Cincinnati-Area Kroger Employee Wins Federal Case Against UFCW, Grocer for Illegal Union Dues Deductions
Kroger and union must reimburse unlawfully seized dues as worker transfers to store in Right to Work Kentucky to block any future forced dues
Fairfield, OH (March 4, 2025 ) – Kroger Grocery employee James Carroll has prevailed in his federal case against United Food and Commercial Workers (UFCW) Local 75 union and corporate grocery conglomerate Kroger. The resolution comes after charges were filed against UFCW for threatening Carroll with termination for refusing to sign an illegal union dues deduction form and against Kroger for unlawfully deducting union dues from his paycheck.
To avoid prosecution, Kroger and UFCW agreed to a settlement that requires them to reimburse Carroll for unlawfully seized dues and post a public notice informing employees of their rights. Carroll received free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
Carroll’s charges at Region 9 of the National Labor Relations Board (NLRB) in Cincinnati explain that the form UFCW union bosses forced him to sign is an illegal “dual purpose” membership form, which seeks only one employee signature for authorization of both union membership and dues deductions. Federal labor law requires that any authorization for union dues deductions be voluntary and separate from a union membership application. Additionally, Supreme Court precedents like General Motors v. NLRB recognize the right of workers to refrain from formal union membership.
In contrast to neighboring Indiana, Kentucky, and West Virginia, Ohio lacks a state Right to Work law. This means UFCW union officials to have the power to force Carroll and his coworkers to pay union dues or fees as a condition of keeping a job, even if they are nonmembers. However, even without Right to Work, union officials must obtain employees’ consent before instructing an employer to deduct union dues directly from a worker’s paycheck, and forced-fee amounts cannot include money that goes toward a union’s political activity, as established in the Foundation-won CWA v. Beck Supreme Court decision.
In addition to securing a victory in his case, Carroll took the additional step of transferring to a Kroger store in Right to Work Kentucky to avoid any future union threats demanding payment. Under Right to Work, all payments to the union are strictly voluntary, meaning Carroll cannot be forced to fund the very UFCW officials who violated his rights.
On Illegal Dues Practices, Kroger and UFCW Are Repeat Offenders
This isn’t the first time Foundation attorneys have aided Kroger employees facing illegal dual-purpose membership forms pushed by UFCW union bosses. In February 2023, Houston, TX-area Kroger worker Jessica Haefner filed federal charges against the UFCW for presenting her with such a dual-purpose form, and for altering her writing on the form to show she consented to union dues deductions when she was actually trying to exercise her right under Texas’ Right to Work law to abstain from dues payment.
In 2024, Foundation attorneys also assisted a Portland-area grocery store employee Reegin Schaffer, who filed and won federal unfair labor practice charges against a UFCW union there. In that case, union officials ignored her requests to resign union membership during a union strike and then unlawfully retaliated against her by seeking to fine her for exercising her right to rebuff union boss strike orders and go to work.
“We are pleased with this legal victory for Mr. Carroll, and that he is now completely free of union bosses’ forced-dues demands because he works in Right to Work Kentucky,” commented National Right to Work Foundation President Mark Mix. “Of course most workers subjected to union bosses’ ‘pay-up-or-be-fired’ threats don’t have the option of commuting to a location in a Right to Work state.
“That’s why, despite the good resolution, though this case shows why workers everywhere need Right to Work protections,” added Mix.
National Right to Work Foundation Issues Special Legal Notice for Colorado King Soopers Workers Impacted by UFCW Strike
Despite union boss-ordered strike, all 10,000 affected King Soopers employees are free to exercise their right to return to work
DENVER, CO (February 10, 2025) – Today, the National Right to Work Legal Defense Foundation issued a special legal notice for workers affected by a strike at the King Soopers grocery chain in Colorado ordered by United Food and Commercial Workers (UFCW) union officials.
According to news reports, the UFCW has ordered around 10,000 workers to strike against King Soopers grocery stores. The Foundation’s legal notice informs these workers of the rights union officials often hide, such as that the workers have the right to continue to work to support their families.
Importantly, the notice gives workers who want to exercise their right to work information on how to avoid fines and punishment that could be imposed by union officials.
“The situation raises serious concerns for employees who believe there is much to lose from a union-ordered strike,” the legal notice reads. “That is why workers frequently contact the National Right to Work Legal Defense Foundation to learn how they can avoid fines and other oppressive union discipline for continuing to report to work.”
The Foundation’s special legal notice highlights workers’ rights to resign union membership and their right to revoke their union dues check-offs. The notice also provides helpful information for removing union by using a decertification petition to obtain a secret ballot election.
The National Right to Work Foundation is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee victims of forced unionism abuse. The full notice can be found at: https://www.nrtw.org/KingSoopers/
The Foundation has a long history of providing legal assistance to workers in such situations. In fact, when UFCW bosses last ordered a strike against King Soopers, Foundation staff attorneys helped several King Soopers employees defend themselves against illegal attempts by UFCW officials to fine the workers for exercising their right to rebuff union strike demands.
“Workers always have the right to continue to work during a strike, despite what union officials may tell them or try to pressure them into doing,” National Right to Work Foundation President Mark Mix said. “This legal notice reflects the Foundation’s decades-long commitment to offering free legal aid to workers to protect them from union bosses’ coercive tactics that regularly go hand-in-hand with union strike demands.”
“Foundation attorneys have assisted King Soopers employees in the past against illegal UFCW retaliation, and are here to assist employees facing unlawful retaliation during this latest strike as well,” added Mix.
Fourth Fred Meyer Grocery Employee Hits UFCW Union with Federal Charges
Unfair Labor Practice Charge: Union Bosses illegally threatening strike fine against nonmember worker
PORTLAND, OR (February 6, 2025) – Portland-area Fred Meyer grocery store employee Robert Wendelschafer has filed federal charges against the United Food and Commercial Workers International Union (UFCW) Local 555. The charges state that union officials broke federal law by ignoring his request to resign union membership during a union strike and are unlawfully retaliating against the employee by demanding nearly $1000 from him because he exercised his right to rebuff union boss strike orders and go to work.
Robert Wendelschafer has joined co-workers Sandra Harbison, Coyesca Vasquez, and Reegin Schaffer in filing charges against the UFCW with National Labor Relations Board (NLRB) Region 19 with free legal aid from the National Right to Work Legal Defense Foundation. All four took legal action to challenge unlawful retaliation by union officials after the workers rebuffed union strike orders last year.
As detailed in his charge, on August 30, 2024 Wendelschafer exercised his right to resign union membership and return to work. Despite this, on December 18 union officials sent him a letter stating they had found him guilty of violating internal UFCW rules by crossing the picket line and as a result ordered him to pay a fine in the amount of $992.
If an employee is not a voluntary union member, he or she cannot be legally subjected to internal union discipline, like the fine UFCW union officials are attempting to impose on Wendelschafer, Harbison and Vasquez. UFCW union officials backed off their illegal discipline tactics in Shaffer’s case nearly immediately after her charges were filed in November, but the other charges are still pending with the agency.
UFCW Officials Were Previously Caught Illegally Imposing Massive Strike Fines Against Workers
During past UFCW–instigated strikes, workers faced similar unlawful fines, which union officials claim can only be disputed at internal union courts. In 2022, union officials illegally levied fines against King Soopers grocery chain workers in Denver, Colorado, who chose to exercise their right to work during a strike.
The unlawful fines issued by union bosses against the workers were more per day than the workers earned in a day of work, in one case totaling nearly $4,000 throughout the 10 day strike. In that instance Foundation staff attorneys won multiple cases against the UFCW, ultimately resulting in union bosses rescinding the unlawful fines.
“UFCW union officials are again displaying their penchant for using strikes to consolidate power, by threatening rank-and-file workers who exercise their legally-protected right to work despite a union boss-ordered strike,” said National Right to Work Legal Defense Foundation President Mark Mix. “Workers have a clear legal right to resign from union membership and return to work without facing illegal fines or disciplinary actions, and Foundation attorneys stand ready to assist other Fred Meyer employees that have been subjected to illegal UFCW fines and threats.”
Portland–Area Fred Meyer Employee Wins Dispute with UFCW Union Local 555 Over Illegal Union Threats
UFCW union bosses backed down after facing federal charges for threatening workers who wouldn’t join union strike
PORTLAND, OR (November 25, 2024) – Reegin Schaffer, a Portland-area Fred Meyer employee, has prevailed in her dispute with United Food and Commercial Workers International Union (UFCW) Local 555. Schaffer filed charges against the union alleging that union officials broke federal law by ignoring her requests to resign union membership during a union strike and by unlawfully retaliating against her by seeking to fine her for exercising her right to disagree with union boss strike orders and go to work. Schaffer is receiving free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
Foundation attorneys’ actions forced UFCW Local 555 to quickly drop its internal disciplinary proceedings against her. These proceedings, which could have resulted in punitive fines, were initiated after Schaffer resigned her union membership and returned to work.
Charges: UFCW Union Bosses Made Illegal Fine Threats
Schaffer and co-worker Coyesca Vasquez filed charges at National Labor Relations Board (NLRB) Region 19. The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA), the federal law that governs private sector labor relations in the United States.
As detailed in the charges, on August 30, 2024 the employees exercised their right to resign union membership and return to work. However, on September 24, 2024, and October 14 2024, respectively, UFCW union officials notified Vasquez and Schaffer that the union had started internal proceedings against them and that their presence would soon be required at a union “trial,” which is the first step towards imposing fines.
If an employee is not a voluntary union member, he or she cannot be legally subjected to internal union discipline like the kind UFCW union officials attempted to impose. In such internal discipline tribunals, union bosses frequently levy punitive fines against workers amounting to thousands or even tens of thousands of dollars.
Once UFCW union officials dropped their attempt to fine Schaffer, Foundation staff attorneys asked the NLRB to end the case. Meanwhile, Coyesca Vasquez’s charge remains pending with the agency, which is investigating UFCW officials’ actions against Vasquez.
UFCW Officials Were Previously Caught Illegally Imposing Massive Strike Fines Against Workers
Workers have faced similar unlawful fines, during past UFCW–instigated strikes. In 2022, union officials illegally levied fines against King Sooper’s grocery chain workers in Denver, Colorado who chose to exercise their right to work during a strike.
The unlawful fines issued by union bosses against the workers were more per day than the workers earned in a day of work, in one case totaling nearly $4,000 throughout the 10 day strike. In that instance, Foundation staff attorneys filed multiple cases against the UFCW, ultimately resulting in union bosses rescinding the unlawful fines.
“That Reegin Schaffer ultimately prevailed and forced UFCW bosses to drop their illegal threats does not erase the troubling pattern of behavior by UFCW union officials, who have repeatedly sought to undermine workers’ protected legal rights through retaliatory fines,” said National Right to Work Legal Defense Foundation President Mark Mix. “Employees should not have to file federal charges just to have their rights respected, and we look forward to continuing to assist Coyesca Vasquez in her case against UFCW union bosses’ ugly retaliation tactics.”
Overwhelming Majority of Union Kitchen Workers File Petition Seeking to Remove UFCW Union
Request for end of union so-called ‘representation’ comes amid contentious boycott and picket ordered by union officials against rank-and-file workers
Washington, DC (July 14, 2023) – Employees of five Union Kitchen Grocery locations in the Washington, DC, metro area have filed a petition seeking to end United Food and Commercial Workers (UFCW) Local 400’s monopoly bargaining power over workers. The employees submitted their decertification petition to the National Labor Relations Board (NLRB) Region 5 with free legal aid from the National Right to Work Legal Defense Foundation.
Union Kitchen employee Ashley Silva submitted a union decertification petition that was supported by the vast majority of her coworkers. Under NLRB rules, this should trigger an NLRB-administered decertification vote. Under federal labor law, it is illegal for employers to engage in monopoly bargaining that impacts the employment terms of all employees, even those opposed to unionization, with a minority union that lacks the support of a bare majority of workers.
With the petition now filed, the NLRB should now promptly schedule a secret ballot election so the workers can formally vote to end union officials’ power to impose a contract, including forced dues, on the workers.
Because the District of Columbia lacks Right to Work protections for its private sector workers, UFCW union officials have the power to enter into an agreement with Union Kitchen forcing Silva and her coworkers at the four DC locations to pay union dues or fees as a condition of keeping their jobs. In contrast, in Right to Work jurisdictions like those at Union Kitchen’s Northern Virginia location, union membership and financial support are strictly voluntary.
Silva and her coworkers’ effort comes amid union boss-ordered pickets and boycotts against Union Kitchen Grocery locations, which have inflamed tensions among workers and raised questions about union officials’ motives. In some instances, reportedly union picketers have endangered workers by blocking exits, requiring the intervention of police.
“The vast majority of the workers at Union Kitchen are sick and tired of the UFCW’s picketing, harassment of employees, and constant disruptions of our day-to-day work life,” Silva said. “If the union cares at all about what we want, they will respect our wishes and immediately disclaim their interest in representing workers who have overwhelmingly rejected them.”
Union Kitchen Effort Latest in Wave of Union Decertification Efforts Nationwide
Foundation attorneys are currently assisting workers nationwide in a number of high-profile decertification efforts. Most notably, Starbucks employees at locations in Buffalo, New York City, Pittsburgh, and Bloomington, MN, are seeking to remove the Starbucks Workers United (SBWU) union only one year after the union launched a highly-publicized campaign in an attempt to unionize the coffee chain.
In Miami, Foundation attorneys also recently aided XPO Logistics freight drivers in removing an unwanted Teamsters union from their facility. Teamsters bosses, including James Hoffa, considered the Miami XPO contract a breakthrough. Now those workers have rejected the Teamsters.
The NLRB’s data shows a unionized private sector worker is now far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021. However, union officials still have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unrelated or unverified charges against management.
“Disrupting a work environment with continuous pickets and boycotts is not what Union Kitchen Grocery employees want or need. The employees’ overwhelming support for a union decertification vote should send a strong message to UFCW union officials that they need to leave,” commented National Right to Work Foundation President Mark Mix. “Foundation attorneys will defend these employees in the exercise of their rights, and will oppose any attempts by UFCW officials to disenfranchise the Union Kitchen workers of their legal right to remove a union they so clearly want nothing to do with.”
