Foundation-Aided Employees Tell Congress: All Workers Need Right to Work
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2024 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Workers’ real-life battles against union bosses emphasize need to end forced union dues
Foundation clients Brunilda Vargas (left) and Jeanette Geary (right) testified to Rep. Bob Good (center) and other members of the House Education and Workforce Committee about the danger forced dues still pose to America’s workers.
WASHINGTON, DC – In November, two recipients of National Right to Work Foundation free legal representation went to Capitol Hill to testify before the U.S. House Committee on Education and the Workforce about their battles against union bosses.
This was the first-ever congressional hearing on the National Right to Work Act, legislation that will safeguard American private sector workers’ freedom to refrain from paying dues to an unwanted union.
Jeanette Geary, a retired nurse, and Brunilda Vargas, a Philadelphia-based public defender, both successfully challenged illegal forced-dues demands with Foundation aid. Their testimony at the hearing, alongside Foundation President Mark Mix, gave policymakers stark examples of how union officials often manipulate their forced-dues powers to advance coercive agendas over the objections of workers.
Vargas, Geary Share Stories of Union Coercion
The current federal law governing most private sector workers in America — the National Labor Relations Act (NLRA) — grants union bosses the power to force workers to pay union dues just to keep their jobs. Only by passing Right to Work laws can states protect workers covered by the NLRA from forced dues.
Meanwhile, airline and railroad employees covered by the Railway Labor Act (RLA) can be required to pay union dues no matter where they work because federal law prevents them from being covered by state Right to Work laws. The one-page National Right to Work Act discussed in the hearing would repeal the portions of both the RLA and NLRA that authorize union officials to require union payments as a condition of employment.
“We’re proud and thankful that Ms. Geary and Ms. Vargas both agreed to testify before Congress on the struggles independent-minded workers face every day because of federal law’s lack of protection for worker freedom,” Mix commented. “Union bosses and their allied politicians don’t want to hear it, but the truth is rank-and-file workers are the victims of Big Labor’s government-granted coercive powers, which makes the stories of those victims especially powerful.”
Geary discussed her struggle against United Nurses and Allied Professionals (UNAP) union bosses, who subjected her and her fellow nurses in Rhode Island to an illegal scheme in which they were compelled to pay for union political expenditures, including lobbying in state legislatures. Geary fought UNAP union officials over the illegal dues demands for 12 years with free legal representation from Foundation staff attorneys. She finally prevailed in 2021, when the First Circuit Court of Appeals unanimously ruled in her favor and rejected a union appeal.
Vargas and Geary: Unions Purposely Hide Rights from Employees
“Unions do not tell employees about their rights because union officials have no incentive to do so, and regular employees without lawyers . . . are left to fend for themselves,” Geary testified before the House Committee. “This is America, and membership in a union and payment of dues should be strictly voluntary.”
Vargas testified about her case against United Auto Workers (UAW) union officials, who threatened to dock the salary of her and any other public defender in her office who refused to let the union seize money directly from their paychecks. Under federal law, even in forced-dues states, union officials must obtain express consent from workers before taking dues money by direct deduction. With Foundation legal aid, Vargas secured a favorable finding from the National Labor Relations Board (NLRB) that initiated a formal prosecution against the union. Eventually, UAW union bosses were forced to settle the matter and end their illegal conduct.
“As attorneys, we do have a level of sophistication when it comes to the law and legal processes. However, I cannot imagine a lay person having to face this type of pressure. I believe that most people sign union membership and authorization cards because they believe they have no choice, and they are often told that,” Vargas testified.
Philly Public Defender Beats Illegal UAW Dues Deduction Scheme
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
UAW boss threatened to reduce workers’ wages for not signing dues card
Philly Public Defender Brunilda Vargas surely didn’t feel “represented” by UAW bosses when they sought to reduce her and her colleagues’ pay just for not signing dues cards. Mark Mix expressed the outrageousness of this scheme to The Philadelphia Inquirer.
PHILADELPHIA, PA – Brunilda Vargas, a public defender for the City of Philadelphia, staunchly objected when United Auto Workers (UAW) Local 5502 union bosses sought to gain power over her and her colleagues at the Defender Association of Philadelphia.
After UAW union officials were installed in her workplace, things only got worse for her. A UAW union official threatened Vargas and her coworkers that, if they didn’t sign cards authorizing the direct deduction of union dues from their paychecks, their wages would be reduced. This threat was a blatant violation of federal law.
Vargas challenged UAW officials’ illegal demands with free legal aid from the National Right to Work Legal Defense Foundation. Union bosses quickly backed down, and in June entered into a settlement approved by National Labor Relations Board (NLRB) Region 4 which fully vindicates Vargas’ and her coworkers’ rights.
Public Defender Hits UAW with Federal Charges Following Intimidation
On April 18, 2023, Vargas filed her federal unfair labor practice charge with NLRB Region 4 for the threats made against her and her colleagues at the Defender Association of Philadelphia. UAW officials issued these threats against public defenders who chose not to sign automatic dues deduction authorization forms.
Even though Vargas works in the non-Right to Work state of Pennsylvania and can be forced to pay some union dues as a condition of employment, federal law prohibits forcing workers to authorize automatic dues deductions from their paychecks. Had Vargas lived in a Right to Work state, not only would she have the right to refrain from automatic dues deductions from her paycheck, but she could also refrain from financially supporting the union altogether. In Right to Work states, workers are fully protected from mandatory union membership and financial support, both of which must be completely voluntary.
Settlement Forces Union Bosses to Fully Abandon Illegal Threats
Now, pursuant to settlements, the UAW must email and post notices informing workers that the union will not work with the workers’ employer to reduce wages of nonmembers that do not sign automatic dues deductions forms. The union must also not suggest failure to sign a dues deduction card could lead to a worker’s termination. Finally, the union must not coerce or restrain individuals from expressing their rights under Section 7 of the National Labor Relations Act.
“[UAW] will not threaten objecting non-members that we will notify the Employer it can seek refunds of their contractual salary increases if they do not sign a dues deduction authorization form. Neither employees nor members are legally required to execute a dues deduction authorization form,” the notice reads.
“While we are happy that we were able to help Vargas and her coworkers fight UAW misconduct, this instance is but the tip of the iceberg when it comes to UAW malfeasance,” commented National Right to Work Foundation Vice President Patrick Semmens. “The recent federal probe into UAW officials stealing and misusing workers’ money has sent multiple top UAW bosses to jail, and uncovered a shocking culture of contempt for workers’ rights.”
“Fortunately, the numerous victims of UAW boss abuses need not fight alone,” continued Semmens. “They have an ally in the National Right to Work Foundation.”
