Flight Attendant Receives Nearly $1,000,000 Following Ruling Against Airline and Union
Jury ruled TWU union and Southwest Airlines violated federal law in firing Charlene Carter; Fifth Circuit upheld ruling
Dallas, TX (April 28, 2026) – Following a victory at the Fifth Circuit Court of Appeals, Southwest Airlines flight attendant Charlene Carter has now received almost $1,000,000 in damages in her federal case against both Southwest and the Transport Workers Union (TWU). Her case charged both the union and airline with violating her rights by terminating her for expressing her personal and religious beliefs in opposition to TWU political activism. Carter has received free legal aid from National Right to Work Foundation staff attorneys in her nearly decade-long case.
Carter’s case began in 2017 when she sued both the union and airline in the Northern District Court of Texas for firing her in violation of both the federal Railway Labor Act (RLA) and Title VII of the Civil Rights Act. Through private communications, Carter had criticized the TWU Local 556 president for using union dues to send flight attendants to the 2017 “Women’s March” and also panned the union’s support for a host of divisive political positions. Title VII protects against religious discrimination in the workplace, while the RLA guards the right of workers in the air or rail industries to criticize union leadership.
Five years later, a jury found in Carter’s favor, awarding her a $5 million verdict. The District Court ordered Southwest (NYSE: LUV) and the union to give Carter the maximum amount of compensatory and punitive damages permitted under federal law, in addition to other forms of relief. The District Court also ordered that Carter be reinstated as a flight attendant at Southwest. On appeal, the Fifth Circuit affirmed the District Court’s finding that both Southwest and the union had discriminated against Carter based on her religious practice.
Now, a Satisfaction of Judgment filed with the District Court indicates that Carter was paid damages totaling $946,102.87 as her nine-year litigation comes to a close.
Southwest Attorneys May Still Be Held in Contempt
“Being a flight attendant is my livelihood and my passion, and union officials tried to manipulate company policy to upend my career simply because I spoke out about my most sincerely held beliefs,” commented Carter. “This case has been a long, hard fight, but I’ll never stop sticking up for what I know is right, and I hope that both my employer and TWU union bosses have learned that it doesn’t pay to stifle flight attendants’ freedom of religion and speech.”
The case continues at the District Court, however, with the court asking for briefs on whether a contempt order against Southwest is necessary and, if so, what form a contempt order should take. Contempt arose as an issue in Carter’s case after Southwest attorneys issued notices to flight attendants incorrectly informing them of the District Court’s holding that the company had discriminated against Carter on the basis of religion.
“Ms. Carter was courageous in standing up to protect her religious and personal beliefs from the schemes of radical union officials and a compliant employer. While she is finally receiving compensation for her struggle, no one should forget that federal law still forces workers to accept union ‘representation’ they oppose and, adding insult to injury, forces workers to pay unwanted unions,” commented National Right to Work Foundation President Mark Mix. “It is outrageous that, even though the court confirmed that the TWU union and Southwest violated Carter’s legal rights, Carter to this day is still forced to subsidize TWU union bosses or else be fired by Southwest. We hope Carter’s case will prompt a long-overdue conversation about how coercive union boss power infringes on the rights of millions of hardworking Americans.”
Find out more about Carter’s case here.
Majority of Dallas Penske Leasing Workers Request Vote to Remove Teamsters Local 745
In last year, several groups of Penske employees across the country have sought to escape coercive union control
Dallas, TX (December 2, 2025) – A majority of employees at Penske Truck Leasing’s facility in the Redbird neighborhood of Dallas are demanding a vote to remove Teamsters Local 745 union officials from power at their workplace. Penske employee Epifanio Hernandez submitted a union “decertification petition” backed by his colleagues to the National Labor Relations Board (NLRB) with 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, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions in workplaces. By law, the NLRB should administer a decertification election if an employee submits a petition in which at least 30% of his coworkers demand such an election. Hernandez’s decertification petition contained signatures from a majority of his coworkers, well exceeding that threshold.
