9 Dec 2024

California and Georgia Truck Drivers Petition for Votes to Remove Teamsters Union Bosses

Posted in News Releases

Efforts come in the face of Teamsters-backed Biden-Harris Labor Board rule designed to disenfranchise workers

California and Georgia (December 9, 2024) – Two sets of trucking employees have filed petitions seeking elections to remove International Brotherhood of Teamsters (Teamsters) union officials from power in their workplaces. Stockton, CA-based PepsiCo driver Edward Kilgore and Georgia-based BFI Waste Services driver James Shiflett submitted decertification petitions to the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.

Edward Kilgore, a truck driver for PepsiCo Beverages North America in Stockton, CA, submitted a petition in December, in which the majority of his coworkers asked the National Labor Relations Board (NLRB) to hold a vote to remove Teamsters Local 439 union bosses. Soon after, a group of Georgia-area BFI Waste Services, LLC truckers led by James Shiflett also filed a petition demanding the same kind of NLRB election to oust Teamsters Local 728. The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions.

Both Kilgore’s and Shiflett’s decertification petitions contain employee signatures well in excess of the  threshold needed to trigger a decertification vote under the National Labor Relations Act (NLRA). If a majority of Kilgore’s and Shiflett’s coworkers vote against retaining the Teamsters union officials, they will lose their monopoly bargaining powers in the workplace.

For the California workers, their continued effort is especially critical because they are based in a state that lacks Right to Work protections. In such states, union officials can impose union contracts that require workers to pay dues or fees as a condition of getting or keeping a job. In contrast, in Right to Work states like Georgia, union membership and dues payment are strictly voluntary.

However, in both Right to Work and non-Right to Work jurisdictions, union bosses can use their monopoly bargaining privileges to subject all workers in a unionized facility to one-size fits-all contracts – even those workers who voted against the union or otherwise oppose it. A successful decertification election ends union officials’ forced-dues and monopoly bargaining powers in a workplace.

“My coworkers and I are not just opposed to Teamsters officials so-called ‘representation’ but especially offended that currently the union has the power to enter into a contract that forces us to fund the very union we oppose,” said Edward Kilgore, who filed the petition against Teamsters Local 439. “This is about giving workers the power to make their own decisions.”

Pro-Union Boss Shifts in NLRB Policy Disenfranchise Workers

Despite an over 50% increase in the number of decertification petitions filed annually over the last four years, Biden-Harris NLRB bureaucrats recently repealed key reforms (known collectively as the “Election Protection Rule”) that made it easier for workers to request decertification elections. Under the Teamsters-backed change, union officials can manipulate often-unproven allegations against management (also known as “blocking charges”) to stop workers from exercising their right to vote out a union, and can also stop workers from requesting decertification elections to challenge a union’s ascent to power via “card check,” an unsecure process that bypasses the traditional secret-ballot vote process.

“Workers across the country are rejecting union officials top-down agendas both inside and outside the workplace,” commented National Right to Work Foundation President Mark Mix. “While Teamsters bosses like Sean O’Brien are advocating for more power over rank-and-file workers, including by advocating for the elimination of Right to Work protections nationwide, America’s working men and women are increasingly seeking to vote out union officials that don’t serve their interests.”

1 Nov 2024

Trucking Company Employees Force Out Teamsters Union Bosses in Virginia, Similar Ouster Could Soon Come in New Jersey

Posted in News Releases

Efforts come in the face of anti-Right to Work push by Teamsters bosses and Teamster-backed Biden-Harris Labor Board rule change to disenfranchise workers

Washington, DC (November 1, 2024) – In two recent efforts by trucking employees across the Eastern Seaboard to free their workplaces from Teamsters union officials, a group of Virginia workers has successfully forced out Teamsters Local 322, while a similar effort by Philadelphia-area workers against Teamsters Local 500 continues.

Nelson Chilson, a truck driver for NAPA Transportation in Richmond, VA, submitted a petition earlier this month in which the majority of his coworkers asked the National Labor Relations Board (NLRB) to hold a vote to remove Teamsters Local 322 union bosses. Just days earlier, a group of Philadelphia-area Penske Logistics truckers led by Shawn Shute also filed a petition demanding the same kind of NLRB election to oust Teamsters Local 500. Both Chilson and Shute are receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.

