31 Dec 2008

Free Ride: UAW Bosses Want Taxpayers (and Workers) to Foot the Bill for Their Fat Cat Lifestyles

Posted in Blog

Today, columnist Michelle Malkin did a follow up piece on the United Autoworkers (UAW) union for-profit "championship caliber" golf course and "family education center" that has lost over $23 million in the past five years. Malkin examined the financial reports of the UAW union and found that UAW forced union dues expenditures are going into a lot more than the $33 million golf course and "family education center":

In May and November 2007, the UAW forked over nearly $53,000 for union staff meetings at the Thousand Hills Golf Resort in Branson, Mo. In September 2007, the UAW dropped another $5,000 at the Lakes of Taylor Golf Club in Taylor, Mich., and another $9,000 at the Thunderbird Hills Golf Club in Huron, Ohio. Another bill for $5,772 showed up for the Branson, Mo., golf resort. On Oct. 26, 2007, the union spent $5,000 on another "golf outing" in Detroit. In May and June 2007, UAW bosses spent nearly $11,000 on a golf tournament and related expenses at the Hawthorne Hill Country Club in Lima, Ohio. And in April 2007, the UAW spent $12,000 for a charity golf sponsorship in Dearborn, Mich. In August 2007, the UAW paid nearly $10,000 to its for-profit Black Lake golf course operator, UBG, for something itemized as "Golf 2007 Summer School." UBG had nearly $4.4 million worth of outstanding loans from the union. Another for-profit entity that runs the education center, UBE, had nearly $20 million in outstanding loans from the union.

Malkin also points to other so-called "investments" made by UAW union bosses using forced union dues, including a $9.75 million bid made by former UAW union president Steve Yokich to buy a 100-room resort and spa, a $14.7 million "investment" in a failed airline, and $5 million "investment" in a failed liberal talk radio station.

While UAW union officials make bank being subsidized by employees’ forced union dues, they spend millions of dollars on their fat cat lifestyles; and then they have the audacity to demand the American taxpayers foot the bill in the form of a bailout for companies the UAW’s forced unionism stranglehold is helping drive into bankruptcy.

The government should bail out the workers by releasing them from forced union dues.  Then they would have the freedom to choose whether or not to hand over their hard-earned money to financially support the UAW bosses’ ponzi schemes.

30 Dec 2008

November/December Issue of Foundation Action Now Available Online

Posted in Blog

The latest edition of Foundation Action is now available online as a free download.
This month’s issue covers a number of topics related to employee freedom in the workplace, including oral arguments from the Foundation’s latest Supreme Court case and a recent legal victory that netted Georgia workers over $250,000 in refunds of dues illegally seized.

To download the November/December newsletter, go here. You can also sign up for a free print subscription.

30 Dec 2008

Foundation to DOL: Union Benefit Funds Invite Corruption and Mismanagement

Posted in Blog

In early December, the Department of Labor issued a request for information regarding Voluntary Employees’ Beneficiary Associations (VEBAs). VEBAs are health and welfare trust funds set up by employers and union officials using "voluntary" contributions from workers.

Unfortunately, lack of oversight and an influx of money frequently encourages union corruption, so the National Right to Work Foundation submitted comments (.pdf) warning the DoL about the dangers of giving union bosses a blank check.

As the Foundation’s comments point out, VEBAs should not be surpervised solely by the union hierarchy, but rather should involve employer oversight. Not only would handing over a massive trust fund to union bosses violate the Labor Management Relations Act, which prohibits employers from giving union bosses "any money or other thing of value," it also further encourages union corruption and mismanagement.

In one notable Foundation case, union bosses had the gall to finance a new luxurious union headquarters building with funds diverted from employees’ VEBA. This expenditure was euphemistically termed an "investment" by the the VEBA’s trustees, who were evidently more concerned with helping the union bosses than bringing workers a good return on their money.

The Foundation’s experience with worker-funded VEBAs makes one thing clear: corrupt union bosses should not exercise sole control.

30 Dec 2008

UAW Bosses Exposed: Hard at Work, or Hardly Working?

Posted in Blog

A local Detroit news station followed two union bosses around for the better part of a year, recording their work-related activities. Some of the "benefits" of union representation include union bosses getting paid to drink on the job, collecting massive overtime checks when they’re off work, and running personal errands on the rank-and-file workers’ dime. Unfortunately, these perks are only available to union bosses, but we’re sure workers are incredibly grateful for such top-notch "representation."