Texas is a Right to Work state, meaning that Teamsters union officials cannot enforce union contracts that force Hernandez and his coworkers to pay union dues or fees to keep their jobs. In non-Right to Work states, union bosses can get workers fired for refusing to financially support union activities. However, in both Right to Work and non-Right to Work states, union officials can wield exclusive “representation” power over every employee in a workplace, unless the union is decertified.
“I support decertifying the Teamsters union because the union isn’t benefiting us the way it should,” commented Hernandez. “The union rules aren’t beneficial to everyone, and instead of helping us progress, they end up holding many of us back. We deserve the freedom to exercise our own rights, speak for ourselves, and make decisions that reflect what we actually want — not what the union decides for us.”
Texas Penske Workers Join Wider Opposition to Teamsters Officials & Other Union Bosses
In just the last year, Foundation staff attorneys have helped several groups of Penske employees around the country break free from unwanted union control. These have included Penske workers in Minneapolis and Nashville, who last year overwhelmingly voted to oust International Association of Machinists (IAM) union bosses. In December 2024, Philadelphia-area Penske Logistics workers also voted to remove Teamsters Local 500 union officials.
Teamsters union officials’ workplace actions and political activity have also come under increased worker scrutiny recently. During the 2024 election cycle, the union’s upper echelon chose not to endorse Donald Trump because he would not commit to eliminating Right to Work and granting forced-dues power to union bosses nationwide. Teamsters top officials’ prioritizing of their forced-dues powers comes despite polls showing nearly 80% of American union members support Right to Work and voluntary union dues.
Foundation staff attorneys have also noticed a marked rise in requests from workers seeking legal assistance in Teamsters decertification cases. Recent NLRB statistics also suggest no union faces more decertification petitions than the Teamsters.
“It seems that hardly a week goes by without Teamsters union officials showing how out-of-touch they are with the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “We’re proud to support the growing number of workers engaged in the transportation and trucking industries who are standing up for their interests in the workplace.”
Legal Notice Informs AA Flight Attendants of Rights Regarding APFA Union Dues Increase & Termination Threats Over Dues
Special Legal Notice informs American Airlines flight attendants of their legal rights, offers legal aid to those threatened by APFA union officials over dues
Dallas, TX (November 13, 2025) – The National Right to Work Legal Defense Foundation has released a special legal notice to tens of thousands of American Airlines flight attendants. The notice comes as officials of the Association of Professional Flight Attendants (APFA) have reportedly increased dues by nearly 50% while also having multiple American Airlines flight attendants terminated for non-payment, and threatened others with termination if they didn’t pay thousands in union dues.
The full notice is available here: https://www.nrtw.org/AAunion/.
The Foundation’s legal notice informs flights attendants of their rights, including that union membership is not compulsory and that flight attendants have a right to pay reduced fees to the union. The notice suggests American Airlines employees who have been terminated for not paying union dues, or who are being threatened with such termination, reach out to the Foundation so that a Foundation attorney can evaluate their situation and advise them of their rights and options.
“The situation raises real concerns for employees who have had or could have their livelihoods upended solely for failing to bankroll APFA union bosses’ increasingly costly expenditures,” the legal notice reads. “That is why workers faced with threats for not paying union dues frequently contact the National Right to Work Legal Defense Foundation to learn how to defend their rights and their livelihoods.”
The Foundation’s special legal notice highlights flight attendants’ right to resign their union membership, and provides guidance on best practices for doing so. Because flight attendants are subject to the Railway Labor Act, the notice also highlights their right to pay reduced union dues.
Finally, the notice provides helpful information for removing the union by using a decertification petition to obtain a National Mediation Board-administered secret ballot election.
Workers Can Receive Free Legal Aid and Avoid Illegal Union Retaliation
The National Right to Work Legal Defense Foundation is the nation’s premier organization exclusively dedicated to providing free legal assistance to employees victimized by forced-unionism abuse. The Foundation has a long history of defending workers against unlawful actions by union officials. Foundation staff attorneys have represented airline employees before, challenging union officials’ overreach and violations of workers’ constitutionally protected rights.