The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Both Chilson’s and Shute’s decertification petitions contain employee signatures well in excess of the threshold needed to trigger a decertification vote under the National Labor Relations Act (NLRA).

All truck drivers from each facility are eligible to vote in each union decertification election. However, in Chilson’s workplace it appears that Teamsters Local 332 officials are attempting to flee the workplace ahead of a worker vote, as they’ve filed a “disclaimer of interest” renouncing their desire to continue their power over the Virginia workers, perhaps to avoid a ballot-box embarrassment.

As for the Philly-area Penske Logistics workers, their continued effort is higher stakes because they are based in New Jersey, a state that lacks Right to Work protections. In such states, union officials can enforce contracts that require workers to pay dues or fees as a condition of getting or keeping a job. In contrast, in Right to Work states like Virginia, union membership and dues payment are strictly voluntary.

However, in both Right to Work and non-Right to Work jurisdictions, union bosses can use their monopoly bargaining privileges to subject all workers in a unionized facility to one-size fits-all contracts – even those who voted against the union or otherwise oppose it. A successful decertification election ends union officials’ forced-dues and monopoly bargaining powers in a workplace.

Pro-Union Boss Shifts in NLRB Policy Will Disenfranchise Workers

Despite an over 50% increase in the number of decertification petitions filed annually over the last four years, Biden-Harris NLRB bureaucrats recently repealed key reforms (known collectively as the “Election Protection Rule”) that made it easier for workers to request decertification elections. Now, union officials can manipulate often-unproven allegations against management (also known as “blocking charges”) to stop workers from exercising their right to vote out a union, and can also stop workers from requesting decertification elections to challenge a union’s ascent to power via “card check,” an unsecure process that bypasses the traditional secret-ballot vote process.

The policy shift comes as Teamsters union officials push a vehemently anti-Right to Work political agenda, despite nearly 80% of current union members expressing support for the idea that workers should never be forced to join or pay dues to a union as a condition of employment, according to a recent Rasmussen Media Group poll.

“Despite union boss rhetoric touting ‘solidarity,’ there has never been more evidence that union officials – Teamsters officials especially – are pushing an agenda out of touch with the rank-and-file,” commented National Right to Work Foundation President Mark Mix. “Whether it’s continued worker attempts to decertify Teamsters unions, the Teamsters hierarchy ignoring the rank-and-file’s preferences regarding policies and candidates, or worker-filed unfair labor practice charges against Teamsters militants, employees are growing wise to the fact that the chiefs of their union may prize power and influence far above their individual rights.

“The Foundation’s cases for Mr. Shute and Mr. Chilson are just a couple examples of workers declaring their independence from unwanted union officials, and Foundation attorneys will stand with them and many other workers even in the face of opposition from both union chiefs and hostile federal bureaucrats,” Mix added.

6 Sep 2024

San Diego-Area Reliance Metal Center Employees Overwhelmingly Vote to Remove Teamsters Union Officials

Posted in News Releases

Successful effort comes as Biden-Harris NLRB tightens restrictions on workers voting out unions

San Diego, CA (September 6, 2024) – Jesus Arellano and his coworkers at Reliance Metal Center in National City, CA, have successfully voted out Teamsters Local 683 union officials. The vote, in which 80% of Reliance Metal Center trucking and warehouse employees voted to oust the union, took place on August 19 and received certification from the National Labor Relations Board (NLRB) on September 3. Arellano and his colleagues obtained the vote with free legal aid from National Right to Work Foundation staff attorneys.

The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Arellano kicked off the process by submitting a “decertification petition” to the NLRB in July, which contained signatures from the vast majority of his colleagues in support of having a decertification election. A decertification petition only requires support from 30% of a work unit to prompt the NLRB to hold a decertification election.

Because California lacks Right to Work protections for its private sector workers, Teamsters officials had the legal power to enforce contracts that required Arellano and his colleagues to pay dues or fees as a condition of getting or keeping a job. In Right to Work states, in contrast, union membership and financial support are strictly voluntary. Now that Arellano and his coworkers have voted out the Teamsters, they are free of both union officials’ power to contract and speak for all employees in the work unit, and the obligation to pay dues or be fired.

