Dry Fork Station Workers File Petition to Remove IBEW Union from Their Workplace
Decertification election will allow plant workers to vote to free themselves from unwanted union “representation”
Gillette, WY (March 23, 2022) – David Lausen, an employee at Dry Fork Station in Gillette, Wyoming, owned by Basin Electric Power Cooperative, filed a petition with the National Labor Relations Board (NLRB) seeking removal of Local No. 415 of the International Brotherhood of Electrical Workers (IBEW) from his workplace. National Right to Work Legal Defense Foundation staff attorneys are providing Lausen free legal representation in the decertification petition proceedings.
Under federal law when at least 30% of workers in a bargaining unit sign a petition seeking a vote on removal of union officials’ monopoly bargaining powers it triggers an NLRB-conducted secret ballot vote. With Foundation attorneys’ assistance, Mr. Lausen filed the decertification petition on March 16, 2022, after the prior union contract expired.
Wyoming is a Right to Work state, meaning workers cannot legally be required to join or pay dues or fees to a union as a condition of keeping their jobs. However, even in Right to Work states, union officials who have obtained monopoly bargaining control in a workplace are granted by federal law the power to impose one-size-fits-all union contracts on all workers, including those who opt out of union membership and would prefer to negotiate their own terms of employment.
National Right to Work Foundation legal aid has recently assisted workers in numerous successful decertification efforts across the nation, including for workers in Kansas, Illinois, Massachusetts, and Delaware. Foundation-advocated reforms to the rules for decertification elections that the NLRB adopted in 2020 have curtailed union officials’ abuse of so-called “blocking charges.” Such charges containing unproven allegations against an employer, often completely unrelated to workers’ desire to free themselves of a union, were used to delay or block workers from exercising their right to decertify the union.
“The NLRB should schedule a decertification vote for these workers without delay,” National Right to Work Legal Defense Foundation President Mark Mix said. “Workers everywhere should know they can turn to the Foundation for free legal aid to help enforce their right to free themselves from unwanted union so-called ‘representation.’”
Atlantic Aviation Employees Free from Unwanted Union after IAM Flies Away to Avoid Vote
Philadelphia Northeast Airport workers had filed for vote to remove unpopular union from workplace
Philadephia, PA (March 7, 2022) – Atlantic Aviation PNE, Inc. employee Tiffany Lipyanic and her coworkers have won their effort to free themselves from unwanted union monopoly “representation.” After the employees filed a request for a National Labor Relations Board (NLRB) decertification election to end the union’s monopoly bargaining powers over all workers at the Atlantic Aviation facility at Philadelphia Northeast Airport, International Association of Machinists (IAM) union officials abandoned their “representation” rather than face an overwhelming vote against the union.
Lipyanic and her colleagues received free legal assistance from National Right to Work Foundation staff attorneys in filing their petition for a vote to oust union officials on February 15th. The petition was signed by 11 of 16 line service and customer service representatives who work for Atlantic Aviation at the Philadelphia Northeast Airport, more than twice the number needed to trigger an NLRB-supervised “decertification” secret-ballot election, after which union officials lose monopoly bargaining power if a majority of workers vote to remove them.
Rather than proceed to a vote, International Association of Machinists and Aerospace Workers Air Transport District Lodge 142 and Local Lodge 1776 officials filed documents with the National Labor Relations Board (NLRB) disclaiming their monopoly bargaining powers on February 28.
“After trying to work with union officials for years, it became apparent our pleas fell on deaf ears. We were paying union officials and got nothing in return, so we’re glad to finally be free of them,” Lipyanic commented. “Having the National Right to Work Foundation’s assistance gave us confidence in our journey to finally free ourselves from union bureaucrats that took our money and disregarded us at every turn.”
This is the latest in a series of successful worker efforts to oust unwanted union officials aided by National Right to Work Foundation staff attorneys. In just the past few weeks, Foundation staff attorneys aided Penske Truck Leasing employees in Bloomington, Indiana, with filing their decertification petition, after which the union walked away, and successfully defended Kansas City, Missouri hospital workers against an SEIU union attempt to overturn their vote to remove the union in their hospital.
The Foundation has also fought to break down union boss-created legal barriers to unseating unwanted union officials. In 2020, following detailed formal comments submitted by Foundation attorneys, the NLRB adopted rules eviscerating union bosses’ ability to stop a decertification effort with “blocking charges,” i.e., accusations made against an employer that are often unverified and have no connection to workers’ desire to kick out unwanted union officials.
