California Home Depot Freight Drivers Overwhelmingly Vote to Oust Unwanted Teamsters Union
After over 80% of drivers voted against union, workers are free of union monopoly ‘representation’ and forced union fee demands
San Jose, CA (November 28, 2022) – A group of freight drivers at Home Depot in San Jose, California, have overwhelmingly voted to remove the International Brotherhood of Teamsters Local 853 union from their workplace. The workers’ decertification petition was filed with the National Labor Relations Board (NLRB) Region 32 with free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
Home Depot employee Jose Flores filed the decertification petition for his coworkers who wanted to oust the unpopular union. The request seeking to end Teamsters union officials’ monopoly bargaining powers at Home Depot was signed by enough workers in the bargaining unit to trigger an NLRB-conducted secret ballot vote on whether to remove the union. Twenty-one of the 26 workers who voted – more than 80% – were in favor of removing Teamsters union officials.
“Yes, we won the election and it would not have been possible without your help and without the support of my co-workers,” Mr. Flores commented. “I do not know what the correct words would be to express it, but I feel victorious for having won. The victory is not only mine because without the support of my co-workers it would not have been possible.”
California is not a Right to Work state. That means all workers in a unionized workplace can legally be required to join or pay dues or fees to a union as a condition of keeping their jobs. Because the workers voted to oust Teamsters union officials, the officials will be stripped of their monopoly ‘representation’ powers used to impose forced union dues.
The successful decertification vote at Home Depot comes as interest in holding votes to remove unions increases 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 the average nonunion worker is to be involved in a unionization campaign, with one analysis finding decertification petitions up 42% this year.
“We’re pleased Jose Flores and his coworkers were able to oust unwanted Teamsters officials from their workplace,” commented National Right to Work Foundation President Mark Mix. “No worker anywhere should be forced under so-called union “representation” they oppose.”
“Foundation staff attorneys stand ready to provide free legal aid to workers from coast-to-coast in exercising their legal rights to hold a decertification election so they can vote out a union they oppose,” added Mix.
SF Security Officer Slams SEIU Union and Allied Universal with Federal Charges for Discrimination & Unfair Labor Practices
Despite informing both management and union of religious objections to union membership and financial support, employer seized money from worker’s paycheck for union
San Francisco, CA (November 10, 2022) – Thomas Ross, a San Francisco-based security officer employed by Allied Universal, has hit union officials affiliated with the Service Employees International Union (SEIU) and his employer with two sets of federal charges for forcing him to join and financially support the union after he told both parties his religious beliefs forbid union support. He is receiving free legal aid from National Right to Work Foundation staff attorneys.
Ross filed both federal discrimination charges, which will now be investigated by the Equal Employment Opportunity Commission (EEOC), and unfair labor practice charges, which will be handled by the National Labor Relations Board (NLRB).
Ross is a Christian and opposes union affiliation on religious grounds. Title VII of the Civil Rights Act of 1964 prohibits unions and employers from discriminating against employees on the basis of religion. Title VII thus forbids forcing individuals to fund or support a union, the activities of which conflict with their religion. It also requires unions and employers to accommodate religious objections to union payments. Yet, according to Ross’ discrimination charges, SEIU union bosses flatly denied a request he made for such an accommodation.
Ross’ unfair labor practice charges, filed at NLRB Region 20, state that SEIU bosses and Allied Universal officials breached basic federal law by telling him that union membership is mandatory. The National Labor Relations Act (NLRA) protects private sector workers’ right to abstain from any or all union activities, and forced union membership is prohibited regardless of an individual worker’s reason for not wanting to affiliate with a union.
California’s lack of Right to Work protections for its private sector workers means that union officials are granted the power to force workers to pay them fees or be fired in workplaces where they maintain power. However, under federal law, employees with religious objections cannot be compelled to pay such fees. In Right to Work states, in contrast, no worker can be fired for refusal to financially support a union.
Union’s Discriminatory Demands Violate Both Title VII and Basic Federal Labor Law
According to his discrimination charges, Ross informed both the SEIU union and Allied Universal when he was hired in 2020 that his religious beliefs disallowed union membership and that he needed an accommodation. In addition to ignoring that request, his charges state that on July 20, 2022, “Allied Universal…demanded that I sign a payroll deduction, join the unions, and pay union dues.”
On August 31, 2022, Ross reminded Allied Universal of his religious objection to paying union dues, but on September 15, 2022, Ross’ “employer stated that union membership was compulsory and deducted union fees” from his paycheck without his consent.
