Vendor at Fenway Park receives back pay after federal labor charges following his termination for exercising legal right to refrain from union membership
Boston, MA (October 29, 2018) – With free legal aid from the National Right to Work Legal Defense Foundation, a service worker at Fenway Park in Boston has secured back pay for lost wages after he was fired for exercising his legal right to resign from formal union membership.
The worker is an employee of food service provider Aramark, which is contracted to provide vending services for the Red Sox at Fenway. According to charges filed with the National Labor Relations Board (NLRB), he was fired for resigning from the Service Employees International Union (SEIU) Local 32.
Under the National Labor Relations Act (NLRA), employees have the right the refrain from union membership and activities. Although Massachusetts is not a Right to Work state and does not protect employees from being forced to pay union fees to keep their jobs, it is illegal under the NLRA for an employer to discriminate or terminate an employee for exercising his legal right to resign from the union.
As is his legal right, in August, he resigned his union membership with SEIU only to be informed of his termination. Soon after, he reached out for free legal aid from National Right to Work Legal Defense Foundation staff attorneys who filed a federal unfair labor practice charge with the NLRB for the wrongful termination due to the illegal forced membership demand.
After the charges were filed, Aramark representatives quickly backed down and reinstated his employment rather than be liable for the wages he lost as a result of an illegal termination. Later, he received nearly $300 in back pay for the two work days he lost before being reinstated.
“In a home run for worker freedom, a Fenway Park vendor has now received recompense after he was wrongfully fired simply for exercising his legal right to refrain from union membership,” said Mark Mix, President of the National Right to Work Legal Defense Foundation. “Unfortunately, until Massachusetts passes a Right to Work law making union membership and financial support completely voluntary, we will continue to see workers victimized by greedy union bosses and compliant employers willing to threaten workers for union officials.”
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in more than 250 cases nationwide per year.