“The Foundation is happy to have helped the workers at Atlantic Aviation to exercise their right to free themselves of a union they oppose. But to better protect all workers’ freedom of association, Pennsylvania needs a Right to Work law on the books,” commented National Right to Work Foundation President Mark Mix.
“Under the protection of a Right to Work law each individual worker can decide whether or not to join or financially support a labor union, instead of current law which empowers union bosses to use their monopoly bargaining status to force workers to pay up or be fired,” Mix added.
Foundation Releases Special Notice For Kentucky Workers
Special Notice Informs Employees of Their Newly-Won Rights
Springfield, VA (January 18, 2017) – Today the National Right to Work Foundation released a Special Legal Notice for workers in the Commonwealth of Kentucky, informing them of their rights under the nation’s most recently passed State Right to Work law. Kentucky’s Right to Work law allows workers to cease being a member of the union and stop paying any dues, fees, or other financial support to an unwanted union.
The Kentucky Right to Work law applies to collective bargaining contracts entered into, extended, or renewed on or after January 7, 2017. If you are subject to a contract in effect before January 7, 2017, you can be compelled to either pay union dues as a union member or fees as a nonmember until that contract expires or is renewed or extended. Even if you are subject to a contract in effect before January 7, 2017, nonmembers have the right to object to a portion of those fees and pay reduced fees until the Right to Work law is effective for you. For more information on the law and the new protections for Kentucky workers, please click here.
National Right to Work Foundation Offers Free Legal Aid to Boeing Employees Facing Vote over IAM Monopoly Union Powers
Foundation staff attorneys previously represented South Carolina Boeing workers against IAM officials who sought to close the North Charleston plant
Springfield, VA (January 26, 2017) – The National Right to Work Legal Defense Foundation has released a special legal notice for Boeing workers at the North Charleston, SC plant in light of the recent announcement that IAM officials were moving to initiate a vote to impose monopoly control over all frontline employees at the facility.
Mark Mix, President of the National Right to Work Legal Defense Foundation released the following statement regarding the notice and offer of free legal aid:
“In 2011, IAM union officials sought to eliminate thousands of jobs in South Carolina by filing spurious unfair labor practice charges with the NLRB seeking to shutter the North Charleston facility. In light of the IAM union bosses’ history of denigration and antipathy towards the Charleston workers, the Foundation is deeply concerned that IAM union organizers’ may use intimidation tactics or other illegal conduct in the run up to the vote.
“That is why it is vital that every Boeing South Carolina employee know they can request free legal assistance from the National Right to Work Legal Defense Foundation. Foundation staff attorneys previously provided legal representation to Boeing employees to successfully defend their jobs against demands by IAM officials that the plant be closed.”
The legal notice details what is at stake in the vote and offers free legal aid to employees facing possible illegal conduct by IAM officials or their agents. The full notice can be found online at: www.nrtw.org/BoeingSC
Affected employees may also call the Foundation’s legal hotline toll-free at 1-800-336-3600 or contact the Foundation online at https://www.nrtw.org/free-legal-aid to request free legal assistance.
National Right to Work Foundation Issues Special Legal Notice to Nissan Employees in Mississippi Facing UAW Unionization Vote
Foundation offers free legal aid to Nissan Canton employees facing UAW coercion and pressure tactics in run up to vote
Canton, MS (July 18, 2017) – Recently, United Autoworkers (UAW) union officials announced a push to impose monopoly control over all front-line employees at the Nissan plant in Canton, Mississippi. In light of the tactics union organizers frequently utilize while pushing for monopoly bargaining powers over workers, National Right to Work Legal Defense Foundation staff attorneys have issued a special legal notice for Nissan Canton workers.
Mark Mix, President of the National Right to Work Legal Defense Foundation released the following statement regarding the notice and offer of free legal aid:
“UAW officials in Detroit have spent millions of dollars attempting to unionize this plant and others in Right to Work states where auto manufacturing is thriving. In Canton, UAW organizers failed in 2013, but now UAW union officials are once again targeting Canton as they look for new sources of revenue following the loss over two-thirds of their members in recent decades.
“Workers facing UAW organizing drives in the past have endured intimidation, misleading statements, and pressure tactics. Because of this, the National Right to Work Foundation wants every Canton Nissan employee to know they have a place to turn for free legal if they face such tactics or have a question about their right to oppose UAW monopoly representation in the run up to the vote.”
The legal notice details what is at stake in the vote and offers free legal aid to employees facing possible illegal conduct by UAW officials or their agents. The full notice can be found online at: https://www.nrtw.org/NissanCanton.
