Philly-Area Dometic Employees Slam UAW Union with Federal Charges for Illegal Threats Linked to Strike
Union steward threatened to fine and terminate any employee who chose to work during strike, seized money illegally from workers
Philadelphia, PA (March 11, 2024) – Seven employees of auto accessory manufacturer Dometic’s Philadelphia-area factory have filed federal charges against the United Auto Workers (UAW) Local 644 union, maintaining that union officials ignored their requests to resign union membership during a strike, and are now unlawfully imposing internal union discipline on them. The workers, Nancy Powelson, Eric Angell, Joseph Buchak, Mario Coccie, Md Rasidul Islam, James Nold, and Robert Haldeman, filed their charges at National Labor Relations Board (NLRB) Region 4 with free legal aid from the National Right to Work Legal Defense Foundation.
The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA), the federal law that governs private sector labor relations in the United States. Under the NLRA, American private sector workers have a right to refrain from union activity, and the U.S. Supreme Court recognized in General Motors v. NLRB the right of employees to resign union membership during a strike.
All seven workers report in their unfair labor practice charges that a union steward told each of them during a September 8, 2023, meeting that a strike would begin the following week and any employee who crossed the picket line during the strike would be subject to internal union charges, fined, and ultimately terminated.
In October, each of the seven employees exercised their right to resign union membership, and returned to work shortly after doing so. However, on December 10, 2023, UAW union officials notified each worker that the union had started proceedings against them and their presence would soon be required at an internal union trial.
“The Union’s act of summoning Charging Party to attend an internal Union trial for post-resignation conduct interferes, restrains and coerces Charging Party in the exercise of…[NLRA] Section 7 rights, in violation of Teamsters Local 492 (United Parcel Service)…and Section 8(b)(1),” the employees’ charges explain.
After Threatening Illegal Discipline, Union Bosses Seized Money Illegally from Workers
According to the employees’ charges, UAW union bosses’ illegal behavior continued into the new year. Between October 2023 and January 2024, each worker invoked their right under the Foundation-won CWA v. Beck Supreme Court decision, asking the UAW to reduce their dues payments to only the amount that the union claims goes toward bargaining.
Because Pennsylvania lacks Right to Work protections for its private sector employees, union officials can impose contracts that force workers who have refrained from formal union membership to pay fees to the union as a condition of employment. However, as per Beck, this fee must exclude any money that funds a union’s political or lobbying activities, and can only include bargaining-related expenses. Beck also requires union officials to provide financial disclosures to workers who send a Beck notice.
Each charge states that “the [u]nion failed to respond or provide the required [Beck] financial disclosures for itself and its affiliated unions,” which is a violation of the NLRA.
UAW Union Officials Seek to Expand Power Despite Controversies
“The UAW is a repeat offender when it comes to union officials prioritizing their own power over the freedoms and well-being of workers,” commented National Right to Work Foundation President Mark Mix. “While we’re happy to help these Pennsylvania employees of Dometic, it’s likely the case that many more workers under UAW control across the country face similar illegal threats and rights violations.
“The UAW, which was also entangled in a years-long federal probe for embezzling workers’ money as recently as 2022, is currently spending millions to attempt to expand their monopoly bargaining power over additional workers,” Mix added. “Workers targeted by UAW officials for unionization have plenty of reasons to be skeptical of the union hierarchy’s motives and should seek Foundation aid in learning about and defending their rights.”
National Right to Work Foundation Issues Notice to VW Chattanooga Employees: UAW Officials May Try to Grab Power Without Vote
Notice informs VW Team Members of their rights in light of threat posed by new NLRB rule for bypassing or overturning a secret ballot election
Chattanooga, TN (February 9, 2024) – The National Right to Work Legal Defense Foundation has released a special legal notice to thousands of autoworkers at Volkswagen’s production plant in Chattanooga, TN. The notice comes as officials of the United Auto Workers (UAW) union are making their third attempt to unionize the facility, despite workers voting down the union in both 2014 and 2019. The full notice is available at https://www.nrtw.org/vw/.
The Foundation’s legal notice informs autoworkers that, due to the National Labor Relations Board’s (NLRB) recent decision in Cemex Construction Materials Pacific, UAW officials can impose the union’s monopoly representation on employees through the so-called “card check” process and bypass the NLRB’s traditional secret ballot vote procedure. A card check drive lacks the security of a secret ballot vote and allows union officials to extract union authorization cards directly from workers, often through misleading or coercive tactics.