Union officials’ bad habits are subsidized by employees’ forced union dues, which fund their position within the union’s bloated hierarchy. When union bosses claim overtime when they’re really off work, their co-workers are also forced to pick up the slack.

Adding insult to injury, states (like Michigan) that lack Right to Work laws force all workers – even those who object to union "representation" – to pay for union activities.

If two corrupt union bosses can rack up hundreds of hours of phony overtime pay per year, imagine how many jobs could have been saved at the collapsing Big Three automotive companies if America eliminated compulsory unionism. We need our workers to be free and our industries competitive.

29 Dec 2008

Air Traffic Controller Union Officials Forced to Respect Rights of Nonunion Employees

Posted in News Releases

In Pennsylvania, staff attorneys from the Foundation helped four air traffic controllers reach a settlement with the National Air Traffic Controllers Association (NATCA) union. NATCA union officials were illegally forcing nonmember employees to financially support union activities unrelated to collective bargaining, as well as refusing to provide a legally required independent financial audit of forced-dues union expenditures:

Harrisburg, PA (December 29, 2008) – With free legal assistance from the National Right to Work Foundation, four air traffic controllers have forced National Air Traffic Controllers Association (NATCA) union officials to halt their illegal forced union dues extraction methods.

The settlement is a result of unfair labor practice charges filed with the National Labor Relations Board (NLRB) by Foundation attorneys for the four controllers in September 2008. The unfair labor practice charges challenged the union officials’ confiscatory scheme of forcing nonmember employees to support financially union activities unrelated to collective bargaining, as well as their refusal to provide a legally required independent financial audit of forced-dues union expenditures. The charges also challenged the union hierarchy’s policy that forced nonunion employees to object annually to full, forced-dues paying union membership.

Finalized today, the settlement requires union officials to post public notices informing affected controllers of their right to refrain from formal, full dues-paying membership. The notice also rescinds the union’s onerous annual objection policy – a policy that requires nonunion members annually to inform union officials of their decision not to pay for union activities unrelated to collective bargaining – and commits union officials to providing employees with an audited financial breakdown of all organizational expenditures. The union hierarchy has also agreed to allow nonunion workers to challenge retroactively dues payments unrelated to workplace representation.

Read the rest of the Foundation’s press release here.

29 Dec 2008

Air Traffic Controller Union Officials Forced to Respect Rights of Nonunion Employees

Posted in News Releases

Harrisburg, PA (December 29, 2008) – With free legal assistance from the National Right to Work Foundation, four air traffic controllers have forced National Air Traffic Controllers Association (NATCA) union officials to halt their illegal forced union dues extraction methods.

The settlement is a result of unfair labor practice charges filed with the National Labor Relations Board (NLRB) by Foundation attorneys for the four controllers in September 2008. The unfair labor practice charges challenged the union officials’ confiscatory scheme of forcing nonmember employees to support financially union activities unrelated to collective bargaining, as well as their refusal to provide a legally required independent financial audit of forced-dues union expenditures. The charges also challenged the union hierarchy’s policy that forced nonunion employees to object annually to full, forced-dues paying union membership.

Finalized today, the settlement requires union officials to post public notices informing affected controllers of their right to refrain from formal, full dues-paying membership. The notice also rescinds the union’s onerous annual objection policy – a policy that requires nonunion members annually to inform union officials of their decision not to pay for union activities unrelated to collective bargaining – and commits union officials to providing employees with an audited financial breakdown of all organizational expenditures. The union hierarchy has also agreed to allow nonunion workers to challenge retroactively dues payments unrelated to workplace representation.

Under the Foundation-won precedent established in the Supreme Court case Communications Workers v. Beck, all private sector employees are entitled to refrain from formal, full dues-paying union membership. The Foundation’s Chicago Teachers Union v. Hudson Supreme Court victory also requires unions to provide employees with an independently-audited financial breakdown of all forced-dues union expenditures. The financial breakdown originally provided by NATCA officials was vague and did not include an independent audit.

“NATCA union officials kept the rank-and-file in the dark to keep the union’s forced dues gravy train going.” said Stefan Gleason, vice president of the National Right to Work Foundation. “Although we applaud the NLRB for reaching an equitable settlement, this type of abuse will remain all too common until Pennsylvania enacts a Right to Work law. Making union membership and dues payment completely voluntary is the only way to make union officials accountable.”

