Unfair labor practice charge with federal labor board says Teamsters union illegally limited worker’s right to stop seizure of dues
Omaha, NE (November 15, 2018) – Dairy industry worker Idalberto Jimenez Destrade has filed a federal unfair labor practice charge against Teamsters Local Union 554 for the union officials’ scheme to block him from exercising his legal right to stop paying union dues after resigning his union membership. Destrade filed the charge at the National Labor Relations Board (NLRB) with free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
Destrade works for Lala Branded Products in Omaha. He notified union officials in writing on September 21 that he resigned his Teamsters union membership and revoked authorization for further dues deductions.
Nebraska is one of 27 states with Right to Work laws that make union payments voluntary. Nebraska adopted Right to Work provisions in 1946, among the first states to do so in the country.
Despite Destrade’s request, Teamsters union officials have continued to seize membership dues out of his wages. Union officials cited a union-created policy that arbitrarily limits a worker’s right to end dues payments to just 15 days.
Union officials responded to Destrade in a letter sent on October 24, acknowledging that they had received his request, but that he had missed the 15-day “window period” to revoke his dues check-off authorization between October 5 and October 20. Teamsters officials rejected Destrade’s request to revoke his checkoff authorization because it arrived prior to this so-called “window period.”
However, because union officials waited until just days after their “window period” had ended to provide Destrade with this information, he was then too late to revoke according to the union policy.
The charge alleges that union officials coerced and restrained Destrade from exercising his rights guaranteed under the National Labor Relations Act and seeks legal relief for Destrade and all similarly affected workers subject to the same illegal union policy.
“Union bosses repeatedly resort to so-called ‘window period’ rules to block workers from resigning their union membership and stopping forced-dues deductions,” said Mark Mix, president of the National Right to Work Foundation. “Even in Right to Work states, Big Labor has a long history of utilizing underhanded tactics to deny workers their legal rights and to seize part of the hard-earned wages of workers like Mr. Destrade.”
Foundation staff attorneys have pursued numerous other legal actions for workers across the country after union officials used similar union-enacted “window period” schemes to deny workers’ requests to resign their union membership and stop paying union dues.
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.