“Employees unionized under a card check are not allowed to vote on union representation in a secret-ballot election,” the notice reads. “However, prior to Cemex, employers could refuse to impose union representation on their workers based on a card check. That is why, in the past, Volkswagen employees were allowed to vote on (and reject) UAW representation.”
Union Could Skip Election Entirely or Nullify Unfavorable Election with “Authorization Cards”
The notice explains that Cemex upends the union election process. Now, if UAW union officials claim they have collected authorization cards from the majority of workers in the unit (news reports indicate UAW officials are already claiming this) the union can be granted bargaining power over every worker at the plant without a secret ballot election.
While VW management could request a secret ballot vote in such a circumstance, the NLRB doesn’t have to grant that request. Under the new Cemex standard, it is shockingly easy for the UAW to prompt the NLRB to cancel a vote, or alternatively, to overturn an employee election that doesn’t go in the union’s favor.
As the notice points out: “The UAW is already laying the groundwork for cancelling or nullifying a secret ballot election by filing unfair labor practice charges against Volkswagen.”
Foundation Notice: VW Workers Must Be Vigilant Against Underhanded UAW Tactics
“Volkswagen employees who do not want to be subject to UAW representation must be vigilant about their rights,” the notice reads. “If the UAW can collect authorization cards from a bare majority of Volkswagen workers, the UAW can impose itself on Volkswagen employees quickly and without them being able to vote on whether they actually want union representation.”
The notice reminds Volkswagen workers that they have the right not to sign a union authorization card, and a right to revoke authorization cards they’ve signed. It also advises workers of their right to campaign against the union and to circulate petitions against union representation.
Finally, the notice informs employees that they can contact National Right to Work Foundation staff attorneys for more information on their rights or for free legal aid in exercising them. The Foundation extends this help to workers especially if they are threatened or forced to accept unwanted union representation, or if they witness union agents misleading or coercing employees to sign union authorization cards.
In 2013, Foundation attorneys represented eight VW Chattanooga employees. The workers filed charges against the UAW for collecting cards using coercive and misleading tactics, and Foundation attorneys later defended the workers’ vote to reject the UAW after union officials sought to challenge the results of the 2014 vote.
“UAW union officials have returned to VW Chattanooga and appear to be laying the groundwork to bypass a secret ballot vote like the ones union officials lost during previous unionization attempts at the plant,” commented National Right to Work Foundation President Mark Mix. “The new NLRB Cemex card check unionization scheme is untested in federal court, but it appears that UAW officials may seek to make VW Chattanooga workers a ‘guinea pig’ for testing if union officials and NLRB partisans can impose the union on workers without a secret ballot vote.”
“If the UAW is to be believed, UAW officials already secured a sufficient number of union authorization cards to formally ask the NLRB to hold a secret ballot election at VW Chattanooga,” Mix continued. “So VW team members need to understand that additional cards are not needed to request an election, but can be used to bypass a secret ballot vote like the ones held in 2014 and 2019.”
Philly Public Defender Beats Illegal UAW Dues Deduction Scheme
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.
UAW boss threatened to reduce workers’ wages for not signing dues card
Philly Public Defender Brunilda Vargas surely didn’t feel “represented” by UAW bosses when they sought to reduce her and her colleagues’ pay just for not signing dues cards. Mark Mix expressed the outrageousness of this scheme to The Philadelphia Inquirer.
PHILADELPHIA, PA – Brunilda Vargas, a public defender for the City of Philadelphia, staunchly objected when United Auto Workers (UAW) Local 5502 union bosses sought to gain power over her and her colleagues at the Defender Association of Philadelphia.
After UAW union officials were installed in her workplace, things only got worse for her. A UAW union official threatened Vargas and her coworkers that, if they didn’t sign cards authorizing the direct deduction of union dues from their paychecks, their wages would be reduced. This threat was a blatant violation of federal law.
Vargas challenged UAW officials’ illegal demands with free legal aid from the National Right to Work Legal Defense Foundation. Union bosses quickly backed down, and in June entered into a settlement approved by National Labor Relations Board (NLRB) Region 4 which fully vindicates Vargas’ and her coworkers’ rights.
