Detroit, MI (April 16, 2013) – Four Michigan workers have moved to intervene in a Big Labor-backed federal lawsuit challenging Michigan’s newly-enacted Right to Work law, which frees workers from paying union dues just to get or keep their jobs.

With free legal assistance from National Right to Work Foundation staff attorneys, workers Terry Bowman and Brian Pannebecker, who work for Ford Motor Company in Ypsilanti and Sterling; Aaric Aaron Lewis, who works for AT&T in Kalamazoo; and Robert G. Harris, who works for Aunt Millie’s Bakery in Jackson, filed the motion to intervene today in the United States District Court for the Eastern District of Michigan. The four workers are forced to financially support a union in order to keep their jobs.

If granted, the workers’ motion to intervene would make them full participants in the lawsuit.

In February, the Michigan State AFL-CIO union, the union-affiliated group Change to Win, and the AFL-CIO-affiliated Michigan State Building and Construction Trades Council union filed a federal lawsuit claiming that federal labor law preempts Michigan’s Right to Work law.

However, federal labor law explicitly gives states the power to pass Right to Work laws. National Right to Work Foundation staff attorneys have successfully defended state Right to Work laws from union-backed challenges numerous times, and the U.S. Supreme Court has long held that state Right to Work laws are constitutional.

Chicago, IL (April 17, 2013) – With free legal aid from National Right to Work Foundation staff attorneys, 15 additional Caterpillar (NYSE: CAT) workers have filed federal charges against a local Machinist union for violating their rights and levying retaliatory strike fines against them in the wake of last summer’s union boss-instigated strike against Caterpillar.

The 15 workers join 24 other workers who filed similar charges late last month and two who filed charges late last year with free legal assistance from Foundation attorneys.

On May 1, 2012, International Association of Machinists (IAM) District Lodge 851 union bosses ordered all of the over 800 Joliet Caterpillar workers on strike. The 41 workers who have filed charges to date were among the over hundred workers who worked despite the IAM union boss demands.

Under federal law, workers who are not voluntary union members are exempt from the union hierarchy’s constitution and bylaws and thus cannot be disciplined for continuing to work during a union boss-ordered strike. However, IAM Local 851 union bosses recently levied fines totaling hundreds of thousands to over a million dollars against the workers for continuing to work during the strike.

Some workers allege that they were never truly voluntary union members because IAM Lodge 851 union officials never informed them of their right to refrain from union membership. Some workers were even illegally told that union membership was mandatory as a condition of their employment when they tried to resign membership. Others have additional defenses.

Some workers allege that union officials gave them permission that it was acceptable to go back to work to continue to support their families. One worker alleges that union militants threatened him with violence if he returned to work. Two others allege union officials illegally charged them for union dues at times when they were briefly laid off from their jobs at Caterpillar.

«As more abused Caterpillar workers come forward, the pattern of rights abuses perpetrated by IAM union bosses becomes clearer,» said Mark Mix, President of the National Right to Work Foundation. «The ugly aftermath of the Caterpillar strike underscores the need for an Illinois Right to Work law. IAM union bosses have become so mad with their forced-dues power that it appears their standard operating procedure is simply to intimidate and otherwise violate the rights of Caterpillar workers who do not toe the union line.»

Twenty-four states have Right to Work protections for workers. Public polling shows that nearly 80 percent of Americans and union members support the principle of voluntary unionism.

Beckley, WV (April 22, 2013) – A Pennsylvania construction company and a local union are facing a federal prosecution for violating the rights of a former truck driver/laborer and illegally seizing union dues from workers’ paychecks for the union’s political action committee (PAC).

With free legal assistance from National Right to Work Foundation staff attorneys, Jeff Richmond of Meadow Bridge, WV, filed federal unfair labor practice charges with the National Labor Relations Board (NLRB) against Penn Line Service, Inc. and the Laborers International Union of North America (LIUNA) Local 453.

In July 2012, when Penn Line Service hired Richmond, company management informed him that the job was a «union job.» Between July and October, the company confiscated, and the LIUNA hierarchy accepted, full union dues from Richmond’s paychecks even though he had not joined the union nor given prior authorization for the company to take full union dues from his paychecks.

In October, company management gave Richmond and his coworkers a union membership and dues deductions authorization form. The form included a section for the employees to authorize «voluntary» contributions to LIUNA’s political action committee, the Laborers’ Political League, and the West Virginia Laborer’s District Council PAC.

