Right to Work Foundation Brief: 2018 Janus Decision Means Union “Release Time” Violates AZ Constitution’s Gift Clause
Brief supports challenge pending at Arizona Supreme Court against Phoenix’s scheme to subsidize inherently political union activities with tax dollars
Phoenix, AZ (December 14, 2023) – The National Right to Work Foundation has just filed an amicus brief in Mark Gilmore v. Kate Gallego, a case currently pending before the Arizona Supreme Court. In the case, Phoenix city employees Mark Gilmore and Mark Harder are suing Phoenix Mayor Kate Gallego for engaging in a scheme that redirects taxpayer funds intended for public employees’ compensation toward political advocacy conducted by American Federation of State, County and Municipal Employees (AFSCME) Field II agents on so-called “release time.”
Specifically, the plaintiffs’ lawsuit argues the Arizona Constitution prohibits the use of taxpayer dollars to fund four full-time positions for union officials for the purpose of conducting union business, in addition to a bank of over 3,000 paid hours to be used by other union officials for union purposes, and multiple other perks for union agents.
The Foundation’s brief argues that the release time scheme violates Arizona’s Gift Clause, which forbids government transactions that bestow benefits on private entities while serving no public purpose. The brief points out that the U.S. Supreme Court’s ruling in the Foundation-won Janus v. AFSCME case demonstrates that, under the First Amendment, all government union activities are a form of lobbying designed to influence public policy for the benefit of the union. That means taxpayer subsidies of such activities inherently violate the Arizona Constitution’s Gift Clause.
Brief: “Release Time” Funnels Tax Dollars Unconstitutionally to Union Bosses
The policies unions lobby for “often are matters of substantial public concern, such as how much money the government expends on wages and benefits,” the brief reads. “With its release time policy, the City is effectively paying individuals to lobby the City for a private advocacy organization and its members. The notion that this political advocacy serves a public purpose is untenable.”
In the Janus decision, the U.S. Supreme Court ruled that forcing public sector workers to fund any union activities as a condition of employment constitutes forced political speech barred by the First Amendment.
The Foundation’s brief also deconstructs a proposition that the City of Phoenix’s ability to impose one-size-fits-all union contracts on entire swaths of employees somehow counts as a “public benefit” that the City receives in exchange for enforcing the release time scheme. Foundation attorneys instead argue that the municipal labor code already imposes this obligation on both the union and the City, and thus isn’t a benefit that union bosses are giving the City.
“Given the code already requires the City and AFSCME to impose uniform terms of employment on unit employees, union member and nonmember alike, it necessarily follows that the City did not need to provide AFSCME agents with release time to comply with its pre-existing legal obligations,” the brief contends.
“Union bosses, who will often screech about ‘corporate welfare,’ are more than happy to arrange so-called ‘release time’ schemes in which taxpayer dollars are funneled toward supporting their massive lobbying efforts,” stated National Right to Work Foundation President Mark Mix. “Janus made it plain and simple that compelling public sector employees to fund union activities constitutes forced political speech, and the Arizona Supreme Court has an obligation to declare unlawful compulsion foisted on taxpayers.”
Austin Minnesota Mayo Clinic Support Staff Vote Overwhelmingly to End Forced Union Dues Requirement
49-17 Labor Board deauthorization vote comes as employees wait for window to hold vote to finally remove unwanted Steelworkers union boss “representation”
Austin, MN (December 19, 2022) – “We are so happy with the way the election turned out,” Mayo Clinic Austin patient care specialist Erin Krulish commented. “I think it really shows that all of us came together to show the union that we don’t want to keep paying them when they are doing nothing for us.”
A group of support employees at Mayo Clinic Health System in Austin, Minnesota, overwhelmingly voted to “deauthorize” United Steelworkers (USW) Local 11-00578 union in their workplace. The workers filed the deauthorization petition with the National Labor Relations Board (NLRB) Region 18 with free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
Krulish filed the deauthorization petition for her coworkers who wanted to get rid of the so-called “union security clause” that authorizes USW union bosses to have clinic employees fired for refusing to financially support union activities. The request seeking the vote to end United Steelworkers union officials’ forced dues powers at Mayo Clinic Austin was signed by 49 of the 66 workers, well over the 30% required to trigger the NLRB-supervised election.
