Cincinnati-Area Kroger Worker Secures Victory Against Illegal Union Dues Deductions
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, May/June 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
After legal win, grocery employee based near Cincinnati finds job in nearby Right to Work Kentucky to escape forced dues
Northern Kentucky (foreground) might be just across the Ohio River from Cincinnati, OH, but the difference in worker freedom is stark. Without Right to Work, forced dues abuses are rampant compared to Right to Work Kentucky.
CINCINNATI, OH – In a win for employee freedom, James Carroll, a Kroger employee based near Cincinnati, has secured victory in his federal case against United Food and Commercial Workers (UFCW) Local 75 and Kroger. The win comes after Carroll challenged the union and his employer for unlawfully deducting union dues from his paycheck and threatening him with termination for refusing to sign an illegal dues deduction form.
Carroll, with free legal support from the National Right to Work Legal Defense Foundation, filed charges with the National Labor Relations Board (NLRB) Region 9 in Cincinnati. His case exposed the UFCW’s use of an unlawful “dual-purpose” membership form, which combines union membership and dues deduction authorization into a single signature. Under established Supreme Court legal precedents, workers have the right to refrain from formal union membership, and any dues deduction authorizations must be voluntary and separate from membership agreements.
In order to avoid further prosecution, Kroger and UFCW entered into a settlement that requires them to reimburse Carroll for the illegally seized dues and publicly post a notice informing other employees of their rights.
But Carroll didn’t stop there. To protect himself from future union coercion, he secured a transfer to a Kroger store in Right to Work Kentucky. Unlike Ohio, where workers can be forced to pay union fees even as non-members, Kentucky’s Right to Work law ensures that all union payments are voluntary, shielding Carroll from further threats that he pay up or face termination.
This case challenging the UFCW’s forced dues abuse of grocery employees isn’t an isolated incident. In 2023, Houston-area Kroger employee Jessica Haefner, also aided by Foundation attorneys, filed charges against UFCW for using a dual-purpose form and altering her response to falsely indicate consent for dues deductions.
More recently, in 2024, Portland grocery worker Reegin Schaffer won a case against UFCW after union officials ignored her resignation request during a strike and retaliated by attempting to fine her for working.
Another Worker Flees to the Freedom of Right to Work
“We are pleased with this legal win for Mr. Carroll, and that he is now completely free of union bosses’ forced-dues demands in Right to Work Kentucky,” commented National Right to Work Foundation Vice President and Legal Director William Messenger.
“Unfortunately most workers employed in forced dues states don’t have the option to commute to a job in a Right to Work state, which is why workers everywhere need the protection of Right to Work laws.”
Fourth Fred Meyer Grocery Employee Hits UFCW Union with Federal Charges
Unfair Labor Practice Charge: Union Bosses illegally threatening strike fine against nonmember worker
PORTLAND, OR (February 6, 2025) – Portland-area Fred Meyer grocery store employee Robert Wendelschafer has filed federal charges against the United Food and Commercial Workers International Union (UFCW) Local 555. The charges state that union officials broke federal law by ignoring his request to resign union membership during a union strike and are unlawfully retaliating against the employee by demanding nearly $1000 from him because he exercised his right to rebuff union boss strike orders and go to work.
Robert Wendelschafer has joined co-workers Sandra Harbison, Coyesca Vasquez, and Reegin Schaffer in filing charges against the UFCW with National Labor Relations Board (NLRB) Region 19 with free legal aid from the National Right to Work Legal Defense Foundation. All four took legal action to challenge unlawful retaliation by union officials after the workers rebuffed union strike orders last year.
As detailed in his charge, on August 30, 2024 Wendelschafer exercised his right to resign union membership and return to work. Despite this, on December 18 union officials sent him a letter stating they had found him guilty of violating internal UFCW rules by crossing the picket line and as a result ordered him to pay a fine in the amount of $992.
If an employee is not a voluntary union member, he or she cannot be legally subjected to internal union discipline, like the fine UFCW union officials are attempting to impose on Wendelschafer, Harbison and Vasquez. UFCW union officials backed off their illegal discipline tactics in Shaffer’s case nearly immediately after her charges were filed in November, but the other charges are still pending with the agency.
UFCW Officials Were Previously Caught Illegally Imposing Massive Strike Fines Against Workers
During past UFCW–instigated strikes, workers faced similar unlawful fines, which union officials claim can only be disputed at internal union courts. In 2022, union officials illegally levied fines against King Soopers grocery chain workers in Denver, Colorado, who chose to exercise their right to work during a strike.
