Nurse Files Federal Charges Challenging Union Policy that Conditions Contract Vote Participation on Signing Union Card
Nurse contends that union rule disenfranchising nonmembers is unlawful restraint on Section 7 right to refuse union membership protected by federal law
Baltimore, MD (September 22, 2026) – Jennifer Delaney, a nurse at Ascension Health’s St. Agnes Hospital in Baltimore, has filed federal charges with the National Labor Relations Board (NLRB) challenging a common union boss tactic designed to coerce employees into signing union membership and dues cards. The charges were filed with free legal aid from the National Right to Work Legal Defense Foundation.
Delaney’s charges argue that when union officials block nonmembers from voting on contracts that will apply to them, the union violates the National Labor Relations Act’s (NLRA’s) prohibition on unions restraining or coercing employees’ Section 7 right to refrain from union membership. Though the NLRB has long looked the other way when union officials engage in such discrimination during contract ratification votes, the charges argue that the Board can no longer brush aside this clear violation of the text of the NLRA in light of the U.S. Supreme Court’s 2024 ruling in Loper Bright Enterprises v. Raimondo.
The charges were filed after National Nurses Organizing Committee-National Nurses United (NNOC/NNU) officials prevented Delaney and other nonmember nurses from participating in a vote on September 17 over whether to ratify a monopoly union contract that would apply to both member and nonmember nurses alike. Delaney, with the assistance of her National Right to Work Foundation staff attorneys, filed similar charges in April 2025 when union officials disenfranchised nonmembers from voting on a “partial deal” regarding a contract proposal. Those charges remain pending.
Because Maryland lacks Right to Work protections for its private sector workers, NNOC/NNU officials are empowered to enforce union contracts on all of the approximately 600 nurses at St. Agnes that could require every nurse to make payments to the union or else be fired. Although this particular contract does not include a forced dues provision, union officials were nevertheless blocking nonmembers from voting on the monopoly bargaining contract unless they joined the union and authorized automatic dues deductions.
Nurse’s Challenge Follows Previous Discrimination Charge, Attempt to Vote Union Out
Ever since NNOC/NNU union officials gained power at the hospital, they have been a divisive force, with many nurses opposing the union. In January 2025, around 200 nurses voted to remove the union in a decertification election, but the union was narrowly able to maintain power despite less than half of eligible voters (244 out of 573) backing the union.
Delaney explains why so many nurses wanted nothing to do with NNOC/NNU: “This union proved itself to be a divisive force as soon as it began campaigning at our hospital. Many of the nurses opposed its agenda from the very beginning, and it is still making things difficult for both us and our patients. Little has changed since the union got in and now we are being denied a say over our own contract terms.”
Both the latest charge and the pending charge filed in April 2025 are being investigated by NLRB Region 5 officials based in Baltimore.
“The whole point of Section 7 is that workers get to decide for themselves whether or not to join a union, free of pressure from union officials,” commented National Right to Work Foundation President Mark Mix. “For too long, union bosses have weaponized their monopoly bargaining power over all employees in a workplace, effectively imposing a poll tax on workers by conditioning voting eligibility on union membership and dues payment.
“If NNOC/NNU bosses are unwilling to let nonmember nurses vote, then they are free to renounce their power to impose their one-size-fits-all contract on nonmembers,” added Mix. “Until that happens, it is vital the NLRB enforce the clear letter of federal law and protect these nurses from union policies designed to coerce them into signing away their legal rights.”
More Minnesota Nurses Send MNA Union Bosses Packing
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.
Politics-motivated union faces string of successful decertification votes in Minnesota
Brittany Burgess (front, center) and her coworkers at Mayo Clinic’s Mankato, Minnesota, branch sparked a wave of Foundation-backed efforts across Minnesota to declare independence from union bosses, with the most recent success in Fairmont, Minnesota.
FAIRMONT, MN – In 2022, then-President of the Minnesota Nurses Association (MNA) union Mary Turner expressed to the Minnesota Reformer her ambition to continue pushing the MNA’s political agenda in the Minnesota state legislature and eventually vie for the presidency of the National Nurses United (NNU) union, MNA’s parent.
The NNU is also known for its ardent political activity — in 2016, the union’s super PAC spent roughly $1 million on promoting self-proclaimed socialist Bernie Sanders for president.
When asked whether the union’s politics played a role in the fact hundreds of nurses, backed by the National Right to Work Foundation, had just voted MNA union bosses out of power at Mayo Clinic in Mankato, Minnesota, Turner had this to say: “They’re going to have to prove to us that they want the union because they lost it.”
Fast-forward to 2025, and the MNA’s obsession with politics hasn’t changed — and neither has nurses’ opposition to the alienating nature of the union. This January, with free Foundation legal aid, nurses at Mayo Clinic’s Fairmont, Minnesota, location voted by over 60% to remove MNA union officials from their facility.
“The MNA was a very divisive force in our workplace, and I think we’ll be able to better serve our patients and the community without the union,” commented nurse Jamie Campbell on the vote.