Affected employees may also call the Foundation’s legal hotline toll-free at 1-800-336-3600 or contact the Foundation online at https://www.nrtw.org/free-legal-aid to request free legal assistance.
Special Legal Notice for AT&T Employees Impacted by CWA Union Official-Initiated Strike
There are multiple media reports that Communications Workers of America (CWA) union officials are ordering all union-represented workers to walk off the job starting at 3:00 PM EST May 19. As a result of numerous legal inquires the National Right to Work Foundation has released a special legal notice to AT&T employees affected by the announcement of a strike by Communications Workers of America (CWA) union officials.
Affected AT&T employees need to know they have rights that CWA union officials will not tell them. To learn about these rights please read the special legal notice.
Employees who have additional questions can contact the Foundation for free legal aid.
New York City Preschool Teachers and Other Employees Vote to End Unwanted UFT Union ‘Representation’
Birch Family Services Manhattan Early Childhood Center pre-K providers vote to remove the UFT from their school
New York City, NY (March 9, 2017) – Employees of the Birch Family Services Manhattan Early Childhood Center in Washington Heights, Manhattan have voted overwhelmingly to remove the United Federation of Teachers (UFT) union from their workplace and end the UFT’s designation as their monopoly bargaining representative.
Under the National Labor Relations Act, private-sector employees in unionized workplaces have the right to initiate a decertification election to remove a union. Recently, employees in the Birch Family Services Manhattan Early Childhood Center signed and submitted a decertification election petition to the National Labor Relations Board (NLRB). The employees who voted to remove the union included teachers, teachers’ aides, teaching assistants, nurses and other employees.
National Right to Work Legal Defense Foundation staff attorneys provided free legal advice to employees seeking to remove the union, including on how to navigate the often-complicated NLRB process for successfully getting a vote to remove the union officials as the school employees’ NLRB-designated monopoly bargaining representative, a process known as decertification.
Relying on that advice from Foundation staff attorneys, the employees collected signatures from their coworkers in support of the decertification vote and submitted the petition to the NLRB, resulting in a decertification vote that was held on February 28, 2017. At the end of the vote, the tally stood 37-15 in favor of decertifying the UFT and removing them from the workplace.
“The Foundation is committed to helping workers like these New York City preschool employees assert their right to remove union officials whom they feel are a detriment to their school and their students,” said Mark Mix, president of the National Right to Work Foundation. “Foundation staff attorneys stand ready to continue defend and protect these educators’ choice if there is union boss retaliation.”
National Right to Work Foundation staff attorneys are prepared to defend the workers’ choice should union officials attempt to overturn the results of the vote.
Eleven Ridesharing Drivers File Federal Lawsuit to Block Seattle’s Forced Unionism Ordinance Targeting Uber & Lyft
Lawsuit says scheme to impose Teamsters union on independent contractors violates drivers’ First Amendment rights & federal labor law
Seattle, WA (March 10, 2017) – Today, eleven independent drivers are filing a federal lawsuit to block the Seattle City Council’s controversial ordinance designed to impose forced unionism on independent for-hire and ride-sharing drivers. These drivers use the popular Uber and Lyft apps to pick up customers. Dan Clark, lead plaintiff in the suit, is an independent driver who picks up riders through both Uber and Lyft.
The drivers are filing suit against the City of Seattle in the U.S. District Court for the Western District of Washington with free legal representation by staff attorneys from the National Right to Work Legal Defense Foundation and the Washington state-based Freedom Foundation. The drivers’ federal lawsuit argues that the Seattle ordinance is preempted by the National Labor Relations Act and that imposing union representation and forced dues on them violates their First Amendment rights of free speech and freedom of association.
Over 9,000 independent drivers in the Seattle area collect riders through the Uber and Lyft apps, accounting for tens of thousands of rides daily across the Emerald City area. Last week Teamsters union officials, who pushed for passage of the first-in-the-nation Seattle ordinance subjecting ride-sharing drivers to forced unionism, filed papers with the city formally declaring their intent to unionize drivers who work with Uber and Lyft, as well as Eastside Town Car and Limousine, LLC.
“Teamsters union bosses are attempting to impose their 1920s era forced unionism model on a 21st-century workforce,” said Mark Mix, President of the National Right to Work Legal Defense Foundation. “Polls consistently show Americans overwhelmingly oppose workers being forced to pay union dues or fees as a condition of working.”