“We would like all American Airlines flight attendants to be aware of their federal labor rights and to know that the Foundation is a resource at their disposal to question and challenge the often misleading claims of union bosses who would like to keep workers in the dark,” commented National Right to Work Foundation President Mark Mix. “Forcing employees to pay tribute to a union boss or else be fired is just plain wrong, and the Foundation stands ready to assist those currently being targeted by dues-hungry APFA union bosses.”
Texas Workers at Multiple Workplaces Latest to Successfully Free Themselves from Unwanted Teamsters Union ‘Representation’
Dallas-based workers at two companies petitioned the NLRB for decertification elections to remove Teamsters Local 745 bosses
Dallas, TX (October 3, 2025) – Two successful union decertification efforts have freed workers from the control of International Brotherhood of Teamsters Local 745 Union bosses in Dallas, Texas. Both Dallas-based delivery drivers for Restaurant Technologies, Inc. and employees at FCC Environmental Services in Dallas filed decertification petitions at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA) and adjudicating disputes between employers, unions, and individual employees. When employees are dissatisfied with union officials and want to remove the union from their workplace, they may file a “decertification” petition with the NLRB.
Union bosses often try to block elections with charges of unfair labor practices, and vigorously campaign to keep workers under their control. In both of these cases, workers ultimately were able to remove the union.
Teamsters Local 745 Can’t Win Decertification Efforts
Local Teamsters officers tried to block a decertification election at FCC Environmental Services last year, filing numerous charges of unfair labor practices, but despite these stalling attempts, the employees were successful in their effort to remove the union. The union ultimately withdrew all of their objections but one, which the NLRB Regional Director dismissed as it had no bearing on the election itself in which a majority opposed union affiliation.
Meanwhile, Local 745 officials couldn’t even put up a fight against delivery drivers for Restaurant Technologies, Inc. After workers filed a decertification petition at the NLRB in April, a decertification election was set for September. Only three days before the election was scheduled to take place, union officials themselves decided not to contest it, and instead disclaimed any further interest in representing the employees, who are now free from their control.
Workers Fleeing Teamsters Union Nationwide
These successful decertification efforts are part of a larger trend across the country. For four years, the Foundation has seen increasing demand for assistance from groups of workers seeking votes to remove unions. This trend has disproportionately affected the Teamsters Union, as NLRB statistics for the past 12 months show that one of every five decertification cases involved the Teamsters union.
“More and more, American workers across the country are deciding they are better off without Teamsters union bosses who prioritize their own interests over that of the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “These successful decertification efforts demonstrate what happens when courageous and independent-minded workers assert their rights.”
“Union bosses often do not speak for the workers under their so-called ‘representation,’ and statistics show that over 90% of employees have never had a chance to vote on the union that purports to represent them,” Mix added. “That one in five decertification petitions filed last year involved the Teamsters only drives home the point that workers are increasingly rejecting the union’s coercive agenda.”
Austin Worker Files 5th Foundation-Backed Lawsuit Arguing NLRB Violates US Constitution
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Case joins others for employees nationwide arguing Labor Board’s structure is illegal
Dallas Mudd helps connect people with the social services they need, and his and many other workers’ ability to do their important work shouldn’t be stymied because unaccountable NLRB bureaucrats are forcing union “representation” on them.
AUSTIN, TX – In November, Dallas Mudd, an employee for online social service coordination platform Findhelp, filed a federal lawsuit against the National Labor Relations Board (NLRB) on the grounds that the agency’s structure is unconstitutional. Mudd’s case, filed in the U.S. District Court for the Northern District of Texas, is the latest in a series of legal actions by National Right to Work Foundation staff attorneys for employees challenging the NLRB’s authority.