The NATCA union is an affiliate of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). Airport sites where NATCA officials enjoy monopoly bargaining privileges over private sector air traffic controllers include Bridgeport, Connecticut; Alton, Illinois; Marion, Illinois; Barnes, Massachusetts; Hyannis, Massachusetts; Worchester, Massachusetts; Middle River, Maryland; Lebanon Tower, New Hampshire; Ithaca, New York; Stewart, New York; Latrobe, Pennsylvania; Kenosha, Wisconsin, and Mosinee, Wisconsin.

29 Dec 2008

Appellate Court Errs by Blocking an Examination into UAW Backroom Deal as a Form of Labor Bribery

Posted in News Releases

National Right to Work Foundation Vice President Stefan Gleason made the following statement after the U.S. Court of Appeals upheld union lawyers’ motion to dismiss of the case challenging a corrupt quid-pro-quo organizing agreement reached by Freightliner and UAW union officials in North and South Carolina:

Regrettably, the court severely misread and misinterpreted the statute. "Things of value" as defined under numerous federal statutes have long been held by courts to include intangible or non-monetary benefits.

The Congressional intent of the statute was to prevent employers from inducing union officials to bargain away workers’ interests. That is exactly what was done here. Freightliner gave the UAW union officials organizing assistance that the court concedes is a "benefit" to the union. This benefit included preferred access to the employees, pro-union captive audience meetings on paid company time to solicit union authorization cards, employer silence, and an agreement that only the UAW would be able to recruit new dues payers without a secret ballot election.

These are most certainly "things of value" no matter how that term is defined — subjective value, objective value, monetary value, etc. In fact, unions spend millions of dollars on corporate campaigns to attack companies with the very goal of obtaining these valuable advantages.

In return, the UAW hierarchy agreed to pre-negotiated contract concessions, and even the cancelling of certain employee benefits at other facilities. All of this was done before the employees had shown any interest in having UAW union officials represent them.

At the motion to dismiss phase, the allegations of the complaint must be taken as true. Therefore, even under the appellate court’s holding that an ascertainable monetary value is required under 302, the U.S. District Court’s dismissal of the complaint should have been reversed and case remanded for fact finding as to monetary value, which can easily be established.

Apparently union officials think they are entitled to another exception in federal criminal rules and procedures.

The union-abused employees represented by National Right to Work Foundation attorneys are likely to ask for a rehearing en banc or petition to the U.S. Supreme Court to correct this miscarriage of justice.

The decision can be downloaded here. Background on the case can be found here.

23 Dec 2008

Workers at JCIM Grand Rapids Plant Seek Ejection of UAW Union

Posted in News Releases

In Michigan, Foundation staff attorneys are providing legal aid to Johnson Controls (JCIM) Grand Rapids employees who want the UAW union hierarchy removed as the monopoly bargaining agent. Meanwhile UAW union organizers are attempting to force their way into JCIM’s Holland plant:

Grand Rapids, MI (December 23, 2008) – With free legal assistance from the National Right to Work Foundation, a Johnson Controls (JCIM) employee at the Talon Court facility in Kentwood has filed a decertification petition seeking an election to oust the United Auto Workers (UAW) union as the JCIM workers’ monopoly bargaining agent.

The development is another blow to the UAW union hierarchy which has taken a major public relations hit in recent months because of its role in driving the Big Three automakers to the brink of bankruptcy.

JCIM worker Dawn Lambert filed the decertification petition with the National Labor Relations Board (NLRB), which should conduct a secret-ballot election to determine whether or not a majority of the workforce wants to retain the UAW union as their monopoly bargaining agent. Under federal labor law governing the private sector, once the NLRB grants union officials monopoly bargaining status, it is illegal for any present or future employees – whether they are members of the union or not – to negotiate with their employer for themselves unless they can prove that the union hierarchy does not retain majority support.

Because a clear majority of the employees at the Talon Court facility in Kentwood have expressed their intent to remove the UAW, National Right to Work Foundation staff attorneys have also sent a letter to JCIM management demanding that they cease further contract negotiations and also withdraw recognition of what is now a minority union. Under the law, recognizing and negotiating with a union that does not have majority support is an unfair labor practice.