“The current leadership from our Local 683 have been failing for the past 8 years to perform their duties in a professional manner,” commented Arellano, who explained that dissatisfaction with union officials combined with his colleagues’ “excellent relationship with management here at Reliance…made our decision clear that we would have a better opportunity and brighter future by voting to decertify the Union.”

Dubious NLRB Policy Prevented Truckers and Warehouse Workers from Ousting Teamsters Sooner

Arellano petitioned for a decertification election as soon as three years under the Teamsters’ latest monopoly bargaining contract in their workplace had elapsed, which was the soonest such a request could be made under NLRB rules.

This is because the “contract bar,” a non-statutory NLRB policy favored by union bosses, generally prevents workers from attempting to decertify a union for up to three years after union officials and company managers finalize a contract. The timely demand for an election and overwhelming vote against the union likely indicate that Arellano and the other Reliance Metal Center employees were eager to eject the union.

Biden-Harris Administration Cracking Down on Worker Attempts to Decertify Unions

The successful decertification at Reliance Metal Center comes as decertification petition filings have gone up over 40 percent since 2020 (according to NLRB data) and workers are joining unions in record low numbers. Despite workers’ desire to get away from unions that don’t serve their interests, the Biden-Harris NLRB recently issued a final rule which will make it much harder for rank-and-file workers to exercise their right to vote out union officials they oppose. One part of the new rule lets union officials prevent decertification votes from going forward by filing unverified “blocking charges” alleging employer interference.

Arellano’s effort also comes as Foundation attorneys are assisting or have recently assisted other California workers in resisting Teamsters union boss power, including in response to threats of violence and illegal termination threats.

“Around the country, workers are questioning union bosses’ priorities, especially as Big Labor officials increasingly seem willing to break the law to stifle opposition, or engage in overt politicking in order to solidify their grip over the rank-and-file,” commented National Right to Work Foundation President Mark Mix. “Teamsters officials are no exception, and recent cases emphasize the fact that workers should have more freedom, not less, to exercise their right to vote out union officials who harm their interests.

“Cases like this show why workers need more freedom to disassociate with union officials they oppose and more opportunities to hold decertification votes to free themselves from unwanted so-called union ‘representation,’” Mix added. “Instead, the Biden-Harris Administration is taking the exact opposite approach, expanding the powers of union bosses to trap workers in dues-paying union ranks even when a majority wants nothing to do with the union.”

26 Aug 2024

Dependable Highway Express Workers Successfully Oust Teamsters Union Officials

The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.

California workers claim victory in vote to remove Teamsters after union threat-mongering

Teamsters Trucked Out: John Cwiek didn’t give up the fight after Teamsters union officials tried to threaten him after he revealed info on union boss salaries. He rallied his coworkers, who sent the union packing.

ONTARIO, CA – In a victory for workplace freedom, employees at Los Angeles-based transportation company Dependable Highway Express have won their fight to remove Teamsters Local 63 union officials from their workplace. The campaign for removal was spearheaded by employee John Cwiek, who obtained support from a majority of his coworkers on a petition that sought a vote to remove the union. Cwiek received free legal aid from the National Right to Work Legal Defense Foundation throughout his legal fight to remove the union he and his coworkers opposed.

Teamsters Walk Away

The initiative began when Mr. Cwiek filed a union decertification petition in March of this year, asking the National Labor Relations Board (NLRB) to hold a secret ballot vote to strip Teamsters union officials of their monopoly bargaining power over Dependable Highway Express employees. Eventually, when it became clear the vote would be held, Teamsters officials conceded defeat and walked away from the bargaining unit rather than contest the decertification election.

Because Cwiek and his fellow employees work in non-Right to Work California, Teamsters officials were empowered to enforce contracts that forced employees to pay dues or fees as a condition of employment. With the union gone, Dependable Highway Express workers are free from both the union’s forceddues demands and the unwanted monopoly bargaining power.

The decertification effort came after the Foundation assisted Cwiek in filing unfair labor practice charges against Teamsters union officials for retaliating against him because he revealed truthful but unfavorable information about union officials to his coworkers.

