5 Jun 2022

Courageous Tennessean Wins Big in Union Discrimination Suit

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30 May 2022

Full Foundation Action March/April 2022 Newsletter Now Online

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29 May 2022

After 18 Months, Mountaire Farms Workers Finally Oust Union

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26 May 2022

Casino Worker Challenges Order Installing Unwanted Union via ‘Card Check’

LAS VEGAS, NV – A large
majority of the workers at Red Rock
Casino in Las Vegas, Nevada voted
“no” to unionization, but a federal
district court judge ordered their
employer to bargain with union
officials anyway. Casino officials
appealed, and Red Rock employee
Raynell Teske supported their efforts
to overturn the judge’s coercive order
that overrides the choice workers
made at the ballot box.
With free Foundation legal aid,
Teske filed a brief arguing that the
district judge had no reason to
impose a union onto workers who
had already soundly voted to reject
it. A Ninth Circuit panel denied the
initial appeal, but issued an unusual
concurring opinion in which all
three judges said they disagreed with
that outcome, but were bound by
Ninth Circuit precedent to uphold
the district judge’s order.
Binding precedent can only be
overturned through an en banc
hearing before a larger Ninth Circuit
panel. Red Rock lawyers filed for an
en banc rehearing of their appeal.The
court then ordered National Labor
Relations Board (NLRB) lawyers
defending the order to respond,
another signal the judges may be
willing to overturn this ridiculous
precedent and rule in the workers’
favor. Teske filed a second amicus
brief, urging the court to hear the
case en banc.
Judge Overrides Workers’
Vote Against Union
‘Representation’
The situation at Red Rock began in
December 2019, when the NLRB held
a secret-ballot election on whether
to unionize the Casino’s workers.
Employees rejected union officials’
effort to become their monopoly
bargaining “representatives” in an
NLRB-supervised vote by a nearly
100-vote margin. Despite that
outcome, NLRB Region 28 Director
Cornele Overstreet sought a federal
court injunction imposing the union
over the workers’ objections.
On July 20, 2021, District Judge
Gloria Navarro agreed with the
NLRB Director’s request, and
ordered Red Rock to bargain with
union officials despite the employees’
vote against unionization. The judge
said the order was justified because
union officials claimed that, before
the vote, a majority of workers had
signed union authorization cards.
Teske’s amicus briefs argue those
“Card Check” signatures don’t prove
that union officials ever had majority
support. She contends the level of
union support was tested fairly by
the secret-ballot election, in which
workers voted 627-534 against
unionization.
Her briefs point out that the
NLRB and federal courts have long
recognized that secret ballots are a
more reliable way of gauging worker
support for a union, because workers
are often pressured, harassed, or
misled by union organizers into
signing cards.
Unions officials know that Card
Check signatures do not indicate
solid worker support. The AFL-CIO
admitted in its internal organizing
handbook that it needed at least 75%
Card Check support before having
even a 50-50 chance of winning a
secret-ballot election. Union bosses
prefer Card Check unionization
because they can more easily take
control of workplaces where they
lack popular support, and partisan
NLRB appointees now are working
to grant their wish.
Partisan NLRB Pushes
Unreliable ‘Card Check’
Past legislative attempts to enact
Card Check unionization, including
the so-called “PRO Act,” pending
in the U.S. Senate right now, faced
bipartisan opposition. However,
NLRB General Counsel Jennifer
Abruzzo, a former high-ranking
union lawyer, believes she can
implement Card Check without
congressional approval. Abruzzo has
expressed interest in resurrecting
a decades-old NLRB doctrine that
allows unions to sue employers to
try to force them to automatically
bargain whenever the union
possesses a pile of untested union
cards.
“There is no reason why district
court judges or NLRB bureaucrats
should be able to override workers’
choice at the ballot box,” said
National Right to Work Foundation
Vice President Patrick Semmens. “A
favorable ruling for Raynell Teske
and her colleagues could provide
legal ammunition for future workers
if the NLRB tries to force them to
accept union officials for whom they
never even had a chance to vote.”

22 May 2022
21 Apr 2022
16 Apr 2022
10 Apr 2022

NYC Car Wash Workers Kick Out Unwanted RWDSU Union Officials

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9 Apr 2022

Case Closed: Nurse Prevails in 11-Year Legal Fight Over Forced Dues

WARWICK, RI – Jeanette Geary finally achieved a total victory in her 11-year legal battle against union bosses. She and 99 other current and former nurses at Kent Hospital in Rhode Island received refunds of forced dues that were illegally used to support union lobbying in state legislatures. Foundation attorneys represented Geary throughout her fight. Geary’s journey began when she grew frustrated with United Nurses and Allied Professionals (UNAP) union bosses in her workplace. “I realized what the union was doing,” Geary explained. “The union leadership had no interest in nurses or our professional work. Their only interest was collection of dues and fees.” Geary resigned her union membership, but union dues were still extracted from her paycheck because Rhode Island is a forcedunionism state that lacks Right to Work protections. However, thanks to the Foundation-won CWA v. Beck Supreme Court decision, nonmember workers can only be forced to pay fees for union activities “germane” to union monopoly bargaining. They cannot be forced to pay the portion of dues that funds activities like union lobbying. Nurse Harassed for Standing Up to Union Bosses Geary demanded a breakdown of the union’s expenditures, but union bosses refused to give her a legally required independent auditor’s verification of how they calculated non-members’ reduced forced fees. Like many who speak up against union bosses, Geary became a target for union harassment. “They laughed at me. They had their workplace reps ridicule me on the job and tell me I could file grievances that would be thrown away and said so with a big smile,” Geary recalled. In 2009, Geary filed federal charges against union officials. The trial revealed UNAP officials were charging non-member nurses for lobbying in state legislatures. Despite the Supreme Court’s clear mandate in Beck that non-members’ money could not be used to fund political causes, union lawyers argued the lobbying was “germane” to the union’s monopoly bargaining. Thanks to delays caused by President Obama’s illegal recess appointments to the National Labor Relations Board (NLRB), Geary had to file two petitions with the U.S. dues can’t be taken from public workers without a freely given waiver of these rights, the Ninth Circuit Court of Appeals let “escape periods” survive in each of these cases. The majority of these cases are class-action lawsuits, and thus seek to reclaim for both petitioners and their coworkers money union bosses seized from their paychecks after they resigned union membership and tried to exercise Janus rights. AGs from Alaska and 15 Other States Aid Worker Fight Against ‘Escape Periods’ Even though the Alaska employees’ case names the State of Alaska a defendant for its role in enforcing “escape periods,” the state government’s top lawyer — Attorney General Treg Taylor — filed a brief backing the employees’ opposition to the restrictive schemes. The State of Alaska, “although appearing as a respondent here, urges the Court to grant the petition to protect the First Amendment rights of government employees in Alaska and throughout the country,” the brief says. Taylor is also defending an Alaska executive order forbidding “escape periods,” which is currently enjoined in state court. Additionally, West Virginia Attorney General Patrick Morrisey and attorneys general from 14 other states submitted an amicus brief in late November throwing the weight of their states behind the Alaska workers. “All over the country, American public workers are making it clear that they will not stand by while union bosses and their allies in government play deceptive games with their First Amendment Janus rights, just so they can fill union coffers with more money from dissenting workers,” commented National Right to Work Foundation President Mark Mix. “This message should now be overwhelmingly evident to the Supreme Court, which has an opportunity to rectify lower courts’ gross misinterpretations of Janus, and clarify that public workers’ First Amendment rights can’t be limited to arbitrary windows created by union bosses or their political allies designed to undermine workers’ rights recognized in the Janus decision.”

31 Mar 2022