Ross’ unfair labor practice charges state that those deductions violate the NLRA, because that statute prohibits the deduction of union dues and fees unless the employee has signed a written authorization. Ross’ discrimination charges argue that both his employer and the union have also violated his rights “under Title VII of the Civil Rights Act of 1964” and parallel state non-discrimination laws.
Foundation Attorneys Regularly Win Cases for Workers Facing Religious Discrimination
Workers nationwide frequently turn to the National Right to Work Foundation for free legal aid when union chiefs snub their requests for religious accommodations or otherwise discriminate against them based on their religious beliefs.
This past July, Foundation staff attorneys scored a multi-million-dollar jury verdict for former Southwest flight attendant Charlene Carter, whom Transport Workers Union (TWU) officials subjected to ridicule based on her religious opposition to union activities. This March, also with Foundation aid, Fort Campbell custodial worker Dorothy Frame won a settlement gaining a religious accommodation after Laborers’ (LIUNA) union officials unlawfully questioned her religious belief that she could not support financially the union’s political activities.
“The Foundation is proud to help working men and women who courageously stand up for their beliefs even in the midst of union coercion,” commented National Right to Work Foundation President Mark Mix. “However, it’s important to recognize that, regardless of whether an employee’s objection to union affiliation is religious in nature or not, no American worker should ever be forced to subsidize union activities they oppose.”
Faced with Prosecution, NY IATSE Film Production Union Bosses Settle Case Over Illegal Discrimination Against Nonmembers
National Labor Relations Board settlement pulls back curtain on pervasive discriminatory practices among entertainment industry unions
New York, NY (November 2, 2022) – New York-based movie production electrician James Harker has scored a victory against International Alliance of Theatrical Stage Employees (IATSE) Local 52 union officials, who have been unlawfully denying jobs to non-union film industry workers. With free legal assistance from the National Right to Work Legal Defense Foundation, Harker has won a settlement requiring IATSE Local 52 officials to stop a series of discriminatory practices designed by union officials to sideline nonmembers in favor of union members.
IATSE Local 52, based in New York City, has monopoly bargaining agreements with film production companies that give it control over movie, television, and commercial shoots in New York, New Jersey, Connecticut, and parts of Pennsylvania and Delaware. Harker filed these NLRB charges against IATSE Local 52 in March 2021 and January 2022.
National Labor Relations Board (NLRB) Region 29 has agreed that many of the practices cited in Harker’s charges violate the law. The NLRB issued a complaint in May 2022 against the union, which is the NLRB’s formal step towards prosecuting infringements of federal law before an NLRB Administrative Law Judge.
The complaint, issued by the NLRB Regional Director, stated that IATSE union officials had broken federal law by forbidding production companies to hire nonmembers without permission from union bosses, forcing nonmembers to go through the union to apply for jobs, requiring union members with hiring authority to exhaust all union member hiring options before hiring nonmembers, and more.
Most notably, IATSE union officials facilitated a practice called “bumping,” in which the union required employers to release from work any crewmembers on a film shoot who were not members of the union when a union member became available to work and wanted that position. The complaint says that this and other practices violate employees’ rights to refrain from all union activity and causes “employers to discriminate against employees,” both of which are prohibited by the National Labor Relations Act (NLRA).
Settlement Requires IATSE Bosses to Stop Letting Members Kick Nonmembers Off Jobs
Now, to stop the case from proceeding to trial, IATSE Local 52 union officials have entered into an NLRB settlement that includes requirements that they cease these illegal activities and notify workers of the rights the union’s practices infringed on. The settlement vindicates Harker, who filed the charges after seeing the ongoing illegal practices harm fellow production workers.
The settlement orders IATSE Local 52 to comply with a number of requirements, including that union bosses will no longer “require nonmember…employees to obtain work through the Union,” “will not interfere with employers and their agents hiring nonmembers without first obtaining approval from the Union,” and “will not require employers to allow members to bump nonmembers off of productions because of the nonmembers’ lack of membership with the Union.”
IATSE union officials are required to disseminate the settlement notice to union members and nonmembers under the union’s control, as well as to production companies. The settlement notice must also appear in IATSE Local 52’s newsletter, and IATSE union officials are ordered to attend mandatory training on employee rights and hiring procedures.
“IATSE union officials’ scheme to keep nonmember production workers off the job is a classic example of union officials prioritizing power and control over workers’ individual rights,” commented National Right to Work Foundation President Mark Mix. “The Foundation was proud to back Mr. Harker, who recognized the patent injustice of this arrangement.”
