Foundation Slams Biden Labor Board’s Biased Ruling in Federal Appeals Court
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, May/June 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Brief contends NLRB distorted precedent to trap workers in union they oppose
A majority of J.G. Kern employees petitioned to oust the UAW, which has seen two of its former presidents (Gary Jones, right, and Dennis Williams, left) go to jail for corruption. But a biased NLRB ruling trapped the workers in UAW ranks anyway.
WASHINGTON, DC – Foundation staff attorneys recently filed an amicus brief with the D.C. Circuit Court of Appeals in a case challenging a National Labor Relations Board (NLRB) decision reversing workers’ attempt to remove union “representation” they oppose.
In the case, J.G. Kern employees, frustrated with the United Auto Workers (UAW) Local 228 union, decided to petition to decertify, or formally remove, the union from their workplace. The workers presented this majority petition to their employer, leading to the company removing its recognition of the union.
The petition contained overwhelming support from workers in favor of removing the union. Yet, after the company withdrew recognition from the union, UAW officials ran to the Biden Labor Board in an attempt to remain in power. The Biden-appointed NLRB majority sided with the union officials by re-imposing the unpopular union over the workers’ objections.
With the case now in the federal court of appeals, the Foundation filed an amicus brief arguing the NLRB’s April 2022 ruling ignores precedent and misapplies longstanding law in siding with union officials.
Decertification Rules Already Rigged Against Workers Opposed to Union Affiliation
As the brief points out, workers looking to file a petition to remove a union they oppose already face numerous hurdles due to NLRB rules, most of which are contained nowhere in the federal statute the NLRB is charged with enforcing.
For example, a petition must be gathered outside of work hours, and outside of work-related areas. Also, unless employees use certain Board-specified language in their petition, the petition is invalid. Furthermore, employees cannot ask their employer for further information regarding the decertification process or the petition will be invalid.
The Foundation’s brief observes how workers must operate “in the dark, without help from their employer, and even if they do everything right, their efforts might come to naught through no fault of their own.” It also shows how the Biden Board has made it more difficult for individual workers to express their right to decertify unwanted, unpopular unions.
Biden NLRB Aims to Force Union on Workers Who Overwhelmingly Object
Under the Board’s “certification bar” doctrine, a union that wins a secret ballot election cannot be challenged for one year after its victory is certified by the NLRB. In this case, the UAW’s certification bar ended on October 3, 2019. In November 2019, J.G. Kern employees delivered a majority-backed petition to their employer.
The Biden Board claimed, however, that because J.G. Kern did not bargain in good faith during a three-month period at the beginning of the certification year, the employees’ majority petition was invalid. According to the Biden Board, the employer’s alleged unfair labor practices prospectively “extended” the certification year beyond its normal 12-month period.
The brief highlights the disingenuousness of the Board, pointing out that “the employees would have to divine the future to know they were collecting a petition during the ‘extended certification year.’” The Foundation urges the D.C. Circuit to command the Board to follow precedent that requires the Board to determine whether there was a “nexus” between the employer’s unfair labor practices and the decertification petition.
NLRB’s Power Grab Takes Away Workers’ Rights
The Foundation’s brief emphasizes how the Board’s decision can abolish employees’ rights guaranteed by the National Labor Relations Act. An example of that is the J.G. Kern workers’ petition, where it was only after the petition was gathered that the Board extended the union’s certification bar period.
The brief notes that usually “an employee’s decertification petition is presumptively valid unless there is a causal nexus between the unfair labor practice and the petition.” However, this is not the case under the J.G. Kern ruling.
Should the NLRB’s ruling be upheld, it “will further incentivize incumbent unions to file unfair labor practice charges to chill employees’ Section 7 ability to collect petitions,” the brief concludes.
“The NLRB’s blatant disregard for the rights of workers who don’t want anything to do with coercive unionism is on full display in this case,” commented Mark Mix, president of the National Right to Work Foundation. “The arbitrary cherry-picking of legal precedents to fit the Board’s agenda is outrageous, while expected, given the Biden Administration’s all-out effort to expand Big Labor’s coercive ranks.
Louisville Ford Assembly Plant Worker Slams UAW Union with Federal Charges for Seizing Money from Her Paycheck Illegally
Charge detailing violation of employee’s rights comes after multiple top UAW chiefs have been sentenced to prison for widespread corruption and embezzlement of workers’ dues money
Louisville, KY (October 27, 2022) – Shiphrah Green, an employee at Ford’s Louisville Assembly Plant, has filed federal charges against the United Automobile Workers (UAW) Local 862 union at the plant. Her charges contend that union officials are violating her rights by seizing dues money from her paycheck after she resigned her membership and requested a stop to all dues. Green, who is represented for free by National Right to Work Legal Defense Foundation staff attorneys, also hit Ford with federal charges for their officials’ role in the unlawful deduction of union dues.
National Labor Relations Board (NLRB) Region 9 in Cincinnati will now investigate Green’s charges. The charges detail UAW and Ford officials forcing Green to navigate several unnecessary and unlawful steps to end her financial support for the union. They even state that the Local 862 president made threatening comments regarding Green’s job just because she exercised this basic free choice right. To date, the charges state, Ford and the UAW have not stopped collecting full union dues from Green’s paycheck.
Green’s charges argue that both the UAW union and Ford infringed on 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 union officials are forbidden by state law from getting workers fired merely for refusal to join or financially support a union.
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 party granted her request, and Green instead received an email from UAW Local 862’s president notifying her that she needed 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, UAW officials forced Green to answer questions 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 contends that NLRB precedent prohibits requiring workers to sign such a document just 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 was ongoing, 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 she could only cease dues deductions in February 2023 – even though the previously authorized dues deduction document stated it could be revoked at will.
The charges contend 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, and that UAW Local 862 violated federal 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.”
New Evidence of UAW Corruption Emerges After Top UAW Chiefs Receive Jail Sentences
Green’s charges come as the UAW union is still reeling from the effects of a years-long investigation by federal prosecutors into massive corruption within the union hierarchy. The probe, as of July 2022, has already resulted in convictions of at least 17 people, including two former UAW presidents and at least nine other UAW top officials. The convicted former UAW presidents, Gary Jones and Dennis Williams, were sentenced to a combined 49 months in prison.
UAW officials were convicted most notably of embezzling millions from the union’s dues-stocked coffers for luxury golf vacations, expensive liquor and cigarettes, steak dinners, amusement park tickets, and more.
“The past few years have shown how deep anti-worker corruption runs within the UAW hierarchy. Ms. Green’s case is just one more manifestation of a culture that clearly values the ability to siphon money from rank-and-file employees far above respecting employee rights,” commented National Right to Work Foundation President Mark Mix. “Workers under UAW control in Kentucky should know that they have the right to cut off all union dues payments to union officials, and the right to end their memberships at will. Any obstacles created by union officials to hinder the exercise of these rights are illegal, and employees should reach out to Foundation staff attorneys for free legal aid if they encounter such roadblocks.”