Foundation Backs Another Grassroots Effort to Nix MNA
Campbell kick-started the union removal effort by submitting a petition to the National Labor Relations Board (NLRB) in December 2024 requesting a union decertification vote.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Campbell’s union decertification petition contained well over the number of employee signatures needed to trigger a decertification vote under NLRB rules.
Because Minnesota lacks Right to Work protections for its private sector workers, MNA union officials had the legal power to require all the Fairmont Mayo nurses to pay at least a portion of union dues as a condition of keeping their jobs. In contrast, in Right to Work jurisdictions, union membership and all union financial support are voluntary and the choice of each individual worker.
However, in both Right to Work and non-Right to Work states, union officials are able to impose one-size-fits-all contracts on all employees in a work unit, even those who voted against or otherwise oppose the union.
Fairmont Victory Follows Others in Mankato, St. James
The election took place in January, and within a week, the NLRB certified the nurses’ successful ouster of the union.
Since 2022, several sizable units of healthcare workers in Minnesota have sought out Foundation legal aid to obtain removal votes against the MNA and other unions, and have often been successful in freeing themselves. After Mankato Mayo Clinic nurses voted MNA out, nurses at Mayo’s St. James branch did the same with AFSCME Council 65 in August 2022. Support staff at the Mankato facility kicked out American Federation of State, County, and Municipal Employees (AFSCME) Local 1856 union officials in 2023.
“MNA union bosses’ influence and political connections did not shield them from suffering another defeat by rank-and-file nurses at the ballot box,” commented National Right to Work Foundation Vice President Patrick Semmens.
“Ironically, Minnesota’s lack of Right to Work protections — which are vociferously opposed by the MNA — likely removed an important accountability tool from the relationship between the MNA and the nurses they claim to ‘represent.’ It’s no surprise that union bosses who can force workers to pay union dues or fees on pain of termination wind up being far less effective and more out-of-touch than union officials who must earn the voluntary financial support of each worker.”
Ascension St. Agnes Hospital Nurses Demand Vote to Remove NNOC/NNU Union Officials
Requested vote would take place in unit of roughly 600 nurses; similar efforts also taking place in New York and New Jersey
Baltimore, MD (November 18, 2024) – Nurses at Ascension St. Agnes Hospital in Baltimore are demanding a federal labor board hold a vote to remove National Nurses United (NNU) union officials from their workplace. St. Agnes Nurse Jennifer Delaney submitted a union decertification petition to the National Labor Relations Board (NLRB) on November 15 on behalf of hundreds of her colleagues. Delaney filed the petition with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Delaney’s decertification petition contains employee signatures well in excess of the threshold needed to trigger a decertification vote under the National Labor Relations Act (NLRA).
According to the petition, Delaney and her coworkers request a vote among all “full-time, regular part-time, and per diem registered nurses” located at Ascension St. Agnes Hospital’s acute care facility in Baltimore. This unit contains approximately 600 nurses.
Because Maryland lacks Right to Work protections for its private sector workers, NNU union officials can enforce contracts that require Delaney and her fellow nurses to pay union dues or fees as a condition of getting or keeping a job. In contrast, in Right to Work states, union membership and all union financial support are strictly voluntary.
A successful decertification vote strips union officials of both their forced-dues power and their ability to impose union monopoly bargaining contracts on every employee in a workplace, even those who oppose the union’s presence.
“This union proved itself to be a divisive force as soon as it began campaigning at our hospital,” commented Delaney. “Many of the nurses opposed its agenda from the very beginning, and a year since it gained power it is still making things difficult for both us and our patients. We are confident that a majority of our coworkers will vote to restore the independence we once had in our workplace.”
Employees in Healthcare and Other Industries Seek to Exit Unions
The St. Agnes Hospital nurses aren’t the only healthcare employees seeking to rid themselves of union monopoly control. In the New York City metro area and Long Island, Foundation staff attorneys are currently assisting nurses at Clara Maass Medical Center and a variety of healthcare workers in the Sun River Health, Inc. system to obtain union decertification elections. If these union removal efforts are successful, over 800 employees will be free from United Healthcare Workers East (1199SEIU) union officials’ forced “association” bargaining powers.
Across all industries, workers are increasingly seeking votes to remove union bosses of whom they disapprove. Despite an over 50% increase in the number of decertification petitions filed annually over the last four years, NLRB bureaucrats recently repealed key reforms (known collectively as the “Election Protection Rule”) that made it easier for workers to request decertification elections.
“Across the country, healthcare workers seem to be discovering that having union bosses in their workplace doesn’t necessarily help them take better care of their patients. We’ve seen many situations where healthcare industry unions needlessly promote union boss priorities ahead of what is best for rank-and-file nurses, or even attempt to force health care providers to abandon their patients during union-instigated strikes,” commented National Right to Work Foundation President Mark Mix. “Unfortunately, union officials often choose to disenfranchise the same workers they claim to ‘represent’ when workers try to exercise their right to vote out a union, a problem made worse by recent Big Labor-backed NLRB rulemaking.
“Regardless, we’ll continue to defend the right of Ms. Delaney, the nurses at St. Agnes Ascension Hospital, and many other healthcare workers across the country to decertify unions they don’t want,” Mix added.
