Third AT&T-BellSouth Worker Hits CWA Union With Federal Charges, Challenges Thousands in Illegal Strike Fines
Newest charge challenges union boss $5,300 strike fine demand, while other workers challenge CWA union officials’ restrictive dues collection tactics
Miami, FL (March 28, 2025) – Henry Gonzalez, an employee of AT&T-BellSouth in Miami, has just hit the Communications Workers of America (CWA) union in his workplace with federal charges – the third worker to do so in just a month. Gonzalez’s charges, which were filed at the National Labor Relations Board (NLRB) with free legal aid from the National Right to Work Legal Defense Foundation, describe how CWA union officials are wrongfully targeting him with thousands of dollars in disciplinary fines for not participating in a strike.
The NLRB is the federal agency responsible for enforcing private sector labor law and investigating and prosecuting unfair labor practices. Under federal labor law, union officials can mete out internal strike discipline only on employees who are formal members of the union. A worker who ends his union membership before exercising his right to continue working during a strike action cannot be punished by the union hierarchy. Gonzalez maintains that he resigned his union membership, yet union bosses still slammed him afterward with illegal fines in excess of $5,000.
In addition to preventing union bosses from imposing discipline on workers who have abstained from union membership, federal labor law and U.S. Supreme Court decisions like NLRB v. General Motors protect workers’ right to freely maintain or end union membership.
Freedom to resign union membership is also protected at the state level in Florida by the state’s Right to Work protections, which forbid union officials from forcing private sector workers to join or pay union dues or fees just to keep their jobs. This is in contrast to forced-unionism states, in which union bosses can require all employees in a workplace, even those who are not union members or who are otherwise opposed to the union, to financially support some union activities.
Within the past month, Miami-based AT&T-BellSouth employees Sofia Hernaiz and Amanda Marc have also filed unfair labor practice charges against the CWA union. Hernaiz and Marc, who have also opted out of union membership, both maintain that union officials are enforcing confusing “window periods” that restrict to just a few days per year when workers can revoke their consent to union dues deductions. Marc’s charge maintains that window periods violate federal labor law because they force unwilling workers to subsidize unwanted unions. Hernaiz’s charge also reports unlawful post-strike discipline similar to Gonzales’.
“Principled, independent-minded workers at AT&T-BellSouth are increasingly deciding that they will not take CWA union officials’ arbitrary restrictions and coercive ‘discipline’ sitting down,” commented National Right to Work Foundation President Mark Mix. “Big Labor union bosses and their cronies on the NLRB have for decades been trying to contort federal labor law to favor their own power and influence over workers’ freedom, especially during the Biden Administration. Foundation-backed workers in Florida and across the nation are fighting to reverse this trend.”
Second AT&T BellSouth Worker Hits CWA Union With Federal Charges for Illegally Seizing Worker Money
Employee challenges coercive union tactic of restricting when workers can cut off union financial support
Miami, FL (March 17, 2025) – Amanda Marc, an employee of AT&T BellSouth Communications, has filed federal charges against the Communications Workers of America (CWA) union and its local affiliates, maintaining that CWA union officials are imposing illegal restrictions on her and her coworkers’ right to opt out of union dues payments. Marc filed her charges with the National Labor Relations Board (NLRB) with free legal aid from the National Right to Work Legal Defense Foundation.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes investigating and prosecuting unfair labor practices and administering votes to install or remove unions in workplaces. Marc’s charges challenge the CWA union’s use of “window period” restrictions to limit to just ten days per year the time in which workers can demand that dues deductions cease from their paychecks. Window periods are widely used by union officials as a way to keep money flowing from dissenting workers towards the union’s agenda, and Marc’s charges seek a ruling that this practice is unlawful under federal labor law.
