Nurse was never informed of her right to object to full union dues as a nonmember and later had union dues illegally seized from her paycheck by union bosses
Seattle, WA (October 9, 2019) – Staff attorneys at the National Right to Work Legal Defense Foundation have just won a settlement for Seattle, Washington-based nurse NancyEllen Elster, after Service Employee International Union (SEIU) 1199NW officials were charged with violating federal labor law by misinforming her about her rights and later enforcing illegal restrictions on her right to stop paying for union political activities and other lawfully “non-chargeable” expenses. The settlement, which validates and remedies her unfair labor practice charge against the union, was approved by the National Labor Relations Board (NLRB) Region 19 in Seattle.
NancyEllen Elster works at Swedish Medical Center in Seattle, which is under the monopoly bargaining power of the SEIU. Because Washington is not a Right to Work state, she can be required to pay fees to the union as a condition of employment, but the Foundation-won CWA v. Beck Supreme Court decision limits this to just the portion of union dues directly germane to bargaining.
Elster reported in her unfair labor practice charge against the union that SEIU officials had never properly apprised her or other workers about this right or provided the independent audit of the union’s calculation of its non-chargeable expenses that is required because of Beck. NLRB prosecutors additionally found that union officials failed to disseminate legally required information about the percentage of union fees employees could pay by abstaining from formal union membership.
Elster recounted in her charge that she sent SEIU bosses a letter in April 2019 resigning her membership and demanding that only the reduced amount of union fees permitted under Beck be taken from her wages. Union officials responded that she had missed a “window period” for Beck objections concocted by the union hierarchy. They also claimed that she would have to submit additional arbitrary paperwork to have her rights recognized. Elster had never been informed of this purported “window period” at any time in the past, but SEIU bosses continued to seize full dues from her paycheck in violation of her rights.
The NLRB settlement, won with free legal aid from Foundation staff attorneys, orders SEIU officials to post notices that the union will no longer “apply [its] window period to become Beck objectors in order to foreclose employees resigning their union membership” or “fail … to reduce the monthly fee payment of objecting nonmembers” to the amount directly related to bargaining purposes. SEIU bosses also must refund to Elster fees they exacted from her paycheck in violation of Beck and inform employees who refrain from formal union membership of “the percentage of the fees reduction” they would receive by exercising their Beck rights.
Elster’s settlement comes on the heels of SEIU 775 in Washington State being forced to refund well over $3 million to home-based healthcare providers in the state who asserted in a 2014 lawsuit that the SEIU had diverted a percentage of Medicaid payments from them to the union in violation of their statutory and constitutional rights.
“Whether it’s a nurse in the private sector like NancyEllen Elster, or just private citizens who provide healthcare at home to relatives, SEIU officials are more concerned with stuffing their bank accounts with illegal forced union dues than respecting the legal rights of those they claim to represent,” commented National Right to Work Foundation President Mark Mix. “Beck provides at least a check on this coercive power for private sector workers, but Foundation staff attorneys will keep fighting until no workers in America are forced to sacrifice part of their paychecks to union bosses they oppose.”
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.