Mudd’s case comes after he filed a decertification petition with the NLRB, seeking a vote to remove the Office & Professional Employees International Union (OPEIU) from his workplace. However, NLRB officials blocked the vote, disenfranchising Mudd and his colleagues on the basis of unproven charges union bosses made against Findhelp. Mudd appealed the decision to the full NLRB in Washington, D.C., while also filing a federal lawsuit to challenge NLRB members’ removal protections.
Shortly after the lawsuit was filed, Mudd’s Foundation attorney also asked the Northern District Court of Texas to issue a preliminary injunction stopping the NLRB from adjudicating his appeal until the issue of the NLRB’s constitutionality is resolved. Mudd argues that he is suffering ongoing and irreparable harm by being forced to navigate a statutory process before an agency that he claims is unconstitutionally structured.
Constitutional Challenge: A Broader Legal Campaign
Meanwhile, in its own case against the NLRB, Findhelp has successfully secured an injunction against the NLRB in a federal district court making arguments similar to those raised by Mudd.
Mudd’s lawsuit follows four other constitutional challenges backed by the National Right to Work Foundation, targeting the NLRB’s structure. This includes a case for New York Starbucks employees Ariana Cortes and Logan Karam, who filed the first constitutional challenge to NLRB Board Member protections.
Their case is currently being briefed at the D.C. Circuit Court of Appeals, but since their groundbreaking lawsuit, numerous major employers have utilized the arguments first made in federal court by Foundation staff attorneys to challenge the radically pro-union boss BidenHarris NLRB.
“Independent-minded workers should not be forced to depend on biased agencies staffed by bureaucrats who exercise power in violation of the Constitution,” said National Right to Work Foundation Vice President Patrick Semmens.
“The Constitution does not permit a powerful federal agency to operate as the judge, jury, and executioner without proper oversight.
“Contrary to the wishes of Big Labor bosses, federal labor law is not exempt from the requirements of the U.S. Constitution,” added Semmens.
Hundreds of Sunoco Logistics Drivers Across TX, OK, LA, and NM Free Themselves From Steelworkers Union
Majority of drivers across large work unit backed petition to send USW union bosses packing
Washington, DC (May 20, 2025) – Crude oil drivers for Sunoco Logistics Partners (also known as Energy Transfer) have successfully forced unpopular United Steelworkers (USW) union bosses out of their work unit. The victory for workers comes after Jay Fifer, a driver for the oil transportation company, gathered signatures from the majority of his coworkers on a petition demanding that Sunoco Logistics officials end their recognition of the USW union as the majority “representative” of the drivers.
The National Labor Relations Board (NLRB) acknowledged Sunoco Logistics’ withdrawal of recognition from the USW union on May 12. As the result of Fifer and his coworkers’ effort, over 420 drivers from around 30 Sunoco Logistics facilities across Texas, Oklahoma, Louisiana, and New Mexico are free of the union’s control.
“I’m glad that my coworkers and I were able to band together to force this Steelworkers union out,” commented Fifer. “The union was not a positive force in our workplace, and we are better off without it. I am lucky to live in the Right to Work state of Texas where I could at least choose to stop sending my money to this union while it was still in power, but unfortunately the same can’t be said for all of my fellow drivers.”
The NLRB is the agency charged with enforcing federal labor law in the private sector, which includes administering votes to install (or “certify”) and remove (or “decertify”) unions. Thanks to the 2019 Foundation-won Johnson Controls NLRB decision, workers who want to remove unwanted union officials can also do so by submitting a majority-backed petition asking their employer to stop recognizing the union. If there is a dispute about the petition, the NLRB can administer a secret-ballot vote to test the employees’ opposition to the union.
Fifer lives in Texas, a Right to Work state barring union bosses from enforcing contracts that require employees to pay dues or fees to union officials as a condition of keeping their jobs. Oklahoma and Louisiana are also Right to Work states, but Sunoco Logistics drivers in New Mexico do not have the benefit of Right to Work protections and can be forced to sacrifice part of their paychecks to union bosses or be fired. However, in both Right to Work and non-Right to Work states, federal law lets union officials impose their monopoly “representation” on all workers in a work unit, regardless of whether they support the union or not.