Union Bosses Threatened Worker for Revealing Union Boss Salaries

In January, Cwiek sent letters to his coworkers containing details about union boss salaries — information Cwiek pulled from the Teamsters union’s public filings with the U.S. Department of Labor. In retaliation for Cwiek sending the letters, a union official appeared at Cwiek’s workplace the next day, made accusations against him, and threatened that Cwiek wouldn’t be working at Dependable Highway Express by the next contract period.

“I am deeply troubled by the blatant retaliatory actions taken by officials at Teamsters Local 63 in response to expressing the views of myself and several other hard-working drivers at Dependable Highway Express,” Cwiek commented at the time. “We will not be deterred by their bullying tactics and the baseless accusations they levy against myself and others.”

“Mr. Cwiek’s battle and the struggles of other transportation workers across Southern California show exactly why Right to Work protections are so necessary,” commented National Right to Work Foundation Vice President Patrick Semmens. “Workers obviously shouldn’t be forced to pay a union that engages in illegal activity, and ideally they should have full control over whether or not union officials get a cut of their paycheck.”

21 Aug 2024

Employees at Petaluma, CA, and Dover, OH, Ford Dealerships Successfully Force Out Unwanted IAM Union Officials

Posted in News Releases

Efforts in Ohio and California come as Biden-Harris NLRB tightens restrictions on workers voting out unions

Petaluma, CA & Dover, OH (August 20, 2024) – Employees at auto dealership Hansel Ford of Petaluma have successfully forced unwanted International Association of Machinists (IAM) Local Lodge 1596 union officials out of their workplace. The victory comes after about 80% of Hansel Ford workers signed onto a petition seeking a vote to oust the union. Hansel Ford employee Gustavo Pena submitted the petition to National Labor Relations Board (NLRB) Region 20 in San Francisco 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 administering elections to install (or “certify”) and remove (or “decertify”) unions. Pena’s decertification petition contained well over the 30% threshold of employee signatures needed to trigger a decertification vote under NLRB rules. However, before the NLRB could schedule a union decertification vote among Pena and his coworkers, IAM union officials filed paperwork disclaiming interest in continuing their control over the workplace.

Because California lacks Right to Work protections for its private sector workers, IAM union officials had the legal power to enforce contracts that required Pena and his colleagues to pay dues or fees as a condition of getting or keeping a job. In Right to Work states, in contrast, union membership and financial support are strictly voluntary.

Now that Pena and the other Hansel Ford workers have forced the IAM union out, they are free of both union officials’ power to contract and speak for all employees in the work unit (including the majority who opposed the union) and the union’s power to force them to pay dues to support their activities.

Technicians at Ford Dealership in Ohio Also Force Out IAM Union Bosses

Foundation staff attorneys also assisted technicians at Parkway Ford in Dover, OH, in requesting a decertification election to remove IAM Local 1363 union officials from their workplace. The worker who submitted this petition, Ryan Graham, also obtained signatures from a majority of his coworkers, well in excess of the 30% needed to prompt a vote.

Before NLRB Region 8 officials could schedule a vote at Graham’s workplace, however, IAM union bosses filed paperwork disclaiming interest in continuing their monopoly bargaining power over the workplace. This may have been to avoid an embarrassing rejection by employees at the ballot box.

Ohio is also not a Right to Work state, meaning that IAM union officials had the power to compel Graham and his fellow technicians to pay union dues or fees as a condition of keeping their jobs. While Supreme Court precedents like General Motors v. NLRB and the Foundation-won Communications Workers of America v. Beck prohibit union officials from forcing workers to formally join a union or pay for its non-bargaining-related activities (such as politics), many workers may prefer to decertify an unwanted union that does not respect those rights.

In nearby Michigan, Foundation-assisted mechanics from Brown Motors, a Ford dealership in Petoskey, recently voted in a “deauthorization election” to end Teamsters union officials’ forced-dues power over them. A “deauthorization election” is the only way outside of decertifying a union to end forced-dues demands in a non-Right to Work state and is petitioned for in a way similar to a decertification vote.

The new efforts come as decertification petition filings have gone up over 40 percent since 2020 (according to NLRB data) and worker interest in joining a union is at a historic low. Despite workers’ desire to get away from unions that don’t serve their interests, the Biden-Harris NLRB has just issued a final rule which will make it much harder for rank-and-file workers to exercise their right to vote out union officials they oppose. One part of the new rule lets union officials prevent decertification votes from going forward by filing unverified “blocking charges” alleging employer interference.

