11 Sep 2008

Employees Hit Union with Federal Charges for Its Illegal and Retaliatory Strike Fines

Posted in News Releases

Chicago, IL (September 11, 2008) – With free legal aid from the National Right to Work Legal Defense Foundation, nine Lechner and Sons employees have filed federal charges against an International Brotherhood of Teamsters Union local for exorbitant and illegal retaliatory fines levied against them.

The employees filed the unfair labor practice charges at the National Labor Relations Board (NLRB) against Teamsters Local Union 731. Union officials hit the employees with fines ranging from $13,946 to $40,000 each for working during the strike, despite the fact that none of the employees were truly voluntary members of the union during the strike. Union officials never informed any of the employees of their right to refrain from formal union membership and pay a reduced amount of forced dues. Instead, union officials deceived the employees into believing that formal, full-dues-paying union membership was a condition of employment.

In July 2006, union bosses ordered the employees, all truck drivers, to abandon their jobs during a so-called “sympathy strike” involving a different bargaining unit of workers at the plant where the strike occurred. After the strike ended in June 2007, union brass claimed the power to use fines to discipline non-striking employees.

The union hierarchy also claimed the power to discipline two employees for working during the strike even though they were not union members during the strike. The union bosses illegally threatened one employee that if he did not pay the fine, he would never again work in a “union-shop.” All of the employees have now resigned from the union.

“It is unconscionable for union bosses to mislead employees into union membership and then attempt to drive them into the poorhouse in vicious retaliation for working,” said Stefan Gleason, vice president of the National Right to Work Foundation. “This disturbing, yet increasingly-used tactic of union intimidation is all too common in states like Illinois where there is no Right to Work law on the books.”

A Right to Work law secures the right of employees to decide for themselves whether or not to join or financially support a union. The NLRB Regional Director’s Office will now investigate the charges and decide whether to issue a formal complaint and prosecute the union.

9 Sep 2008

Federal Judge Smacks Down Utah’s Speech Police, Campaign Finance Law Voided by National Right to Work Foundation Suit

Posted in Blog

The U.S. District Court has pinned back the ears of the Utah political class, particularly Lieutenant Governor Herbert — slapping down key provisions of their unconstitutional campaign finance regulations. The law was exploited by political opponents to muzzle — even criminalize — certain speech.

When teachers in Utah began complaining to National Right to Work Foundation attorneys in early 2007 that union activists were swarming school property and pressuring them to sign petitions to overturn a school reform measure, the Foundation took quick action by running television and radio ads offering free legal aid.

That did not sit well with union activists who complained to the state’s speech regulators. The Lieutenant Governor and staff sent threatening letters to the Foundation demanding contributor information and other private information.

In response, the Foundation — with the invaluable help of the Madison Center for Free Speech — filed a lawsuit to challenge parts of Utah’s speech regulation laws as unconstitutional violations of the First and Fourteenth Amendments of the United States Constitution.

In a summary judgment ruling issued late yesterday, Federal Judge Dee Benson agreed with the National Right to Work Foundation. Responding to the ruling, Foundation Vice President Stefan Gleason issued the following statement:

Utah’s political authorities, especially Lieutenant Governor Herbert, went way overboard, and their unconstitutional law was deservedly smacked down by the U.S. District Court.

Our organization received numerous reports from employees about coercion and other illegal actions during a union petition drive in 2007. What we do is provide free legal aid and information. That’s all we do — it’s the Foundation’s mission, whether the union militants engaged in the coercion like it or not.

Just because a teacher union activist doesn’t like our public service legal-aid advertisements and files a complaint does not justify the state’s politicians coming in and harassing us with unconstitutional regulation.

The Utah law at issue is one of the most unconstitutionally overbroad and overvague of all campaign finance laws in the nation. The Judge recognized this and, not surprisingly, ruled in our favor.

Politicians can’t just come in and harass charities with draconian regulations that chill their voluntary, non-express-advocacy speech.