Rank-and-File Oil Truck Drivers Gathered Hundreds of Signatures in Favor of Removing USW
Fifer’s effort to remove the USW union kicked off when he began collecting signatures on a petition asking the NLRB to administer a union removal (or “decertification”) vote at his workplace. Fifer easily met the 30% signature threshold needed to trigger such an election under NLRB rules. However, soon after the NLRB scheduled a decertification vote to take place over a range of dates in May, Fifer’s petition gained even more traction and soon garnered support from a majority of the work unit.
Fifer opted to submit his petition to his employer, who withdrew recognition from the USW union in accordance with the Johnson Controls decision. USW union officials are now stripped of their monopoly bargaining power and can no longer enforce bargaining obligations against Sunoco Logistics.
Foundation staff attorneys have helped several groups of workers exercise their right to remove unwanted USW unions within the last few years, including healthcare workers in Minnesota, metal workers in Pennsylvania, chemical employees in Louisiana, building products employees in New Jersey, and more. Across the country, workers’ desire to exercise their right to vote out unpopular union bosses is increasing: Worker-filed petitions seeking union decertification votes are up more than 50% from 2020, according to NLRB data.
“Rank-and-file workers across the country like Mr. Fifer and his fellow drivers don’t enjoy the same structural and legal advantages that union officials do under American labor law. That makes it all the more impressive that he and his colleagues were able to gather signatures across a huge work unit and break free of the Steelworkers union’s control,” commented National Right to Work Foundation President Mark Mix. “American workers’ increasing interest in escaping union ‘representation’ should serve as a reminder to the Trump Administration that it should pursue labor policy that enhances workers’ freedom to escape unwanted union affiliation.”
Energy Transfer Drivers Across Texas, Oklahoma, and Louisiana Demand Vote to Remove Steelworkers Union From Power
Hundreds of employees of oil and gas transportation company could be free from union’s grip if vote goes forward
Washington, DC (April 21, 2025) – Drivers for Energy Transfer, an oil and gas transportation company with nearly 30 facilities across Texas, Oklahoma, and Louisiana, are petitioning a federal labor board for a vote to end United Steelworkers (USW) union officials’ bargaining control over their work unit.
Driver Jay Fifer, who is based at Energy Transfer’s workplace in Hearne, TX (near College Station, TX), submitted the petition to the National Labor Relations Board (NLRB) this week with free legal aid from the National Right to Work Legal Defense Foundation. If Fifer and his coworkers’ requested vote is successful, over 420 Energy Transfer drivers will be free of USW union officials’ control.
The NLRB is the agency charged with enforcing federal labor law in the private sector, which includes administering votes to install (or “certify”) and remove (or “decertify”) unions. Fifer’s petition contains signatures from his coworkers well in excess of the percentage required by the NLRB to trigger a union decertification vote within his work unit. The NLRB will now review Fifer’s petition.
Right to Work laws in Texas, Oklahoma, and Louisiana prohibit USW union officials from enforcing contracts that require Energy Transfer drivers to pay union dues or fees just to get or keep a job. In contrast, in non-Right to Work states, union officials can force workers to pay dues or fees on pain of termination. However, in both Right to Work and non-Right to Work jurisdictions, USW union officials can still impose monopoly bargaining contracts over every employee in a work unit, whether or not they voted for or support the union. As Fifer’s case demonstrates, union-controlled work units can often span hundreds of workers in different cities or even across state lines.
“Support among us drivers for this Steelworkers union is very low where I work. My colleagues at other locations have said similar things as well. It’s not fair for Steelworkers officials to dictate major things about our work lives when very few drivers at all are union members,” commented Fifer. “I filed this petition because I firmly believe that the overwhelming majority of my coworkers don’t think this union represents us, and we hope the NLRB lets us exercise that right without any delays.”