“Film crew members who have exercised their right not to affiliate with a union should know that they can’t be required to go through union officials to look for work, and can’t be ‘bumped’ off a job just so a union member can get it,” Mix added. “Unfortunately, Foundation attorneys’ experience is that these types of unlawful schemes are ubiquitous in the entertainment industry, where near-total union boss control combined with the fear of union retaliation keeps most victims too scared to defend their rights.”
Louisville Ford Assembly Plant Worker Slams UAW Union with Federal Charges for Seizing Money from Her Paycheck Illegally
Charge detailing violation of employee’s rights comes after multiple top UAW chiefs have been sentenced to prison for widespread corruption and embezzlement of workers’ dues money
Louisville, KY (October 27, 2022) – Shiphrah Green, an employee at Ford’s Louisville Assembly Plant, has filed federal charges against the United Automobile Workers (UAW) Local 862 union at the plant. Her charges contend that union officials are violating her rights by seizing dues money from her paycheck after she resigned her membership and requested a stop to all dues. Green, who is represented for free by National Right to Work Legal Defense Foundation staff attorneys, also hit Ford with federal charges for their officials’ role in the unlawful deduction of union dues.
National Labor Relations Board (NLRB) Region 9 in Cincinnati will now investigate Green’s charges. The charges detail UAW and Ford officials forcing Green to navigate several unnecessary and unlawful steps to end her financial support for the union. They even state that the Local 862 president made threatening comments regarding Green’s job just because she exercised this basic free choice right. To date, the charges state, Ford and the UAW have not stopped collecting full union dues from Green’s paycheck.
Green’s charges argue that both the UAW union and Ford infringed on her rights under Section 7 of the National Labor Relations Act (NLRA), which protects American private sector employees’ right to refrain from any or all union activities. Additionally, Kentucky is a Right to Work state, meaning union officials are forbidden by state law from getting workers fired merely for refusal to join or financially support a union.
UAW Officials Block Employee from Exercising Basic Rights
According to her charges, Green sent correspondence to both UAW and Ford officials on April 21, 2022 informing them she was resigning her union membership and cutting off union dues deductions from her wages. Neither party granted her request, and Green instead received an email from UAW Local 862’s president notifying her that she needed to be shown the purportedly “correct” method to leave the union.
At a meeting with union officials at the UAW union hall on April 25, UAW officials forced Green to answer questions about why she wanted to leave the union. They also demanded she sign a letter listing “benefits” Green would supposedly forgo if she went through with exiting the union.
The charge contends that NLRB precedent prohibits requiring workers to sign such a document just so they can exercise their right to end their union membership and stop dues deductions. UAW Local 862’s president apparently went even further. According to the charge, he told Green “if it were up to me, you’d lose your job for leaving the union.”
As this chain of events was ongoing, Green was also trying to get Ford management to end the dues deductions. This also proved fruitless, as Ford officials gave her several confusing responses and even told her at one point that she could only cease dues deductions in February 2023 – even though the previously authorized dues deduction document stated it could be revoked at will.
The charges contend that Ford violated federal law by “continuing to take full union dues” from Green’s paycheck at union bosses’ behest even after she had requested that they stop, and that UAW Local 862 violated federal law by continuing to accept those illegally-seized dues, by “restricting her union membership resignation, and by making threatening comments that would chill an ordinary employee’s exercise of Section 7 rights.”
New Evidence of UAW Corruption Emerges After Top UAW Chiefs Receive Jail Sentences
Green’s charges come as the UAW union is still reeling from the effects of a years-long investigation by federal prosecutors into massive corruption within the union hierarchy. The probe, as of July 2022, has already resulted in convictions of at least 17 people, including two former UAW presidents and at least nine other UAW top officials. The convicted former UAW presidents, Gary Jones and Dennis Williams, were sentenced to a combined 49 months in prison.
UAW officials were convicted most notably of embezzling millions from the union’s dues-stocked coffers for luxury golf vacations, expensive liquor and cigarettes, steak dinners, amusement park tickets, and more.
“The past few years have shown how deep anti-worker corruption runs within the UAW hierarchy. Ms. Green’s case is just one more manifestation of a culture that clearly values the ability to siphon money from rank-and-file employees far above respecting employee rights,” commented National Right to Work Foundation President Mark Mix. “Workers under UAW control in Kentucky should know that they have the right to cut off all union dues payments to union officials, and the right to end their memberships at will. Any obstacles created by union officials to hinder the exercise of these rights are illegal, and employees should reach out to Foundation staff attorneys for free legal aid if they encounter such roadblocks.”