In a press release about the case James Bopp of the James Madison Center for Free Speech said:

This case was a perfect example of government overreaching into the very heart of the First Amendment… the Foundation was engaging in the very activities it always has, offering free legal aid to workers affected by coercive union activities, and because they happened to coincide with a ballot measure election, the state claimed that they were regulable.

This is a decisive victory for the First Amendment. Speech surrounding ballot measures is no less protected than speech about candidates, and regulation of political speech must be limited to express advocacy and organizations cannot be forced to register and report as a political committee unless they have the passage or defeat of a ballot measure as their major purpose.

The James Madison Center release can be downloaded here.

5 Sep 2008

Steelworkers Union President Continues Using Todd Palin’s Money to Bash His Wife

Posted in Blog

Two days ago, we posted an entry announcing our offer of free legal aid to Todd Palin if he wishes to stop funding ugly union attacks against his wife. It continues — the USW’s president recently unloaded on Governor Palin and her family at the union’s official blog:

At the press conference, Palin trotted him out, stressing his steelworker credentials. Here’s a good union man, she emphasized.

But his United Steelworker card doesn’t include an automatic auxiliary membership for her. Or her running mate at the top of the Republican ticket…

There is a clear disconnect between unions’ top bosses and rank-and-file workers. Union chief Leo Gerard — who, according to his biography, is a Canadian citizen and whose lavish salary is paid with the forced union dues of workers like Todd Palin — likes to berate people about who they should vote for in American elections.

Todd Palin’s unfortunate quandary highlights the injustices of forced unionism. If you are a unionized worker funding political speech you abhor, contact the National Right to Work Foundation or take a close look at the employee rights section of our web site. We provide free legal assistance to workers victimized by compulsory unionism. 

 

5 Sep 2008

After Carrying Union Lawyers’ Water, Bush’s Solicitor General is Humiliated by a Rare Supreme Court Rebuff

Posted in Blog

In an extremely rare move, the United States Supreme Court today has smacked down (.pdf) the U.S. Solicitor General after he tried to force his way into the October 6 oral arguments in the National Right to Work Legal Defense Foundation’s upcoming Locke v. Karass case involving forced union dues.

Bush’s SG (Paul Clement and now Gregory Garre) had, apparently at the behest of the U.S. Department of Labor, previously filed an amicus brief which supported organized labor’s legal position in key ways. In fact, SEIU union lawyers cited the government’s brief 14 times in their own brief. As Foundation attorneys pointed out in their response, the federal government had no business even getting involved in this case, because no federal statute or federal interest is involved.

It is extremely unusual for the Solicitor General (often referred to as the Tenth Justice) to be turned down when requesting oral argument time.

This is a well-deserved slap in the face for the Solicitor General’s office and the Solicitor of Labor. They should be spending their time energy enforcing employees’ rights, rather than trying to tear them down.

The Bush administration should now do the right thing and withdraw its outrageous legal brief immediately, as previously demanded (.pdf) by Foundation president Mark Mix.

4 Sep 2008

Sneak Attack: National Mediation Board Wants to Encourage Use of Coercive Card Check

Posted in Blog

In recent weeks, the National Mediation Board, a federal bureaucracy whose purpose is to, among other things, “to promote… the effectuation of employee rights of self-organization where a representation dispute exists…” within the railroad and airline industries, has proposed revisions to its Representational Manual that would open the floodgates to the use of coercive "card check."

While the NMB does “determine and certify collective bargaining representatives of employees” it also says that it functions to “ensure that the process occurs without interference, influence or coercion.” Despite this fact, the proposed NMB revisions are explicitly stated to not be “intended to interfere with or preclude either certification by card check…or voluntary recognition.” In other words, while its mission is to stop coercion, the NMB wants to modify its rules to encourage the coercive card check process for unionization.

National Right to Work Staff Attorney Glenn M. Taubman submitted opposing comments for the National Right to Work Committee and the National Right to Work Legal Defense Foundation regarding the sneaky changes proposed by the National Mediation Board. As Taubman points out, not interfering with “card check” practices is essentially providing a rubber stamp for more union boss interference, influence and coercion.