Marc’s charges contend that while federal labor law permits dues deduction authorization documents to be irrevocable for one year after employees initially sign them, any further window periods or other restrictions on workers’ legally-protected right to cut off dues after that period has elapsed violate the National Labor Relations Act:
“It is unlawful to have any window period for revocations after the first year of the payroll deduction authorization form. [Federal labor law] does not contain any reference to ‘window periods’…The unions have no statutory license to create tricky and arbitrary ‘window periods’ to force unwilling employees to keep paying dues.”
Because Marc and her colleagues work in the Right to Work state of Florida, CWA union bosses are forbidden from forcing workers to pay any union dues or fees as a condition of keeping their jobs, though CWA union officials are ostensibly trying to cabin the exercise of this freedom with their window period scheme. In states that lack Right to Work protections, in contrast, union officials can force employees to pay fees to the union or be terminated, meaning even perfect compliance with a union boss’s arbitrary window period restriction would not completely free a worker from union payments.
AT&T Worker Joins Colleague in Revealing Blatantly Illegal CWA Dues Deduction Practices
Marc’s charges state that she and many of her coworkers resigned their union memberships in August 2024, which was around when CWA union officials ordered AT&T BellSouth workers out on a strike. Despite Marc’s requests to end union membership and stop financial support for the union, the charges read, CWA agents never responded to either demand, and never even informed Marc of the window period dates in which they would consider her requests valid.
In addition to challenging the use of window periods as a whole, Marc’s charges point out several other unlawful aspects of CWA bosses’ union dues collection scheme, including a requirement that dues revocation requests be made “by individual letters sent by certified mail only.” CWA union bosses also failed to inform employees that, by law, they have an opportunity to opt out of union dues deductions on the anniversary date of when they signed the dues checkoff and aren’t just restricted to the arbitrary window period imposed by the union.
Marc’s filing comes just days after Foundation attorneys submitted federal charges against CWA union bosses on behalf of another AT&T BellSouth worker, Sofia Hernaiz. Hernaiz declares in her charges that CWA union officials tried to subject her to internal discipline for not participating in the August 2024 strike, even though she had resigned her union membership beforehand and by law can’t be subject to such proceedings. Similar to Marc, Hernaiz also details that CWA union officials did not acknowledge her attempt to cut off dues deductions to the union, nor informed her of what the union’s window period restrictions were.
“Ms. Marc, in standing up for her and her coworkers’ freedom to stop subsidizing unwanted CWA union officials, is also mounting an unprecedented challenge to the ‘window period’ gambit. This scheme has been manipulated by union officials across the country to yank financial support out of unwilling workers for far too long,” commented National Right to Work Foundation President Mark Mix. “Forthcoming NLRB Trump appointees should use cases like this to rule that such practices that serve only to enrich union boss hierarchies are unlawful.
“It is time to reorient the Board’s mission toward defending the individual right of every American worker to associate or dissociate with a union as he or she pleases,” added Mix. “For too long, NLRB officials have rigged federal law to enhance union boss power at the expense of the rights and freedoms of the very workers the Act purports to protect.”
National Right to Work Foundation Issues Legal Notice to 10 Roads Express Drivers Subject to Teamsters Strike
Notice reminds workers of major USPS contractor of right to resign union membership and go back to work; comes after company and union butt heads over nationwide bargaining
Washington, DC (February 28, 2025) – Today, the National Right to Work Legal Defense Foundation issued a special legal notice for 10 Roads Express drivers subject to Teamsters union bosses’ recent strike order against the company. News reports indicate that the order affects hundreds of drivers across the country, and that 10 Roads Express is one of the largest private contractors for the U.S. Postal Service.
The legal notice informs these workers of rights, albeit limited, that union officials often do not want them to know. First and foremost, drivers have the right to resign their union memberships and keep working to support their families.
Importantly, the notice gives workers who want to exercise their right to work information on how to avoid fines and punishment that could be imposed by union officials.
“The situation raises serious concerns for employees who believe there is much to lose from a union-ordered strike,” the legal notice reads. “That is why workers frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other union discipline for continuing to report to work.”
