4 May 2026

Georgia Republic Services Driver Challenges Federal Labor Board Policy Blocking Vote to Remove Teamsters Union

Posted in News Releases

Majority of Calhoun-based drivers demanded vote to oust Teamsters union, but federal labor board denied election due to so-called ‘contract bar’

Calhoun, GA (May 4, 2026) – Brian Wilson, a truck driver for waste hauling company Republic Services, is asking a federal labor board to overturn a policy that is blocking him and his coworkers from exercising their right to vote out Teamsters Local 728 union officials they oppose. Wilson is defending a petition that he submitted on behalf of his coworkers last month, which demanded the National Labor Relations Board (NLRB) administer an election to remove Teamsters union bosses from power at their workplace. Wilson is receiving free legal aid from National Right to Work Foundation staff attorneys in his legal effort.

The NLRB is the federal agency responsible for enforcing federal labor law, a task that includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Wilson’s petition, which he submitted on April 2, showed that the majority of his colleagues wanted to have a vote to remove the Teamsters.

However, Teamsters union officials immediately blocked the vote by arguing that the so-called “contract bar” – an NLRB-invented policy that appears nowhere in the text of federal labor law – prevented Wilson and his colleagues from voting. The contract bar prevents workers from exercising their right to vote out an unwanted union for up to three years after union bosses and management finalize a union contract.

Wilson’s Request for Review contends, first, that the contract bar shouldn’t even apply in his workplace, as the Teamsters union contract lacks an effective date, which the law requires in order to enforce a contract bar. Wilson’s Request for Review also attacks the contract bar head-on, pointing out that it is antithetical to federal labor law’s purported goal to give workers free choice in deciding whether they want a union in their workplace or not. If the NLRB allows the contract bar to stand, Wilson and his coworkers’ requested vote will be delayed until at least 2028.

‘Contract Bar’ Curtails Workers’ Free Choice Rights, Can Lead to the Destruction of Ballots

“The contract bar…should be dispensed with because it entrenches unions that lack majority employee support, thereby undermining the cornerstone of the [National Labor Relations] Act— employees’ Sections 7 and 9 right to choose or reject union representation,” the legal filing states.

Georgia is a Right to Work state, meaning state law prohibits union officials from enforcing contracts that require workers to pay money to the union as a condition of employment. In non-Right to Work states, in contrast, union officials can get workers fired for refusal to pay dues or fees to the union hierarchy. However, in both Right to Work and non-Right to Work states, union officials can use their government-granted exclusive “representation” powers to dictate terms of employment for every employee in a workplace, even those who oppose the union.

Foundation staff attorneys have assisted many groups of workers across the country in efforts to overturn the contract bar – including in cases where enforcement of the bar required the destruction of hundreds of worker ballots. In a case similar to Wilson’s that began in 2020, Foundation attorneys defended Delaware-based Mountaire Farms poultry workers’ right to vote United Food and Commercial Workers (UFCW) union bosses out of their workplace. While the workers – hundreds of whom had requested a union decertification vote – finally voted the union out in 2022, the NLRB invoked the contract bar and greatly delayed that election at UFCW officials’ behest. The contract bar was even used to invalidate an earlier election that the Mountaire workers had participated in, effectively destroying hundreds of already-cast ballots.

“As Mr. Wilson’s case and the cases of many other workers have shown, the ‘contract bar’ simply gives union officials an arbitrary way to stay in power over a workplace where they face obvious employee opposition,” National Right to Work Foundation President Mark Mix commented. “Federal labor law is supposed to protect worker free choice over entrenching union boss control, and Mr. Wilson’s case exposes the contract bar as nothing but a government-granted privilege for union officials.

“If the Trump NLRB is serious about standing up for workers and putting workers back in control of their own livelihoods, ending the unreasonable restrictions of the contract bar is a great place to start,” Mix added.