Public Defender Hits UAW with Federal Charges Following Intimidation
On April 18, 2023, Vargas filed her federal unfair labor practice charge with NLRB Region 4 for the threats made against her and her colleagues at the Defender Association of Philadelphia. UAW officials issued these threats against public defenders who chose not to sign automatic dues deduction authorization forms.
Even though Vargas works in the non-Right to Work state of Pennsylvania and can be forced to pay some union dues as a condition of employment, federal law prohibits forcing workers to authorize automatic dues deductions from their paychecks. Had Vargas lived in a Right to Work state, not only would she have the right to refrain from automatic dues deductions from her paycheck, but she could also refrain from financially supporting the union altogether. In Right to Work states, workers are fully protected from mandatory union membership and financial support, both of which must be completely voluntary.
Settlement Forces Union Bosses to Fully Abandon Illegal Threats
Now, pursuant to settlements, the UAW must email and post notices informing workers that the union will not work with the workers’ employer to reduce wages of nonmembers that do not sign automatic dues deductions forms. The union must also not suggest failure to sign a dues deduction card could lead to a worker’s termination. Finally, the union must not coerce or restrain individuals from expressing their rights under Section 7 of the National Labor Relations Act.
“[UAW] will not threaten objecting non-members that we will notify the Employer it can seek refunds of their contractual salary increases if they do not sign a dues deduction authorization form. Neither employees nor members are legally required to execute a dues deduction authorization form,” the notice reads.
“While we are happy that we were able to help Vargas and her coworkers fight UAW misconduct, this instance is but the tip of the iceberg when it comes to UAW malfeasance,” commented National Right to Work Foundation Vice President Patrick Semmens. “The recent federal probe into UAW officials stealing and misusing workers’ money has sent multiple top UAW bosses to jail, and uncovered a shocking culture of contempt for workers’ rights.”
“Fortunately, the numerous victims of UAW boss abuses need not fight alone,” continued Semmens. “They have an ally in the National Right to Work Foundation.”
Philadelphia Public Defender Wins Case Against UAW for Illegal Union Dues Deduction Scheme
Union officials settles to avoid NLRB prosecution after threatening workers to reduce wages
Philadelphia, PA (June 19, 2023) – To avoid a federal prosecution for illegal threats against workers, including to reduce the wages of workers who didn’t sign union dues deduction cards, United Autoworkers (UAW) Local 5502 union officials backed down and entered into an NLRB settlement. This settlement is a full victory for Philadelphia public defender Brunilda Vargas, who filed a federal unfair labor practice charge against the union with free legal aid from the National Right to Work Legal Defense Foundation.
On April 18, 2023, Brunilda Vargas filed her federal unfair labor practice charge with the National Labor Relations Board Region 4 (NLRB) for the threats made against her and her colleagues at the Defender Association of Philadelphia. These threats came from a UAW union official against public defenders who chose not to sign automatic dues deduction authorization forms.
Because private sector workers in Pennsylvania lack the protection of a state Right to Work law, some union fees can be required as a condition of employment. However, employees can never be required to authorize automatic dues deductions from their paychecks under long-established federal law.
Now, pursuant to settlements, UAW must email and post notices informing workers that the UAW union will not be working with the employer to reduce wages of non-members that do not sign automatic deductions forms, will not suggest that not signing a dues deduction could lead to their termination, or further coerce or restrain individuals from expressing their rights under Section 7 of the National Labor Relations Act.
The notice reads, “[UAW] will not threaten objecting non-members that we will notify the Employer it can seek refunds of their contractual salary increases if they do not sign a dues deduction authorization form. Neither employees nor members are legally required to execute a dues deduction authorization form.”
Had Vargas lived in a Right to Work state, not only would she have the right to refrain from automatic dues deductions from her paycheck, but she could also refrain from financially supporting the union altogether. In Right to Work states, workers are fully-protected from mandatory union membership and financial support, both of which must be completely voluntary.
“While we are happy that we were able to assist Vargas and her coworkers fight UAW misconduct, this instance is but the tip of the iceberg when it comes to UAW malfeasance,” commented Mark Mix, President of the National Right to Work Legal Defense Foundation. “The recent federal probe into UAW officials stealing and misusing workers’ money has sent multiple top UAW bosses to jail, and uncovered a shocking culture of contempt for workers’ rights.”