The Foundation’s special legal notice highlights workers’ right to resign union membership and their right to revoke their union dues check-offs, with links to sample letters that can be sent to exercise both rights. The notice also gives workers information on how to begin a petition for a “decertification election,” in which employees request a workplace election to remove the union.
The National Right to Work Foundation is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee victims of forced unionism abuse. The full notice can be found at: https://www.nrtw.org/10roadsexpress/.
The Foundation has provided legal aid several times recently to truck drivers, warehouse workers, and other employees who oppose Teamsters union officials’ agendas. At the end of 2024, hundreds of Foundation-backed workers across Northern Ohio voted in favor of removing Teamsters union officials from power at their workplaces. That followed efforts to similarly boot out Teamsters bosses from trucking employees in Georgia, California, Virginia, and New Jersey.
Strike May Be Lead-Up to Creation of National, Inescapable Bargaining Unit Where Workers Can’t Vote Away Teamsters Control
“Teamsters union officials’ propaganda surrounding this strike hides the fact that many workers may simply want to continue working to support themselves and their families, something that they have an absolute right to do no matter what Teamsters bosses may say,” commented National Right to Work Foundation President Mark Mix. “Teamsters officials are also unlikely to acknowledge the fact that they are demanding that 10 Roads Express management bargain with them on a national level and not in individual workplaces, which may very well be a lead-up to the Teamsters thrusting 10 Roads Express drivers into a huge national unit designed to lock workers into Teamsters ranks in perpetuity.
“Such a gambit would also stop 10 Roads Express drivers in a single workplace from asking the federal labor board to hold a vote amongst their colleagues to remove the Teamsters from that one facility, as the work unit would encompass hundreds if not thousands of drivers from across the country who have likely never met each other,” added Mix. “Workers who are interested in continuing to do their jobs and avoid such legal maneuvering by Teamsters bosses in the future should read the Foundation’s legal notice and quickly seek Foundation legal aid if they encounter any obstacles to exercising their rights.”
National Right to Work Foundation Issues Special Legal Notice for Colorado King Soopers Workers Impacted by UFCW Strike
Despite union boss-ordered strike, all 10,000 affected King Soopers employees are free to exercise their right to return to work
DENVER, CO (February 10, 2025) – Today, the National Right to Work Legal Defense Foundation issued a special legal notice for workers affected by a strike at the King Soopers grocery chain in Colorado ordered by United Food and Commercial Workers (UFCW) union officials.
According to news reports, the UFCW has ordered around 10,000 workers to strike against King Soopers grocery stores. The Foundation’s legal notice informs these workers of the rights union officials often hide, such as that the workers have the right to continue to work to support their families.
Importantly, the notice gives workers who want to exercise their right to work information on how to avoid fines and punishment that could be imposed by union officials.
“The situation raises serious concerns for employees who believe there is much to lose from a union-ordered strike,” the legal notice reads. “That is why workers frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other oppressive union discipline for continuing to report to work.”
The Foundation’s special legal notice highlights workers’ rights to resign union membership and their right to revoke their union dues check-offs. The notice also provides helpful information for removing union by using a decertification petition to obtain a secret ballot election.
The National Right to Work Foundation is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee victims of forced unionism abuse. The full notice can be found at: https://www.nrtw.org/KingSoopers/
The Foundation has a long history of providing legal assistance to workers in such situations. In fact, when UFCW bosses last ordered a strike against King Soopers, Foundation staff attorneys helped several King Soopers employees defend themselves against illegal attempts by UFCW officials to fine the workers for exercising their right to rebuff union strike demands.
“Workers always have the right to continue to work during a strike, despite what union officials may tell them or try to pressure them into doing,” National Right to Work Foundation President Mark Mix said. “This legal notice reflects the Foundation’s decades-long commitment to offering free legal aid to workers to protect them from union bosses’ coercive tactics that regularly go hand-in-hand with union strike demands.”
“Foundation attorneys have assisted King Soopers employees in the past against illegal UFCW retaliation, and are here to assist employees facing unlawful retaliation during this latest strike as well,” added Mix.
