Right to Work-Flouting UAW Bosses Pay Back Thousands to MI Paramedics
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2020 edition. To view other editions or to sign up for a free subscription, click here.
Settlements come in Foundation-supported cases as UAW top brass face massive corruption scandal
Joe Biden promises to increase UAW bosses’ coercive power over workers, even as the criminal probe engulfs the union’s upper echelon. Former UAW President Gary Jones’ house had already been raided by FBI agents when this photo was taken.
FLINT, MI – As a result of a settlement won in a National Right to Work Legal Defense Foundation-supported state court case against United Automobile Workers (UAW) Local 708 union bosses, Skylar Korinek, Donald McCarty and 261 other STAT Emergency Medical Services employees received $31,000 in damages. The lawsuit challenged the union’s and company’s violations of Michigan’s Right to Work Law. The settlement is in addition to $26,000 previously won for STAT employees in a separate federal administrative case brought by Foundation staff attorneys.
The victory comes as former UAW President Gary Jones becomes the latest top UAW official to plead guilty in a years-long federal investigation into racketeering and embezzlement among the UAW hierarchy. Court documents say that Jones and other UAW despots misspent millions in union money, much of it forced union dues, on lavish limousine lifestyles, including months-long Southern California luxury golf vacations complete with private villas, custom-made Napa wine and $60,000 in cigar-buying sprees.
Revelations Keep Coming in Sweeping Investigation of UAW Hierarchy
The expanding probe, which has involved FBI raids on UAW officials’ homes where stashes of pilfered cash and luxury items were discovered, has already resulted in the convictions of at least 14 people, including at least 11 UAW agents.
Jones’ guilty plea is expected to be part of a deal that will include his assistance in prosecuting his predecessor, former UAW President Dennis Williams. Further, according to The Detroit News, current UAW President Rory Gamble is under investigation for taking kickbacks from Detroit vendors after awarding them lucrative UAW merchandise contracts.
“The UAW scandal is yet another reminder that compulsory unionism breeds corruption. Even though Michigan’s Right to Work Law should protect workers from being forced to subsidize union boss activities, UAW bosses’ preferred operating model still is extorting workers to pay dues or be fired,” observed National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse. “Even in states like Michigan with Right to Work laws on the books, union bosses will attempt to force workers like Korinek and McCarty to pay dues. Only vigorous enforcement of Right to Work protections through the Foundation’s legal aid program stops them.”
Settlement Nixes Illegal Contract Clause Imposed by Union and Employer
The five-figure settlement won in the Foundation-supported state case supplements an earlier National Labor Relations Board (NLRB) settlement last year that secured Korinek, McCarty and 168 other STAT emergency workers $26,000 in refunds from UAW. That settlement stemmed from NLRB charges filed by Foundation staff attorneys for the two against UAW and STAT for deducting union dues from the workers’ paychecks without authorization.
The state class-action lawsuit for Korinek and McCarty also revealed that STAT and UAW officials had entered into a monopoly bargaining agreement in 2015 that contained a so-called “union security” agreement. That agreement required STAT employees to join and fund UAW or lose their jobs in violation of Michigan’s Right to Work Law, which protects workers from having to pay union dues or fees as a condition of employment. At that point, the law had been in effect for more than two years.
As part of the settlement approved on May 19, 2020, UAW officials and STAT agreed not to include an agreement that requires workers to join or financially support UAW in any monopoly bargaining contract for as long as Michigan’s Right to Work Law is in effect.
Since Michigan passed its Right to Work Law, which became effective in March 2013, Foundation staff attorneys have brought more than 120 enforcement cases for Michigan workers subjected to coercive union boss tactics.
Foundation Assists Workers During UAW Union Boss-Ordered GM Strike
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, November/December 2019 edition. To view other editions or to sign up for a free subscription, click here.
Strike order comes during growing UAW boss corruption and embezzlement investigation
With free aid from the Foundation, Ford employee Lloyd Stoner won a unanimous ruling from the NLRB which ordered UAW bosses to refund illegally seized dues.