“The employees from Ford dealerships in California and Ohio are just the latest examples of the many workers across the country who want to exercise their right to dissociate from union officials that they disapprove of,” commented National Right to Work Foundation President Mark Mix. “That the Biden-Harris NLRB is paring back this right shows that the current administration is interested in giving its union boss political allies more power to siphon money from workers, as opposed to defending those workers’ individual rights.”

20 Aug 2024

Genesys Nurse Hits Hospital, Teamsters Union with Additional Federal Charges for Illegal Dues Deductions

Posted in News Releases

New charges latest example of how union bosses are violating workers’ rights following repeal of Michigan Right to Work law

Flint, MI (August 20, 2024) – Madrina Wells, a nurse at Ascension Genesys Hospital in Grand Blanc Township, MI, has filed additional federal unfair labor practice charges against the Teamsters Local 332 union and her employer for illegally deducting union dues out of her paycheck in violation of federal law. Madrina filed the two new unfair labor practice charges with the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Foundation staff attorneys.

Last month, Wells and her coworker filed federal unfair labor practice charges against the Teamsters Local 332 union, where they maintained that union bosses threatened to fire them and other nurses if they didn’t sign forms authorizing union officials to deduct dues straight out of their paychecks.  The charges for Wells and her coworker Lynette Doyle, were also filed at the NLRB with National Right to Work Foundation legal aid. NLRB agents will now investigate Wells’ multiple charges in addition to the charge filed by Doyle.

The new charges from Wells are the most recent in a flurry of Foundation-backed cases for Michigan workers who are seeking to challenge or escape union bosses’ coercive power in the wake of Michigan’s repeal of its Right to Work law. Since the repeal became effective this February, union bosses have had the legal power to require workers to pay union dues or fees as a condition of employment. In states with Right to Work protections, union membership and all union financial support are strictly voluntary.

However, even in states like Michigan that lack Right to Work protections and allow for forced-fee requirements, longstanding federal law prohibits union bosses from requiring workers to authorize the direct deduction of union dues from their paychecks. The Foundation-won Communications Workers of America v. Beck Supreme Court decision additionally forbids union bosses in non-Right to Work states from forcing workers to pay money for any activities beyond the union’s bargaining functions, such as political expenditures.

“I already had issues with Teamsters bosses’ illegally demanding money from me when Right to Work was in force,” commented Madrina Wells. “Back then, I at least knew that I was defending my right to pay nothing at all to Teamsters bosses I disapprove of. It’s ridiculous that rather than comply with my rights, Teamsters Local 332, now with the assistance of my employer, have violated Federal law once again by deducting dues from my paycheck without my consent.”

Without Right to Work, Michigan Workers Increasingly Having to Take Legal Action Against Union Boss Forced Dues Abuses

In a party-line 2023 vote, Michigan legislators repealed Right to Work at the behest of union special interests, ending workers’ ability to decide for themselves whether or not union officials deserve their dues money. The imposition of union bosses’ power to force employees to “pay up or be fired” came despite polling showing Michiganders, including those in union households, overwhelmingly opposed the elimination of workers’ Right to Work protections.

After the repeal became effective this February, workers from across the Great Lakes State sought help from National Right to Work Foundation staff attorneys in escaping union bosses’ forced-dues demands. The total cases that our attorneys have filed for Michigan workers in 2024 is already more than double the 2023 number.

“Emboldened by the partisan repeal of Right to Work, Michigan union bosses are showing once again that their greed for forced dues is more important than the rights of the very workers they claim to ‘represent,’” observed National Right to Work Foundation President Mark Mix. “Michigan workers are standing up to defend what rights they still have against union coercion, and the Foundation is proud to assist them.”

“Ultimately though, this flood of legal aid requests from Michigan workers challenging forced dues abuses shows why Michigan workers need the protection of Right to Work, so that union financial support is fully voluntary once again,” added Mix.

