School Bus Driver Files Federal Charges Against AFSCME Union Officials for Discriminating against Nonunion Employees
Indianapolis, IN (February 1, 2010) – With free legal assistance from the National Right to Work Foundation, an Indianapolis bus driver has filed federal unfair labor practice charges challenging American Federation of State, County and Municipal Employees (AFSCME) Local 3826 union officials’ discriminatory workplace practices.
Barry Hickman is a bus driver employed by First Student in Indianapolis, Indiana. As an employee in a unionized workplace, he is forced to accept union monopoly bargaining and pay certain union dues to Local 3826. Hickman was also involved in a prolonged legal battle to opt out of paying dues for union political activism, which was finally resolved in 2009 when AFSCME officials acknowledged his right not to fund their political activities.
However, Hickman and similarly situated employees have been targeted for workplace discrimination by union officials. AFSCME bosses are retaliating against Hickman and his coworkers because they previously filed unfair labor practice charges against the union with the assistance of National Right to Work Foundation staff attorneys.
At issue in these new charges is a scheme to manipulate First Student’s extra trip list to artificially limit the earnings of Hickman and other employees who object to the union’s activities. The trip list assigns First Student drivers additional compensation for driving trips beyond scheduled routes. Union officials manipulated the list to limit nonunion drivers’ access to extra trips. When Hickman asked to review the extra trip list, union officials told him to get a lawyer.
Hickman’s charges allege that these practices violate the National Labor Relations Act and the union’s duty of representation, which grants union officials the power to ‘represent’ all workers in a bargaining unit, regardless of their union membership status. The charges will now be investigated by the National Labor Relations Board (NLRB).
“AFSCME union bosses are always eager to keep independent-minded workers in line and paying forced dues, and this discriminatory policy is just one more ugly example of how employees who bravely stand up to union intimidation are treated,” said Patrick Semmens, legal information director of the National Right to Work Foundation. “Mr. Hickman shouldn’t have to ‘get a lawyer’ to ensure he’s treated fairly on the job, but union bosses forced his hand.”
“Ultimately, passing a Right to Work law in Indiana would go a long way towards curbing this type of ugly retaliation by union bosses against the employees they claim to represent,” Semmens continued.
Right to Work Foundation Announces New Addition to Legal Team
Washington, DC (February 26, 2010) – The National Right to Work Legal Defense Foundation announced today that it has hired Erin Elizabeth Smith of Georgetown, Texas, as an addition to its legal staff.
Smith is a recently sworn in member of the North Carolina State Bar and 2009 graduate of the Wake Forest University School of Law in Winston-Salem, NC.
“Erin Smith brings to the Foundation a real commitment to defending and advancing individual liberty against the looming threat of compulsory unionism,” said Ray LaJeunesse, vice president and legal director of the National Right to Work Foundation.
“She will assist the Foundation’s burgeoning, cutting-edge legal strategies to blunt Big Labor’s well-funded, politically-connected attack on individual worker rights – including its coercive ‘card check’ forced union organizing and misuse of compulsory dues for politics.”
As the newest of the Foundation’s eleven staff attorneys, Smith will help build on the Foundation’s litigation record for union-abused workers that includes 14 cases at the United States Supreme Court, seven of which were won in whole or in part. Currently, National Right to Work Foundation attorneys represent thousands of employees in over 200 active cases nationwide.
Before joining the Foundation, Smith served as an intern for both the National Labor Relations Board regional office and for a federal public defender in Winston-Salem. She also was a law clerk for Davis & Hamrick, LLP of Winston-Salem and for the Institute for Justice in Washington, DC.
Smith holds bachelors degrees in History and Political Science from Wake Forest University, where she graduated with honors. She was also a member of the legal honor society Phi Alpha Delta and an executive staff member of the Wake Forest Journal of Intellectual Property Law.
Teacher Challenges School Policy that Discriminates Against Nonunion Teachers during Professional Hearings
Miami, FL (April 1, 2010) – With free legal assistance from the National Right to Work Foundation, a Miami-Dade public school teacher has filed unfair labor practice charges challenging a discriminatory policy that prevents nonunion teachers from using representatives of their own choosing during school investigatory interviews.
Shawn Beightol, a veteran chemistry teacher at Michel Krop Sr. High School, was told to report to the Miami-Dade County Office of Professional Standards (OPS) to discuss a possible violation of the school’s email policy last October.
The United Teachers of Dade (UTD) union is the exclusive bargaining agent for the Miami-Dade School District. However, Beightol is a member of the Professional Educations Network of Florida (PENFL), a nonunion teachers association. Although Beightol brought a representative from the PENFL to the October hearing, school officials refused to allow his advisor to participate.
Beightol’s charges allege that the Miami-Dade School District and UTD union officials unfairly discriminate against nonunion teachers by denying them the opportunity to bring private counsel to professional hearings. Although UTD members are entitled to union counsel at investigatory conferences, the teachers’ contract – negotiated by union officials with the school district – forbids private attorneys. This practice effectively discourages teachers from leaving UTD or joining a voluntary teacher association instead of the union.
Florida law explicitly prohibits public employers from encouraging union membership through discriminatory workplace practices. Florida’s popular Right to Work Law also guarantees that no employee – public or private – can be coerced into joining a union or paying union dues.
“This policy is nothing more than an underhanded way to force reluctant teachers into union ranks,” said Patrick Semmens, legal information director for the National Right to Work Foundation. “Union bosses and complicit public school administrators use these discriminatory policies to bludgeon nonmember teachers and voluntary teacher associations for offering workplace alternatives to union monopoly bargaining.”
Beightol’s charges will now be investigated by the Florida Public Employees Relations Commission in Tallahassee.
National Labor Relations Board Announces Rules to Limit Union Boss Tactics Trapping Workers in Unions They Oppose
Today the National Labor Relations Board (NLRB) announced rulemaking to change its policies that permit union officials to block workers from holding decertification votes to remove unions. The alterations incorporate standards established in past NLRB cases argued by Foundation staff attorneys, and urged in comments submitted by staff attorneys to the Board.
National Right to Work Foundation President Mark Mix issued the following comments regarding the NLRB’s move:
“For years union officials have used a wide range of tactics to suppress the right to vote out a union that is opposed by a majority of workers. Today’s announced rules are a good first step in what needs to be a larger series of reforms that put the rights of workers ahead of the coercive legal powers that have been granted to union bosses. That Big Labor will oppose these proposals that simply make it easier for workers to vote for or against unionization in secret ballot elections demonstrates how much their power derives from legal trickery and not from the voluntary support of rank-and-file workers.”
The announced changes include the elimination of a «bar» blocking workers from voting out a union for a period of time after a union has been installed through a controversial «card check» process and reforms to the NLRB’s «blocking charge» policy that permits union officials to file Unfair Labor Practice charges that then block workers’ right to hold a decertification election, sometimes for years. Both of the proposed changes are reforms that Foundation staff attorneys have long pushed for, including in comments to the NLRB on the election rules submitted in April 2018.
Over the years, Foundation staff attorneys have litigated dozens of cases at the NLRB for workers whose petitions for decertification votes were not processed because of the two policies.