Taubman makes a forceful argument using historical fact and case law that having rules that allow “card check” undermine employee free choice. Taubman concludes that “all MNB rules, regulations and policies should mandate the secret-ballot election process and entirely forbid ‘card checks.’”

The full document can be downloaded here.

4 Sep 2008

Todd Palin is Inadvertantly Bankrolling Union Smears and Efforts to Defeat His Wife

Posted in Blog

Many of you probably watched Sarah Palin accept the Republican Party’s Vice Presidential nomination last night. Ironically, her husband – a member of the United Steelworkers (USW) union – is actually funding efforts to smear and defeat her.

Today, National Right to Work Foundation President Mark Mix released an open letter (.pdf) to Todd Palin, informing him that he has the right to cut off the forced union dues being used to defeat a McCain-Palin ticket. Here’s the key quote:

We understand you are a member of the United Steelworkers of America union. While I’m sure you’re excited by your wife’s candidacy for high office, you may be discouraged to learn that the union dues you pay are already being used to defeat her.

When USW union bosses endorsed Barack Obama in June, they pledged to support his campaign using funds collected from union members. Steelworker dues will pay for a variety of political activities throughout the electoral season, and a significant portion of those activities will be aimed at defeating the McCain-Palin ticket.

In fact, at the USW’s 2008 convention, union officials adopted a resolution "vowing to play a key role in electing Obama," thus pledging workers’ dues to the effort to defeat your wife’s candidacy. Moreover, a top USW official whose paycheck you help fund is viciously ridiculing your wife’s candidacy on the Steelworkers’ website, calling Governor Palin’s selection "cynical" and claiming that by choosing your wife "McCain has clearly shown he lacks the judgment to be president."

Here is USW Legislative Director Holly Hart’s (the top USW official cited in the letter) response to Todd Palin’s wife’s candidacy:

Presumptive Republican Presidential Nominee John McCain, on his 72nd birthday, announced a selection that revealed the depths of his cynicism and the shallowness of his judgment – and his disregard for women’s intelligence.

After looking into a pool of vice presidential candidates deep with qualification, he plucked out the least experienced person.

While Alaska does not have a Right to Work law which would make payment of union dues strictly voluntary, under the Foundation-won Supreme Court precedent Communications Workers v. Beck, employees can stop paying forced union dues unrelated to collective bargaining, such as union electioneering.

Unfortunately, millions of other workers are unaware of these rights. Workers wanting to know how to exercise their rights may obtain information and free legal aid here.

29 Aug 2008

National Worker Advocate Issues Labor Day Statement:

Posted in News Releases

Springfield, VA (August 28, 2008) – Mark Mix, President of the National Right to Work Legal Defense Foundation and National Right to Work Committee, made the following statement regarding this year’s Labor Day holiday.

“On Labor Day, many Americans will get a much deserved day off. But as we celebrate the free-enterprise system and the value of hard work, union officials are mounting an unprecedented, billion-dollar campaign effort to grab more forced unionism power. Their goal is to elect a President and a filibuster-proof Senate that will give them even more tools to force workers to join or pay dues to a union.

“Throughout the United States, more than 12 million American workers are already compelled to pay dues or fees to unions as a condition of employment. And millions more workers are required by law to accept a union’s so-called ‘representation,’ even if they would rather negotiate with their employer themselves on their own merits. Today, union bosses are going all out to obtain even more special privileges to help bolster their forced-dues-paying ranks.

“Organized labor is intent on passage of several sweeping bills – including the Card Check Forced Unionism Bill, which would make workers even more vulnerable to union intimidation during union organizing drives, and the Police and Firefighter Monopoly Bargaining Act, which would force hundreds of thousands of America’s first responders into union collectives by federal fiat. The National Right to Work Committee is mobilizing its 2.2 million members to combat these and other bills intended to corral even more workers into forced unionism.

“Meanwhile, many workers feel they have little choice but to pay for organized labor’s billion-dollar 2008 election campaign, and many workers are unaware of their right to object. That’s why the National Right to Work Legal Defense Foundation is providing free legal aid to thousands of employees nationwide seeking to get their money back. In fact, in October Foundation attorneys will argue their fourteenth case accepted by the U.S. Supreme Court – a case which defends the right of workers to refuse to pay for union activism using their mandatory union dues.

