United Electrical union flees Spartek after majority of workers petition against union

Sparta, WI (September 14, 2023) – Employees from metal manufacturing company Spartek have prevailed in their effort to oust United Electrical Workers (UE) Local 1161 union officials from their facility. Following the workers’ submission of a petition asking National Labor Relations Board (NLRB) Region 18 to hold an election in the workplace on whether the union should be removed, UE union bosses sent a letter to Spartek management disclaiming interest in continuing their control over the workplace.

Spartek employee Carl Berg filed the petition with free legal aid from the National Right to Work Legal Defense Foundation. The petition, which contained signatures from the majority of Berg’s coworkers, exceeded the 30% threshold NLRB rules require to trigger a union decertification vote in a workplace.

Because Wisconsin is a state with Right to Work protections, union officials can’t force private sector employees like those at Spartek to join the union or pay union dues as a condition of getting or keeping a job. In contrast, non-Right to Work states like neighboring Illinois and Minnesota let union officials enter into agreements with employers that compel workers to pay dues as a condition of employment.

But even in Right to Work states, federal law grants union officials the power to impose their “representation” on all workers in a unit, even those who oppose the union or voted against its presence. However, workers can choose to exercise their right to decertify a union they disapprove of.

“UE union officials hadn’t really done anything for us. After making a bunch of promises, they barely showed their faces around the workplace,” commented Berg. “I filed the decertification petition because a majority of my coworkers wanted to remove the UE union, and the fact that the union disclaimed interest so fast probably speaks to the fact that the union officials knew they hadn’t been doing a good job.”

Biden NLRB Seeks to Further Burden Workers’ Right to Decertify Unwanted Unions

In 2020, the NLRB adopted Foundation-backed policy reforms that made the union decertification process less difficult for workers. The reforms, among other things, pared back union officials’ ability to use unverified allegations of employer wrongdoing (also known as “blocking charges”) to stall a worker-requested decertification vote. However, the Biden NLRB has announced that it will soon issue a rule overturning these commonsense reforms.

The repeal of the Election Protection Rule will also let union officials shut down worker attempts to obtain a secret ballot decertification vote for a year after union officials install themselves in a workplace via the so-called “card check” process. This move will be particularly dangerous to workers’ rights now that the Biden-appointed majority on the NLRB has voted to mandate card check recognition. Under the abuse-prone card check process, union officials bypass the NLRB’s traditional secret ballot vote procedures and instead use cards collected directly from workers – often through coercive or intimidating tactics – as “votes” for unionization.

“Workers across the country are successfully exercising their right to kick out unwanted union officials, especially with Foundation aid,” commented National Right to Work Foundation President Mark Mix. “This trend is a threat to the Biden Administration’s union boss political allies, and the Administration has been pursuing a radical agenda to trap workers under unions’ so-called ‘representation’ and increase the influence and dues revenue of its favorite special interest.”

“This agenda is toxic to workers’ individual rights, and Foundation staff attorneys will continue to assist workers in defending their right to decertify a union even amidst this legal and regulatory assault,” Mix added.

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.