14 Jun 2024

Detroit School Bus Driver Slams Teamsters Union With Federal Charges for Seizing Full Dues Illegally From Paycheck

Posted in News Releases

Teamsters officials ignored First Student driver’s request to opt-out of funding union politics, similar cases increase after MI Right to Work repeal

Detroit, MI (June 14, 2024) – Frances Dennis, a Troy-based school bus driver for First Student, Inc., has just filed federal charges against Teamsters Local 299 union officials for seizing full union dues payments from her wages even though she resigned her membership in the union. Dennis filed the charges at National Labor Relations Board (NLRB) Region 7 in Detroit with free legal assistance from National Right to Work Foundation attorneys.

Dennis is seeking to defend her rights under the Foundation-won Communications Workers of America v. Beck Supreme Court decision, which forbids union officials from forcing employees who have abstained from union membership into paying dues or fees for anything beyond the union’s core bargaining functions. Union political expenditures, which often make up part of full membership dues, are among those expenses that Beck prevents union officials from forcing nonmember workers into funding. Nonmember workers who exercise their Beck rights are also entitled to an independent audit of the union’s finances and a breakdown of how union officials spend forced contributions.

In non-Right to Work states, including Michigan where Right to Work was repealed earlier this year, union officials’ privilege to force workers to pay dues or fees as a condition of employment is limited by the Beck ruling. Under federal law and U.S. Supreme Court precedents like General Motors v. NLRB, union officials also can’t compel workers to maintain formal union membership as a condition of getting or keeping a job.

In Right to Work states, in contrast, both union membership and all union financial support are strictly the choice of each individual worker.

Teamsters Continue to Take Money for Politics Unlawfully From School Bus Driver

According to the charges, in December 2023 Dennis sent a letter to Teamsters union officials exercising both her right to resign union membership and her right to cut off union dues deductions from her paycheck. At the time, Michigan’s Right to Work law was still on the books, meaning Teamsters union officials should have honored both of Dennis’ requests. However, her charges state that Teamsters agents “did not respond to this letter and continued to deduct dues from her wages.”

Knowing that the Michigan Legislature had set the Right to Work repeal for February 2024, Dennis sent another letter in January 2024 “objecting to the demand of any dues or fees without the protections guaranteed by Communications Workers of America v. Beck.” She also objected to union officials taking dues from her paycheck. Even where forced-dues arrangements are legal, federal law prohibits union bosses from requiring the payment of such dues through direct payroll deduction.

Dennis’ charges report that Teamsters union bosses have not responded to her letter, have not provided her with any of her Beck rights, and continue to seize full union dues out of her wages. Even worse, a union recording secretary told Dennis via text that “she was required…to complete and submit a dues checkoff form” authorizing direct dues deduction as a condition of keeping her job.

After MI Right to Work Repeal, Cases Challenging Forced Dues Pile Up

Dennis’ case is just the latest in a string filed by Foundation attorneys for Michigan workers seeking to challenge union bosses’ forced-dues arrangements in the wake of Michigan’s Right to Work repeal. Earlier this month, Sault Ste. Marie Meijer employee Joseph Arnold hit his employer with federal charges for compelling him to sign a United Food and Commercial Workers (UFCW) union membership form. In Milford, Kroger employee Roger Cornett levied federal charges against both a UFCW local and the store for jointly enforcing a scheme that forces employees to contribute to the union’s Political Action Committee (PAC) to stay employed. James Reamsma, a Grand Rapids-area security guard, is defending a “deauthorization vote” by security guards across Western Michigan to end the forced-dues power of a United Government Security Officers of America (UGSOA) union.

“The Michigan Legislature’s cynical and partisan repeal of Right to Work was a blatant power grab for union bosses across the state at the expense of workers’ right to freely decide whether union bosses have earned their financial support,” commented National Right to Work Foundation President Mark Mix. “As Ms. Dennis’ case and an increasing number of cases from around the state show, union bosses often seek to circumvent or flat out ignore workers’ free association rights, which is why those freedoms deserve stronger and not weaker protections.”

“Perhaps more unsettling is the fact that some of these cases involve union officials illegally funneling worker money into union politics – the same political machine that led to the demise of these workers’ free choice under Right to Work,” Mix added.