Workers Across Country Increasingly Seeking Exit from Union Control
Foundation staff attorneys have helped several groups of workers oust unwanted USW unions within the last few years, including healthcare workers in Minnesota, metal workers in Pennsylvania, chemical employees in Louisiana, building products employees in New Jersey, and more. Across the country, workers’ desire to exercise their right to vote out unpopular union bosses is increasing: Worker-filed petitions seeking union decertification votes are up more than 50% from 2020, according to NLRB data.
“American workers should not have to accept the ‘representation’ of a union that lacks worker support in the workplace, and more and more workers are standing up to free themselves,” commented National Right to Work Foundation President Mark Mix. “That’s why it’s important that they be able to freely exercise their right to vote to remove a union, a right that unfortunately was consistently under attack under the previous Administration’s National Labor Relations Board.
“As President Trump seeks new appointees for the NLRB, he should remember that workers all over the country like Mr. Fifer and his colleagues believe they are better off free from union influence, and those workers deserve to have their voices and will respected,” Mix added.
AT&T Workers Nationwide Win Challenges to Unionization Imposed Through Card Check
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, November/December 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Victories by AT&T workers in five states preceded Biden-Harris NLRB rule change to block secret ballot votes
See You, CWA: Marquita Jones (left), Samantha Cain (middle), and Matthew Gonzalez rallied their fellow AT&T workers to escape unwanted CWA unions.
WASHINGTON, DC – While the Biden-Harris National Labor Relations Board (NLRB) sought to upend NLRB rules designed to protect workers’ ability to vote out unwanted unions, AT&T workers across the country won a series of victories highlighting the importance of allowing workers to challenge coercive union card check unionization with secret ballot votes. The decertification victories all relied on the National Right to Work Foundation-backed 2020 NLRB “Election Protection Rule” (EPR), which was formally eliminated by the Biden-Harris Labor Board in September.
In five separate cases covering well over 1,000 workers, AT&T Mobility employees have successfully overturned Communications Workers of America (CWA) unionization imposed through the notorious “card check” process.
Under card check, union organizers bypass the secret ballot election process and instead collect cards face-to-face from employees that are then counted as “votes” for the union. Without the privacy of a secret ballot vote, many workers report being pressured, bullied, or threatened into signing, which is among the reasons why card check has long been recognized as inherently unreliable and abuse-prone.
Foundation-Backed 2020 Rule Let Over 1,000 AT&T Workers Nix Union Card Checks
The 2020 Election Protection Rule reformed several rules that union officials manipulate to trap workers under monopoly “representation,” including by giving employees a way to challenge card check unionization with a secret ballot election. Foundation staff attorneys assisted AT&T employees in five states to do that in advance of the Biden-Harris Labor Board’s cynical repeal of the rule.
First, in Tennessee, AT&T employee Denis Hodzic filed a petition signed by two-thirds of his coworkers in the unit seeking a secret-ballot vote to remove the CWA union, after CWA agents installed themselves over 100 AT&T In-Home Experts by card check. Initially CWA union officials argued the election should be permanently blocked because the union had already merged the workers into a larger bargaining unit with thousands of other AT&T workers.
CWA Bosses Capitulated to AT&T Workers
However, citing the Election Protection Rule, which gives workers at least 45 days to challenge a card check with a decertification petition, Foundation staff attorneys were able to win a ruling with the NLRB allowing the vote to proceed. At that point CWA officials chose not to even contest the vote, instead filing paperwork with the NLRB freeing the employees from CWA ranks apparently to avoid an overwhelming final vote against the union.
“The Election Protection Rule was essential for us to rely on as we went through the process of seeking resolution to our tricky situation,” Hodzic said of his situation. “The 45-day petition window needs to remain regardless of which group holds the majority position in Washington.”
Since then, with legal aid, around 1,000 additional AT&T Mobility employees in California, Louisiana, Mississippi, and Texas have all also successfully removed the CWA union following installation through card check. In all four states, once the decertification vote became inevitable, CWA officials simply conceded defeat rather than wait for the results of a formal decertification vote.