Minnesota is not a Right to Work state, meaning all workers in a unionized workplace can be required to pay dues or fees to a union as a condition of keeping their jobs. However, although winning such a vote can often be an uphill battle as independent workers have to take on professional forced-dues-funded union organizers, federal law does allow workers to hold deauthorization votes to end union officials’ legal authority to force workers to “pay up or be fired.”
The successful deauthorization vote at Mayo Clinic Austin comes as the workers wait for the opportunity to end USW officials so-called “representation” at the facility completely, a process known as decertification. “We plan to decertify come next December when our contract is up and we are ready for another fight!” Krulish said following the deauthorization victory.
Currently the non-statutory NLRB-invented “contract bar” doctrine blocks workers from holding a decertification vote to remove a union’s monopoly representation powers for up to three years when a union boss-imposed contract is in effect, consequently, a deauthorization vote, which isn’t limited by the contract bar was the employees’ only option. If the support staff at the Austin Mayo Clinic do decertify as they plan, they will join Minnesota nurses at Mayo Clinic Mankato and Mayo Clinic St. James in voting to oust union officials from their hospitals in just the six months.
Worker interest in removing unwanted unions is up nationwide. The NLRB’s own data show that, currently, a unionized private sector worker is more than twice as likely to be involved in a decertification effort as a nonunion worker is to be involved in a unionization campaign, with one analysis finding decertification petitions up 42% this year.
“We’re pleased Ms. Krulish and her coworkers are victorious in their effort to strip Steelworkers union bosses of their power to force workers to pay union dues or else be fired,” commented National Right to Work Foundation President Mark Mix. “Ultimately, Minnesota needs a state Right to Work law to ensure that every individual worker has the freedom to decide whether or not to financially support a union, even those who can’t overcome the hurdles required to successfully navigate the complicated deauthorization process.”
“This case also shows why it is time to end the NLRB-concocted ‘contract bar’ that traps workers in union ranks they oppose for years at a time,” added Mix. “No worker anywhere should be forced under so-called union ‘representation’ they oppose.”
Penske Truck Leasing Workers Free of Unwelcome Union after Teamsters Sped Off to Avoid Vote
Employees who sought to end union ‘representation’ win a swift victory
BLOOMINGTON, IN (March 9, 2022) – Mechanics and customer service employees at Penske Truck Leasing in Bloomington, Indiana have won their effort to end Teamsters union control at their workplace. Rather than contest the workers’ decertification request in a secret ballot vote, International Brotherhood of Teamsters Local Union No. 135 officials have filed documents with the National Labor Relations Board (NLRB) ending their monopoly bargaining power over all workers at the Penske Truck Leasing facility in Bloomington.
Penske Truck Leasing employee Steven Stuttle and his colleagues received free legal assistance from National Right to Work Foundation staff attorneys in filing a petition for a vote to oust union officials. All but one Penske Truck Leasing employees in the bargaining unit signed the decertification petition, which was filed with the NLRB in February 2022.
“I never felt properly represented by our union. I prefer to have the ability to negotiate the value of my skills as an individual,” Stuttle remarked about the effort. “I very much appreciate the work done by National Right to Work, I could not have done it without them.”
Before an NLRB-supervised decertification election was scheduled, Teamsters officials issued a statement, disclaiming representation in an apparent attempt to spare themselves the embarrassment of an overwhelming vote by workers to reject the union’s so-called “representation.”
This is the latest in a recent series of successful worker efforts aided by National Right to Work Foundation staff attorneys. In just the past few weeks, Foundation staff attorneys aided Atlantic Aviation PNE, Inc. employees with filing their decertification petition and successfully defended Kansas City, Missouri hospital workers against an SEIU union attempt to overturn their vote to remove the union.
