established federal law.

Had Vargas lived in a Right to Work state, not only would she have the right to refrain from automatic dues deductions from her paycheck, but also, she could refrain from financially supporting the union altogether. In Right to Work states, workers are fully-protected from mandatory union membership and financial support, both of which must be completely voluntary.

“It is appalling that a UAW Local 5502 union official would threaten public defenders’ wages for refusing to authorize deductions straight from their paychecks,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “If anything, UAW officials’ blatant disregard for longstanding federal law demonstrates why these public defenders are right to not want union officials pulling union dues directly out of their paychecks.”

“This case shows why Pennsylvania workers need the protection of a Right to Work law, so every worker can decide for themselves whether or not the union that supposedly represents them deserves their financial support,” added Mix.

28 Feb 2023