Workers file NLRB charges against UFCW union for failing to follow Supreme Court precedent requiring disclosures about dues demands
Washington, D.C. (May 30, 2019) – Two separate unfair labor practice charges just filed with the National Labor Relations Board (NLRB) against two locals of the United Food and Commercial Workers union (UFCW) suggest widespread violations of workers’ legal rights by UFCW union officials.
The charges, filed with free legal aid from the National Right to Work Legal Defense Foundation, state union officials failed to provide legally required breakdowns of how forced union fees were calculated as mandated by the 1988 CWA v. Beck Supreme Court case. Under the National Labor Relations Act and the National Right to Work Foundation-won Beck case, union officials must provide an audited financial breakdown to justify the amount of the union fees that they force nonmember workers to pay as a condition of employment.
Salem, Oregon Safeway employee Harvey Henry filed his NLRB charge against UFCW Local 555. In response to an April 18 letter sent by Henry objecting to full union dues and resigning his membership in the union, UFCW officials acknowledged his letter but simply quoted again what “he owes rather than providing him with the requisite financial ‘breakdown.’”
Similarly, Carolee Buckley, who works at the Plattdeutsche Home Society retirement home in Franklin Square, NY, sent a letter last October to UFCW Local 2013 union officials resigning her union membership and objecting to all dues beyond what union officials can legally require her to pay. Her charge states that, in the nearly seven months since that time, UFCW officials have not given her the required breakdown of how the fees they are demanding she pay are calculated.
The charges are not the only cases currently pending against the UFCW for this type of violation. Last May, a 16-year-old Safeway clerk from Danville, CA filed unfair labor practice charges with the NLRB against UFCW Local 5 for failing to provide him with a breakdown of compulsory fees following his resignation, also with Foundation aid. In April, the NLRB Regional Director issued a complaint against UFCW Local 5 to prosecute the union for violating the clerk’s rights, with a trial set to begin soon.
All three employees work in states – Oregon, New York and California – that lack Right to Work laws, which make union membership and financial support completely voluntary. Despite the lack of Right to Work protections for workers, even in forced dues states union officials must provide certain disclosures to workers to justify the amount of the forced union fees, but the unfair labor practice charges say UFCW union officials are not complying with that requirement.
“As these three cases demonstrate, UFCW union bosses are willing to violate the rights of the very workers they claim to represent, just to fill their coffers with more forced union dues,” said National Right to Work Foundation President Mark Mix. “These cases show why workers nationwide need the protection of Right to Work laws, which make union membership and dues payment strictly voluntary. As long as union officials can force workers to pay even a portion of full union dues as a condition of employment, greedy Big Labor bosses will continue to cook the books and keep workers in the dark about the restrictions on their privileges to force nonmembers to fund their agenda.”
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 around 250 cases nationwide per year.