The Foundation has also fought to break down union boss-created legal barriers to unseating unwanted union officials. In 2020, following detailed formal comments submitted by Foundation attorneys, the NLRB adopted rules eviscerating union bosses’ ability to stop a decertification effort with “blocking charges,” i.e., accusations made against an employer that are often unverified and have no connection to workers’ desire to kick out unwanted union officials.
“Workers across the country are exercising their rights to remove unwanted unions and throwing off the yoke of coercive monopoly unionism,” remarked National Right to Work Foundation President Mark Mix. “No worker anywhere should be forced under the so-called ‘representation’ of a union they oppose, and Foundation staff attorneys stand ready to assist workers wanting to hold a decertification election to oust a union they oppose and believe they would be better off without.”
NJ, NY Sanitation Workers Vote Overwhelmingly to Flush Unwanted Teamsters Union
Mr. John Operations employees voted 30-10 to oust union officials from workplace in Labor Board decertification election
Newark, NJ (March 22, 2022) – Mr. John Operations employee David Keen and his coworkers have overwhelmingly voted to free themselves from unwanted union monopoly “representation.” After the employees filed a request for a National Labor Relations Board (NLRB) decertification election to end the union’s monopoly bargaining powers over workers at three locations of Mr. John Operations, a division of Russell Reid Waste Hauling and Disposal, the workers voted 30-10 to remove Teamsters Local 560.
Mr. Keen received free legal assistance from National Right to Work Legal Defense Foundation staff attorneys in filing the workers’ petition on January 14th for a vote to oust union officials. The petition was signed by a majority of employees who work for Mr. John Operations, which triggered an NLRB-supervised mail-ballot “decertification” election for workers at the company’s locations in Jackson, New Jersey, Depford, New Jersey and Lindenhurst, New York.
Ballots were sent to workers on February 15, with ballots due back to the NLRB Region 22 based in Newark by March 8. The NLRB tallied the votes on March 21 and determined that a strong majority opposed Teamsters union officials’ so-called “representation.”
Three ballots were challenged during the NLRB count. However, those are not enough to impact the result. When the results are officially certified, Teamsters union officials will formally be stripped of their power to impose monopoly union “representation” on workers in the three workplaces.
“We had our fingers crossed and are finally glad to be free from Teamsters union,” Mr. Keen said. “This victory couldn’t have been done without the support of our attorneys at the National Right to Work Foundation.”
This is the latest in a series of successful worker efforts to oust unwanted union officials aided by National Right to Work Foundation staff attorneys. In just the past few weeks, Foundation staff attorneys aided Penske Truck Leasing employees in Bloomington, Indiana, with filing their decertification petition, after which the union walked away; and they successfully defended Kansas City, Missouri hospital workers against an SEIU union attempt to overturn their vote to remove the union in their hospital.
The Foundation has also fought to break down union boss-created legal barriers to unseating unwanted union officials. In 2020, following detailed formal comments submitted by Foundation attorneys, the NLRB adopted rules eviscerating union bosses’ ability to stop a decertification effort with “blocking charges,” i.e., accusations made against an employer that are often unverified and have no connection to workers’ desire to kick out unwanted union officials.
“The Foundation is pleased to have helped the workers at Mr. John’s exercise their right to dispose of a union they clearly want nothing to do with,” commented National Right to Work Foundation President Mark Mix. “Foundation staff attorneys will continue to assist workers in challenging union boss monopoly power until the day when no worker in America is stuck in union ranks they oppose.”
Workers Sweep to Victory: Laborers Union Bosses Flee to Avoid Worker Decertification Vote to Remove Union
Decatur EnviroServe industrial cleaning workers are finally free from unwanted union “representation”
Decatur, IL (June 20, 2023) – Jerry Guzzie and his coworkers at the industrial cleaning company EnviroServe in Decatur, Illinois have succeeded in their effort to free themselves from unwanted Laborers Union officials’ so-called “representation.”
On May 30, Guzzie filed a decertification petition with the National Labor Relations Board (NLRB) seeking a vote to remove Southern and Central Illinois Laborers’ Local 159, an affiliate of Laborers’ International, AFL-CIO.
The decertification petition was filed with the NLRB Region 25 office with free legal aid from the National Right to Work Legal Defense Foundation and asked for a vote to be held on June 20. However, before the decertification election could take place, union officials disclaimed interest in the bargaining unit to avoid facing removal by the workers. Guzzie filed the decertification petition for all service and maintenance employees at the facility.
Under federal law, when the required number of workers in a bargaining unit sign a petition seeking the removal of union officials’ monopoly bargaining powers, an NLRB-conducted secret ballot vote whether to remove the union is triggered. If a majority of workers cast ballots against the union, the union is stripped of its government-granted monopoly “representation” powers.
In this case, union officials apparently knew they lacked the support to stay in power, so rather than contest the vote they just conceded defeat and walked away.
“We’re glad to finally be free of the union. They saw the writing on the wall and knew how unwelcome they were at EnviroServe,” Guzzie commented. “I couldn’t have done this without the National Right to Work Foundation supporting me and my coworkers.”
“Union officials knew they were unwanted in the workplace, so rather than face workers in an election, they disclaimed interest and ran,” said National Right to Work Foundation President Mark Mix. “Workers everywhere should know they can turn to the National Right to Work Foundation for free legal aid to help enforce their rights and remove unwanted union officials from their workplace.”
Full Foundation Action March/April 2023 Newsletter Now Online
All articles from the March/April issue of Foundation Action are now on the website.
In this issue:
- San Francisco Security Officer Battles Illegal SEIU Union Boss Discrimination
- With Foundation Aid, Mayo Clinic Nurses Defeat Forced Union Dues Requirement
- Northwest Ohio Employees File Suit to Knock Down Another Janus Restriction
- Illinois Security Officer Defends Janus Rights Amidst Union Discrimination
- Mark Mix’s Fox News Op-Ed: “Union bosses get away with things you or I wouldn’t. Supreme Court should roll back special privileges”
Recent articles can be found here. To sign up for a free copy of the newsletter via mail please see the form at the bottom of this page.
Las Vegas Plumbing Designer Wins Case Against Union Over Illegal Retaliatory Fines by UA Union Bosses
In apparent retaliation for participating as an observer in a Labor Board election, union officials attempted to fine Universal Plumbing and Heating employee $4,999
Las Vegas, NV (April 7, 2023) – David Webb, an employee at Universal Plumbing and Heating Inc. has won his legal battle against United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry (UA) Local 525, after UA union officials illegally attempted to fine him.
Webb exercised his right to participate as an election observer during a National Labor Relations Board (NLRB)-sanctioned election at his workplace, only to be subjected to the fine attempt by UA officials. In response, Webb, with the assistance of National Right to Work Legal Defense Foundation staff attorneys, filed federal unfair labor practice charges at National Labor Relations Board Region 28 against the UA for violating his rights under the National Labor Relations Act.
Unions cannot lawfully discipline nonmembers. Since 2017, Webb has not been a union member and has not paid any dues. Universal Plumbing and Heating Inc. is also not a unionized company. Despite this, UA union officials initiated internal union disciplinary charges against him, attempting to levy a fine of $4,999 for exercising his right to participate in an NLRB-conducted election, including as an official election observer. Union officials apparently initiated the illegal fine attempt after Webb’s coworkers voted against bringing the union into their workplace while Webb served as an election observer.
The charges National Right to Work Foundation staff attorneys filed against the UA union for Webb explained that, because Webb was a non-member since 2017, he could not legally be subject to discipline by the union. Further, the charges noted that the fine was illegal retaliation for his protected NLRA activity in serving as an election observer.
Just 10 days after Foundation attorneys filed Webb’s unfair labor practice charges against the UA, the union capitulated, sending Webb a letter acknowledging they lacked the legal basis for the fine because he was not a union member, and that therefore he was not subject to the fine or any other sanction from the UA Local or national affiliate.
Although union bosses often initiate internal union discipline against voluntary union members, longstanding precedent protects workers who are not union members from being subjected to such retaliatory fines. Further, workers cannot legally be fined by union officials for exercising their protected rights under federal labor law, including participating in an NLRB-supervised election to decide whether or not union officials become the monopoly bargaining “representative” of workers in a given workplace.
Nevada is a Right to Work state, meaning workers cannot legally be required to join or pay dues or fees to a union as a condition of keeping their jobs. However, even in Right to Work states, union officials who have obtained monopoly bargaining control in a workplace are granted the power to impose one-size-fits-all union contracts on all workers, including those who opt out of union membership and would prefer to negotiate their own terms of employment. In the election that triggered the illegal retaliatory fine against Webb, workers voted against granting UA union bosses such monopoly bargaining powers.
“This case was open and shut: Union officials know workers can exercise their rights to participate in an NLRB-sanctioned election and they were caught red-handed violating Webb’s rights,” commented National Right to Work Foundation President Mark Mix. “Although the fine has officially been dropped, Foundation attorneys remain ready to protect all workers’ right to refrain from union activities.”
“Other workers in Nevada and nationwide facing similar backlash from union officials should know they can reach out to Foundation staff attorneys for free legal assistance in challenging union officials who violate their rights,” added Mix.
Pipefitters Union Hit with Federal Charge for Illegal Retaliatory Fine against Non-Union Las Vegas Worker
For participating as an observer in an NLRB union election, the heating and plumbing worker faces $4,999 in punitive union boss initiated fines
Las Vegas, NV (March 10, 2022) – An employee in Las Vegas, Nevada, has filed federal charges against the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry (UA) union Local 525, in response to union officials illegally threatening to fine him. The employee, David Webb, chose to exercise his right to work during a National Labor Relations Board (NLRB)-sanctioned election. The case was filed at the National Labor Relations Board Region 28 by National Right to Work Legal Defense Foundation staff attorneys to challenge his retaliatory fines by the union officials.
Webb, a Universal Plumbing and Heating Inc. employee, has not been a union member since 2017. Despite this, UA union officials initiated internal union disciplinary charges against him, resulting in an attempt to levy a fine of $4,999 against him for exercising his right to participate in a NLRB-sanctioned election, including as an official election observer.
Although union bosses often initiate internal union discipline against voluntary union members, longstanding precedent protects workers who are not union members from being subjected to such retaliatory fines. Further, workers can never legally be fined by union officials for exercising their protected rights under federal labor law, including participating in an NLRB-supervised election to decide whether or not union officials become the monopoly bargaining “representative” of workers in a given workplace.
Nevada is a Right to Work state, meaning workers cannot legally be required to join or pay dues or fees to a union as a condition of keeping their jobs. However, even in Right to Work states, union officials who have obtained monopoly bargaining control in a workplace are granted the power to impose one-size-fits-all union contracts on all workers, including those who opt out of union membership and would prefer to negotiate their own terms of employment. In the election that triggered the illegal retaliatory fine against Webb, workers voted against granting UA union bosses such monopoly bargaining powers.
“Fining a nonmember worker for poll-watching is not only absurd but blatantly illegal,” commented National Right to Work Foundation President Mark Mix. “If UA union bosses want to know why workers are declining formal union membership and also voting against bringing so-called union ‘representation’ into their workplace, they should look at their own conduct and how they abuse the rights of rank-and-file workers.”
“Other workers nationwide facing similar backlash from union officials should know they can reach out to Foundation staff attorneys for free legal assistance in challenging union bosses,” added Mix.