The unlawful fines issued by union bosses against the workers were more per day than the workers earned in a day of work, in one case totaling nearly $4,000 throughout the 10 day strike. In that instance Foundation staff attorneys won multiple cases against the UFCW, ultimately resulting in union bosses rescinding the unlawful fines.
“UFCW union officials are again displaying their penchant for using strikes to consolidate power, by threatening rank-and-file workers who exercise their legally-protected right to work despite a union boss-ordered strike,” said National Right to Work Legal Defense Foundation President Mark Mix. “Workers have a clear legal right to resign from union membership and return to work without facing illegal fines or disciplinary actions, and Foundation attorneys stand ready to assist other Fred Meyer employees that have been subjected to illegal UFCW fines and threats.”
Portland–Area Fred Meyer Employee Wins Dispute with UFCW Union Local 555 Over Illegal Union Threats
UFCW union bosses backed down after facing federal charges for threatening workers who wouldn’t join union strike
PORTLAND, OR (November 25, 2024) – Reegin Schaffer, a Portland-area Fred Meyer employee, has prevailed in her dispute with United Food and Commercial Workers International Union (UFCW) Local 555. Schaffer filed charges against the union alleging that union officials broke federal law by ignoring her requests to resign union membership during a union strike and by unlawfully retaliating against her by seeking to fine her for exercising her right to disagree with union boss strike orders and go to work. Schaffer is receiving free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
Foundation attorneys’ actions forced UFCW Local 555 to quickly drop its internal disciplinary proceedings against her. These proceedings, which could have resulted in punitive fines, were initiated after Schaffer resigned her union membership and returned to work.
Charges: UFCW Union Bosses Made Illegal Fine Threats
Schaffer and co-worker Coyesca Vasquez filed charges at National Labor Relations Board (NLRB) Region 19. The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA), the federal law that governs private sector labor relations in the United States.
As detailed in the charges, on August 30, 2024 the employees exercised their right to resign union membership and return to work. However, on September 24, 2024, and October 14 2024, respectively, UFCW union officials notified Vasquez and Schaffer that the union had started internal proceedings against them and that their presence would soon be required at a union “trial,” which is the first step towards imposing fines.
If an employee is not a voluntary union member, he or she cannot be legally subjected to internal union discipline like the kind UFCW union officials attempted to impose. In such internal discipline tribunals, union bosses frequently levy punitive fines against workers amounting to thousands or even tens of thousands of dollars.
Once UFCW union officials dropped their attempt to fine Schaffer, Foundation staff attorneys asked the NLRB to end the case. Meanwhile, Coyesca Vasquez’s charge remains pending with the agency, which is investigating UFCW officials’ actions against Vasquez.
UFCW Officials Were Previously Caught Illegally Imposing Massive Strike Fines Against Workers
Workers have faced similar unlawful fines, during past UFCW–instigated strikes. In 2022, union officials illegally levied fines against King Sooper’s grocery chain workers in Denver, Colorado who chose to exercise their right to work during a strike.
The unlawful fines issued by union bosses against the workers were more per day than the workers earned in a day of work, in one case totaling nearly $4,000 throughout the 10 day strike. In that instance, Foundation staff attorneys filed multiple cases against the UFCW, ultimately resulting in union bosses rescinding the unlawful fines.
“That Reegin Schaffer ultimately prevailed and forced UFCW bosses to drop their illegal threats does not erase the troubling pattern of behavior by UFCW union officials, who have repeatedly sought to undermine workers’ protected legal rights through retaliatory fines,” said National Right to Work Legal Defense Foundation President Mark Mix. “Employees should not have to file federal charges just to have their rights respected, and we look forward to continuing to assist Coyesca Vasquez in her case against UFCW union bosses’ ugly retaliation tactics.”
Portland–Area Fred Meyer Employees Slam UFCW Union with Federal Charges for Illegal Threats Linked to Strike
UFCW union bosses begin dropping fines against workers, but union faces investigation on federal charges
PORTLAND, OR (November 7, 2024) – Two employees of a Portland-area Fred Meyer grocery store have filed federal charges against the United Food and Commercial Workers International Union (UFCW) Local 555. The charges state that union officials broke federal law by ignoring their requests to resign union membership during a union strike and are unlawfully retaliating against the workers by seeking to fine them for exercising their right to disagree with union boss strike orders and go to work.
The employees, Coyesca Vasquez and Reegin Schaffer, filed their charges at National Labor Relations Board (NLRB) Region 19 with free legal aid from the National Right to Work Legal Defense Foundation. The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA), the federal law that governs private sector labor relations in the United States.
