National Labor Relations Board Schedules Vote for St. HOPE Charter School Teachers Seeking to Remove SCTA Union
Despite union’s legal attempt to block vote, NLRB schedules election for March 11 in response to majority-backed petition from teachers to decertify union
Sacramento, CA (March 2, 2026) – In response to a petition from the majority of St. HOPE Public Schools educators requesting such a vote, a federal labor board has ordered an election to remove Sacramento City Teachers Association (SCTA) union officials from the school system to take place on Wednesday, March 11. The vote will take place among over 50 teachers from PS7 Elementary School, PS7 Middle School, and Sacramento Charter High School.
In January, St. HOPE educator Beth Simonton submitted a petition to the National Labor Relations Board (NLRB), asking the federal agency to administer a vote to end SCTA union bosses’ exclusive representation powers over her and her colleagues. The NLRB is the agency responsible for enforcing private sector labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions. Private organizations like St. HOPE that operate public charter schools are generally subject to federal labor law.
Simonton’s petition, which she submitted with free legal aid from National Right to Work Foundation staff attorneys, contained signatures from the majority of her colleagues – well over the threshold needed under federal law to trigger a union decertification vote. Following a hearing conducted January 26-28, NLRB Region 20 issued an order on February 25 ordering an election to be held.
“SCTA union officials have been extremely divisive and have not had a positive impact on teachers, students, or the St. HOPE community as a whole,” commented Simonton. “They’ve spent much more time trying to demonize school leadership than simply standing up for our interests. I’m proud to represent the majority of educators at St. HOPE who are standing up and saying ‘enough is enough.’”
NLRB Rejects Union Argument That St. HOPE is Exempt From Federal Labor Law
NLRB Region 20’s election order notably rejected arguments from SCTA union lawyers that the St. HOPE system is actually a “political subdivision” under the jurisdiction of California’s Public Employment Relations Board (PERB) and not subject to the NLRB. The U.S. Supreme Court ruled in Natural Gas Utility District of Hawkins County v. NLRB that an employer qualifies as such a “political subdivision” only if it was directly created by the state, or if it is administered by individuals who are accountable to the public or public officials.
The election order points out that a private individual founded St. HOPE and that public officials have little, if any, control over St. HOPE’s board of directors. “I find that [St. HOPE] is an employer within the meaning of Section 2(2) of the [National Labor Relations Act] and is not exempt under the test set forth in Hawkins County,” the NLRB Regional Director’s decision reads. “Accordingly, I am directing an election among the employees in the agreed upon appropriate unit.”
The Foundation has aided numerous charter school employees over the years in opposing unwanted union hierarchies. Elsewhere in California, charter school teachers at Gompers Preparatory Academy in San Diego sought Foundation aid in obtaining a vote to remove San Diego Education Association (SDEA) union officials from the school. After two such efforts to remove the union (one in 2019 and another in 2023) and much litigation over SDEA union bosses’ delay tactics, the educators finally voted the SDEA out in 2023.
“We at the Foundation are proud to assist St. HOPE educators in finally getting a chance to exercise their right to vote SCTA union officials out of power at their schools,” commented National Right to Work Foundation President Mark Mix. “But it’s ridiculous that it took a herculean effort and several years for St. HOPE teachers just to get to this point. Biased bureaucrats at the California PERB blocked them from having a union removal vote for several years based on dubious allegations of employer misconduct – and St. HOPE educators are hardly the only workers in California that PERB has subjected to such stonewalling.
“We hope that Ms. Simonton’s effort is not only the first step in St. HOPE educators freeing themselves from SCTA union chiefs, but also the first step toward freeing California educators from the oppressive California labor bureaucracy,” Mix added.
Sacramento St. Hope Educators Ask Federal Labor Board to Hold Vote to Eject SCTA Union Officials
Majority of St. Hope teachers support union decertification vote, petition submitted to National Labor Relations Board
Sacramento, CA (January 14, 2026) – A majority of educators for charter school operator St. HOPE Public Schools are requesting a vote to end Sacramento City Teachers Association (SCTA) union officials’ bargaining power over their schools. SCTA is an affiliate of both the California Teachers Association (CTA) and National Education Association (NEA).