NLRB Repeal of Election Protection Rule Traps Workers in Union Ranks
Despite these efforts from independent-minded employees, the Biden-Harris NLRB formally repealed the Election Protection Rule in September, dramatically expanding union bosses’ ability to block employee-requested decertification votes.
As a result, now, when workers in Hodzic’s situation attempt to challenge a card check with a secret ballot decertification, the NLRB will automatically block their vote for up to one year after a card check, which opens the door to countless other union delay tactics.
“If these AT&T employees had filed their five decertification petitions after September 30th, they would have been trapped in a union they oppose for years and likely forever,” commented National Right to Work Foundation Vice President Patrick Semmens.
“This is yet another example of the Biden-Harris NLRB steamrolling the rights of independent-minded employees, so union bosses can expand their forced dues ranks. “Despite this setback for employee freedom, Foundation staff attorneys remain committed to helping workers trapped in union ranks they oppose,” added Semmens. “That includes helping them navigate the increasingly rigged NLRB system.”
Austin Worker Files Federal Constitutional Challenge Against Biden-Harris Labor Board
National Labor Relations Board facing numerous worker-brought lawsuits citing unconstitutional structure
Fort Worth, TX (November 2, 2024) – Dallas Mudd, an employee of Aunt Bertha (d/b/a FindHelp), has launched a federal lawsuit against the National Labor Relations Board (NLRB) on the grounds that the agency’s structure violates the U.S. Constitution. National Right to Work Legal Defense Foundation staff attorneys representing Mudd filed the suit in the U.S. District Court for the Northern District of Texas. The lawsuit joins a string of cases challenging the NLRB’s structure on separation of powers principles.
Mudd’s case comes on the heels of his own employer’s suit against the NLRB. In that case, a federal district court judge ruled in favor of FindHelp and granted an injunction to halt proceedings against the company.
Mudd filed a decertificiation petition with the NLRB back in September, requesting a vote to remove the Office & Professional Employees International Union (OPEIU) from his workplace. Instead of allowing the vote to proceed, NLRB officials blocked the election, leaving the workers indefinitely trapped in a union they oppose. Mudd is appealing that decision to the full Board in Washington DC.
Mudd’s federal lawsuit argues he is entitled to have his appeal adjudicated before a federal agency that is accountable to the president. The case joins four other constitutional challenges to the NLRB’s structure from Foundation-backed rank-and-file workers, including the first-ever such lawsuit challenging NLRB Board Member removal protections, which is currently being briefed at the DC Circuit Court of Appeals by Foundation attorneys representing Buffalo, NY-based Starbucks employees Ariana Cortes and Logan Karam.
Mudd’s lawsuit points to recent Supreme Court rulings, including Seila Law LLC v. CFPB and Collins v. Yellen, which emphasized that the President has direct authority to remove executive officials who exercise significant authority. Mudd argues that the NLRB’s structure, as defined by the National Labor Relations Act (NLRA), places unlawful limitations on the president’s power to oust NLRB officials who exercise significant executive authority.
The complaint, filed in the U.S. District Court for the Northern District of Texas, joins a similar suit at the same court from Reed Busler. Similar to Mudd, Busler, a Starbucks employee, filed a petition asking the NLRB to hold a vote to remove the incumbent Starbucks Workers United (SBWU) union, only to have the vote blocked by NLRB officials. In all the cases the employees argue they are entitled to have their cases heard by Board officials who are not exercising powers in violation of the Constitution.
“Independent-minded workers should not be forced to depend on biased agencies staffed by bureaucrats, that exercise power in violation of the Constitution, just to free themselves of unwanted union affiliation,” said National Right to Work Foundation President Mark Mix. “The Constitution does not permit a powerful federal agency to operate as the judge, jury, and executioner without oversight, and these legal challenges seek to ensure that the Labor Board functions within the law, for the sake of all workers.”
