Majority of employees signed petition demanding Commission stop bargaining with SEIU; success follows months of union stonewalling

Welch, WV (November 14, 2025) – Following an effort lasting more than a year, employees of senior homecare nonprofit McDowell County Commission on Aging have successfully freed themselves from the control of Service Employees International Union (SEIU) 1199 officials. Commission employee John Reeves spearheaded the union removal effort with free legal aid from National Right to Work Foundation staff attorneys.

The success follows Reeves’ submission of a petition in which the majority of his fellow employees demanded that their employer stop recognizing the SEIU as their exclusive “representative.” Reeves submitted the petition to Commission management in late October. Under the National Labor Relations Act (NLRA), an employer may not engage in bargaining with union officials that lack majority support in a workplace. Commission management announced on November 4 that they had withdrawn recognition from the SEIU union.

West Virginia is a Right to Work state, meaning that union officials cannot enforce contracts that require workers to pay dues or be fired. In contrast, in states like neighboring Pennsylvania and Ohio that lack Right to Work protections, union officials can mandate dues or fees as a condition of getting or keeping a job. However, in both Right to Work and non-Right to Work states, union bosses have exclusive representation power over every worker in a unionized workplace, even those who voted against or otherwise oppose the union.

SEIU Officials Used Litigation to Block Workers From Voting

The effort by Commission employees to oust SEIU union bosses started back in June 2024, when Reeves submitted a union decertification petition to the National Labor Relations Board (NLRB). The NLRB is the federal agency responsible for enforcing federal labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions.

Commission management and SEIU chiefs agreed to the terms of a union decertification vote, which Reeves and his coworkers participated in on July 9, 2024. However, NLRB officials held up the ballot count, claiming that SEIU officials had unfair labor practice charges pending against Commission management.

After six months of delays, Commission officials and SEIU union bosses announced they had reached a settlement in the unfair labor practice case – but a provision of that settlement stipulated that they would “not entertain a new decertification for a…period of four months.” A regional NLRB official approved this settlement in its entirety, effectively tossing out Reeves’ and his coworkers’ ballots. Reeves urged the NLRB in Washington, DC, to reverse this decision, as the regional NLRB had never proven the alleged unfair labor practices, nor had the Commission admitted to them in the settlement.

As of November 2025, Reeves’ appeal was still pending, but he and his coworkers have now successfully removed the union through a different process.

“Mr. Reeves’ and his coworkers’ situation shows that, in practice, NLRB bureaucrats will frequently stifle workers’ rights simply to advance the interests of union officials or management,” commented National Right to Work Foundation President Mark Mix. “That is antithetical to the overarching purpose of federal labor law, which is to protect workers’ free choice, not protect incumbent union bosses’ power.

“Currently, the union decertification process is overly complex and prone to legal manipulation, delays, and derailment,” Mix added. “It is in dire need of reform, and both the NLRB and federal legislators have a role to play to prevent workers from being trapped under union so-called ‘representation’ opposed by a majority of employees.”

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 about 200 cases nationwide per year.