“Expanding forced unionism to independent drivers is not only wrong, it is a violation of federal law and the First Amendment rights of drivers who never asked for and don’t want union officials’ so-called ‘representation,’” Mix continued. “Big Labor’s one-size-fits-all, top down model is the very antithesis of ride-sharing which attracts drivers by connecting them with consumers and providing them the freedom to decide when to work and through which app to find customers.”
Background: Teamster-Backed Seattle Law Attempts to Expand Forced Unionism to Ride-Sharing Independent Drivers
In 2015, the Seattle City Council passed an ordinance that targeted independent drivers, such as those who contract with Uber and Lyft, for compulsory unionization. The bill authorizes unionization through the coercive and unreliable card-check system as opposed to a secret ballot vote and allows union officials to make payment of union dues or fees mandatory, even for drivers who oppose union representation. Under ‘card check,’ cards solicited and collected from individuals by professional union organizers are counted as ‘votes’ for unionization, despite numerous examples of workers signing the cards as a result of being pressured, misled, threatened or even bribed.
The ordinance further mandates that companies turn over private personal contact information for drivers to union organizers, even for drivers who have shown no interest in unionization or actively oppose the union. In addition, should the Teamsters successfully “organize” drivers through a card check, city administrators are empowered to impose a union contract on the drivers and companies if an agreement isn’t reached within 90 days of the unionization certification.
The ordinance was passed by the Seattle City Council in September 2015 after heavy lobbying by Teamsters union officials who sought to take advantage of independent drivers and force them to pay dues to the union as a condition of picking up riders through the apps. Shortly after the bill was passed, the National Right to Work Foundation issued a special legal notice to Seattle independent driver contractors, notifying them of their rights and offering free legal aid. A number of concerned drivers then reached out to the Foundation for help.
After the bill became law in December 2015, the ordinance was put on hold until January 2017 while the Seattle Department of Finance and Administrative Services (FAS) finalized the unionization process. The final rule defines ‘qualifying drivers’ who are eligible to vote on unionization as drivers who have completed 52 rides beginning or ending in Seattle in the last 90 days, regardless of whether or not a driver wants anything to do with a union.
These so-called “qualifying drivers” will be the only drivers eligible to vote on union representation, despite the fact that all drivers who contract with these companies will be subject to the forced unionism terms. Effectively, Teamster cards collected from a small fraction of all drivers could result in the unionization of more than 9,000 drivers in Seattle, plus any future drivers.
On March 7, 2017, officials from Teamsters Union Local 117 filed a notice of their intent to unionize drivers associated with Uber and Lyft, as well as Eastside Town Car and Limousine, LLC. The three companies now have until April 2 to turn over to the union the personal contact information for the fraction of total drivers who are designated by the City as eligible to vote on unionization. These drivers are filing their lawsuit now because they have a limited window before their personal information will be forcibly delivered to union officials against their wishes.
To view a copy of the filed complaint please click here.
Blog Post: Big Labor-Backed Senator Pushing Double Standard on NLRB Recusals
In a recent post on the Federalist Society website, National Right to Work Legal Defense Foundation Vice President Legal Director Ray LaJeunesse responded to demands by Senator Elizabeth Warren (D-Mass) that Trump’s lone remaining current NLRB nominee recuse himself from numerous potential cases:
“Senator Elizabeth Warren (D-Mass.) has suggested that Emanuel should ‘also sit out any case involving the hotly contested question of whether employers can force their workers to sign class action waivers,’ because he ‘has represented parties on the class action waiver issue in a case before the board, . . . his firm is counsel in a number of others . . . and he has also co-written briefs in U.S. Supreme Court cases arguing that the agreements aren’t unlawful restraints on employees’ right to engage in collective activity.’ (Emphasis added.)
However, unless the standards for recusal are more stringent for nominees of President Trump than they were for nominees of President Barack Obama, Emanuel can ethically ignore Senator Warren’s suggestion and need not recuse himself in all class-action waiver cases, even though that is a ‘hotly contested’ issue.”
The post goes on to cite Obama NLRB Member Craig Becker, who refused to recuse himself from a case to end protections for employees who had union monopoly bargaining imposed through the coercive and unreliable “card check” scheme. The Foundation’s press release on that case can be found here. Becker had previously weighed in on the issue as counsel for the AFL-CIO but that didn’t stop him from recusing himself when the NLRB voted 3-2 to end employees’ ability to force a secret ballot vote after a union was installed through card check.
To read the whole post, please click here.
What is a Right to Work law?
A Right to Work law guarantees that no person can be compelled, as a condition of employment, to join or not to join, nor to pay dues to a labor union.
For more, read our Frequently Asked Questions page.
