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.
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.”
Philadelphia Public Defender Wins Case Against UAW for Illegal Union Dues Deduction Scheme
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.
Philadelphia Starbucks Workers File Petition Demanding Vote to Remove SBWU Union
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.
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
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.
Philly Good Karma Café Employees Will Soon Vote on Whether to Boot Out Workers United Union Officials
Workers United has been targeted for removal by Starbucks and other coffee employees across country; vote slated for September 7
Philadelphia, PA (August 23, 2023) – Employees at two locations of Good Karma Café, an independent Philadelphia-based coffee shop, are requesting a vote to end the Workers United union’s monopoly bargaining power over workers. Good Karma employee Marco Camponeschi submitted a petition backed by his coworkers to the National Labor Relations Board (NLRB) Region 4 in Philadelphia with free legal aid from the National Right to Work Foundation.
Camponeschi’s petition contained signatures from enough Good Karma workers to trigger a vote to remove the union (or “decertification election”) under the NLRB’s rules. NLRB Region 4 this week scheduled the election to take place on Thursday, September 7, at Good Karma’s locations on 331 S. 22nd Street and 265 S. Broad Street in Philadelphia.
Because Pennsylvania lacks Right to Work protections for its private sector employees, Workers United union officials have the power to enter into an agreement that will compel Camponeschi and his coworkers to pay money to the union hierarchy as a condition of keeping their jobs. In contrast, in states with Right to Work laws, union membership and all union financial support are strictly voluntary and the choice of each individual worker.
The Good Karma employees’ election comes as coffee employees across the country are seeking votes to remove unwanted unions from their workplaces, most notably at Starbucks. Workers United is the same union that is waging an aggressive and high-profile unionization campaign on Starbucks, bolstered by the money and resources of the gigantic Service Employees International Union (SEIU). The New York Post reported in July that Workers United spent nearly $2.5 million on hiring “salts” and other union activists. “Salts” are covert union agents who obtain jobs at nonunion firms to agitate in favor of union control, and often quit soon after the union is installed.
“After the Workers United union was installed, there was a lot of employee turnover and we soon found ourselves very short-staffed,” Camponeschi commented. “Workers United union officials have been bad for the stability of Good Karma and have not stood up for the interests of me and my coworkers, and I’m sure that a majority of my coworkers will vote to move forward without their presence.”
Coffee Employees Nationwide Seek Foundation Aid in Exercising Right to Remove Unwanted Unions
In just the past few months, Starbucks employees in Manhattan, NY, Buffalo, NY, Pittsburgh, PA, Bloomington, MN, Salt Lake City, UT, and Greenville, SC, have all sought free Foundation legal aid in pursuing decertification efforts against Workers United union bosses at the NLRB. Foundation attorneys also assisted Seattle-based Storyville Coffee Company employees in a decertification effort against United Food and Commercial Workers (UFCW) union officials in July, but UFCW bosses disclaimed interest in the unit before an election could occur, likely to avoid an unfavorable election result.
The flurry of decertification attempts at Starbucks is occurring roughly one year after Workers United union officials unionized many of the coffee chain’s employees. Workers United union officials also gained power at Good Karma last April. Federal labor law forbids workers from decertifying a union for a year after a union’s installation, meaning many coffee workers are seizing on the earliest possible opportunity to rid themselves of the Workers United union’s “representation.”
Outside of coffee shops, union decertification efforts are becoming much more common. 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.
“Workers United union officials seem to have a penchant for rapidly expanding their control over employees without regard for their interests,” commented National Right to Work Foundation President Mark Mix. “It is thus unsurprising that coffee employees nationwide are banding together to vote Workers United out.”
“While we’re glad the NLRB plans to hold an election for Good Karma employees, it should be noted that NLRB officials across the country are blocking Starbucks employees from exercising that same right at the behest of Workers United union officials,” Mix added. “Workers should be in charge of their own right to vote out unwanted unions, and the NLRB should not stifle that right according to union officials’ whims. That’s especially important as the Biden NLRB seeks to make several rule changes which will make it harder for workers to vote out union officials.”
Philadelphia Public Defender Hits UAW Union with Charge for Illegally Threatening Wage Cut
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.
Atlantic Aviation Employees Win Freedom from Unwanted Union
Incompetent Machinists union bosses fly away to avoid worker vote
IAM union officials loafed around at Tiffany Lipyanic’s workplace for years, all the while siphoning dues from her and her coworkers. She’s thankful to the Foundation for aid in navigating the complex process to vote them out.
PHILADEPHIA, PA – Atlantic Aviation PNE, Inc. employees have freed themselves from unwanted union monopoly “representation” after filing a decertification election request with the National Labor Relations Board (NLRB). Tiffany Lipyanic, a line service technician, filed the petition to end the union’s monopoly bargaining powers for all workers at the Atlantic Aviation facility at Philadelphia Northeast Airport. International Association of Machinists (IAM) union officials then abandoned their “representation” rather than face an overwhelming vote against the union.
‘We Were Paying Union Officials and Got Nothing in Return’
Lipyanic and her colleagues received free legal assistance from National Right to Work Foundation staff attorneys in filing their petition for a vote to oust union officials. The petition, filed on February 15 by tire service and customer service representatives, was signed by more than twice the number needed to trigger an NLRB-supervised “decertification” secret-ballot election, after which union officials lose monopoly bargaining power if a majority of workers vote to remove them.
Rather than proceed to a vote, IAM District Lodge 142 and Local Lodge 1776 officials filed documents with the NLRB disclaiming their monopoly bargaining powers on February 28.
“After trying to work with union officials for years, it became apparent our pleas fell on deaf ears. We were paying union officials and got nothing in return, so we’re glad to finally be free of them,” Lipyanic commented. “Having the National Right to Work Foundation’s assistance gave us confidence in our journey to finally free ourselves from union bureaucrats that took our money and disregarded us at every turn.”
Foundation-Backed Rules Aid Workers in Removing Unpopular Union Bosses
This is the latest in a series of successful worker efforts to oust unwanted union officials aided by National Right to Work Foundation staff attorneys. Just since the beginning of 2021, Foundation attorneys provided legal assistance in well over 50 NLRB decertification efforts, which together sought to end union boss control of over 7,000 workers.
Recent Foundation efforts to break down union boss-created legal barriers to unseating unwanted union officials have allowed more workers to free themselves from unwanted union ranks. In 2020, following detailed formal comments submitted by Foundation attorneys, the NLRB adopted rules eviscerating union bosses’ ability to stop a decertification effort with “blocking charges,” i.e., accusations made against an employer that are often unverified and have no connection to workers’ desire to kick out unwanted union officials.
“Under the protection of a Right to Work law each individual worker can decide whether or not to join or financially support a labor union. Unfortunately, current law empowers union bosses in many states to use their monopoly bargaining status to force workers to pay up or be fired,” commented National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse.
“The Foundation is glad to have helped the workers at Atlantic Aviation exercise their right to free themselves of a union they oppose. But to better protect all workers’ freedom of association, Right to Work laws should be on the books in all states,” LaJeunesse added.