DETROIT, MI – In September, United Auto Workers (UAW) union bosses ordered tens of thousands of General Motors workers on strike. The strike came as federal prosecutors were intensifying their investigation into embezzlement and corruption within the UAW hierarchy. Just days before the strike, the probe had reached the top levels of the UAW when FBI agents raided the homes of the union’s current president and his predecessor.
Amid the scandal and union boss-instigated strike, National Right to Work Legal Defense Foundation staff attorneys were assisting several Michigan workers in legal challenges to the coercive practices of UAW officials. Additionally, Foundation Legal Information staff publicized a “special legal notice” directed at workers affected by the strike to ensure they knew their legal rights despite persistent union misinformation and threats.
GM Worker Stands Up to UAW Discrimination
Joseph Small, a stamping metal repair worker at a Lansing, Michigan, GM plant, filed a federal charge with the National Labor Relations Board (NLRB) right before the strike unfolded with free aid from Foundation staff attorneys. Small, who is not a UAW member and is not required to pay fees to the union because of Michigan’s Right to Work Law, asserted in his charge that UAW officials “heavily involved [themselves] in the interview process” for a promotion for which he was being considered.
Small was passed over for the position, which went to a union member. Small’s charge notes that a union representative later “stated that [Small] did not get the position because [he] was not paying union dues,” a clear violation of federal labor law.
According to the National Labor Relations Act, workers have the right to refrain from union activities and neither union officials nor management can discriminate against employees based on their union membership status.
Ford Worker Wins Unanimous NLRB Ruling
Ford Motor Company worker Lloyd Stoner, who works at the company’s facility in Dearborn, Michigan, won a second victory in defense of his rights this August with free legal aid from the Foundation.
Stoner, who had originally charged UAW officials and Ford with illegally seizing dues from his paycheck despite his previously resigning his union membership and revoking his dues deduction authorization, received a unanimous ruling from a three-member panel of the NLRB in Washington, D.C. The labor board directed UAW officials to make Stoner whole for the dues they illegally took.
The NLRB also ordered UAW officials to immediately honor any other employees’ membership resignations. Stoner had earlier won a favorable settlement from Ford for its role in blocking him from exercising his rights.
“UAW union officials continue to show a willingness to break the law, even violating the rights of the very workers they claim to represent,” observed National Right to Work Foundation Vice President Patrick Semmens. “Whether it be federal corruption prosecutions or unfair labor practice charges at the NLRB, UAW bosses must be held accountable when they break the law.”
Foundation Winning Protections Against Forced Unionism at Trump NLRB
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2019 edition. To view other editions or to sign up for a free subscription, click here.
Series of victories adds protections against illegal forced dues, being trapped in union ranks
Staff attorney Glenn Taubman testified before Congress in July that existing NLRB rules wrongly favor union bosses over workers.
WASHINGTON, D.C. – In a series of recent victories, the National Labor Relations Board (NLRB) ruled in favor of workers challenging coercive union official practices, with free legal aid provided by the National Right to Work Foundation. The rulings are a stark departure from the Obama NLRB, which regularly stymied the rights of independent-minded employees opposed to associating with union bosses.
Foundation Wins Appeals in Dues Checkoff Cases
In separate cases brought by Foundation staff attorneys for Kacy Warner, a hospital worker, and Shelby Krocker, a Kroger grocery employee, the NLRB General Counsel ruled for the workers and ordered Regional Directors to prosecute union officials’ actions related to language in union dues checkoff forms.
The General Counsel’s decision to sustain Warner’s appeal concerning the checkoff authorized even more additions to the charges, saying the National Nurses Organizing Committee (NNOC) union violated the NLRA by “maintaining confusing and ambiguous dual-purpose authorization forms that unlawfully restrained employees in the exercise of their Section 7 rights.”
The General Counsel noted that the union’s forms failed to tell workers they can revoke authorizations for dues deductions after the union’s contract expires, failed to give workers adequate time to revoke authorizations, unlawfully required workers to use certified mail to send revocation requests, and failed to give “any indication to employees that payroll deduction authorization is voluntary.”
This came just a week after the General Counsel sustained another Foundation-led appeal for Krocker, who charged United Food and Commercial Workers (UFCW) union officials with illegally forcing her to sign a dues checkoff authorization. In both cases, the NLRB General Counsel authorized even more charges against union officials for misleading and confusing language regarding union dues deductions.