National Right to Work Foundation Offers Free Legal Aid to Amazon Workers Who Seek to Rebuff Teamsters Strike Order
Notice: Amazon Employees and Amazon Delivery Service Partner employees impacted by strike should resign their memberships before returning to work
Washington, DC (December 20, 2024) – The National Right to Work Legal Defense Foundation has released a legal notice to Amazon employees and drivers for Amazon Delivery Service Partners (DSPs), informing them that they have options to continue working and providing for themselves and their families in the face of a strike order issued by Teamsters union officials.
News reports indicate that Teamsters bosses’ strike order claims to apply to thousands of employees (including employees of Amazon contractors) at Amazon facilities in New York, NY; Skokie, IL; Atlanta, GA; San Francisco, CA; and Southern California. Amazon management disputes whether Teamsters union officials have legal authority at all over those employees, in part because of legally suspect organizing tactics Teamsters officials have employed.
The legal notice informs any impacted employees of their rights, including their right to resign union membership and continue working as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“The Foundation wants you to learn about your legal rights from independent sources. You should not rely on what self-interested union officials tell you,” the notice reads. “Foundation staff attorneys have directly assisted Teamster-represented workers in numerous cases over the years, including multiple recent victories challenging illegal coercion from Teamsters officials.”
The full notice is available at https://www.nrtw.org/Amazon.
Legal Notice: Amazon Workers Who Wish to Work Should Resign From Union Before Returning
The notice outlines the process that Amazon and DSP employees should follow if they want to exercise their right to return to work during the strike and ensure they avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that Teamsters union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships before returning to work.
“Union officials can (and often do) fine actual union members who work during a strike,” the notice says. “So, you should seriously consider resigning at least one day BEFORE you return to work during a strike, which is the best way to avoid these union fines and discipline.”
Foundation attorneys have a long history of defending employees in cases against the Teamsters. Currently the Foundation is assisting trucking and warehouse workers across the country with obtaining votes to remove Teamsters union officials, including most recently in Northern Ohio where hundreds of employees across multiple facilities just voted to eject the union.
“Teamsters union officials used a number of legally questionable tactics to claim control over several Amazon workplaces, including in Staten Island where the Teamsters effectively purchased a previously independent union’s suspect claim to power,” commented National Right to Work Foundation President Mark Mix. “In that location, the union didn’t even know the identities of the Amazon employees they claimed to represent, and even sought to have the federal government push Amazon to provide a list to the union earlier this year.
“Many drivers and warehouse workers may be shocked to learn that Teamsters officials believe they have the power to discipline workers for simply continuing their work and not striking,” added Mix. “Regardless of how the legal disputes between Amazon and the Teamsters shake out, federal labor law has always been clear on these points: Workers have a right refuse union membership or resign at any time, and union officials cannot legally subject such nonmember employees to fines or other internal discipline for choosing to work instead of participating in a strike.”
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.”
As IAM Strike Order Drags on, National Right to Work Foundation Offers Legal Aid to Boeing Employees Who Want to Work
Foundation notifies employees that those wishing to continue working during a strike should resign their memberships before returning to work
Seattle, WA (October 25, 2023) – The National Right to Work Legal Defense Foundation is emphasizing to Seattle-based Boeing employees that they have options to return to work even amidst International Association of Machinists (IAM) union officials’ extended strike order. Union officials announced on October 23 that their strike order against Boeing – which began well over a month ago – would continue.
A Foundation legal notice informs Boeing employees of their rights, including their right to rebuff the strike order and work to support their families as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“The situation presents serious concerns for employees who believe there is much to lose from a union-ordered strike,” the notice reads. “That is why workers confronted with strike demands frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other harsh union discipline for continuing to report to work to support themselves and their families.”
The full notice is available at https://www.nrtw.org/BoeingStrike/.
Legal Notice: Boeing Workers Who Wish to Work Must Resign From Union Before Returning
The notice outlines the process that Boeing employees should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that IAM union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships before returning to work.