9 Jan 2026

Two Additional Heavy Equipment Operators Targeted By Operating Engineers Union Bosses File Federal Charges

Posted in News Releases

Workers face unlawful IUOE union bosses’ retaliation measures for remaining employed with nonunion contractor

Lawrenceville, GA (January 9, 2026) – Two more employees of Dennis Taylor & Co., John Stroh and David Johnson, have filed federal charges with the National Labor Relations Board (NLRB) against the International Union of Operating Engineers (IUOE) Local 926. They now join their coworkers Michael Mitchem, Billy Johnson, and Chris Oaks who filed similar charges in September 2025 stating that IUOE union officials subjected them to illegal post-resignation discipline after the employees legally resigned their union memberships.

The workers’ charges were filed at the NLRB with free legal aid from National Right to Work Legal Defense Foundation staff attorneys. The NLRB is the federal agency responsible for enforcing the National Labor Relations Act and adjudicating disputes between employers, unions, and individual employees.

After Stroh and Johnson had resigned their memberships so they could continue working, IUOE union officials sent both workers a letter threatening them with fines for simply going to work with an employer that had been part of a “hiring hall” arrangement with the IUOE in the past.

The employees resigned their union membership after Dennis Taylor & Co. ended an arrangement requiring it to employ workers through an IUOE hiring hall. Legally, union-run hiring halls are supposed to be accessible to both union members and nonmembers seeking employment with employers that chose to make use of hiring halls to fill open roles. However, there is a long history of union officials using hiring halls to discriminate against nonmembers and coerce workers into formal union membership in order to attain employment.

IUOE union officials are allegedly pursuing illegal internal disciplinary measures against resigned former members months and years after they cut their ties with the union. Longstanding law says workers cannot face discipline for actions that occur after a worker has resigned from union membership.

Union bosses have a history of retaliating against workers with ruinous “disciplinary” fines, frequently for thousands to tens of thousands of dollars. In one recent case, Foundation staff attorneys successfully defended an Indiana electrician against an attempt by IBEW bosses to illegally levy a $1.3 million fine.

“It is unfortunate that it is necessary for more workers to file federal charges to defend themselves against IUOE union bosses’ thuggish intimidation tactics,” commented National Right to Work Foundation President Mark Mix. “They now join a growing number of their colleagues who are standing up to IUOE union officials’ illegal persecution.

“Like the vast majority of American workers, these employees simply want to work without any union affiliations, and it is outrageous that IUOE bosses are attempting to retaliate against them for making that simple choice,” added Mix.

21 Oct 2025

Heavy Equipment Operators File Federal Charges Against Operating Engineers Union for Illegal Retaliation

Posted in News Releases

IUOE union officials unlawfully threatened “internal discipline” fines against workers who continued employment with nonunion contractor

Lawrenceville, GA (October 21, 2025) – A group of construction industry employees of Dennis Taylor & Co. have filed federal charges at the National Labor Relations Board (NLRB) against the International Union of Operating Engineers (IUOE) Local 926 alleging IUOE union officials subjected them to illegal post-resignation discipline after the employees legally resigned their union memberships.

The workers’ charges were filed at the NLRB with free legal aid from the National Right to Work Legal Defense Foundation. The NLRB is the federal agency responsible for enforcing the National Labor Relations Act and adjudicating disputes between employers, unions, and individual employees.

The employees, Michael Mitchem, Billy Johnson, David Johnson, and Chris Oaks resigned their IUOE memberships months or years ago. Despite this, union officials are threatening the workers with fines, apparently for working at Dennis Taylor & Co., which once was part of a “hiring hall” arrangement with IUOE, but no longer is.

The resignations came after Dennis Taylor & Co. removed itself from an arrangement to hire employees through an IUOE union boss-controlled hiring hall. In theory, both union members and nonmembers can utilize union-run hiring halls to find employment with employers that have decided to utilize the hiring hall to fill openings. However there is a long history of union officials using hiring halls to discriminate against nonmembers and coerce workers into formal union membership in order to attain employment.

The charges filed by Michael Mitchem, Billy Johnson, and Chris Oaks each state that even before formally resigning from the union, the employees were never voluntary union members, as they had been misled into believing that union membership was mandatory. Though union officials frequently mislead workers into believing that formal union membership is required, the problem is especially prevalent when employment involves union hiring halls.

Under longstanding law, only fully voluntary union members can be subjected to internal union discipline, which often involves fines levied against workers at odds with union boss demands. Workers cannot face discipline for actions that occur after a worker has resigned from such voluntary union membership.