“The Foundation fields hundreds of cases each year. assisting individual workers in fighting back against union corruption. Workers under UAW unions should know that the Foundation is here to assist them in protecting and enforcing their rights in the workplace,” continued Mix.
National Right to Work Foundation Issues Special Legal Notice to Employees of Big Three Automakers as UAW Brass Orders Strike
Foundation notifies employees that those wishing to continue working during a strike should resign their memberships before returning to work
Detroit, MI (September 12, 2023) – The National Right to Work Legal Defense Foundation has released a special legal notice to the thousands of autoworkers who may be impacted if United Auto Workers (UAW) union officials issue a strike order this week. UAW President Shawn Fain has threatened to order workers from Ford, General Motors, and Stellantis – the “Big 3” unionized American automakers – off the job if new contracts aren’t struck by Thursday, September 14.
The Foundation’s legal notice informs autoworkers of their rights, including their right to rebuff the strike order and to keep working to support their families as the strike is ongoing. The notice discusses why workers across the country frequently turn to the National Right to Work Foundation for free legal aid in such situations.
“This situation raises serious concerns for autoworkers who may believe there is much to lose from a strike and who do not want to abandon their jobs,” the notice reads. “Autoworkers have the legal right to rebuff union officials’ strike demands, but it is important for them to know their rights before they do so.”
The full notice is available at https://www.nrtw.org/uaw/.
The notice outlines the process that autoworkers should follow if they want to exercise their right to return to work during the strike and avoid punishment by union bosses, complete with sample union membership resignation letters. The notice reminds workers that UAW union officials have no disciplinary power over workers who are not union members, and advises employees who wish to work during a strike to resign their memberships at least one day before returning to work.
“The reason is that union officials can (and often do) levy heavy fines against union members who work during a strike,” the notice says.
Further, the notice reminds employees of their rights to cut off all union dues payments in the absence of a monopoly bargaining contract between UAW union officials and company management. The notice encourages employees to seek free legal aid from the Foundation if they experience union resistance as they attempt to exercise any of these rights.
“UAW union bosses have a long history of throwing workers under the bus while pursuing their own interests, something made clear by the federal corruption and embezzlement probe that resulted in many of the UAW’s top brass going to prison,” commented National Right to Work Foundation President Mark Mix. “Rank-and-file workers have good reason to wonder if Shawn Fain’s combative stance and apparent eagerness to initiate a strike is really what is best for them, their careers, and their families, or rather is yet another example of UAW bosses looking out for themselves and their personal ambitions to the detriment of those they claim to represent.”
“National Right to Work Foundation staff attorneys have successfully aided many UAW-controlled employees throughout the years, and are prepared to defend autoworkers from the union boss demands that often accompany a strike order,” added Mix.
Foundation-Backed Workers Notch Victories Over Dues-Hungry UAW Bosses
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
UAW caught using threats and coercion to illegally seize workers’ dues
Ford employee Shiphrah Green excoriated UAW bosses in the Louisville Courier Journal over their blatant disregard for her rights. Foundation attorneys are helping her and others battle the notoriously corrupt union.
LOUISVILLE, KY – United Auto Workers (UAW) union officials have a well-deserved reputation for looking out for their own interests while throwing rank-and-file workers under the bus. The most prominent recent example is the corruption and embezzlement scandal, in which federal investigators revealed that UAW officials had siphoned millions of dollars in workers’ money to fund opulent golf vacations in luxury condos and private villas, spa and amusement park visits, $60,000 cigar-buying sprees, and much more.
But the federal corruption probe that led to eleven top UAW bosses pleading guilty, including former union presidents Gary Jones and Dennis Williams, is hardly the only time greedy UAW bosses abused their government-granted monopoly bargaining powers.
In a series of recent cases brought by National Right to Work Foundation staff attorneys against the UAW, workers are utilizing the Foundation’s free legal aid to vindicate their rights in the face of illegal dues demands by UAW officials.
Foundation-won Settlements Force UAW to Return Money to KY, IA Workers
Shiphrah Green, an employee of Ford Motor Company’s Louisville Assembly Plant, prevailed over UAW Local 862 bosses with free Foundation legal aid in April. UAW bosses were forced to settle and return money they had unlawfully taken from Green’s pay.
