DC-Area Transdev Driver Takes Case Regarding Union-Instigated Assault to Federal Appeals Court
Biden Labor Board claims ATU union did not violate law even after worker experienced slap and termination attempt from union officials
Washington, DC (July 1, 2024) – Thomas McLamb, a Hyattsville, Maryland-based driver for transportation company Transdev, is appealing his National Labor Relations Board (NLRB) case charging Amalgamated Transit Union (ATU) officials with assaulting him to the D.C. Circuit Court of Appeals. McLamb, whose case concerns retaliatory actions taken against him for being a union dissident, is receiving free legal aid from the National Right to Work Foundation.
McLamb filed charges with the NLRB in November 2021 and January 2022 against ATU for the retaliatory behavior, which in addition to being slapped by an ATU union steward also included a union-instigated termination attempt. McLamb argues that engaging in legally-protected action opposing the union hierarchy – including petitioning for an NLRB-supervised vote to remove the union – made him a target of union officials and adherents.
NLRB Region 5 in Baltimore issued a Complaint and Notice of Hearing on May 11, 2021, stating that the slap and an attempt by an ATU shop steward to get McLamb fired both constituted violations of federal labor law. An NLRB Administrative Law Judge (ALJ) issued a decision declaring that the firing attempt was illegal, but the Biden NLRB reversed, claiming that the union did not violate the law at all.
McLamb is now asking the D.C. Circuit Court of Appeals to review and overturn the decision of the Biden NLRB.
ATU Union President Ordered Adherents to “Slap” Dissenters
In a statement filed in November 2021, McLamb said that the ATU Local 689 president, Raymond Jackson, told other union officers to “slap” employees who were opposing his agenda. McLamb later reported in a federal charge that he had been physically assaulted by ATU shop steward Tiyaka Boone. Both incidents occurred while McLamb was campaigning against the incumbent officers to serve on Local 689’s board.
McLamb reported in another federal charge that, shortly after this incident, ATU official Alma Williams requested that Transdev management fire him over his criticisms of the union steward that assaulted him.
Biden NLRB Decision Claims Physical Assault Was Personal
The Biden NLRB’s decision reversing the ALJ decision against the union claims that Boone’s assault on McLamb was motivated by “personal reasons” and not McLamb’s legally-protected opposition to the union’s chiefs. However, both McLamb’s Foundation attorneys and even the NLRB General Counsel showed the ALJ during trial a video of Jackson, the ATU president at the time, telling employees to slap other workers who spoke out against him.
The NLRB decision also defends Alma Williams’ asking the employer to fire McLamb, claiming that she was merely asking for Boone and McLamb to be disciplined “equally” for their conduct during and leading up to the assault.
“Workers should not have to face violence or retribution in exchange for criticizing or challenging union leadership, and the fact that Mr. McLamb has had to fight for years to defend his right to be free of such retaliation is outrageous,” commented National Right to Work Foundation President Mark Mix. “We believe that this decision by the Biden NLRB is wrong, and is yet another example of how the current administration defends scofflaw union bosses that steamroll employee rights in pursuit of greater power.
“Even worse is the fact that McLamb works in the non-Right to Work state of Maryland, where union officials are legally empowered to require dues payments as a condition of keeping one’s job,” Mix added. “No worker should be forced to fund a union hierarchy they disapprove of, let alone one that is actively fighting the worker in court.”
IUOE Union Bosses Hit With Federal Charge for Illegal Termination
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Longstanding law protects against mandatory dues deductions, formal union membership
Firestop inspector Alexandra Le isn’t going to let IUOE union bosses snuff out her livelihood over her refusal to join or support the union. She’s filed federal charges with Foundation aid.
PLEASANTON, CA – Sometimes, even the extraordinary power to demand payments from workers under threat of termination isn’t enough for union bosses, who frequently go beyond what is legal to coerce workers into membership and dues payment.
Alexandra Le, an employee of Construction Testing Services (CTS), found herself on the receiving end of such illegal demands from International Union of Operating Engineers (IUOE) officials in October. But Le is now fighting back, hitting IUOE bosses and her employer with federal charges at National Labor Relations Board (NLRB) Region 32 with free legal aid from the National Right to Work Foundation.
Union Misinformed Worker About Rights
Le’s charges state that IUOE bosses got her fired after she rebuffed their demands to formally join the union. Additionally, Le’s charges maintain that union officials unlawfully deducted union dues from her paycheck without her permission and failed to inform her of her right to pay reduced union dues as a non-member — a right secured by the Foundation-won CWA v. Beck Supreme Court victory.
Because California lacks Right to Work protections for its private sector workers, Le and her coworkers can be forced to pay some fees to the union to keep their jobs, even if they’ve abstained from formal union membership. However, as per Beck, in non-Right to Work states, union officials can’t force nonmember employees to pay for union expenses (such as union politics) that go beyond what the union claims goes to bargaining.