“Union officials can (and often do) fine actual union members who work during a strike,” the notice says. “So, you should seriously consider resigning at least one day BEFORE you return to work during a strike, which is the best way to avoid these union fines and discipline.
“If possible, use certified mail, return receipt requested, and save copies of your letters and the return receipt to prove delivery,” the notice continues, adding that workers who choose to submit their union resignations to union officials in person should have a reliable witness present to combat potential false claims from union officials that they did not actually receive a worker’s resignation.
Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract between IAM union officials and Boeing management. The notice encourages employees to seek free legal aid from the Foundation if they experience any resistance as they attempt to exercise any of these rights.
Foundation attorneys recently helped a Seattle Boeing worker take legal action against IAM officials for seizing his money illegally.
“As this strike order continues with no clear end in sight, many Boeing workers may decide that going on strike is not the best course of action for them, and Foundation attorneys stand ready to aid these workers in defending their right to continue working and providing for their families,” commented National Right to Work Foundation President Mark Mix.
National Right to Work Foundation Issues Special Legal Notice to Port Employees Impacted by ILA Union Boss Strike Order
Foundation notifies employees that those wishing to continue working during a strike should resign their memberships before returning to work
Washington DC (October 3, 2024) – The National Right to Work Legal Defense Foundation has released a special legal notice to the roughly 50,000 port employees reportedly affected by the strike order issued by International Longshoremen’s Association (ILA) union officials this week.
The Foundation’s legal notice informs East and Gulf port employees of their rights, including their right to rebuff the strike order and to keep working to support their families as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“The situation presents serious concerns for employees who believe there is much to lose from a union-ordered strike,” the notice reads. “That is why workers confronted with strike demands frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other harsh union discipline for continuing to report to work to support themselves and their families.”
The full notice is available at www.nrtw.org/ILAstrike
The notice outlines the process that employees should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that ILA union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships before returning to work.
“Union officials can (and often do) fine actual union members who work during a strike,” the notice says. “So, you should seriously consider resigning at least one day BEFORE you return to work during a strike, which is the best way to avoid these union fines and discipline.
“If possible, use certified mail, return receipt requested, and save copies of your letters and the return receipt to prove delivery,” the notice continues, adding that workers who choose to submit their union resignations to union officials in person should have a reliable witness present to combat potential false claims from union officials that they did not actually receive a worker’s resignation.
“ILA union officials have a history of corruption and seeking to increase their own power instead of doing what’s right for rank-and-file workers,” commented National Right to Work Foundation President Mark Mix. “Given a strike order that may last weeks or even months, many port workers may decide that remaining on strike is not the best course of action for them, and Foundation attorneys stand ready to aid these workers in defending their right to continue working and providing for their families.”
National Right to Work Foundation Issues Special Legal Notice to Boeing Employees Impacted by IAM Union Boss Strike Order
Foundation notifies employees that those wishing to continue working during a strike should resign their memberships before returning to work
Seattle, WA (September 16, 2023) – The National Right to Work Legal Defense Foundation has released a special legal notice to the roughly 30,000 Boeing employees reportedly affected by the strike order issued by International Association of Machinists (IAM) union officials last week.
The Foundation’s legal notice informs Boeing employees of their rights, including their right to rebuff the strike order and to keep working to support their families as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“The situation presents serious concerns for employees who believe there is much to lose from a union-ordered strike,” the notice reads. “That is why workers confronted with strike demands frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other harsh union discipline for continuing to report to work to support themselves and their families.”
The full notice is available at https://www.nrtw.org/BoeingStrike/.
The notice outlines the process that Boeing employees should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that IAM union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships before returning to work.
“Union officials can (and often do) fine actual union members who work during a strike,” the notice says. “So, you should seriously consider resigning at least one day BEFORE you return to work during a strike, which is the best way to avoid these union fines and discipline.