Green’s federal charges against the union maintained not only that UAW officials had made her jump through unnecessary hoops to exercise her right to cut off union dues, but also that UAW bosses made threats against her job when she tried to resign, with one union official warning her “if it were up to me, you’d lose your job for leaving the union.” Green’s settlement also forced UAW officials to refrain from such illegal threats in the future.
Meanwhile in Iowa, four employees of air filter manufacturer Donaldson won a recent settlement in which UAW officials were required to return over $1,000 in illegally-seized dues.
In each Donaldson worker’s case, UAW bosses had either refused to stop dues deductions despite producing no original documentation showing the workers had consented to such deductions in the first place, or had kept seizing money after an employee resigned union membership and revoked authorization to deduct dues, which should have been effective in stopping the flow of dues.
Because Ms. Green and the Donaldson workers reside in Right to Work states, the Foundation-won cases mean they will be free from all union financial support going forward.
Philly Public Defender Hits UAW with Charges
Even in non-Right to Work states where union officials have the power to compel workers to pay some fees under threat of termination, UAW bosses still go far beyond what is legal in their greedy forced-dues demands.
For example, Foundation staff attorneys recently filed a case for Philadelphia public defender Brunilda Vargas. Vargas, a vocal opponent of the UAW’s unionization drive, was told by UAW organizers that the union would reduce her and her coworkers’ wages if they did not grant the union the power to automatically deduct union dues directly from their paychecks.
Not only is the threat illegal, but further, employees can never be required to authorize automatic dues deductions from their paychecks under long-established federal law. This is true even in a state like Pennsylvania where workers lack the protection of a Right to Work law. Vargas’ charge, filed in June, is now being investigated.
“American workers likely have a plethora of reasons for wanting nothing to do with UAW union officials, including but not limited to the dizzying corruption in the union that has led to so many union officials going to prison,” commented National Right to Work Foundation Vice President Patrick Semmens. “As Foundation attorneys have experienced, UAW officials will often resort to clearly illegal methods to squeeze money out of dissenting workers in violation of federal law.”
“Union bosses who cannot convince workers to pay union dues voluntarily should not be allowed to seize union dues under threat of termination,” Semmens added.
Louisville Ford Assembly Plant Employee Wins Refund in Case Charging UAW Union Officials and Ford with Illegally Seizing Dues Money
Embattled UAW and Ford back down and settle case; numerous UAW officials currently serving sentences for embezzlement and corruption
Louisville, KY (April 26, 2023) – A Ford Louisville Assembly plant employee has just prevailed in her federal cases against the United Automobile Workers (UAW) Local 862 union and her employer. Shiphrah Green charged union officials in October 2022 with illegally seizing dues money from her paycheck and threatening her job after she exercised her right to refrain from union membership. Green filed a similar charge against Ford for its role in the scheme.
Green received free legal representation from National Right to Work Legal Defense Foundation staff attorneys, who asserted her rights before National Labor Relations Board (NLRB) Region 9 in Cincinnati. In addition to the illegal dues deductions and threats, Green’s October 2022 charges also detailed that UAW and Ford officials had forced her to navigate several unnecessary and unlawful steps to end her financial support for the union.
Foundation attorneys argued that the UAW union and Ford violated her rights under Section 7 of the National Labor Relations Act (NLRA), which protects American private sector employees’ right to refrain from any or all union activities. Additionally, Kentucky is a Right to Work state, meaning that state law prohibits union officials and employers from requiring workers to join or pay union dues or fees to keep their jobs.
Now, pursuant to settlements, Green will be reimbursed for all the dues illegally seized from her paycheck. UAW and Ford must also post notices informing workers that they will no longer continue to take dues from employees’ paychecks after they have resigned from the union, or create unlawful roadblocks to terminating membership or stopping dues deductions.
UAW Officials Block Employee from Exercising Basic Rights
According to her charges, Green sent correspondence to both UAW and Ford officials on April 21, 2022, informing them she was resigning her union membership and cutting off union dues deductions from her wages. Neither granted her request, and Green instead received an email from UAW Local 862’s president notifying her that she must come to the union hall to be shown the purportedly “correct” method to leave the union.