St. HOPE educator Beth Simonton filed a petition backed by the majority of her coworkers late last week, requesting the National Labor Relations Board (NLRB) hold a union removal vote among St. HOPE teachers. Simonton is receiving free legal aid from National Right to Work Foundation staff attorneys.
The NLRB is the agency responsible for enforcing federal labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions. The work unit covered by the petition includes over 50 teachers from PS7 Elementary School, PS7 Middle School, and Sacramento Charter High School.
The SCTA first gained monopoly bargaining power over the charter system in 2018. St. HOPE teachers petitioned for a union decertification vote in 2021, but SCTA union officials were able to manipulate allegations of employer misconduct to scuttle it.
CTA Union Officials Cause Division in Sacramento Schools and Other CA Schools
“SCTA union officials have been extremely divisive and have not had a positive impact on teachers, students, or the St. HOPE community as a whole,” commented Simonton. “They’ve spent much more time trying to demonize school leadership than simply standing up for our interests. I’m proud to represent the majority of educators at St. HOPE who are standing up and saying ‘enough is enough.’”
St. HOPE Public Schools operates public charter schools within the Sacramento City Unified School District (SCUSD). In the past, California’s public schools have been subject to state labor boards and regulations. However, the Supreme Court’s ruling in NLRB v. Natural Gas Utility District of Hawkins County strongly suggests that the National Labor Relations Act (NLRA) covers charter school operators like St. HOPE within its definition of “employers” subject to the NLRB’s authority.
The Foundation has aided numerous charter school employees over the years in opposing unwanted union hierarchies. Elsewhere in California, charter school teachers at Gompers Preparatory Academy in San Diego sought Foundation aid in obtaining a vote to remove San Diego Education Association (SDEA) union officials from the school. After two such efforts (one in 2019 and another in 2023) and much litigation over union delay tactics, the educators finally voted the SDEA out in 2023.
Educators Seek Escape from Teacher Union and California Labor Bureaucracy
“St. HOPE educators serve some of Sacramento’s most underprivileged young people, and they deserve to have their voices in the workplace heard,” commented National Right to Work Foundation President Mark Mix. “California’s legislature and administrative state are deep in the pockets of CTA teacher union bosses, who overwhelmingly seek to further their own interests and power over the rights of educators themselves.
“We at the Foundation hope that Ms. Simonton and her colleagues’ effort to break free of both CTA union officials and the onerous California labor bureaucracy is just the first step in achieving greater freedom for charter school educators across the Golden State,” commented Mix.
Victory: San Diego Charter School Educators Vote Out Teacher Union Bosses
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.
SDEA officials stonewalled vote at charter school for years with “blocking charges” and pressure from elected officials
Kristie Chiscano kick-started the first effort at Gompers to remove the SDEA union. She witnessed firsthand that union control was ruining the independent nature of the charter school.
SAN DIEGO, CA – When San Diego Education Association (SDEA) union officials rose to power in 2019 at Gompers Preparatory Academy (GPA), educators and parents were rightfully concerned about what impact it would have on students’ progress and well-being.
Gompers had made an impressive transition to being a union-free charter school in 2005 after years of being plagued by unresponsive union bureaucracies, violence, high teacher turnover, and poor academic achievement. Teachers who feared that union monopoly control would allow such problems to creep back into Gompers quickly began an effort to vote out the union.
“I chose to work at a school that didn’t have a union, and now they’ve come in and they’re running everything about my contract and my work,” Kristie Chiscano, then a Gompers chemistry teacher and proponent of the decertification effort, said at the time.