Richmond signed up for union membership because he thought it was required for him to keep his job. Richmond did not, however, authorize the «voluntary» PAC contributions. Shortly thereafter, Richmond was discharged from his job for refusing to sign up for the union PAC contributions.

Under federal law, no worker can be forced to join a union. However, because West Virginia does not have a Right to Work law, workers who refrain from union membership can be forced to pay union dues or fees as a condition of employment. The U.S. Supreme Court ruled in the Foundation-won Communications Workers v. Beck case that nonmembers may not be forced to pay for union activities unrelated to workplace bargaining, such as union political activities and members-only events.

The NLRB issued a formal complaint against the union and the company. A hearing is set for June 4, 2013.

«Bulldozing someone into contributing to a union PAC that violates their sincerely-held beliefs is a clear violation of federal law,» said Mark Mix, president of the National Right to Work Foundation. «No worker should ever be forced to pay union dues or fees for a cause in which they disagree. That is why West Virginia needs to pass a Right to Work law making union membership and dues payments completely voluntary.»

In an ongoing Foundation case, seven additional Caterpillar (NYSE: CAT) workers have filed federal charges with the National Labor Relations Board (NLRB) against a Chicago-area Machinist union for violating their rights and levying retaliatory strike fines against them.

The seven workers join 41 other workers who have filed similar charges to date with free legal assistance from Foundation attorneys. The charges come after International Association of Machinists (IAM) District Lodge 851 union bosses ordered over 800 Joliet, Illinois Caterpillar workers on strike. Over a hundred workers continued to work despite the IAM union boss-instigated strike.

Under federal law, workers who are not voluntary union members are exempt from the union hierarchy’s constitution and bylaws and thus cannot be disciplined for continuing to work during a union boss-ordered strike. However, IAM Local 851 union bosses recently levied fines totaling over a million dollars against the workers for continuing to work during the strike.

Two workers’ charges were settled in December, and the remaining 46 workers whose cases have not been resolved all allege that they were never truly voluntary union members. Multiple workers allege that union militants also threatened them with violence, and one alleges that union militants physically assaulted his wife and child.

For more information about this and other Right to Work Foundation cases, please stay tuned to the Foundation’s Freedom@Work blog.

Update 5/10/13: With free legal assistance from the Foundation, two more workers filed charges on May 10. This brings the total charges to date to 50, 48 of which are pending with the NLRB.

Federal Appeals Court Strikes Down NLRB Rule to Push More Workers into Union Ranks

Right to Work Foundation fights Labor Board’s decision to promote monopoly unionism in virtually every workplace in America

Washington, DC (May 7, 2013) – Today, the U.S. Court of Appeals for the District of Columbia struck down the National Labor Relations Board’s (NLRB) controversial new rule requiring virtually every private-sector employer in the country to post one-sided information about employee rights online and in the workplace, even if the employer had never been accused of unfair labor practices.

Mark Mix, President of the National Right to Work Foundation, made the following statement in the wake of the ruling:

"National Right to Work Foundation attorneys argued that the NLRB had exceeded its authority granted by Congress.

"We are pleased that the D.C. Circuit has reined in one of the NLRB’s more outrageous efforts to expand itself into a taxpayer-funded union organizing operation by holding that the federal agency cannot compel private entities to post pro-union messages in their workplaces.

"The NLRB’s unprecedented actions infringed upon free speech and clearly exceeded the agency’s statutory authority. This is a good day both for workers and all who value workplace independence and free speech."

Ravenswood Steelworker Union Hierarchy Faces Federal Charges in Wake of Strike Intimidation

Union officials threaten workers who refused to abandon their jobs

Ravenswood, WV (May 9, 2013) – Four Constellium Rolled Products workers have filed federal charges against a local Steelworker union in the wake of last summer’s union-instigated strike against the company.

With free legal assistance from National Right to Work Foundation staff attorneys, the Constellium employees filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

The four workers resigned their union membership in the United Steelworkers (USW) Local 5668 union before they continued to work during the strike. Under federal law, workers who refrain from union membership are exempt from the union hierarchy’s constitution and bylaws and thus cannot be disciplined for continuing to work during a union boss-ordered strike.

In late March, the four workers received threatening letters from USW Local 5668 union officials stating that the union hierarchy intends to levy retaliatory strike fines against the workers at «the maximum penalty allowed.» Union officials also stated that the workers will be placed «at the bottom of the seniority list,» which is a clear violation of federal labor law.

Click here to read the full release.