At a meeting with union officials at the UAW union hall on April 25, 2022, UAW officials interrogated Green about why she wanted to leave the union. They also demanded she sign a letter listing “benefits” Green would supposedly forgo if she went through with exiting the union.
The charge contended that NLRB precedent prohibits requiring workers to sign such a document so they can exercise their right to end their union membership and stop dues deductions. UAW Local 862’s president apparently went even further. According to the charge, he told Green “if it were up to me, you’d lose your job for leaving the union.”
As this chain of events with the union was unfolding, Green was also trying to get Ford management to end the dues deductions. This also proved fruitless, as Ford officials gave her several confusing responses and even told her at one point that, under the union monopoly bargaining contract, she could only cease dues deductions in February 2023 – even though paperwork she signed previously stated it could be revoked at will.
The charges contended that Ford violated federal law by “continuing to take full union dues” from Green’s paycheck at union bosses’ behest even after she had requested that they stop. The charges also stated that UAW Local 862 violated the law by continuing to accept those illegally-seized dues, by “restricting her union membership resignation, and by making threatening comments that would chill an ordinary employee’s exercise of Section 7 rights.”
After an investigation into the charges, NLRB Region 9 agreed that Ford and UAW officials’ actions violated federal law. To avoid a federal prosecution for their illegal actions, the company and union quickly settled.
Green’s Foundation-won settlements mandate that Ford and the UAW union return all money taken from Green’s paycheck since April 21, 2022, the date she first tried to resign from the union. UAW officials must also abstain from threatening that “you should or could incur disciplinary problems and job loss with Ford Motor Company Louisville Assembly Plant . . . because you inform us that you are resigning from the union.”
Systemic UAW Disrespect for Workers’ Rights May Be Rampant at Louisville Ford Plant
“The recent federal probe into UAW officials stealing and misusing workers’ money has sent multiple top UAW bosses to jail, and uncovered a shocking culture of contempt for workers’ rights,” commented National Right to Work Foundation President Mark Mix. “As Ms. Green’s case shows, these issues are systemic and widespread, and any other Louisville Ford Assembly Plant worker facing UAW union boss attempts to coerce union membership or dues payment should contact the Foundation for free aid in protecting their legal rights.”
“Louisville Ford Assembly employees should know that, under Kentucky’s Right to Work law, union bosses can’t force them to join or pay any money to the union as a condition of employment,” Mix added.
Philadelphia Public Defender Hits UAW Union with Charge for Illegally Threatening Wage Cut
Union official threatened Public Defenders who refused to authorize union to automatically deduct dues from their paychecks
Philadelphia, PA (April 24, 2023) – Philadelphia Public Defender Brunilda Vargas has filed a federal unfair labor practice charge against the United Autoworkers (UAW) Local 5502 union. The charge states that a union official threatened to reduce her wages and those of her coworkers if they refused to grant the union the power to deduct union dues directly from their paychecks. Vargas is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
On April 18, 2023, Vargas filed the charge with the National Labor Relations Board Region 4 (NLRB) for the threats made against her and her colleagues at the Defender Association of Philadelphia. These threats came from a UAW union official against public defenders who chose not to sign automatic dues deduction authorization forms.
Because private sector workers in Pennsylvania lack the protection of a state Right to Work law, some union fees can be required as a condition of employment. However, employees can never be required to authorize automatic dues deductions from their paychecks under long-established federal law.
Had Vargas lived in a Right to Work state, not only would she have the right to refrain from automatic dues deductions from her paycheck, but also, she could refrain from financially supporting the union altogether. In Right to Work states, workers are fully-protected from mandatory union membership and financial support, both of which must be completely voluntary.
“It is appalling that a UAW Local 5502 union official would threaten public defenders’ wages for refusing to authorize deductions straight from their paychecks,” stated Mark Mix, President of the National Right to Work Legal Defense Foundation. “If anything, UAW officials’ blatant disregard for longstanding federal law demonstrates why these public defenders are right to not want union officials pulling union dues directly out of their paychecks.”
“This case shows why Pennsylvania workers need the protection of a Right to Work law, so every worker can decide for themselves whether or not the union that supposedly represents them deserves their financial support,” added Mix.