While union stall tactics derailed Gompers educators’ 2019 effort to oust the union, Gompers educators didn’t give up. A majority of Gompers teachers backed another petition asking the California Public Employment Relations Board (PERB) for a vote to remove the union in 2023. Now, after years of legal maneuvers from union officials, Gompers educators have successfully ousted the SDEA with free legal aid from the National Right to Work Foundation.
SDEA Officials Used Spurious Charges to Block Earlier Teacher Effort
“There is definitely a lot more joy that’s going to be in classrooms now, instead of a burden with the union,” Cynthia Ornelas, a sixth grade Gompers teacher, told KPBS. “The union was making decisions for us, oh my goodness! We never knew what they were deciding because they didn’t communicate with teachers.”
Gompers teachers’ first effort to eliminate the SDEA union stemmed from an October 2019 petition that had the backing of a significant number of teachers, more than required by state law. However, SDEA union bosses averted the election by filing so-called “blocking charges” containing allegations of employer misconduct.
Union officials often manipulate “blocking charges” at the PERB and other state and federal labor relations agencies to stifle worker attempts to eliminate unpopular union “representation.”
As Foundation attorneys defended Gompers educators’ first petition, they also challenged a regulation requiring PERB agents and attorneys to accept union bosses’ “blocking charge” allegations as true. This regulation almost guarantees union defeat of any worker attempt to vote a union out.
Despite the PERB never holding a hearing into whether SDEA union bosses’ claims had any merit or whether they were related to the workers’ dissatisfaction with the union, PERB officials denied a decertification election to Gompers educators in October 2020.
Aside from legal maneuvers, union officials used intimidation and pressure to avoid being voted out. Chiscano and another Gompers educator filed charges maintaining that SDEA agents targeted them on social media for opposing the union hierarchy. California law makes it illegal for union officials to intimidate or retaliate against employees who exercise their right to refrain from union membership. Union-label California legislator Lorena Gonzalez, then an assemblywoman and now a top California AFL-CIO official, even wrote a screed to Gompers management that attacked the National Right to Work Foundation for simply providing legal aid to Gompers educators.
Teachers’ Long Struggle Exposes Massive Power of CA Public Sector Unions
Gompers educators submitted the March 2023 petition at the earliest time permitted by California labor regulations, which immunize union officials from employee-led decertification efforts for all but a tiny window while union contracts are active. Now, nearly four years after their original effort began, Gompers educators are finally free from union control.
“Gompers educators witnessed that SDEA union officials were not acting in the best interests of the students or the school community at large, and they fought courageously to bring back the independent environment that made Gompers a success,” commented National Right to Work Foundation President Mark Mix. “However, Gompers teachers shouldn’t have had to fight as long or as hard as they did simply to exercise their rights. No special interest group in California, or in America, should wield this kind of power over teachers and the public education system.
San Diego Gompers Preparatory Academy Charter School Educators Vote Out SDEA Union
Gompers teachers sought to remove union as early as 2019, but union bosses stymied last attempt with unproven allegations and pressure from elected officials
San Diego, CA (June 8, 2023) – Teachers at Gompers Preparatory Academy, a public charter school in the Chollas View neighborhood of San Diego, have successfully voted to remove San Diego Education Association (SDEA) union bosses from the school. The educators received free legal aid from National Right to Work Foundation staff attorneys.
While Gompers teachers have been seeking to exercise their right to free themselves from the SDEA union’s control as early as 2019, the current effort began in March 2023 after a majority of Gompers educators signed a petition asking the California Public Employment Relations Board (PERB) to hold an employee vote on whether to oust the union (known as a “union decertification vote”). After collecting ballots from Gompers educators from May 10 to June 6, PERB yesterday announced a majority of teachers voted to remove the union.
Union Tactics Delayed Earlier Efforts to Vote Out Unwanted Union
The initial union decertification effort took place not long after SDEA officials gained power at the school in January 2019 via “card check,” a process that bypasses the traditional secret-ballot vote system to install a union. Gompers made an impressive transition to being a union-free charter school in 2005 after years of being plagued by unresponsive union bureaucracies, violence, and poor academic achievement, so many teachers and parents viewed the reinstallation of union monopoly power at the school with suspicion. Some accused SDEA agents of actively sowing division at the school, including by supporting anti-charter school legislation and needlessly disparaging the school’s leadership.