6 Jun 2024

Workers at Americold Logistics Win Campaign to Remove Teamsters Union from Workplace

Posted in News Releases

Facing imminent workers’ vote in a decertification election, Teamsters Local 695 officials end forced “representation”

Darien, WI (June 6, 2024) – Employees at Americold Logistics in Darien, Wisconsin have won their freedom from Teamsters Local 695. Americold Logistics employee, Leo Garcia, originally filed a petition on behalf of a majority of workers at the facility seeking a vote to remove the Teamsters from their workplace. The decertification petition was filed with free legal aid from the National Right to Work Legal Defense Foundation.

Garcia filed the petition on May 16 with the NLRB, the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Garcia’s petition contained support from a majority of employees, which is more than is required to trigger a decertification vote under NLRB rules.

When it became clear that the election would be scheduled, Teamsters Local 695 disclaimed recognition on May 23, 2024, stating in an email to the employer that the union “unequivocally disclaims its interest in representing and collectively bargaining for the unit at Americold in Darien, Wisconsin…that this will end processing of the Petition.” On May 24, NLRB Region 18 acknowledged the union disclaiming recognition, meaning no election would be needed since the workers’ desired result – the removal of the union – had already been accomplished.

Because Wisconsin is a state with Right to Work protections, union officials can’t force employees like those at Americold Logistics to join the union or pay union dues as a condition of getting or keeping a job. In contrast, non-Right to Work states like neighboring Illinois and Minnesota let union officials push for terms with employers that compel workers to pay dues as a condition of employment.

But even in Right to Work states, federal law grants union officials the power to impose their “representation” on all workers in a unit, even those who oppose the union or voted against its presence. However, workers can choose to exercise their right to decertify a union they disapprove of.

Until the union disclaimed representation, the workers’ were subjected to a one-size-fits-all union monopoly contract. Under the NLRB-created “contract bar” policy, workers cannot get a decertification vote for up to three years as long as a union monopoly bargaining agreement is in place. However, at Americold, the union contract was five years long and had already been in effect for over three years.

“Having already been subjected to Teamsters’ bosses so-called ‘representation’ and monopoly contract for years, these workers had more than enough information to decide they would be better off without the union, and apparently Teamsters officials knew it too since as soon as the vote became inevitable they left rather than contest it,” said Foundation President Mark Mix. “While we are pleased these employees have succeeded in their effort to remove an unwanted union, cases like this show why the NLRB’s non-statutory contract bar policy should be eliminated entirely.”

“Workers shouldn’t be trapped under a union contract they oppose for three years until they can avail themselves of their clear right under federal law to petition for a vote to end union affiliation they oppose,” added Mix.

7 May 2024

Service Employees at Brown Motors in Petoskey, MI, Petition for Vote to Stop Paying Union Forced Fees

Posted in News Releases

Follows string of other legal actions by workers opposing forced payments to union bosses in wake of party-line Right to Work law repeal

Petoskey, MI (May 7, 2024) – Mechanics, parts department workers, and other auto service-related employees at Brown Motors, a Ford, Chrysler, Dodge, and Jeep dealer, are seeking a vote to end Teamsters union officials’ ability to demand payment of dues or fees as a condition of employment. Joseph Illes, a mechanic at Brown Motors, submitted a “deauthorization petition” to the National Labor Relations Board (NLRB) with free legal aid from the National Right to Work Foundation.

The NLRB is the federal agency responsible for administering and enforcing federal labor law. Under NLRB rules, upon receiving a petition from employees, the agency will hold a vote at a workplace on whether to remove the contract provision allowing a union to require dues or fees as a condition of employment.

According to the deauthorization petition, the requested election is sought for all “regular full and part-time parts department employees, mechanics, lubemen, porters and wash rack employees” at Brown Motors.

MI Legislators’ Repeal of Right to Work Continues to Receive Backlash from Workers

Michigan legislators’ party-line repeal of Michigan’s popular Right to Work law became effective in February. This change permits union officials to and enforce requirements that force workers to pay dues or fees to the union. In a non-Right to Work state, employees’ only options to prevent their money from going toward a union agenda they oppose is to petition for a deauthorization vote (as Illes and his coworkers have), or to kick the union out of their workplace completely through a decertification vote, which involves a similar process to deauthorization.