As detailed in the charges, on August 30, 2024, each of the employees exercised their right to resign union membership, and return to work. However, on September 24, 2024, UFCW union officials notified Vasquez, and on October 14, 2024, UFCW union officials notified Reegin Schaffer, that the union had started internal proceedings against them and their presence would soon be required at a union “trial,” which is the first step towards imposing fines.
If an employee is not a voluntary union member, he or she cannot be legally subjected to internal union discipline, like the kind UFCW union officials are attempting to impose on Vasquez and Schaffer. In such internal discipline tribunals, union bosses frequently levy punitive fines against workers amounting to thousands or even tens of thousands of dollars.
UFCW Officials Were Previously Caught Illegally Imposing Massive Strike Fines Against Workers
During past UFCW–instigated strikes, workers faced similar unlawful fines, which union officials claim can only be disputed at internal union courts. In 2022, union officials illegally levied fines against King Sooper’s grocery chain workers in Denver, Colorado, who chose to exercise their right to work during a strike.
The unlawful fines issued by union bosses against the workers were more per day than the workers earned in a day of work, in one case totaling nearly $4,000 throughout the 10 day strike. In that instance Foundation staff attorneys won multiple cases against the UFCW, ultimately resulting in union bosses rescinding the unlawful fines.
“UFCW union officials are again displaying their penchant for using strikes to consolidate power, by threatening rank-and-file workers who exercise their Right to Work during a UFCW strike,” said National Right to Work Legal Defense Foundation President Mark Mix. “Workers have a clear legal right to resign from union membership and return to work without facing illegal fines or disciplinary actions.”
Oregon ABC Cameraman Wins Ruling Against Illegal Dues-Seizing NABET Bosses
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2021 edition. To view other editions or to sign up for a free subscription, click here.
Administrative Law Judge orders union boss to refund all illegally taken money
He’s done playing games: After cameraman Jeremy Brown sought free legal aid from the Foundation, an NLRB Administrative Law Judge ruled against NABET bosses for violating his Beck rights for years.
PORTLAND, OR – Jeremy Brown, a “daily hire” cameraman for ABC who had worked on and off for the company since 1999, would not have thought that a new president taking over the National Association of Broadcast Employees and Technicians (NABET) Local 51 union would mean anything for him when he resumed work in 2016. After all, he had worked for ABC for nearly three years, and the union had never even contacted him and he had never joined the union.
Then, in 2019, he received a series of letters from the new union honcho, demanding he pay nearly $10,000 in initiation fees and so-called “back-agency dues.” Brown quickly obtained free legal aid from National Right to Work Legal Defense Foundation staff attorneys and asserted his rights under the Foundation-won CWA v. Beck Supreme Court decision.
Beck prevents private sector union bosses from forcing employees who have abstained from formal union membership to pay for anything unrelated to the union’s bargaining functions, such as political expenses. Moreover, it requires union officials to provide information on the union’s fee calculation and expenditures to non-members.
New NABET Chief Demanded Thousands, Then Snubbed Cameraman’s Beck Rights
Because Brown works primarily in non-Right to Work states, he can be legally forced as a condition of employment to pay some fees to union bosses.
After receiving the baffling, belated dues demands, Brown emailed the new union president, Carrie Biggs-Adams, asking for clarification. He also exercised his Beck rights by objecting “to the collection and expenditure by the union of a fee for any purpose other than” certain bargaining activities. Believing that he would be fired if he did not agree to pay union dues, he filled out a form authorizing NABET to take full dues from his paycheck, but did so under duress.
Biggs-Adams ignored several follow-ups by Brown. According to legal documents, she “believed Local 51 had no obligation to [reply to Brown] because Beck objections” are handled only by the union’s national headquarters under NABET rules. Even so, she never apprised Brown of NABET’s national mailing address, or provided him the dues reduction or any of the information mandated by Beck.
In December, Brown won a decision from a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) about the union’s Beck rights violations. The ALJ’s decision holds the NABET union violated Brown’s rights under the National Labor Relations Act (NLRA) through its officials’ omissions and the failure to reduce his dues.
The ALJ ordered NABET Local 51 to provide Brown with “a good faith determination of the reduced dues and fees objectors must pay,” and “reimburse Brown for all dues and fees collected” beyond what is required under Beck, with interest.
“While this decision vindicated Mr. Brown’s legal rights, it also demonstrates why every American worker deserves the protection of a Right to Work law to shield them from union boss threats to pay up or be fired,” commented National Right to Work Foundation Vice President Patrick Semmens.