Virginia, Kentucky Workers Slam Union Officials with Charges for Illegal Dues Deductions
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Union bosses seized full dues over employees’ clear objections, despite state Right to Work laws
“[I]t is time union officials accept that ‘no means no,’” said Buitoni employee Steven Ricketts, who is fighting to stop all dues as provided by Virginia’s Right to Work law.
DANVILLE, VA – For workers under the protection of Right to Work laws, union membership and financial support are supposed to be strictly voluntary. However, as recent cases brought with Foundation legal aid for workers in Kentucky and Virginia demonstrate, even in the 27 states that currently have Right to Work laws, union bosses will often attempt to illegally seize dues over workers’ objections.
“Living in Right to Work Virginia, it is outrageous that we need to take legal action just to stop union dues from being seized against our will,” commented Steven Ricketts, one of two employees at Buitoni Food Company who recently filed charges against United Steelworkers (USW) Local 9555. “I don’t want my money supporting the United Steelworkers union, and it is time union officials accept that ‘no means no’ when a worker resigns from the union and revokes their dues authorization.”
Ricketts and fellow employee Donald Hale each hand-delivered letters to both USW union officials and to their employer, formally resigning their union memberships and revoking their dues check-off authorizations.
Steelworkers Bosses Ignore 75-Year-Old Virginia Right to Work Law
After the workers’ letters were delivered, dues deductions briefly stopped only to quickly resume. In the case of Ricketts, Buitoni Food Company not only restarted union dues deductions but also deducted double the dues amount in a subsequent paycheck. Deductions from Mr. Hale’s paycheck also resumed without his authorization after a short period.
Mr. Ricketts sent an email to the company’s human resources department after the dues seizures restarted and was told to contact union officials about it. Each employee sent another letter to the United Steelworkers union, specifically requesting copies of their dues check-off authorizations. However, money continues to be deducted without their consent and without the union officials producing copies of the authorizations that are legally required before any such deductions can occur.
Eventually the workers filed unfair labor practice charges against both the USW and their employer for their respective roles in the unauthorized union dues deductions.
Regarding the Foundationbacked charges, Hale noted: “I’m grateful for the National Right to Work Foundation assistance in enforcing my legal rights, but it really shouldn’t take a federal case to cease the collection of union dues.”
Meanwhile in neighboring Kentucky, Shiphrah Green, who works at Ford’s Louisville Assembly Plant, filed similar charges with the National Labor Relations Board (NLRB) against the United Automobile Workers (UAW) Local 862 union, as well as the UAW international union and Ford, for illegal union dues deductions.
Kentucky Autoworker Hits UAW Union with Federal Charges
Green notified both Ford and UAW union officials in April 2022 that she was resigning her union membership and cutting off all union dues deductions from her wages, as is her right under Kentucky’s Right to Work law. Instead of honoring her request, Green instead received an email from UAW Local 862’s president notifying her that Green needed to be shown the allegedly “correct” method to leave the union.
During a subsequent meeting with union officials at the UAW union hall, UAW officials subjected Green to interrogation about why she wanted to leave the union, and also demanded she sign a letter listing “benefits” Green would supposedly forgo if she went through with exiting the union. Longstanding NLRB precedent makes such restrictions on resignation illegal, as was the UAW Local 862 president’s coercive statement to Green that “if it were up to me, you’d lose your job for leaving the union.”
Despite Green’s resignation and requests to cut off union dues, UAW and Ford did not stop dues deductions. While Green continued trying to get Ford management to end the dues deductions, her efforts proved futile, as Ford officials gave her several confusing responses and even told her that she could only cease dues deductions in February 2023, even though the previously authorized dues deduction document could be revoked at will.
Finally, after getting the runaround from both Ford and the UAW, Green filed charges with the NLRB in October using free legal aid from the National Right to Work Foundation. As this issue went to print, Labor Board regional officials were conducting an investigation to see if Ford and the union should be prosecuted for illegal dues seizures.
Foundation Attorneys Play Essential Role in Limiting Union Boss Power
“As thousands of Foundation cases have demonstrated — whether in Right to Work states or forceddues jurisdictions, or whether litigated for government employees or private sector workers — limits on union bosses’ power to seize money from workers mean little if they aren’t enforced,” commented National Right to Work Foundation Vice President Patrick Semmens.
