Ohio Teachers File Class-Action to Halt Compulsory Union Dues for Political Activism

Union bosses illegally force Ohio’s teachers to pay for electioneering

Columbus, Ohio (August 5, 2011) – With free legal assistance from the National Right to Work Foundation, 15 public school teachers across the state filed a federal class-action lawsuit against the Ohio Education Association (OEA) and nine of its regional affiliates for violating their rights.

The group filed the class-action suit after the OEA union unlawfully overcharged the teachers – who have refrained from full-dues-paying union membership – for union "fees" taken from their paychecks, charging them for costs supporting the union’s political activism and electioneering. Per Foundation-won U.S. Supreme Court precedent in Abood v. Detroit Board of Education, under the First Amendment to the U.S. Constitution nonmember teachers cannot be forced to pay dues or fees for union boss politics and other non-bargaining activities.

Additionally, the OEA union's regional affiliates are collecting compulsory fees from non-members without providing the kind of independently-audited financial statements required by law.

Read the entire release here.

Civil Servants Slap Government Union Bosses With Second Federal Suit for Illegal Forced Dues Scheme

Right to Work Foundation attorneys challenge union hierarchy for repeatedly flaunting employees’ constitutional rights

Lancaster, PA (August 3, 2011) – Eight public employees have filed a second federal lawsuit against a local union and the Borough of Ephrata for illegally confiscating union dues payments from their paychecks in unconstitutional amounts and without following federal requirements.

National Right to Work Legal Defense Foundation staff attorneys, who previously provided the employees with free legal aid in their first lawsuit, filed the suit yesterday in the United States District Court for the Eastern District of Pennsylvania, located in Philadelphia.

The borough employees, who have exercised their right to refrain from formal union membership with the International Brotherhood of Electrical Workers (IBEW) Local 1600 union, previously asked the court to protect their National Right to Work Foundation-won rights upheld by the U.S. Supreme Court in Abood v. Detroit Board of Education and other cases.

In Abood, the High Court ruled that although nonmember public employees can be forced to pay some union dues, they cannot be forced to pay for union politics and other union activities unrelated to bargaining. IBEW Local 1600 union officials were compelling the employees to paying a whopping 99.51 percent of full union membership dues before the lawsuit was settled.

Read the entire release here.

Teacher Files Brief in Wisconsin Government Unionism Reform Battle in Federal Court

Public-sector union bosses file desperate lawsuit seeking to protect forced dues stranglehold over Wisconsin’s public workers and taxpayers

Madison, WI (June 29, 2011) – With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, a Kenosha teacher affected by Wisconsin’s recent public-sector unionism reforms has filed an amicus curiae brief in federal court.

Kristi Lacroix, who has been a teacher for 13 years and is an English teacher at the LakeView Technology Academy in Pleasant Prairie, filed the brief Monday in favor of the reforms which sharply limited government union officials’ monopoly bargaining power over public workers and taxpayers.

Earlier this month, the Wisconsin Supreme Court upheld Governor Scott Walker’s government-sector monopoly bargaining reform bill, which protects the Right to Work for most government employees and bans automatic forced-union-dues seizures from public employees’ paychecks.

In response, union lawyers filed a new lawsuit in federal court seeking to overturn the bill, claiming that Freedom of Association – the right of American citizens to voluntarily come together to express their opinions and petition the government – gives union bosses forced-dues and monopoly bargaining powers.

Foundation staff attorneys have won at the United States Supreme Court numerous times on this very issue, winning precedents that support the constitutionality of Wisconsin’s government-sector monopoly bargaining reform bill.

Read the entire release here.

As reported in today's Washington Examiner, the National Right to Work Committee President Mark Mix sent a letter to the U.S. Senate opposing Elena Kagan's confirmation as a Justice to the U.S. Supreme Court for misrepresenting her views regarding the use of forced union dues for union boss political activity.

From the Examiner:

(Mark Mix argues) Kagan should not be confirmed because when she was asked by Sen. Orrin Hatch, R-UT, about a 1996 email she wrote while serving in the Clinton administration, she falsely claimed she was merely repeating the chief executive's views, not her own.

In his letter to the senators, Mix quoted Kagan's email in which she said:

"It is unfortunately true that almost any meaningful campaign finance reform proposal raises constitutional issues. This is a result of the Supreme Court's view - which I believe to be mistaken in many cases - that money is speech and that attempts to limit the influence of money on our political system therefore raises First Amendment problems."

Kagan could not have simply been echoing somebody else's view in that email, