Labor Board to Prosecute Flying Food Group for Illegally Firing Worker for Opposition to Union Dues
Worker was fired for seeking to end the forced unionism clause at his workplace and informing co-workers of their rights not to fund union political spending
Los Angeles, CA (April 10, 2017) – The National Labor Relations Board (NLRB) has issued a complaint against Flying Food Group for illegally firing a worker as retribution for distributing a deauthorization petition that would remove the forced unionism clause in its union contract and informing co-workers of their right not to pay for union activities unrelated to bargaining. The complaint was issued after NLRB investigators found merit to charges filed against the Flying Food Group by National Right to Work Legal Defense Foundation staff attorneys for the worker, Douglas Cisneros.
Both activities are protected under the National Labor Relations Act (NLRA) even in states lacking Right to Work protections like California. The company has a nationwide agreement with the union that puts its employees under union control.
Cisneros, worked as a cook for the company. In July 2016, he began to circulate a deauthorization petition among his co-workers. If it garners enough signatures a deauthorization petition results in a vote to remove the forced unionism clause in the contract that requires workers to pay fees to United Here Local 11 as a condition of their employment.
Cisneros also circulated information to his coworkers about their rights under the Foundation-won Communications Workers v. Beck United States Supreme Court case. Under Beck, workers have the right to opt out of paying full union dues that include union political lobbying and spending. After learning that Cisneros was exercising these legal rights, company officials terminated his employment on August 16, 2016, falsely claiming that he violated company rules against “engaging in rude or disorderly conduct.”
The NLRB complaint seeks an order requiring Flying Food Group to post notices in Spanish in addition to English and to reinstate Cisneros and reimburse him for back pay resulting from his illegal firing. A hearing is scheduled for June 20, 2017, before NLRB Region 31 in Los Angeles.
“It is outrageous Mr. Cisneros was fired simply for informing his co-workers of their rights and attempting to end union bosses’ power to require him and his coworkers to pay union dues as a condition of keeping their jobs,” commented Mark Mix, President of the National Right to Work Foundation. “This case highlights why Californian workers need Right to Work protections that would ensure that union membership and dues payment is strictly voluntary.”
Verizon Workers Hit CWA Union Officials with Charges for Retaliation for Working During Strike
SPFPA union officials continued to collect dues over workers’ objections despite majority vote by employees that ended mandatory payments
New York, NY (April 3, 2017) – Four Brooklyn Verizon employees have filed federal unfair labor practice (ULP) charges against the Communications Workers of America (CWA) union for violating federal labor law after the employees exercised their right to resign their union memberships during a high-profile strike in May 2016. The charges were filed with free legal assistance provided by National Right to Work Legal Defense Foundation staff attorneys.
In April 2016, CWA union officials announced a coordinated work stoppage at Verizon facilities and ordered workers up and down the East Coast, from Massachusetts to Virginia, to abandon their jobs. CWA Local 1109, which is the subject of the ULP charges, participated in the multi-state strike.
Soon after CWA union officials ordered the strike, the four workers who filed the charges chose to resign from the union and returned to work. Under federal law, workers cannot be compelled to join a union-boss ordered strike. However, under a 1972 National Labor Relations Board (NLRB) ruling, to protect themselves from internal union discipline they must resign their formal union membership before to returning to work, as each of these workers did.
On March 16, 2017, these workers were notified by CWA officials that they were being tried by the union on internal charges of violating the union’s constitution, despite the fact that these workers were not union members when they returned to work and thus are protected by federal law. These four workers turned to the Foundation for assistance, and filed ULP charges with the NLRB.
The union has notified the workers that an internal tribunal, which has no legal jurisdiction over the workers, is scheduled for April 16.
“Once again union officers are blatantly violating the rights of the very workers they claim to represent,” said Mark Mix, President of the National Right to Work Foundation. “It is outrageous that union officials are resorting to this type of retaliation to ‘punish’ workers who chose to return to work in order to provide for themselves and their families.”
“The Foundation has successfully defended a number of Verizon workers in the New York area who were also threatened with sham trials and five-figure illegal fines, and we are eager to assist these and any other workers in defending their workplace rights,” added Mix.
In 2016, Foundation staff attorneys defended eleven Verizon workers from retaliation by CWA and IBEW union officials after the same April 2016 East Coast strike. Seven of the workers were fined up to $14,000 each for exercising their federally protected rights. The remaining four were threatened by union bosses with “union discipline” that would have resulted in similar fines. In all eleven cases, union officials were forced to settle with the workers with all of the illegal strike fines and threats rescinded.
Federal Settlement Forces Union Officials to Refund $20,000 After Illegally Seizing Union Dues from Workers
SPFPA union officials continued to collect dues over workers’ objections despite majority vote by employees that ended mandatory payments
Washington, DC (April 3, 2017) – With free legal assistance from National Right to Work Foundation staff attorneys, two Washington D.C. area workers have won a federal settlement from International Union of Security, Police and Fire Professionals of America (SPFPA) union officials. The settlement dictates that union officials pay back approximately $20,000 in illegally seized dues, with interest.
The two workers, Troy Golson and Yasir Maatoug, work as security guards in the Ronald Reagan Building in downtown Washington, D.C. In November 2015, employees in their company, Coastal International Security, won a deauthorization election against the SPFPA union. A deauthorization election can be called by employees to negate the forced-unionism clause that allows union bosses to have a worker fired for refusing to pay the union dues or fees.
After the successful deauthorization vote, more than 30 Coastal employees sent union officials a dues check-off revocation letter, which legally stops the collection of forced union dues from their paychecks. However, union officials ignored some of the letters and continued seizing dues from many employees’ paychecks, erroneously claiming workers could not stop payment except in a union-determined “window period.”
Under current National Labor Relations Board law, workers who win a deauthorization election have the right to halt automatic deductions from their paychecks immediately simply by sending the union a revocation letter.
The settlement also allows for other workers to receive refunds for illegally seized dues if they can show that they revoked their dues check-off following the deauthorization election in November of 2015. Furthermore, union officials must post and e-mail a notice stating that they “will not collect dues from bargaining unit employees who have revoked their authorizations for payroll deduction of union dues or fees following the deauthorization of the union security clause.”
“This case epitomizes the lengths to which union officials will go to collect every last cent of forced dues they can, even in violation of longstanding law,” said Mark Mix, President of the National Right to Work Foundation. “Even after a majority of the very workers the union claims to ‘represent’ voted to strip union officials of their forced dues powers, SPFPA union officials continued to illegally seize thousands of dollars in forced dues from them. This case shows why every worker in America should have Right to Work protections that ensure that union membership and payment of union fees are strictly voluntary.”