“Virginia has had a Right to Work law on the books for over 75 years, while Kentucky’s Right to Work law is barely over five years old, but in both commonwealths, union bosses are illegally seizing union dues,” added Semmens. “These cases show why defending and enforcing workers’ Right to Work protections has been and will remain a top priority of the Foundation.”
Iowa-Based Donaldson Company Employees Win Refunds in Case Against UAW Union for Illegal Union Dues Seizures
UAW union must now pay back hundreds to workers who charged union officials with rejecting requests to leave union and cut off dues
Cresco, IA (March 29, 2023) – Four employees of air filter manufacturer Donaldson have prevailed in their federal case against United Auto Workers (UAW) Local 120 union officials, whom they charged with seizing union dues illegally from their paychecks. The workers, Troy Murphy, Esther Kuhn, Darren Walter, and Kory Huber, received free legal aid from National Right to Work Legal Defense Foundation staff attorneys in proceedings before the National Labor Relations Board (NLRB).
Each of the workers filed federal charges against the company and the union in September or October of 2022, maintaining that union and company officials had rejected their requests to end union membership and stop dues deductions. A Foundation-won settlement now requires union officials to return to the workers nearly $1,000 total in unlawfully taken money, and post a notice declaring that the union will no longer ignore or reject worker requests to opt out of membership or dues deductions.
The four workers charged UAW union officials and company officials with violating their rights under Section 7 of the National Labor Relations Act (NLRA), which guarantees the right of private sector workers to refrain “from any or all of” union activities. Iowa’s Right to Work law also forbids union bosses from forcing private sector employees to pay any union dues or fees to get or keep a job. In contrast, in non-Right to Work states, union bosses have the power to compel private sector workers to pay a significant portion of union dues as a condition of employment, even under the provisions of the NLRA.
UAW Union Officials Tried to Trap Workers in Dues Deductions Despite No Legal Authority
Kuhn and Murphy sent letters to their employer and the UAW union in April 2022 and June 2022, respectively, informing both parties that they were ending their union memberships and revoking any authorization they had given to take union dues out of their paychecks. Donaldson officials told both employees that neither could exit the union until the union contract was up in October. Charges are still pending against Donaldson.
Federal labor law provides that direct dues deductions can only occur with written authorization from an employee, and even then the deductions are governed only by the specific language on the authorization form – not by the union contract. Neither Donaldson representatives nor the union produced any documents that Kuhn or Murphy had signed agreeing to union dues deductions.
As for Huber and Walter, both sent notices to union and company officials in July 2022 ending union membership and revoking their dues authorizations. Huber’s and Walter’s federal charges point out that neither man’s “checkoff” authorizing dues deductions “contain[ed] language stating [they] agreed to pay dues or fees irrespective of union membership,” meaning that dues deductions should have ceased immediately after Huber and Walter resigned membership. Nevertheless, the union continued to collect dues from their paychecks after they sent in their resignations.
Settlement Orders UAW Bosses to Return Hundreds in Illegally Seized Dues to Workers
After the four employees hit the union with federal charges, UAW officials backed down and settled the case. Now, the union must pay back each employee all dues money seized in violation of their rights dating back to when each of them resigned union membership. In addition, UAW bosses must post a notice at the Donaldson Cresco facility and at the UAW Local 120 union hall stating they “will not fail or refuse to honor your requests to resign your union membership,” “will not fail or refuse to honor your timely requests to revoke your dues checkoff authorizations,” and “will not collect dues without a signed dues checkoff authorization.”
“All across the country, union bosses believe that they are entitled to the money of the workers they thrust under the so-called ‘representation’ of the union,” commented National Right to Work Foundation President Mark Mix. “This is likely the mentality that UAW union bosses had when they continued to siphon dues from Mr. Murphy, Ms. Kuhn, Mr. Walter, and Mr. Huber, even though each employee clearly exercised their rights under federal law, and Iowa’s Right to Work law, to disaffiliate from this union of which they do not approve.”
“UAW chiefs in particular are notorious for playing fast and loose with workers’ money, something apparent after a federal probe has hit at least 11 former UAW executives with jail sentences for corruption and embezzlement,” Mix added. “While Iowa’s legislators have preserved the basic right of their private sector employees to cut off funding for union hierarchies that are corrupt or aren’t serving worker interests, it’s sadly ironic that Michigan – the home of the UAW – has just repealed Right to Work protections for its employees.”