Gompers teachers’ first effort to eliminate the SDEA union stemmed from an October 2019 petition that had the backing of the requisite number of teachers to prompt the PERB to hold a decertification vote. However, SDEA union bosses attempted to avert the election by filing so-called “blocking charges” containing allegations of employer misconduct.
Union officials often manipulate “blocking charges” at the PERB and other state and federal labor relations agencies to stifle worker attempts to eliminate unpopular union “representation.” Despite the PERB never holding a hearing into whether SDEA union bosses’ claims had any merit or whether they were related to the workers’ dissatisfaction with the union, PERB officials denied a decertification election to Gompers educators in October 2020.
Foundation attorneys’ case defending the first petition to remove SDEA union agents from the school also sought to overturn PERB Regulation 32752, which requires PERB agents and attorneys to accept union bosses’ “blocking charge” allegations as true – a stipulation almost guaranteeing union defeat of any worker attempt to vote a union out.
“I chose to work at a school that didn’t have a union and now they’ve come in and they’re running everything about my contract and my work,” Kristie Chiscano, then a Gompers chemistry teacher and proponent of the decertification effort, said at the time.
Union Agents Targeted Teachers Who Led Effort to Vote Out Union
Even worse, shortly after the PERB’s ruling halting the original decertification effort, Chiscano and another Gompers educator filed charges maintaining that SDEA agents targeted them on social media for opposing the union hierarchy. California law makes it illegal for union officials to intimidate or retaliate against employees who exercise their right to refrain from union membership.
Union boss-aligned state legislators even chimed in to pressure Gompers management to give in to union demands. In a letter to Gompers management, then-Assemblywoman Lorena Gonzalez (now an AFL-CIO president) attacked the National Right to Work Foundation for simply providing legal aid to Gompers educators as they sought to exercise their right to hold a decertification election. Gonzalez was best known during her tenure for authoring AB5, a California law that drastically reduced opportunities for freelance workers and independent contractors across the state.
Teachers’ Union Decertification Efforts Expose Massive Power of California Public Sector Unions
Gompers educators submitted the March 2023 petition at the earliest time permitted by California labor regulations, which immunize union officials from employee-led decertification efforts for all but a tiny window while union contracts are active. Now, nearly four years after their original effort began, Gompers educators have finally voted to free themselves from union control. Gompers teachers and Foundation attorneys are still prepared to fight any objections the union files in an attempt to throw out the result.
“Gompers educators witnessed that SDEA union officials were not acting in the best interests of the students or the school community at large, and fought courageously for years to bring back the independent environment that made Gompers a success,” commented National Right to Work Foundation President Mark Mix. “While we at the Foundation are proud to have helped them win the fight, the hardship these teachers faced just to vote out a union they disapproved of should raise serious questions about union officials’ privileges under California law.”
“Gompers teachers endured years of legal roadblocks just to exercise their rights, and that’s to say nothing of the retaliation they faced from union officials and even pressure from union-label policymakers,” Mix added. “No special interest group in California, or in America, should wield this kind of power over teachers and the public education system.”
San Diego Gompers Preparatory Academy Educators Begin New Effort to Oust SDEA Union Bosses from School
Union bosses stymied last attempt with unproven allegations and pressure from elected officials, majority of teachers now back new effort
San Diego, CA (March 13, 2023) – Teachers at Gompers Preparatory Academy, a public charter school in the Chollas View neighborhood of San Diego, have banded together again to exercise their right to vote San Diego Education Association (SDEA) union bosses out of power at the school.
With free legal aid from National Right to Work Legal Defense Foundation staff attorneys, Gompers computer teacher Sean Bentz just submitted a petition to the California Public Employment Relations Board (PERB), requesting the agency hold a vote among his colleagues on whether to oust the union. The petition contains signatures of a majority of the teachers under the SDEA union’s control.