NLRB Regions Instructed to Prosecute Beck Violations
Also in July, the NLRB Division of Advice and General Counsel instructed regional directors to issue complaints against unions when union officials fail to inform employees of the amount of reduced union fees they can pay by objecting under the Communication Workers of America v. Beck U.S. Supreme Court decision.
The memos instruct NLRB Regional Directors to more stringently enforce workers’ Beck rights which protect workers from being forced to fund nonchargeable union activities such as union political activities. A memo issued to the Director of NLRB Region 32 read in part that “it is difficult for an employee to make an informed decision about whether to become a Beck objector without knowing the amount of savings that would result from the decision.”
“The Foundation is proud to have represented the California employee whose charge against the UFCW resulted in this Advice Memo, as well as necessitating this heightened disclosure standard by winning the Beck decision at the Supreme Court and the Penrod decision at the D.C. Circuit Court of Appeals,” National Right to Work Foundation Vice President and Legal Director Ray LaJeunesse said. Foundation staff attorneys are currently litigating several additional cases to secure and expand workers’ protections under Beck.
Ruling Aids Workers Trapped in Union Ranks They Oppose
In another Foundation victory for independent-minded workers in July, the NLRB issued a decision that limits union officials’ ability to game the NLRB system to trap workers in monopoly union ranks. The ruling allows employers to withdraw recognition from a union when a majority of its workers sign statements opposing unionization.
Foundation staff attorneys represented two workers, Brenda Lynch and Anna Marie Grant, who spearheaded the collection of signatures from a majority of workers opposed to union representation. Their employer complied with their wishes and sent the union bosses packing. After United Auto Workers (UAW) union officials sought to foist the union back onto the workers despite their clear opposition, Foundation staff attorneys persuaded the NLRB to uphold the UAW’s ouster.
“Instead of union lawyers playing legal games for months or even years to block the removal of a union that lacks majority support, the Board majority takes the common sense approach of asking union officials to prove their claim of support in a secret ballot vote of the workers,” said LaJeunesse.
General Motors Employee Hits UAW Union Bosses with Federal Unfair Labor Practice Charge for Illegal Discrimination
Charge: UAW officials illegally discriminated against nonmember worker causing GM to block possible promotion
Lansing, MI (September 18, 2019) – General Motors (GM) employee Joseph Small has filed an unfair labor practice charge against the United Auto Worker (UAW) Local 652 union with free legal aid from the National Right to Work Legal Defense Foundation.
According to the charge filed with the National Labor Relations Board (NLRB) by National Right to Work Foundation staff attorneys, union officials interfered in the interview and hiring process for an opening at GM for which Small had applied. Union officials later admitted the position went to a union member instead of Small because Small had exercised his legal right to refrain from union membership and from paying union dues.
This discrimination against Small by UAW union officials violates his legal rights under the National Labor Relations Act (NLRA). The NLRA outlaws discrimination by union officials against workers who elect to refrain from union activity. Small exercised his rights under Michigan’s Right to Work law, which not only allows workers to decline union membership but allows workers to stop any payment of union dues or fees as a condition of employment.
The unfair labor practice charge by Small comes as UAW officials have ordered a nationwide strike against GM affecting over 40,000 workers. The Foundation has issued a special notice to GM employees informing them about how to exercise their legal rights to refrain from participating in the strike and return to work.
The notice can be found here: www.nrtw.org/UAW-GM
Meanwhile, UAW officials have been caught up in an expanding corruption and embezzlement scandal that has resulted in numerous indictments, with the FBI reportedly recently raiding the home of current UAW President Gary Jones just weeks ago. In a separate case brought Foundation staff attorneys, the NLRB issued a decision earlier this month holding that UAW officials illegally seized dues from a Ford Motors employee’s paycheck while ordering the union to return the funds.
“UAW union officials continue to show a willingness to break the law, even violating the rights of the very workers they claim to represent,” said National Right to Work Foundation President Mark Mix. “Whether it be federal corruption prosecutions or unfair labor practice charges at the NLRB, UAW bosses must be held accountable when they break the law.”
Labor Board Rules UAW Violated Ford Worker’s Legal Rights by Unlawfully Accepting Union Dues Deducted from Paycheck
NLRB orders union officials to reimburse funds seized after employee resigned his union membership and revoked authorization to deduct any further dues
Washington, D.C. (September 4, 2019) – Ford Motor Company employee Lloyd Stoner won an important legal victory at the National Labor Relations Board (NLRB) with free litigation aid from National Right to Work Legal Defense Foundation staff attorneys after union officials violated his legal rights.
An NLRB three-member panel unanimously affirmed a ruling by an administrative law judge that United Automobile Workers (UAW) Local 600 union officials violated Stoner’s rights under the National Labor Relations Act (NLRA). The NLRB ordered the Dearborn, Michigan-based union local officials to reimburse Stoner for union dues unlawfully deducted from his paycheck after he attempt to exercise his legal right to revoke his dues checkoff authorization.
Administrative Law Judge Michael A. Rosas ruled in February that UAW Local 600 engaged in unfair labor practices under the NLRA by accepting union dues deducted from Stoner’s wages for two-and-a-half months after he resigned union membership and revoked his authorization to deduct dues. The union also failed to refund any of the dues taken without Stoner’s consent for nearly five months after his revocation.
Stoner had already won a favorable settlement in January from the Ford Motor Company, which was charged for deducting the unauthorized dues from his paycheck.
In addition to refunding dues unlawfully deducted from Stoner’s paycheck, the NLRB ordered union officials to honor any requests of employees to resign from membership and revoke their dues checkoff authorizations. UAW union officials must refrain from coercing workers from exercising their rights under the National Labor Relations Act (NLRA), the Board added.
“By standing up for his rights, Lloyd Stoner has won a clear victory for himself and his colleagues against abusive union practices,” said National Right to Work Foundation President Mark Mix. “The Board is absolutely right that union bosses cannot keep accepting money deducted from a worker’s paycheck even after an employee resigns his union membership and tells the union he no longer wishes to pay dues.”
“It is outrageous that union officials thought they could get away with an obvious violation of the National Labor Relations Act,” Mix added. “Scandal ridden UAW bosses may claim to represent rank-and-file workers, but their actions repeatedly show they are really just out for power and money.”
Veteran Foundation Attorneys Highlight NLRB Victory for Workers Over UAW Union Bosses
Earlier this month, National Right to Work Foundation staff attorneys won a decision at the National Labor Relation Board (NLRB) for Johnson Controls Inc. employees seeking to remove the United Auto Worker (UAW) union from their workplace.
Foundation Vice President and Legal Director Raymond LaJeunesse and veteran Foundation staff attorney Glenn Taubman, who provided free legal aid to the workers, recently authored an article for the Federalist Society about the victory and how it advances the rights of workers seeking to free themselves from union monopoly ranks:
The main takeaways from this case are: 1) employers can lawfully withdraw recognition of a union when presented with objective evidence (like an employee signature petition) that the union has lost majority support, and they now face less legal jeopardy for honoring the wishes of their employees than they did under the prior regime; 2) secret ballot elections remain the favored method for determining employees’ representational desires, so if the union is “anticipatory” ousted based upon a majority employee petition but believes it actually possesses majority support, it cannot litigate its way back to power using the slow and prolonged unfair labor practice process, but must file for a secret ballot election; and 3) as noted in the dissenting opinion of Obama appointee Lauren McFerran, the Johnson Controls decision could open the door to periodic recertification elections for unions.
Many employee advocates have long urged that recertification elections are desirable. Unlike politicians who must automatically face periodic elections (a.k.a “recertifications”), current NLRB law “presumes” that unions retain majority status in perpetuity. Yet statistics show that 94% of unionized workers have never voted for the union representing their workplace. James Sherk, Union Members Never Voted for a Union, Heritage Foundation, August 30, 2016. If the NLRB adopts a recertification process, unions could not rely upon outdated doctrines granting them perpetual majority status, but would have to periodically prove their majority support. As National Right to Work Foundation attorneys have long argued, permanently encrusting a labor union on a bargaining unit, with no showing of current employee support, does not lead to workplace stability or protect employees’ right of free choice.
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