“If possible, use certified mail, return receipt requested, and save copies of your letters and the return receipt to prove delivery,” the notice continues, adding that workers who choose to submit their union resignations to union officials in person should have a reliable witness present to combat potential false claims from union officials that they did not actually receive a worker’s resignation.
Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract between IAM union officials and Boeing management. The notice encourages employees to seek free legal aid from the Foundation if they experience union resistance as they attempt to exercise any of these rights.
“IAM union officials have a history of seeking to increase their own power instead of doing what’s right for rank-and-file workers,” commented National Right to Work Foundation President Mark Mix. “Foundation attorneys recently helped a Seattle Boeing worker take legal action against IAM officials for seizing his money illegally.
“On the eve of a strike order that may last months, many Boeing workers may decide that going on strike is not the best course of action for them, and Foundation attorneys stand ready to aid these workers in defending their right to continue working and providing for their families,” added Mix.
National Right to Work Foundation Issues Notice to University of California Graduate Students Amid UAW Strike Orders
Foundation informs students of right to resign union membership and complete academic responsibilities despite politicized union strike command
California (May 21, 2024) – The National Right to Work Legal Defense Foundation has released a special legal notice to graduate students, teaching assistants, and researchers across the University of California system. The notice comes as officials of the United Auto Workers (UAW) union have ordered a strike at UC Santa Cruz over the university’s position on the Israel-Hamas conflict and related campus protests.
Union officials have indicated that similar strike orders could soon be in effect at other UC system schools and that the union’s strike authorization means these orders could be in effect until June 30. The notice provides legal information to the roughly 50,000 unionized students, a small fraction of which voted to approve the strike action.
The full notice is available at www.nrtw.org/UCstrike.
The Foundation’s legal notice informs UC graduate students of their right to resign union membership and resume their academic responsibilities. “This situation raises serious concerns for graduate students who believe there is much to lose from a union ordered strike,” the notice says. “Seven UC undergraduate campuses have exams scheduled for the second week of June, meaning the strike order is likely to cause major disruptions.”
“The Foundation wants you to learn about your legal rights from independent sources,” says the notice. “You should not rely on what self-interested union officials tell you.”
UC Graduate Students Must Resign Union Membership Before Returning to Work
The notice explains that, under California public sector labor law, graduate students who wish to resume working during the strike should resign their union memberships at least one day before returning to work if they want to avoid union discipline. “Union officials can (and often do) levy thousands of dollars in fines against union members who work during a strike,” reads the notice. “So, if you are currently a member, resigning your membership before you work during a strike is the most effective way to avoid union fines and other discipline.”
Links to sample union resignation letters and the Foundation’s page for requesting free legal aid are provided.
Janus Supreme Court Decision Also Protects Students’ Right to Stop Dues Payments to UAW
UC graduate students, who are considered “public employees” for the purposes of unionization, also have a First Amendment right to cut off dues deductions to the UAW as per the Foundation-won Janus v. AFSCME Supreme Court decision, the notice says. “[U]nion officials can only deduct union dues from a person’s paycheck if that person has affirmatively consented to pay,” the notice details, while also explaining that union officials sometimes try to limit when employees can stop union dues and that Foundation attorneys can provide legal aid if students encounter any difficulties in that regard.
The notice concludes by explaining that UC graduate students have a right to petition for a vote to end the UAW’s monopoly bargaining power, with a link to more information on California’s public sector law regarding union “decertification elections.”
“There is good reason to believe that this UAW boss-ordered strike may violate California law, but because that is still being determined, it is important that student ‘employees’ impacted by the strike know their legal rights to protect themselves against union retribution if they exercise their right not to join the strike action,” commented National Right to Work Foundation President Mark Mix. “University of California graduate students may oppose this strike simply because they want to complete their end-of-semester responsibilities efficiently and without disruption, notwithstanding the UAW’s combative reaction to controversial and divisive protests.
“Graduate students’ ability to complete their work can’t be stripped away by UAW union officials’ eagerness to make a political statement, and Foundation attorneys stand ready to defend these students’ right to work independently of union strike diktats,” added Mix.