Hundreds of AT&T Employees Across California and Texas Petition for Votes to Remove Union Installed Through Coercive “Card Check”
Union bosses bypassed secret ballot election with abuse-prone process, but hundreds of workers in each unit now back election to remove union
Texas & California (August 1, 2024) – Hundreds of In-Home Experts from AT&T Mobility locations across Texas and California have just signed onto petitions seeking elections to remove Communications Workers of America (CWA) union officials from power over their workplaces.
Matthew Gonzales, an In-Home Expert for AT&T Mobility, filed a “union decertification petition” with the National Labor Relations Board (NLRB) on behalf of his coworkers across 13 AT&T Mobility locations in Southern California. Samantha Cain, a Texas-based In-Home Expert, did the same for her colleagues across at least eight locations in Eastern and Southern Texas. Both Gonzales and Cain received free legal aid from National Right to Work Foundation staff attorneys in filing the petitions.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering votes to certify and decertify unions. Gonzales and Cain each collected employee signatures on their respective petitions far exceeding the 30% threshold needed to trigger a decertification vote under NLRB rules. Both filed the decertification petitions in July in order to challenge so-called “card check” unionization campaigns that CWA union bosses foisted on their coworkers.
Under card check, union officials can bypass the secret ballot election process, which is the most secure and reliable way to determine if employees want to unionize. During a card check drive, union officials can make face-to-face demands of employees as they seek to collect union authorization cards from a majority of the workplace. This makes the process a breeding ground for coercive and intimidating tactics.
Because Texas has Right to Work protections, union officials can’t force private sector workers like Cain and her coworkers to join or pay money to a union as a condition of getting or keeping a job. That isn’t the case in California. The state’s lack of a Right to Work law lets union officials demand that workers pay union dues or fees just to stay employed. However, in both states, union officials in a unionized workplace enjoy monopoly bargaining privileges, which allow them to contract and speak for every worker in the unit – even those that voted against the union or otherwise oppose its presence.
If the AT&T Mobility In-Home Experts win both decertification elections, well over 800 workers will be free from CWA union officials’ monopoly bargaining power. They will join over 100 In-Home Experts from across Tennessee, who successfully challenged a card check in a similar effort against CWA officials in March. In all three efforts, CWA union officials have tried to “merge” units of AT&T In-Home Experts into a larger unit comprised of thousands of employees, which would effectively trap workers in the union because petitioning for a decertification vote in such a large unit would be virtually impossible.
Biden-Harris NLRB Will Soon Block Workers from Challenging Dubious Union “Card Check” Drives
CWA union officials have already used their card check “victory” to claim monopoly bargaining power over both the California In-Home Experts and Texas In-Home Experts. However, Foundation-backed 2020 reforms to the NLRB’s election rules give both sets of workers an opportunity to challenge the CWA union’s ascent to power.
Collectively referred to as the “Election Protection Rule,” the reforms permit employees to submit decertification petitions within a 45-day window after the finalization of a card check. The Election Protection Rule also prevents union officials from manipulating charges they file alleging employer misconduct to block workers from casting ballots in a decertification election, among other things.
Unfortunately, the Biden-Harris NLRB in Washington, DC, issued a final rule last Friday that will undo the Election Protection Rule and make it much harder for rank-and-file workers to exercise their right to vote out union officials they oppose. While the rule change will not take effect in time to stop the AT&T Mobility employees from having the decertification votes they requested, it will likely quash or substantially delay similar efforts in the future.
“If Ms. Cain and Mr. Gonzales had filed their decertification petitions just a few weeks later, hundreds of AT&T Mobility workers across Texas and California would be summarily denied their right to vote out union officials who seized power over them in a hasty and coercive manner,” commented National Right to Work Foundation President Mark Mix. “This is yet another example of the Biden-Harris Administration’s effort to heap legal privileges on its union boss political allies, all at the expense of workers who just want to exercise their free choice when it comes to deciding who should speak for them in the workplace.
“American workers don’t deserve to be stripped of this freedom, and those who are prevented from voting out unwanted union bosses due to this cynical rule change should not hesitate to contact the Foundation to explore their legal options,” Mix added.