Bentz’s petition marks the second time in just over three years that Gompers educators have attempted to boot the SDEA union from the school. Gompers chemistry teacher Dr. Kristie Chiscano submitted a decertification petition with Foundation legal aid in October 2019. Despite this petition also having the backing of the requisite number of teachers to spur a decertification vote, SDEA union bosses attempted to avert the election by filing so-called “blocking charges” containing allegations of employer misconduct.
Union officials often manipulate “blocking charges” at the PERB and other state and federal labor relations agencies to stifle worker attempts to eliminate unpopular union “representation.” Despite the PERB never holding a hearing into whether SDEA union bosses’ claims had any merit or whether they were related to the workers’ dissatisfaction with the union, PERB officials denied a decertification election to Chiscano and her colleagues in October 2020.
State Labor Agency’s Rule Aided Union in Blocking Vote
Chiscano’s case defending the first petition to remove SDEA union agents from the school also sought to overturn PERB Regulation 32752, which requires PERB agents and attorneys to accept union bosses’ “blocking charge” allegations as true – a stipulation almost guaranteeing union defeat of any worker attempt to vote a union out.
The initial union decertification effort took place not long after SDEA officials gained power at the school in January 2019 via “card check,” a process that bypasses the traditional secret-ballot vote system to install a union. Gompers made an impressive transition to being a union-free charter school in 2005 after years of being plagued by unresponsive union bureaucracies, violence, and poor academic achievement, so many teachers and parents viewed the reinstallation of union power at the school with suspicion. Some accused SDEA agents of actively sowing division at the school, including by supporting anti-charter school legislation and needlessly disparaging the school’s leadership.
“I chose to work at a school that didn’t have a union and now they’ve come in and they’re running everything about my contract and my work,” Chiscano said at the time.
Union Agents Targeted Teachers Who Led Effort to Vote Out Union
Even worse, shortly after the PERB’s ruling halting the original decertification effort, Chiscano and another Gompers educator filed charges maintaining that SDEA agents targeted them on social media for opposing the union hierarchy. California law makes it illegal for union officials to intimidate or retaliate against employees who exercise their right to refrain from union membership.
Union boss-aligned state legislators even chimed in to pressure Gompers management to give in to union demands. In a letter to Gompers management, then-Assemblywoman Lorena Gonzalez attacked the National Right to Work Foundation simply for providing legal aid to Gompers educators as they sought to exercise their right to hold a decertification election. Gonzalez was best known during her tenure for authoring AB5, a California law that drastically reduced opportunities for freelance workers and independent contractors across the state.
Teachers’ Union Decertification Efforts Expose Massive Power of California Public Sector Unions
Sean Bentz filed the new decertification petition renewing the fight to oust the union at the earliest time permitted by California labor regulations, which immunize union officials from employee-led decertification efforts for all but a tiny window while union contracts are active. But the new decertification attempt will likely face the same roadblocks of “blocking charges” as the old one.
“The new decertification effort at Gompers Preparatory Academy pits concerned educators against California’s most entrenched special interest – public sector union bosses,” commented National Right to Work Foundation President Mark Mix. “In their last endeavor, Gompers teachers, who simply wanted to exercise their right to vote on whether SDEA union bosses deserved to remain in power, faced specious allegations meant to block the vote, union attacks on social media, and even pressure from union-label politicians.”
“Foundation attorneys will proudly fight alongside Gompers teachers to vindicate their rights, but ultimately this effort should expose how California’s labor laws prioritize union bosses’ desire for control over schools and other public services far above the rights of the employees who provide these services,” Mix added.
NJ, Chicago Educators Push for Supreme Court Review of Anti-Janus Schemes
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2021 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Two petitions ask High Court to hear challenges to union boss-concocted ‘escape periods’
Plaintiff and Chicago Public Schools teacher Ifeoma Nkemdi called CTU union militants’ retaliation against her “a dishonor to the profession of education.” Her lawsuit seeks to force CTU bosses to respect her Janus rights.