Nurse Union Faces Federal Suit for Selling out Workers

Union organizers’ intimidation sways outcome of unionization election

Massillon, OH (May 14, 2013) – Four local nurses have filed a federal lawsuit against the National Nurses Organizing Committee (NNOC) union for violating its duty of fair representation by striking a backroom deal with company management in exchange for its assistance with unionizing its nurses.

With free legal assistance from National Right to Work Foundation staff attorneys, Affinity Medical Center nurses Cinda Keener, Susan Kelley, Ryan Chizmadia, and Katherine Manfull filed the lawsuit with the U.S. District Court of the Northern District of Ohio Eastern Division in Akron.

NNOC union organizers and Community Health Systems (CHS) management entered into a «neutrality agreement» designed to help the union organizers impose monopoly bargaining on all the nurses at Affinity and at least two other CHS hospitals. In the agreement, union organizers were given preferential access to the facility and conducted a «quicksnap» unionization election.

Click here to read the full release.

Teamster Union Faces Charges for Papering Over Indy Domtar Workers’ Rights

Union and company officials ignore Indiana’s Right to Work law

Indianapolis, IN (May 15, 2013) – Six Indianapolis-area Domtar Paper Company (NYSE: UFS) workers have filed federal charges against a local Teamster union and the company for violating their right to refrain from dues-paying union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Broatus Lambert, Lawrence Langworth, Christopher McKay, Kenneth Rosenfeld, Kevin Schrader, and William Schwier filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

The six workers all exercised their right under Indiana’s recently-enacted Right to Work law to refrain from membership and dues payments in the Teamster union-affiliated Graphic Communications International (GCI) Union, Local 17M. Under Indiana’s Right to Work law, no worker can be required to pay union dues as a condition of employment.

Click here to read the full release.

Washington, DC (May 7, 2013) – Today, the U.S. Court of Appeals for the District of Columbia struck down the National Labor Relations Board’s (NLRB) controversial new rule requiring virtually every private-sector employer in the country to post one-sided information about employee rights online and in the workplace, even if the employer had never been accused of unfair labor practices.

Mark Mix, President of the National Right to Work Foundation, made the following statement in the wake of the ruling:

"National Right to Work Foundation attorneys argued that the NLRB had exceeded its authority granted by Congress.

"We are pleased that the D.C. Circuit has reined in one of the NLRB’s more outrageous efforts to expand itself into a taxpayer-funded union organizing operation by holding that the federal agency cannot compel private entities to post pro-union messages in their workplaces.

"The NLRB’s unprecedented actions infringed upon free speech and clearly exceeded the agency’s statutory authority. This is a good day both for workers and all who value workplace independence and free speech."

Washington, DC (May 7, 2013) – Today, the U.S. Court of Appeals for the District of Columbia Circuit ordered a consolidation and renewed briefing in three mandamus cases, all of which asked the Court to order the National Labor Relations Board (NLRB) to suspend further action in the wake of the Court’s ruling in Noel Canning invalidating President Barack Obama’s controversial “recess appointments” to the Board.

In Noel Canning, the Court held that the President’s “recess appointments” were invalid because the Senate was not in recess, and because the vacancies the President purported to fill did not “happen” during such a recess, as required by the United States Constitution. Consequently, the Board has lacked a quorum to issue decisions since January 3, 2012, potentially invalidating all NLRB rulings made during that period. The mandamus petitions seek to apply the Noel Canning ruling to cases currently before the NLRB.

One of the three consolidated mandamus petitions was filed by National Right to Work Foundation attorneys on behalf of Jeanette Geary, a former Rhode Island nurse. Geary originally filed an unfair labor practice charge against a local nursing union for illegally forcing her to pay for union lobbying as a condition of employment.

In 2012, a Board panel including two illegal recess appointees held that union officials could require Geary and her coworkers to pay for the union’s lobbying efforts, in clear violation of Foundation-won Supreme Court cases. Instead of issuing a final order which could be appealed in federal court, the NLRB asked for further briefs on the issue of charging non-members for union boss lobbying.

In February 2013, Foundation attorneys filed their petition for a writ of mandamus or prohibition asking the DC Court of Appeals to bar the NLRB from further action in Geary’s case until a valid Board is seated. That petition has now been consolidated with two similar cases, and oral argument is expected in September 2013.

“Illegally-installed Obama NLRB appointees consistently favored the interests of union bosses over the rights of independent-minded workers,” said Mark Mix, President of the National Right to Work Foundation. “We hope this latest development will finally force this illegitimate NLRB to stop operating and stop undermining employees’ right to refrain from supporting Big Labor’s political agenda.”