“Contrary to the apparent wishes of IUOE Local 926 union bosses, formal union membership cannot be required as a condition of employment, a precedent in place since the early 1960s,” commented National Right to Work Foundation President Mark Mix. “It is outrageous that IUOE union officials are attempting to barge back into the lives of these workers years after they’ve legally exercised their rights, and are now illegally threatening them with fines simply for working to provide for themselves and their families.”

2 Jul 2025

Hundreds of OH Workers Exit Teamsters as Union Bosses’ Amazon ‘Strike’ Stunt Flounders

The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.

Teamsters O’Brien tried to take away Christmas cheer, but couldn’t take away Ohio workers’ freedom

Daniel Caughhorn Teamsters Toledo Ohio

Daniel Caughhorn led a scrappy group of his coworkers in voting Teamsters bosses out of their workplace, a scrap metal processing facility in Toledo, OH. They also beat back union bosses’ attempts to overturn their vote.

WASHINGTON, DC – This past December, Teamsters President Sean O’Brien announced the “largest-ever strike against Amazon,” claiming that thousands of workers would heed his strike order, abandon their delivery vehicles and hit the picket lines. O’Brien threatened that Christmas gifts would be delayed unless his demands were met.

Those who took O’Brien’s rhetoric at face value would have thought he was a veritable Grinch stealing Christmas (even though he tried to explain it was Amazon’s fault that the strike had to occur). But even reporting from pro-Big Labor outlets soon revealed that the order was more story than substance: According to Labor Notes, only about 600 employees obeyed the strike order despite Teamsters honchos claiming to “represent” some 7,000 to 10,000 Amazon employees.

Even the small number who did cease work on O’Brien’s command are arguably not employees of Amazon, and likely aren’t under Teamsters control at all: They work primarily for independent contractors that carry out some delivery functions for Amazon. Even if O’Brien’s dubious theory claiming he had control over those delivery drivers was correct, it would have only affected 10 out of the roughly 110 Amazon centers nationwide. Still, National Right to Work Foundation staff attorneys put a special legal notice out to delivery drivers nationwide informing them of their rights if they were illegally coerced to strike.

Workers Defeat Cynical Attempt by Teamsters to Overturn Vote

The December 2024 Teamsters “strike” against Amazon may go down in history as a strained publicity stunt. But the more significant Teamsters news that month was that hundreds of Foundation-backed workers across Northern Ohio took real action by voting to free themselves from unwanted Teamsters officials’ so-called “representation.”

Dusty Hinkle, an employee for Frito-Lay’s plant in Wooster, OH, and Daniel Caughhorn, a worker at scrap metal firm Omnisource’s facility in Toledo, OH, paved the way to freedom for their coworkers by submitting petitions asking the National Labor Relations Board (NLRB) to hold votes among their coworkers to remove or “decertify” Teamsters unions at their facilities. They submitted these in October and August 2024, respectively, with free Foundation legal assistance.

Because Ohio lacks Right to Work protections for its private sector workers, Teamsters officials enforced contracts that required Hinkle, Caughhorn, and their colleagues to pay union dues or fees as a condition of keeping their jobs. In contrast, in Right to Work states, union membership and all union financial support are strictly voluntary.

The NLRB, the federal agency that enforces federal labor law, administered decertification votes at Hinkle’s and Caughhorn’s workplaces after finding that both petitions contained enough employee signatures to trigger a vote under agency rules. Even though clear majorities of workers voted against Teamsters union control in both votes, Teamsters union officials filed objections alleging misconduct by Frito-Lay and Omnisource management in an attempt to overturn the election results.

However, in both cases regional NLRB officials tossed the union objections and certified the workers’ votes. The Omnisource and Frito-Lay employees — over 430 in total — thereby cut all ties with the Teamsters unions. Now both sets of employees are free both of union bosses’ forced-dues demands and their ability to impose one-size-fits-all contracts on the workplace.

In the final months of 2024, Foundation attorneys assisted a number of other workers from across industries with efforts to remove unwanted Teamsters officials. From just October to December 2024, truck drivers from Georgia, California, Virginia, and New Jersey successfully booted out Teamsters union officials or initiated removal efforts with Foundation aid. These cases came despite increasingly hostile rulemaking from the outgoing Biden Administration’s NLRB bureaucrats in 2024, which undid key Foundation-backed reforms that made it easier for workers to request decertification elections.

Teamsters Schemes to Steal Christmas and Workers’ Rights Both Failed

“Sean O’Brien’s Christmas publicity stunt might have made him seem like an attempted stealer of gifts and holiday cheer, but these two Foundation cases from Ohio demonstrate what Teamsters bosses really are: stealers of workers’ rights and freedom,” commented National Right to Work Foundation Vice President Patrick Semmens.

“That Teamsters officials in both these cases attempted to disenfranchise workers who opposed them shows why workers are turning against their power-hungry tactics, and why American workers deserve the Right to Work choice to withhold financial support from union officials who aren’t serving their interests.”

10 Apr 2022

NYC Car Wash Workers Kick Out Unwanted RWDSU Union Officials

The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2022 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.

Union bosses rejected by Alabama Amazon workers now ousted by car wash employees

Main Street Car Wash worker Ervin Par (center) and his colleagues in NYC thank their National Right to Work Foundation attorney for helping them secure a vote to remove unwanted RWDSU union bosses from their workplace.

Main Street Car Wash worker Ervin Par (center) and his colleagues in NYC thank their National Right to Work Foundation attorney for helping them secure a vote to remove unwanted RWDSU union bosses from their workplace.

NEW YORK, NY – In 2018, Ervin Par, an employee of Main Street Car Wash in Queens, NY, explained why he and his coworkers overwhelmingly wanted Retail, Wholesale, and Department Store Union (RWDSU) officials out of their workplace: “They just come and collect their fees, but I don’t see an economic benefit from the union.”

“Among my colleagues, there’s a majority that doesn’t want the union,” Par told Reason magazine in an interview at the time. Now, after a three-year effort to vote out RWDSU officials, Par and his coworkers have finally succeeded with free legal aid from National Right to Work Foundation staff attorneys.

Soon after Par submitted an October petition signed by enough of his coworkers to prompt the National Labor Relations Board (NLRB) to conduct an employee vote whether to eject the union, RWDSU officials filed paperwork ending their control over the facility. Notably, RWDSU union officials fled Main Street Car Wash before the NLRB had conducted the union decertification election for Par and his coworkers — likely in an attempt to avoid an embarrassing, overwhelming rejection in the vote.

Car Wash Employees Endured Years of Forced Dues, Union “Blocking Charges”

Par also rallied his coworkers in 2018 to oust the union, but their valid petition for a decertification election was thwarted by “blocking charges” from RWDSU officials. Because Par and his colleagues work in non-Right to Work New York, the delays meant that they were forced to pay dues to an unpopular union for almost three more years just to keep their jobs. In contrast, in Right to Work states all union financial support is strictly voluntary.

Par and his coworkers’ desire for freedom from union control is not uncommon. According to reports, in 2018 Main Street Car Wash was one of only six car washes in New York City still under union monopoly control, a number that had been declining following other union departures due to lack of employee support.

RWDSU Bosses Oppose Will of Rank-and-File Workers Across Country

The RWDSU is notably the same union that Bessemer, AL, Amazon employees rejected decisively during a highly publicized April 2021 union election. Despite that election loss, RWDSU officials are still trying to install themselves at the Bessemer facility. Litigation continues over whether RWDSU lawyers will nullify the workers’ vote in which barely 12% of eligible voters supported union bosses’ monopoly “representation.”

Atlanta, GA-area employees of water treatment company Ecolab have also recently received free Foundation legal assistance in their attempt to remove RWDSU officials.

“Mr. Par and his coworkers persevered for almost three years to end RWDSU union officials’ grip on power in their workplace,” commented National Right to Work Foundation Vice President Patrick Semmens. “Although we’re glad the employees have finally been able to exercise their right to remove RWDSU, union officials should not have been able to manipulate the rules to stifle the decertification effort for so long.”

“RWDSU union officials have a penchant for challenging the will of the very employees they claim to ‘represent.’” Semmens added. “Workers across the country who seek to remove unwanted RWDSU presence in their workplace should contact the Foundation for free legal aid in exercising their rights.”