Other Supreme Court precedents require union bosses to seek workers’ express consent before deducting dues directly from their paychecks.
In Right to Work states, all union financial support is voluntary and the choice of each individual worker.
Employee Demands Federal Injunction to Reverse Illegal Union-Ordered Firing
“It’s outrageous that IUOE union officials believe they can get me fired simply because I don’t agree with their organization and don’t want to support or affiliate with them,” Le said. “IUOE union officials have been far more concerned with consolidating power in the workplace and collecting dues than caring about me and my coworkers, and I hope the NLRB will hold them responsible for their illegal actions.”
Le’s charge against the IUOE union states that, after she refused to affiliate with the union, IUOE bosses “caused Charging Party to be removed from the work schedule by her Employer as of October 2nd.” The NLRB v. General Motors Corp. U.S. Supreme Court decision protects the right of workers to refuse formal union membership, even in a non-Right to Work state.
As a remedy, the charge asks the NLRB Regional Director in Oakland to “invoke its authority under Section 10(j)” of the National Labor Relations Act (NLRA), which empowers the Board to seek an injunction from a federal court to stop IUOE and CTS management from committing the unfair labor practices.
Workers Need More Protections Against Union Boss Coercion
“Ms. Le’s case shows why Right to Work protections are important,” commented National Right to Work Foundation Vice President and Legal Director William Messenger.
“Even if IUOE union officials had followed federal labor law in this case, Ms. Le would still be forced to contribute to the activities of an organization she clearly doesn’t want to be part of.
“As Ms. Le’s case demonstrates, union bosses often value workers merely as sources of dues revenue and will go to extraordinary lengths to keep the money flowing,” Messenger added. “Workers deserve more protections against union boss coercion, not fewer.”
Fox Cities Essity Employee Hits Steelworkers Union with Federal Charges for Illegal Termination Threat
Longtime employee of paper products company exercised right to leave union and stop dues deductions, Steelworkers union now demands her firing
Fox Cities, WI (February 16, 2023) – Greenville, WI, resident Kerri Wenske has just filed federal charges against United Steelworkers Local 2-1279 union officials at her Essity workplace in Neenah, WI. Wenske, who has worked for decades at Essity, maintains that Steelworkers officials ordered the company to fire her after she exercised her right to end her union membership and cut off dues deductions. Wenske filed her charges at the National Labor Relations Board (NLRB) with free legal aid from the National Right to Work Legal Defense Foundation.
Wenske argues that Steelworkers union officials are violating her rights under the National Labor Relations Act (NLRA), which ensures that American private sector employees can abstain from any or all union activities. Wisconsin’s Right to Work law also forbids union officials from forcing Wisconsin workers to join or pay dues to a union as a condition of employment. In non-Right to Work states like neighboring Illinois, union chiefs can have workers fired for refusal to pay for union “representation” they don’t support.
Steelworkers President Hurls Termination Threat at Veteran Employee Who No Longer Supports Union
According to Wenske’s charge, she submitted a letter to Steelworkers president Bill Kilishek in early February in which she resigned her union membership and requested that all dues deductions from her paycheck stop, as is her right under the state’s Right to Work law. Because the dues deduction authorization form she signed allows for an immediate cessation of deductions upon resignation of her union membership as permitted by long-established NLRB precedent, Wenske’s resignation letter should be sufficient to end both her membership and any flow of union dues from her paycheck.
However, Kilishek told Wenske shortly after receiving her letter “that she would be terminated from her employment based on her decision to resign her union membership,” Wenske’s charge states. Afterward, a union agent from Steelworkers International even showed Wenske a copy of a letter written by the union ordering Essity to fire Wenske for resigning from the union.
“The Employer has yet to act on this request,” says Wenske’s charge.
Steelworkers Union Has Recent Streak of Employee Rights Violations
Wenske’s case is the latest in a number of recent cases in which Foundation staff attorneys have defended workers from Steelworkers union officials’ coercive practices. Just last month, metal workers at Latrobe Specialty Metals/Franklin Carpenter Technology in Franklin, PA, successfully voted Steelworkers officials out of their facility with free Foundation legal aid, after Steelworkers chiefs tried to trap workers under a contract they voted against twice. Also last month, Foundation attorneys spurred the NLRB’s prosecution of Steelworkers Local 832 for illegally seizing months of dues from Kentucky employee Melva Hernandez.
“Steelworkers union officials are continuing their nationwide campaign of punishing workers who disagree with the union’s agenda,” commented National Right to Work Foundation President Mark Mix. “That Steelworkers chiefs tried to get Ms. Wenske – a veteran Essity employee – fired merely because she no longer supports the union demonstrates just how little they care about the free choice rights of workers and winning over employee support voluntarily.”
“Essity officials should not become complicit in Steelworkers bosses’ illegal scheme, and Foundation attorneys will fight this and any further attempts to violate Ms. Wenske’s right to abstain from union activity,” Mix added.