WASHINGTON, DC – Staff attorneys from the National Right to Work Legal Defense Foundation have just submitted petitions for writ of certiorari in two class-action civil rights cases seeking to enforce workers’ First Amendment rights. In both cases, public educators are fighting union boss-created restrictions on their First Amendment right to refrain from funding unwanted union hierarchies in their workplaces.
One petition was filed for Chicago Public Schools educators Joanne Troesch and Ifeoma Nkemdi, whose lawsuit against the Chicago Teachers Union (CTU) and the Chicago Board of Education challenges an “escape period” scheme that blocks workers from exercising, outside the month of August, their right to terminate dues deductions from their paychecks.
A second petition was filed in a lawsuit brought by New Jersey teachers Susan Fischer and Jeanette Speck, who are suing the New Jersey Education Association (NJEA) union for enforcing a similar annual window that restricts employees in the exercise of their Janus rights to just 10 days annually, less than 3% of the year.
Constraints Clearly Violate Janus Mandate of Affirmative Consent to Dues
Both lawsuits argue that these union dues “escape periods” run afoul of the U.S. Supreme Court’s landmark ruling in Janus v. AFSCME, which was argued and won by Foundation staff attorneys in 2018. In Janus, the court ruled that no public worker can be forced to pay union dues or fees as a condition of keeping their job.
The Court further held that union bosses contravene the First Amendment if they seize any money from an employee’s paycheck without their affirmative consent and a knowing waiver of that employee’s First Amendment rights. Both petitions say public sector union officials’ “escape period” schemes breach this requirement.
Union Honchos Snubbed Exercise of Janus Rights, Kept Taking Money
Fischer and Speck, who both work in Ocean Township, NJ, attempted to exercise their Janus rights in July 2018, just a month after the High Court handed down the Janus decision. But Township officials told the teachers they could only stop payments and withdraw their memberships during an annual 10-day window. Unbeknownst to the teachers, union partisans in the New Jersey legislature had actually established that “escape period” by law in May 2018 in an apparent attempt to defang the pending Janus decision.
In Chicago, Troesch and Nkemdi’s complaint explains, both educators “did not know they had a constitutional right not to financially support” the union hierarchy until the fall of 2019, when they discovered their Janus rights while looking for information on how to continue working during a strike that CTU bosses ordered that October. They sent letters the same month to CTU officials to exercise their Janus right to resign union membership and cut off all dues deductions.
Both educators received no response until November of that year, when CTU officials confirmed receipt of the letters but said that they would continue to seize dues from the teachers’ paychecks “until September 1, 2020,” as per the union’s “escape period” scheme.
Teachers Urge Dissolution of ‘Escape Periods,’ Refunds for Them and Coworkers
Both lawsuits demand that union and government officials cease enforcing “escape periods,” properly apprise the educators’ coworkers of their right to end dues deductions any time, and allow any bargaining unit member to reclaim dues that have already been seized from them under such arrangements. Additionally, both cases seek to overturn state laws that codify “escape periods.”
“‘Escape periods’ like those forced on Troesch, Nkemdi, Fischer and Speck serve no purpose other than to keep shoveling into union coffers the hard-earned cash of public servants who oppose union officials’ so-called ‘representation,’ even after those employees have clearly exercised their First Amendment right to object to such payments,” commented National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse. “With opposition to these schemes growing among public employees, the Supreme Court should quickly take up this issue and clarify that Janus does not permit union bosses to profit from curtailing workers’ constitutional rights.”
Foundation Case Featured in the Wall Street Journal: “Chicago’s Union Pickpockets”
The Wall Street Journal published an editorial in Tuesday’s paper detailing how two teachers are suing the Chicago Teachers Union (CTU) with free legal aid from the National Right to Work Foundation, because union officials are forcing workers to pay dues in violation of their rights as recognized in the Foundation’s Janus v. AFSCME Supreme Court victory.