“This Labor Day, we commend those courageous American workers who are standing up to union intimidation, harassment, and even violence as they defend their cherished freedoms of conscience, speech, and association. And we work toward the day when no American is forced to pay tribute to an unwanted union.”

An audio clip of President Mix’s statement is available here.

29 Aug 2008

NEA Bigwig Owes Teachers an Apology

Posted in Blog

Considering the record electioneering by Big Labor in 2008, it should be no surprise that union bosses were well-represented at this week’s convention. NEA President Reg Weaver was one of the many union officials awarded for his union’s political expenditures with a prime speaking slot.

Larry Sand, a teacher for 27 years and former NEA member, sent Weaver an e-mail after listening to a gross misrepresentation of reality in Weaver’s DNC speech:

In the first paragraph you say, "I am here today on behalf of 3.2 million NEA members to tell you why we support Barack Obama for President of the United States." Wait a minute. It sounds as if all 3.2 million members of the NEA are supporting Obama. Then in the last sentence, you leave no doubt. "That, my friends, is why the 3.2 million members of the National Education Association are organized, energized and mobilized to help elect Barack Obama as the next president of the United States of America." This last statement is an outrage.

You have been quoted on more than one occasion that "the NEA is one-third Republican," which means that there are over one million Republican NEA members. It is audacity of the highest order to state unequivocally that these people will be "organized, energized and mobilized" to vote for a Democrat. I have been a classroom teacher for over 27 years and for many of those an NEA member, before resigning from the "Association" several years ago. I would strongly urge you to issue an apology to those Republicans still in the NEA and the American public in general for what really is a ludicrous statement.

If Weaver ever gets around to apologizing, he shouldn’t only do so to the million-plus members who are Republicans since as many more are independents. Not to mention the countless Democrats who aren’t in lockstep with the radical agenda of Weaver and the NEA’s top brass — many who may not even be supporters of Reg Weaver’s presidential pick. And remember, these teachers are forced to finance the NEA’s political activism.

As it happens, Mark Mix, President of the National Right to Work Foundation, has an op-ed on the problems of teacher union monopoly power in today’s Pittsburgh Tribune-Review. Also check out this column in the Providence Journal from Gary Beckner, executive director of the Association of American Educators, a nonprofit professional teachers association that is entirely voluntary.

29 Aug 2008

Happy Labor Day! (But It’s Not So Happy for the Millions of Victims of Compulsory Unionism)

Posted in Blog

On behalf of the Foundation, I’d like to wish everyone a safe and happy Labor Day weekend. While I hope everyone enjoys their day off, now seems like an appropriate time to flag Foundation President Mark Mix’s statement commemorating the occasion. Here’s an excerpt:

“Meanwhile, many workers feel they have little choice but to pay for organized labor’s billion-dollar 2008 election campaign, and many workers are unaware of their right to object. That’s why the National Right to Work Legal Defense Foundation is providing free legal aid to thousands of employees nationwide seeking to get their money back. In fact, in October Foundation attorneys will argue their fourteenth case accepted by the U.S. Supreme Court – a case which defends the right of workers to refuse to pay for union activism using their mandatory union dues.

“This Labor Day, we commend those courageous American workers who are standing up to union intimidation, harassment, and even violence as they defend their cherished freedoms of conscience, speech, and association. And we work toward the day when no American is forced to pay tribute to an unwanted union.”

Read the rest of the statement (and download it as an Mp3) here or simply play the YouTube below from the Foundation’s YouTube channel:

27 Aug 2008

Video: Don’t Back Down

Posted in Blog

Workers from across the country have received free legal assistance from the National Right to Work Foundation. Now they’re speaking out to encourage others to stand up for their rights in this latest Right to Work video:

As always, check back at the Foundation’s YouTube channel for more Right to Work video updates. Many of the workers featured in this week’s segment have appeared in previous Foundation video interviews describing their stories in greater detail.