Read the rest of the Foundation’s press release here.

23 Dec 2008

Majority of Workers at JCIM Grand Rapids Plant Seek Ejection of UAW Union

Posted in News Releases

Grand Rapids, MI – With free legal assistance from the National Right to Work Foundation, a Johnson Controls (JCIM) employee at the Talon Court facility in Kentwood has filed a decertification petition seeking an election to oust the United Auto Workers (UAW) union as the JCIM workers’ monopoly bargaining agent.

The development is another blow to the UAW union hierarchy which has taken a major public relations hit in recent months because of its role in driving the Big Three automakers to the brink of bankruptcy.

JCIM worker Dawn Lambert filed the decertification petition with the National Labor Relations Board (NLRB), which should conduct a secret-ballot election to determine whether or not a majority of the workforce wants to retain the UAW union as their monopoly bargaining agent. Under federal labor law governing the private sector, once the NLRB grants union officials monopoly bargaining status, it is illegal for any present or future employees – whether they are members of the union or not – to negotiate with their employer for themselves unless they can prove that the union hierarchy does not retain majority support.

Because a clear majority of the employees at the Talon Court facility in Kentwood have expressed their intent to remove the UAW, National Right to Work Foundation staff attorneys have also sent a letter to JCIM management demanding that they cease further contract negotiations and also withdraw recognition of what is now a minority union. Under the law, recognizing and negotiating with a union that does not have majority support is an unfair labor practice.

The decertification drive against the UAW in Kentwood comes amidst a UAW campaign to unionize JCIM workers in nearby Holland. In Holland, UAW union bosses are pressuring JCIM to provide union organizers with access to company facilities and personal information about its employees, including their names, phone numbers, and home addresses.  Numerous employees at the JCIM Holland facility have responded by sending JCIM a letter asking that the company not release their personal information to the UAW union. To view a sample of the letter, click here.

Union bosses use this information to pressure employees to sign union authorization cards at work and at home. History shows that during “card check” campaigns union organizers frequently harass and even mislead workers into signing these cards. Once union officials collect signed cards from a majority of the workers, JCIM in Holland could be forced to recognize the union as the monopoly bargaining agent of all employees in the bargaining unit, even for those workers who would prefer to negotiate their own wages and working conditions based on their individual merit.

“Employees are apparently sick and tired of the UAW bosses’ role in fomenting conflict in the workplace, job losses, corruption, and Far Left political activism,” said Stefan Gleason, vice president of the National Right to Work Foundation.

22 Dec 2008

Children Be Damned: Strike-Happy Pennsylvania Teacher Union Bosses Inducted Into Hall of Shame

Posted in Blog

Speaking of the Wall Street Journal, its editorial on Pennsylvania teacher union bosses’ pathetic and disgaceful practice of ordering teachers to abandon schoolchildren during frequent strikes is also quite informative:

Teachers unions routinely claim that the interests of students are their top priority. So we would be interested to hear how the Pennsylvania affiliate of the National Education Association explains the proliferation of teacher walkouts in the middle of the school year.

According to a recent study by the Allegheny Institute, Pennsylvania is once again the worst state in the country for teacher strikes. No less than 42% of all teacher walkouts nationwide occur in the Keystone State, leaving kids sidelined and parents scrambling to juggle work and family, potentially on as little as 48 hours notice required by state
law.

The strikes take place despite the state’s ranking in the top 20% nationwide for teacher salaries in 2006-2007 — the most recent data available — with an average of $54,970. Those paychecks go even further when adjusted for the state’s cost of living compared to top-spending school districts in places like California.

Unsurprisingly, the status quo is perpetuated by the unions’ corrupt relationship with local politicians:

Pennsylvania taxpayers aren’t pleased. Last year, a bill to prohibit teacher strikes was introduced in the state legislature by Todd Rock and 28 co-sponsors, only to be sidelined thanks to union opposition. According to a group called Stop Teacher Strikes, 75% of state legislators between 2004 and 2006 received teacher union money. The office of Governor Ed Rendell, who received more than $500,000 in teachers union political action committee cash for his 2006 re-election bid, called the strike ban a "radical response" to the problem.

Simon Campbell, president of Stop Teacher Strikes, explained the connection between compulsory unionism and failing schools at this year’s Concerned Educators Against Forced Unionism (CEAFU) conference: