17 Feb 2026

Majority of Lynchburg, Virginia Manufacturing Plant Workers File Petition to Oust Chemical Union Bosses

Posted in News Releases

Parker O-Rings & Engineered Seals employees petition to end union’s near 50-year “representation” at facility

Lynchburg, VA (February 17, 2026) – Natera Carter, an employee of Parker O-Ring & Engineered Seals, has filed a petition with the National Labor Relations Board (NLRB) seeking a “decertification” election to remove the International Chemical Workers Union Council (ICWUC) Local 845C labor union from her workplace. The petition was filed with free legal aid from National Right to Work Foundation staff attorneys.

The NLRB is the federal agency responsible for enforcing the National Labor Relations Act, a task that includes administering elections to install (or “certify”) and remove (or “decertify”) unions.

Carter’s petition was signed by the majority of her 51 coworkers, far exceeding the amount required to trigger an NLRB-supervised secret ballot decertification vote. The workers’ election has been scheduled for February 25th, 2026, and will include all hourly production, lab technicians, maintenance, shipping, receiving, and quality inspection employees at the Lynchburg facility. According to the petition, the union gained monopoly power over the workplace in 1980.

“The workers who decided to bring the union into this workplace are no longer here and now it is time for current employees to have our say,” stated Carter. “We’ve seen the union up close and now we’re joining together to remove it.”

Virginia is one of the 26 states with Right to Work protections that safeguard workers by making union affiliation and dues payment strictly voluntary. Yet, even in Right to Work states, union officials can impose exclusive bargaining control upon all workers in a workplace, even those who oppose the union.

“Virginia’s popular Right to Work law means union officials cannot have workers fired for refusing to join or pay dues to the union, but even in Virginia, workers are forced under union monopoly ‘representation’ they don’t want and never asked for,” commented National Right to Work Foundation President Mark Mix. “This case and the many others like it are a reminder that in addition to the overwhelming majority of workers who choose to remain nonunion, countless others are currently forced under a union monopoly they oppose. That’s just plain wrong.”

30 Jan 2026

Washington State Medical and Aerospace Materials Manufacturing Workers File Petition to Remove Machinists Union Bosses

Posted in News Releases

Majority of manufacturing workers back petition to end IAM union officials’ monopoly “representation” powers

Bellingham, WA (January 30, 2026) – Albert Sherman Toribio, an employee of Trulife, Inc., has filed a petition with the National Labor Relations Board (NLRB) seeking a “decertification” election to remove International Association of Machinists (IAM) Local 2379 union officials from his workplace. The petition, which a majority of workers support, was filed 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 (NLRA), a task that includes administering elections to install (or “certify”) and remove (or “decertify”) unions. The workers are requesting NLRB Region 19 schedule an election so that they can exercise their right to remove the IAM from their facility.

Toribio’s petition was signed by a majority of his 58 coworkers, far more than the number of signatures required to trigger an NLRB-supervised secret ballot decertification vote.

Washington is one of the 24 states that lack Right to Work safeguards for workers, which allows IAM union bosses to impose monopoly bargaining contracts that force employees to pay union dues or fees as a condition of employment. By contrast, in Right to Work states like neighboring Idaho, union membership and union financial support are strictly voluntary.

“We are pleased to be able to assist Mr. Toribio and his fellow employees in their effort to exercise their rights under the NLRA to hold a secret ballot election to remove unwanted IAM union bosses from their facility,” commented National Right to Work Foundation President Mark Mix. “The NLRB should promptly schedule this vote so these workers can free themselves from a union that most workers want nothing to do with.”

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.

31 Oct 2025

CalPortland Fresno Ready Mix Drivers File Petition to End Teamsters Local 431 Union Boss “Representation”

Posted in News Releases

Majority of workers back petition seeking to free themselves of Teamsters union officials

Fresno, CA (October 31, 2025) – Drivers of building materials company CalPortland’s Fresno Ready Mix Plant have filed a petition with the National Labor Relations Board (NLRB) requesting that the NLRB hold a “decertification” election to remove Teamsters Local 431 from their workplace. The drivers’ efforts are spearheaded by Darrell Dunlap Sr., who filed the petition with free legal aid from National Right to Work 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.

Dunlap Sr.’s petition is supported by the majority of his coworkers, who also seek a secret ballot election from the NLRB to vote out the Teamsters as the drivers’ monopoly bargaining “representative.”

“This workplace has been under Teamster union control for over 20 years, so we’ve seen union officials’ actions up close for many years,” commented Dunlap Sr. “As our majority-backed petition shows, based on our extensive experience with the Teamsters, we are confident we’ll be better off without a union.”

California is one of the 24 states that lack Right to Work protections, which allows Teamsters union bosses to impose union monopoly bargaining contracts that force employees to pay union dues or fees as a condition of employment. By contrast, in neighboring Right to Work states like Arizona and Nevada, union membership and union financial support are strictly voluntary.

Independent-minded workers across the United States have been leading efforts to decertify Teamsters union bosses. The Foundation has seen a marked rise in requests from workers seeking legal assistance in Teamsters decertification cases.

“The rank-and-file are the most familiar with the union officials in their workplaces, and this is just the latest of a growing number of employees who have decided to exercise their right to free themselves of unwanted so-called ‘representation,’” commented National Right to Work Foundation President Mark Mix. “Given Teamsters’ bosses’ intimidation tactics or worse, it is not surprising that the Teamsters are regularly the union that faces the most worker decertification drives.”

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.”

14 Oct 2025

Pennsylvania EMT/Rescue Workers File Second Petition for ‘Decertification’ Vote to Remove Teamsters Local 205

Posted in News Releases

At Teamsters’ behest, NLRB official blocked earlier election request citing non-statutory NLRB ‘bar’ to decertification after card check unionization

Huntingdon, PA (October 14, 2025) – Shannon Martin, an employee of North Huntingdon EMS/Rescue, has filed a second petition with the National Labor Relations Board (NLRB) seeking a “decertification” election to remove Teamsters Local 205 union officials as the employees’ “representative.” Martin is receiving free legal aid from National Right to Work Foundation staff attorneys.

Martin’s second request comes after the NLRB’s Regional Director for Region 6 in Pittsburgh shot down her first petition. At the behest of Teamsters union lawyers, the Regional Director dismissed the employees’ request for a secret ballot election. That decision cited the agency’s non-statutory “voluntary recognition bar” that prohibits worker-requested secret ballot elections from being held for at least six months and up to one year after a union gains monopoly bargaining power over workers through the abuse-prone “card check” process.

The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA), a task that includes administering elections to install (or “certify”) and remove (or “decertify”) unions. The Board-created “bar” cited to stifle Martin and her colleagues’ election request is nowhere to be found in the text of the NLRA, but is rather a bureaucratic invention of the agency that is often used by union officials to block workers from having their voices heard.

In the dismissal notice, the NLRB Regional Director stated that “since the petition was filed eight days short of six-months from the parties’ first bargaining session, a voluntary recognition bar exists and I am therefore dismissing the petition.” The premise upon which Martin’s petition was thrown out was that the union demanded and was granted recognition from North Huntingdon EMS/Rescue to be the workers’ monopoly representative without holding a secret ballot NLRB-administered election. Because the parties had been bargaining for less than six months, the Regional Director dismissed the petition, despite the text of the NLRA stating that the Board “shall direct an election” when a question concerning the union’s status as the employees’ representative is raised.

Because Pennsylvania lacks Right to Work protections, Teamsters union bosses are able to impose union monopoly bargaining contracts that force employees to pay union dues or fees as a condition of employment. Without a decertification election to remove the union, Martin and her colleagues will likely be forced to pay union dues or fees under threat of termination.

The Foundation has seen a rise in the requests for assistance from independent-minded workers seeking support in their efforts to be free of unwanted union bosses. This includes recent cases in Texas and Kentucky where other workers are seeking to remove the Teamsters from their workplace.

“Teamsters union brass, increasingly unable to hold onto their rank and file, are choosing to silence worker voices by not allowing them the chance to have their wishes expressed via secret ballot elections,” stated National Right to Work Foundation President Mark Mix. “This attempt to use any means to keep workers trapped in a union they oppose and never even voted for demonstrates why the NLRB should move to eliminate the various Board-created hurdles that workers face when attempting to exercise their statutory right to hold decertification elections.”

12 Oct 2025

Workers Nationwide Urge Trump NLRB to End Policies Trapping Them Under Union Power

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

NLRB-invented policies currently allow union bosses to block worker-requested votes

Theresa Hause, an Oregon-based school bus driver, wants the Trump NLRB to end the so-called “merger doctrine” that grants union officials the power to combine workplaces into giant, inescapable mega-units.

Theresa Hause, an Oregon-based school bus driver, wants the Trump NLRB to end the so-called “merger doctrine” that grants union officials the power to combine workplaces into giant, inescapable mega-units.

WASHINGTON, DC – During the Biden Administration, biased, pro-Big Labor National Labor Relations Board (NLRB) bureaucrats went out of their way to undermine the idea that workers and workers alone should choose whether or not they want a union. Rolling back multiple National Right to Work Foundation-backed reforms that made it easier for workers to vote out unions they didn’t want was a prime example of this.

But the Biden NLRB’s extremism is only the latest example of how federal labor law is biased against workers opposed to union affiliation. The truth is that biased bureaucrats on the NLRB have, for decades, burdened independent-minded workers with arbitrary barriers to freeing themselves from union influence. Many of these policies — which are the inventions of NLRB decisions and appear nowhere in the National Labor Relations Act’s (NLRA) text — let union bosses block workers from exercising their statutory right to vote to remove a union.

Bus Drivers Fight Forced Dues in Huge, Inescapable Teamsters Unit

The Trump Administration taking control of the NLRB in Washington, D.C., has presented workers around the country who want to escape union influence with a new opportunity to attack these restrictions. Foundation attorneys are already helping workers lead the charge for reform to create precedents that will allow others to remove unions opposed by most workers.

Last December, Theresa Hause, a Washington State-based school bus driver, submitted to the NLRB a deauthorization petition which contained employee support well over the necessary threshold needed to trigger a vote to strip Teamsters Local 58 bosses of their forced-dues power in Hause’s workplace. Hause and her fellow drivers are employed by First Student, Inc.

She was surprised to learn during NLRB proceedings that First Student management and Teamsters union officials had covertly signed an agreement “merging” Hause’s small unit of workers into a much larger national unit, composed of thousands of Teamsters-controlled bus drivers across the country.

Because of the NLRB’s so-called “merger doctrine” policy, Hause and her colleagues are now in this “mega-unit,” and any petition to end the union’s forced-dues power (or remove the union completely) needs to contain signatures from at least 30% of the “mega-unit” — thousands of people Hause has never met — to be considered valid. The NLRB official that dismissed Hause’s petition even ruled that the fact employees were kept in the dark about this merger was irrelevant, outrageously saying “there is nothing in the merger doctrine that requires acquiescence or even notification of employees of a change in a bargaining unit.”

Hause’s Foundation-provided attorneys are challenging the merger doctrine in an appeal of Hause’s case to the NLRB in D.C., arguing among other things that the policy violates employee free choice and that it serves as a protection racket for established unions.

While Hause and her colleagues are fighting for a vote to free themselves from forced dues, attacking the merger doctrine also has significant ramifications for workers seeking to decertify a union. Foundation attorneys have represented many workers who have been shanghaied into huge, inescapable work units against their will. That includes a group of less than 10 Wisconsin First Student workers who filed a majority-backed petition to remove Teamsters officials as soon as allowed by federal law, only to be stymied by the merger doctrine because they had been secretly “merged” into a multi-company unit of around 24,000 workers in multiple states.

WV Homecare Workers Not ‘Settling’ for ‘Settlement Bar’

Meanwhile, in West Virginia, a Foundation-assisted employee of senior homecare nonprofit McDowell County Commission on Aging is attacking the NLRB’s use of another union boss-friendly policy to block his and his coworkers’ effort to kick out Service Employees International Union (SEIU) bosses: the so-called “settlement bar,” which lets unions and employers unilaterally agree in settlements to end employee-led union decertification efforts.

The employee, John Reeves, and his coworkers cast ballots in a July 2024 vote to remove SEIU union officials, but are now battling claims that a settlement SEIU bosses and Commission management signed should relegate those ballots to the trash bin. The SEIU and Commission entered into the settlement to end the decertification and resolve unfair labor practice allegations union agents had filed against the employer. That supposed employer wrongdoing was cited as the impetus for Reeves and his coworkers’ desire to remove the union — even though it was never admitted to by the employer nor proven by union lawyers.

Instead of letting Reeves show why the union’s accusations didn’t cause his employees’ disenchantment with the union, regional NLRB officials instead invoked the settlement bar and dismissed the decertification effort, based on the phony “resolution” of speculative charges by the union. Reeves is asking the NLRB in Washington, D.C., to review his case.

Reform Needed to Undo Coercive Policy

“Ms. Hause’s and Mr. Reeves’ cases provide just a sampling of the grand buffet of privileges the NLRB has granted union bosses over the years,” observed National Right to Work Foundation Vice President Patrick Semmens. “Union bosses and complicit employers should not be able to cut workers off from exercising their basic right to remove unpopular union bosses, yet that’s exactly what both the ‘merger doctrine’ and ‘settlement bar’ allow.

“If members of the Trump NLRB are dedicated to defending the rights of all American workers, they will focus not only on countering the extensive damage done to individual worker rights by the Biden Labor Board, but also on digging deeper to undo the web of non-statutory coercive union boss powers that has been created over decades,” Semmens added.

2 Oct 2025

Builders FirstSource Workers Join Other KY Construction Industry Workers in Ending Teamsters Local 89 ‘Representation’

Posted in News Releases

Majority of workers backed petitions calling for Teamsters removal as second workplace ejects Teamsters Local 89 bosses in recent weeks

Louisville, KY (October 2, 2025) – Kenneth Moore, an employee of Builders FirstSource, and his coworkers have been freed from the hold of Teamsters Local 89 union bosses after Builders FirstSource ended its recognition of the Teamsters as the workers’ “representative.” The employer took this decision following a petition signed by a majority of the workers demanding that Builders FirstSource end the recognition of the Teamsters.

This development comes after Moore filed a petition last month at the National Labor Relations Board (NLRB) seeking a decertification election to remove the union from his workplace. Moore filed his petition at the NLRB with free legal aid from National Right to Work Foundation staff attorneys. Moore and his colleagues now join Chris Smith and other IMI – Irving Materials drivers who were successful in removing the Teamsters Local 89 in Scottsville, KY last month.

The NLRB is the federal agency responsible for enforcing the National Labor Relations Act and adjudicating disputes between employers, unions, and individual employees.

Thanks to the 2019 Right to Work Foundation-won Johnson Controls NLRB decision, workers seeking to remove unwanted union bosses can also do so by submitting a majority-backed petition asking their employer to stop recognizing the union. If there is a dispute about the petition, the NLRB can administer a secret-ballot vote to assess the employees’ opposition to the union.

The workers’ petition to Builders FirstSource managers provided the company with proof that the majority of their employees do not support the Teamsters presence at their facility. In compliance with the Johnson Controls decision, the employer withdrew the Teamsters’ recognition.

Moore and his Builders FirstSource colleagues are amongst the most recent workers who have made strides to remove the Teamsters from their workplaces. According to the NLRB’s owns statistics, over the past 12 months over 20% of all decertification cases involved the Teamsters union.

Kentucky is one of the 26 states with a Right to Work law that protects workers by making union affiliation and dues payment strictly voluntary. However, even in Right to Work states, union officials can still impose monopoly bargaining control upon all workers within a workplace, even those who oppose the union.

“These two groups of Kentucky workers are the latest to come to the conclusion that the interests that Teamsters bosses are pursuing are at odds with the wishes of the rank and file,” commented National Right to Work Foundation President Mark Mix. “The Foundation will continue to assist workers in their efforts to free themselves from the Teamsters or any other unwanted so-called ‘representation.’”

30 Sep 2025

IBEW Local 16 Folds in Case Concerning Illegal $1.29 Million Retaliatory ‘Fine’ Threat Against Local Electrician

Posted in News Releases

Union bosses imposed illegal limitations on resigning union membership, told electrician he would be fined for starting new business unless he signed with the union

Evansville, IN (September 30, 2025) – Brian Head, an Evansville-based electrician, has vindicated his federal labor rights against the International Brotherhood of Electrical Workers (IBEW) Local 16 union. Head filed federal charges after IBEW union officials threatened him with a $1.29 million internal disciplinary fine even though he had validly resigned his union membership. He filed the charges at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Foundation staff attorneys.

The settlement requires union officials to rescind all fines against Head, expunge all records of them, and refrain from interfering with workers who exercise their right to resign their union membership in the future. The union is also required to notify other workers of their legal right to resign their union membership without restriction, and be free of any attempt to impose internal union fines post-resignation.

Fine Threats Came After Electrician Refused to Hand Over Business to Union Power

The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA) and adjudicating disputes between employers, unions, and individual employees. Head’s charges document that he had resigned his IBEW union membership on March 27, 2025, in a notarized letter that IBEW officials acknowledged receiving. However, the union’s reply letter claimed that “[i]t is a six-month process before the resignation is finally effective.”

The NLRA forbids restricting the right of workers to resign their union memberships. Section 7 of the NLRA enshrines workers’ right to refrain from union membership. Furthermore, union bosses cannot impose discipline or fines upon nonmember workers.

IBEW Local 16 union officials began retaliating against Head after he resigned his union membership and announced he was purchasing a non-union electrical firm. Head refused to sign an IBEW Letter of Assent, which would have likely forced his employees under union control without any kind of worker vote.

Following Head declining to hand over his business to a union he was no longer legally affiliated with, IBEW Local 16 officials sent Head correspondence on May 1 demanding he appear before a union tribunal. Head later received a letter from IBEW Local 16 bosses on June 9 finding him “guilty” of violating the union’s constitution and imposing a “$1.29 Million dollar fine” as a penalty.

Foundation-Won Settlement Forces IBEW to Inform Workers of Rights

An NLRB Regional Director reviewed Head’s charges against IBEW union officials’ overreach, and made a merit determination in his favor, finding that the IBEW Local 16 union officials violated Head’s rights under the NLRA. IBEW union officials quickly decided to back down and settle rather than go to trial against the NLRB and Head’s Foundation lawyers. In addition to expunging their million-dollar-plus retaliatory fine, the settlement details that IBEW bosses must stop informing workers that there are restrictions on the right to resign one’s union membership. Additionally, they must inform all their members of their rights under the NLRA, and post the settlement on the union’s website.

“The Foundation is pleased to have assisted Mr. Head as he challenged IBEW union bosses’ attempt to illegally extort him after he had followed all legal procedures necessary to break free from the union,” commented National Right to Work Foundation President Mark Mix. “IBEW union bosses’ use of strong-arm tactics demonstrates that they value maintaining control over Indiana electricians far above respecting those electricians’ individual rights.

“Whenever union bosses violate the rights of any American worker, Foundation attorneys are ready to assist in their defense,” Mix added.

15 Sep 2025

Louisiana Poultry Employee Submits Second Petition Seeking Vote to Oust UFCW Union

Posted in News Releases

Workers’ first petition stalled by non-statutory NLRB ‘contract bar’ protecting unions’ control over workers

Hammond, LA (September 15, 2025) – Coty Hally, an employee of Wayne Sanderson Farms’ Hammond processing facility, has just filed a second petition with the National Labor Relations Board (NLRB) seeking a union “decertification” election to remove United Food and Commercial Workers (UFCW) Local 455 union officials from the workplace. Hally’s earlier petition in June of this year was dismissed by an NLRB Regional Director, which ruled that under its non-statutory “contract bar” policy no employee-requested decertification votes may occur for up to three years after a union contract is imposed. This occurred despite Hally having never seen the contract extension agreement that barred his petition.

Hally’s current petition, filed outside the contract bar’s arbitrary restriction, is supported by over 50% of his facility’s 550-person unit. The unit includes all production and maintenance employees, including truck drivers, at the poultry facility in Hammond, LA. Hally received free legal aid in filing both petitions from National Right to Work Foundation staff attorneys.

Concurrent with his two filed petitions, Hally also submitted a Request for Review to the NLRB, arguing that the agency should eliminate the three-year contract bar entirely, as it has no basis in the National Labor Relations Act (NLRA).

The NLRB is the federal agency responsible for enforcing the NLRA and adjudicating disputes between employers, unions, and individual employees. Under the text of the NLRA, the NLRB can only reject a worker’s petition for an election if another election has already taken place in the past 12 months. Hally’s Request for Review points out that the contract bar is nowhere to be found in the text of the NLRA. It explains that the doctrine was instead made up by unelected NLRB bureaucrats, who overstepped their legal authority by adopting policies that are detrimental to the rights of workers the Board is tasked with defending.

The contract bar has prevented Hally and his coworkers from having an NLRB-supervised secret ballot election for months, protecting union officials from being held accountable by workers that do not recognize them as their “representatives.” The NLRB’s contract bar places undue burdens on workers’ right to free choice.

“A system that necessitates the filing of two separate petitions, signed by a majority of a workplace, seeking to remove one union is not only a broken system, but one that actively works against the best interests of employees,” commented National Right to Work Foundation President Mark Mix. “Big Labor is not content with the special privileges granted to them by the law. Union bosses have also seen to it that they get a protected status from a federal agency that ought to be neutral and uncompromised.

“The NLRB needs to re-establish its impartiality in dealing with the disputes of American workers by doing away with the ‘contract bar’ and other non-statutory ‘bars’ that only serve to protect incumbent union bosses’ power over workplaces where they are opposed by most workers,” Mix added.