Michigan’s Right to Work law, which took effect in 2013, made union dues payment strictly voluntary for all Michigan workers. Those employees who wished to support the union at their workplace were free to join and pay union dues. Employees who chose to not join the union were not required to pay the union anything to keep their jobs.

The Michigan Legislature voted to repeal the Right to Work Law in March 2023, and Gov. Gretchen Whitmer signed it that same month, despite polling showing that 70% of Michigan voters wanted the law to remain in place.

Since the repeal, Foundation staff attorneys have aided several Great Lakes State workers who are seeking freedom from union dues demands, including security guard James Reamsma and his coworkers who are posted at government buildings across Western Michigan. Reamsma and his colleagues also petitioned for a “deauthorization vote” to stop forced-dues demands from United Government Security Officers of America (UGSOA) union officials, with Reamsma expressing that in the wake of the Right to Work repeal “UGSOA union officials have threatened to have everyone who does not join the union fired.”

Foundation attorneys also represent Roger Cornett, a Detroit-area Kroger employee who faced post-repeal threats from his employer that he would be terminated if he did not join the United Food and Commercial Workers (UFCW) union at the store and fund the union’s Political Action Committee (PAC). Both demands are forbidden by federal law, even in a non-Right to Work environment.

“Mr. Illes and his coworkers at Brown Motors in Petoskey are just the latest example that Michigan’s Right to Work repeal does real harm to the freedom of workers across the state,” commented National Right to Work Foundation President Mark Mix. “Workers shouldn’t have to slog through the NLRB’s deauthorization process simply to stop paying fees to a union they don’t support.”

21 Feb 2024

Teamsters Officials Facing Federal Prosecution for Threats of Violence Against Long Beach Savage Services Employee

Posted in News Releases

Worker hit union with federal charges last year for threats of violence; latest legal action of many by employees against union

Long Beach, CA (February 21, 2024) – Following federal charges against the union from Savage Services employee Victor Avila, the National Labor Relations Board (NLRB) issued a complaint against the Teamsters Local 848 union. The complaint maintains that a union agent threatened employees with violence for not supporting the union. Avila is receiving free legal assistance from the National Right to Work Legal Defense Foundation.

After investigating and finding merit to an unfair labor practice charge, issuing a complaint is the next step in an NLRB prosecution of a union for violating federal labor law. Avila filed an unfair labor practice charge against Teamsters Local 848 in August 2023, which led to the current NLRB action. Avila maintained that Teamsters union officials violated the National Labor Relations Act (NLRA) by intimidating employees who dissented from the union.

Federal Labor Board Slams Teamsters with Complaint for Threats of Violence

On February 9, NLRB Region 21 in Los Angeles issued a complaint against Teamsters Local 848. The complaint maintains that the union, through an agent, had “threatened unit employees with physical violence for not supporting the Union.”

“By the conduct described above…Respondent has been restraining and coercing employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(b)(1)(A) of the Act,” the complaint says. Section 7 of the NLRA protects private sector workers’ right to refrain from union activities.

Long Beach Savage Services Employees Have Also Charged Union with Seizing Dues Money Illegally

NLRB Region 21’s complaint is the latest chapter in a long-running battle between Teamsters Local 848 union bosses and rank-and-file workers at the Long Beach Savage Services facility. Nelson Medina won a Foundation-backed settlement against the union in February 2022, which ordered Teamsters officials to pay back thousands of dollars in illegal dues they seized from about 60 of his coworkers who objected to union membership and to funding the union’s political activity.

This settlement stemmed from Medina’s unfair labor practice charges asserting that union bosses had instructed Savage Services management to fire Medina and 12 other employees if they did not complete forms authorizing full union membership and dues payment.

“Teamsters officials’ coercive and illegal behavior knows no bounds in Long Beach, where they have threatened workers with violence for expressing dissent from the union’s agenda,” stated National Right to Work Foundation President Mark Mix. “It’s good that Teamsters Local 848 is finally in the crosshairs of a federal prosecution. However, the years-long struggle by Savage Services workers against union officials’ blatant violations of labor law shows why California workers need more, not less, protection from union boss coercion.

“Californians and all American workers deserve the protections of Right to Work, which ensures union membership and dues payment are strictly voluntary,” Mix added.