The editorial quotes one of the two teachers represented by Foundation staff attorneys and shows how CTU and the Chicago School Board continued to take money from them in violation of their First Amendment rights:
When the CTU went on strike last fall, Joanne Troesch and Ifeoma Nkemdi didn’t want to stop teaching. Ms. Nkemdi says her second graders are “incredible, highly intelligent young people” but “already disenfranchised,” so “I didn’t feel they needed to be away from school, period. . . . Time away was going to be detrimental.”
Both teachers quit the union, and in late October asked Chicago Public Schools to stop deducting dues from their paychecks. But even after receiving notice, the union continued to pilfer $35.71 from Ms. Troesch and $59.51 from Ms. Nkemdi every two weeks. The CTU claims members may revoke permission for dues deductions only during the month of August, and anyone who leaves after that must pay until the next escape window.
The editorial also cites Foundation attorney Bill Messenger on such union-created “escape window” schemes:
As of May 1, there were some 89 active lawsuits nationwide challenging similar union “escape windows” or the forced collection of dues, says Bill Messenger, the National Right to Work Legal Defense Foundation lawyer who argued Janus. He represents the two teachers.
The editorial concludes that federal courts need to enforce the Janus decision against these “escape window” schemes:
[CTU’s top lawyer] says the union operates “stringently within the letter of the law.” The union’s escape-window shenanigans show otherwise. Federal courts need to enforce Janus or it will have no meaning.
Foundation Defends Michigan Teacher from Union Boss Money Grab as Union Sues for Dues Teacher Never Owed
Foundation helps teacher respond to Michigan Education Association lawsuit seeking collection of ‘back dues’ from her after she resigned her union membership
Ann Arbor, MI (April 24, 2020) – With free legal aid from the National Right to Work Legal Defense Foundation, Ann Arbor-area teacher Deborah Wolter is defending herself against Michigan Educators Association (MEA) union lawyers who filed a lawsuit claiming she owes thousands of dollars in back dues, despite the fact that the purportedly owed dues are for a period after she resigned her union membership. Under Michigan’s Right to Work law, nonmembers cannot be required to make any payments of union dues or fees.
As her response to the union lawsuit notes, Wolter does not owe MEA any dues because she resigned her union membership in August 2014. Because MEA’s demands for dues violate Michigan’s Right to Work law, Wolter’s attorneys are fighting to dismiss the union’s false claims that she owes them anything.
MEA union lawyers are suing Wolter for not paying dues as a nonmember, while Wolter’s attorneys charge the union lawsuit violates Michigan’s Right to Work law—which protects nonmembers from being forced to pay union dues or fees and allows workers to cut off all dues payments after resigning their union membership.
Union lawyers further claim in their lawsuit that Wolter did not resign union membership before she stopped paying dues, despite Wolter’s August 2014 resignation. As her legal filings state, Wolter “terminated her membership in both law and fact,” and therefore does not owe MEA union bosses anything.
Last year, Foundation staff attorneys won a victory for two other teachers at Wolter’s school facing similar demands from officials of the Ann Arbor Education Association (AAEA), an MEA affiliate. In that case, the Michigan Court of Appeals ruled AAEA violated the rights of teachers Jeffrey Finnan and Cory Merante under Michigan’s Right to Work Law by demanding that they continue to pay union fees even though they had resigned their union membership.
Since Michigan passed its Right to Work law, which became effective in March 2013, Foundation staff attorneys have brought over 120 cases for Michigan workers subjected to coercive union boss tactics.
“It is despicable that Michigan union bosses yet again are demanding forced union dues in violation of Michigan’s Right to Work law,” commented National Right to Work Foundation President Mark Mix. “The National Right to Work Foundation is proud to stand with Michiganders who are exercising their rights under Michigan’s Right to Work law that makes union financial support strictly voluntary.”
