National Right to Work Foundation Attorney Testifies Before Congress, Spotlighting NLRB Push for Coercive ‘Card Check’
Experienced worker attorney blasts NLRB effort to rewrite the law to eliminate secret ballot votes & trap workers in unions they oppose
Washington, D.C. (May 23, 2023) – Today, National Right to Work Foundation staff attorney Aaron Solem will testify in front of the House Subcommittee on Health, Employment, Labor, and Pensions chaired by Representative Bob Good. Solem’s testimony will highlight the growing issues with the National Labor Relations Board (NLRB) and how the current NLRB and NLRB General Counsel are undermining the rights of workers in order to grant union bosses more coercive power.
Solem’s testimony emphasizes a growing number of NLRB failures to protect employees’ rights in the workplace, including General Counsel Jennifer Abruzzo’s plan to eliminate secret ballot elections and mandate unionization based on coercive “card check.” Solem’s testimony also blasts the NLRB for attempting to repeal restrictions which make it easier for union officials to file “blocking charges,” which can delay or block decertification elections no matter how many workers have signed a petition requesting a vote and opposes the union’s so-called “representation”:
“NLRB General Counsel Abruzzo, the Biden-appointed majority on the NLRB, and even some in this Congress are attempting to undermine employee free choice by ending or limiting the secret ballot. General Counsel Abruzzo is seeking to virtually end secret ballot elections and mandate unreliable, undemocratic union card checks as the primary method of union selection. The Board is also making it harder to oust a minority union by bringing back the disreputed and heavily criticized ‘blocking charge’ policy. This policy will make it harder for individual employees to decertify unwanted unions through secret ballot elections, even if 100% of the employees no longer wish to be represented.”
After highlighting the egregious dissolution of employee rights happening under Abruzzo and the Biden Administration, Solem suggested some reforms Congress could make to strengthen the freedoms of rank-and-file workers, including those he represents in cases before the NLRB:
“Rather than ratify the Board and General Counsel’s attempts to undermine secret ballot elections and entrench unpopular unions, this Committee should look to other solutions. Those solutions should grant employees more choices—ideally, the choice not to be forced to pay dues to a union. At the very least, the solution should guarantee employees a right to vote in a secret ballot election. These are far better solutions than the divisive policies being pursued by the Biden Administration and its politically-motivated appointees to the Board.”
Solem testified alongside former NLRB Member Phil Miscimarra, small business owner Cecil Leedy, and forced union dues-funded CWA lawyer Angela Thompson.
“Union bosses should not be given the power to force workers under their so-called ‘representation’ without even a secret ballot election,” observed National Right to Work Foundation President Mark Mix. “More scrutiny is needed of the Biden NLRB, which time after time seems to be acting like taxpayer-funded organizing for Big Labor, rather than a neutral arbiter of a law that is supposed to protect the legal rights of workers who are opposed to unionization.”
Foundation Helps Healthcare Workers Remove Unwanted Unions
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2022 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Evidence of union boss “serious financial malpractice” exposed as workers seek to vote out SEIU
Nurse Brittany Burgess (front, center) led her fellow Mayo Clinic nurses in decertifying the Minnesota Nurses Association (MNA) union. She’s “extremely grateful” for Foundation support.
DETROIT, MI – Workers across America are increasingly fed up with union bosses’ self-serving so-called “representation.” National Right to Work Foundation legal aid requests are spiking from workers seeking assistance in filing decertification petitions to end union monopoly bargaining control in their workplaces. In 2021 alone, Foundation attorneys provided legal assistance in 54 National Labor Relations Board (NLRB) decertification efforts, which together sought to end union boss control of more than 7,000 workers.
This increased demand has continued in 2022, with healthcare workers in particular seeking the Foundation’s legal aid in exercising their legal right to free themselves from union ranks. In one such ongoing case, Foundation staff attorneys assisted Crystal Harper, an employee at Detroit’s Sinai-Grace Hospital, who along with coworkers battled to oust SEIU Healthcare Michigan union officials.