Disney Worker Hits UNITE HERE Union Bosses with Federal Charge for Illegal Dues Seizures
Labor Board charge: Union violated federal law by ignoring worker’s request to stop dues payments without any explanation
Orlando, FL (February 24, 2023) – Jose Alejandro Class Robles, a Disney Parks and Resorts employee in Orlando, Florida has filed federal charges with the National Labor Relations Board (NLRB) against UNITE HERE Local 362 for illegally deducting dues from his paycheck. The unfair labor practice charges were filed with the NLRB Region 12 office with free legal aid from the National Right to Work Legal Defense Foundation.
Since 1943, Florida’s Right to Work protections make union membership and financial support strictly voluntary. However, rather than respect workers’ ability to decide individually whether or not to voluntary financially support the union, UNITE HERE union officials are blocking Class from exercising his rights under the law and stonewalling his request for required information regarding the dues deductions.
According to his charge, in December 2022, Class resigned his union membership and revoked the union’s authorization to deduct dues from his paycheck. That December letter also requested that, if union officials did not immediately accept his dues checkoff revocation, that the union provide him with a copy of any checkoff he may have signed within 14 days of receipt.
To date, the union has not stopped collecting dues from his wages, nor has it provided him with the requested copy of a signed checkoff authorization, which might specify when revocation is allowed. “In an all too common situation, union officials are blatantly ignoring a worker’s right to end financial support to a union just so they can fill their coffers by seizing union dues from unwilling employees,” said National Right to Work Foundation President Mark Mix. “Workers everywhere, especially in Right to Work states, should know they can turn to the National Right to Work Foundation for free legal aid to help enforce their rights.”
Food Company Employees File Charges Alleging Union Dues Are Being Illegally Deducted From Their Paychecks
Buitoni Food Company aided United Steelworkers bosses by deducting dues after workers revoked authorization and resigned from the union
Danville, VA (November 3, 2022) – Employees at Buitoni Food Company have filed charges against their employer and United Steelworkers (USW) Local 9555 after union dues deductions resumed despite the workers having revoked their authorization for such payments to be taken out of their paychecks. The federal unfair labor practice charges were filed with National Labor Relations Board (NLRB) Region 5 with free legal aid from National Right to Work Legal Defense Foundation attorneys.
The charging workers, Steven Ricketts and Donald Hale, each hand-delivered letters to both USW union officials and to their employer formally resigning their union memberships and revoking their dues check-off authorizations. Because Virginia is one of 27 states with a Right to Work law, union membership and dues payments must be voluntary and cannot be required as a condition of employment. In states without Right to Work laws, workers can legally be fired if they refuse to pay union dues or fees.
After the workers’ letters were delivered, dues deductions briefly stopped. However, union deductions quickly resumed. In the case of Mr. Ricketts, Buitoni Food Company not only restarted union dues deductions but also deducted double the dues amount in a subsequent paycheck. Deductions from Mr. Hale’s paycheck also resumed without his authorization after a short period.
Mr. Ricketts sent an email to the company’s human resources department after the dues seizures restarted and was told to contact union officals about it. Both employees sent another letter to United Steelworkers, specifically requesting a copy of their dues check-off authorization. However, money continues to be deducted without their consent and without the union officials producing a copy of the authorizations that are legally required before any such deductions can occur.
“Living in Right to Work Virginia, it is outrageous that we need to take legal action just to stop union dues from being seized against our will,” Steven Ricketts commented. “I don’t want my money supporting the United Steelworkers union, and it is time union officials accept that no means no when a worker resigns from the union and revokes their dues authorization.”
Donald Hale echoed a similar sentiment: “I’m grateful for the National Right to Work Foundation assistance in enforcing my legal rights, but it really shouldn’t take a federal case to cease the collection of union dues.”
“As this situation shows, arrogant union officials often seize money from a worker’s pockets, despite what the law says,” commented National Right to Work Foundation President Mark Mix. “Despite repeatedly telling their employer and union officials to stop taking their hard-earned money, Buitoni Food Company and United Steelworkers apparently believe they can ignore these workers’ legal rights and get away with it.”
“Foundation staff attorneys will continue to aid Mr. Ricketts and Mr. Hale as they take legal action against Buitoni Food Company and United Steelworkers,” Mix added.