Harper’s initial petition was rejected after an NLRB regional official dubiously dismissed the petition on the grounds that “Midnight, February 8th” in the union monopoly contract was actually unambiguously a reference to the minute after 11:59 p.m. on May 7. This questionable interpretation of union officials’ sloppily written contract meant that the petition filed on the 8th was actually late under the controversial NLRB-created “contract bar” policy.
Undeterred, that decision was appealed and a second petition for a decertification vote was filed in May after the contract bar had expired and a vote was scheduled. Meanwhile, “substantiated allegations of serious financial malpractice” have come to light involving the SEIU local that were so glaring even SEIU International President Mary Kay Henry couldn’t ignore them, as she was pushed to use the SEIU’s “trusteeship” procedures to oust local officials and take full control of the local.
As a result, in June, Foundation President Mark Mix formally asked the Department of Labor and Department of Justice to investigate the serious allegations of financial and other wrongdoing by SEIU local officials. The letter calling for the federal investigation noted that “any internal SEIU International investigation will be insufficient [given the] long history of union officials attempting to ignore or downplay corruption in their own ranks.”
Foundation Counters Union Legal Tricks to Block Vote
Elsewhere in Michigan, lab technicians at Ascension Providence Rochester Hospital have finally won their effort to be free of unwanted so-called “representation” by union officials of the Office and Professional Employees International Union (OPEIU) Local 40.
During the protracted process, Foundation staff attorneys successfully fought off OPEIU union lawyers’ efforts to block the vote which cited the pending sale of the facility by Ascension to LabCorp as grounds for rejecting the workers’ request for an election. Union lawyers had urged the NLRB regional office to block a vote whether to remove the union on the grounds of an upcoming “cessation of operations” by the employer, a policy previously applied only to certification elections.
In briefs to the NLRB, Foundation staff attorneys countered that union attempts to block the vote were unjustified as a matter of law. Foundation attorneys also noted that the attempt to block the vote was likely a cynical attempt to keep power over the bargaining unit. If the sale ultimately went through, the union would have likely sought to block a decertification vote citing the NLRB-created “successor bar” that insulates union officials from decertification votes after a workplace’s change in ownership.
The Board ultimately rejected the union lawyers’ arguments and scheduled a decertification vote by mail-in ballot. However, rather than go forward with a vote they seemingly knew they were going to lose, OPEIU officials instead disclaimed interest in the unit, finally giving the workers the freedom from unwanted union representation they sought.
Meanwhile in Minnesota, multiple groups of healthcare workers are seeking decertification votes with Foundation legal aid. At the Mayo Clinic Health System in Mankato, Minnesota, approximately 500 nurses filed a petition for a vote to remove the Minnesota Nurses Association (MNA) union, while two separate units of Cuyuna of the lawsuit, Regional Medical Center healthcare workers located at facilities in Crosby, Baxter, Longville, and Breezy Point, Minnesota, filed for decertification votes to free themselves from the SEIU.
Hundreds of Minnesota Nurses Petition to Be Union Free
“I’m extremely grateful to have the free legal assistance of the National Right to Work Foundation in fighting for our right to hold a vote to remove the union,” commented Mayo Clinic Mankato nurse Brittany Burgess. “I can’t wait until the day when we are all finally free of the MNA.”
One likely reason for the increased decertification activity is Foundation-advocated reforms that were adopted by the NLRB in 2020 to curtail union officials’ abuse of so-called “blocking charges,” which they use to delay or block workers from exercising their right to decertify a union. However, with the Biden-appointed NLRB majority recently announcing it was starting rulemaking to overturn those reforms, Foundation staff attorneys are now gearing up to challenge the Biden Board’s attempt to give union bosses more power to trap workers in union ranks they oppose.
“Foundation staff attorneys will continue to assist workers in exercising their rights under federal law to hold decertification elections to remove so-called ‘representation’ opposed by most workers,” commented National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse. “The Biden NLRB is clearly prioritizing union boss power to the detriment of the rights of rank-and-file workers. Look no further than the fact that just as the Board seeks to expand the ability of union officials to impose unionization on workers through coercive ‘Card Checks’ without even secret-ballot votes, it simultaneously plans to make it easier for union lawyers to block workers from holding votes to remove a union.”
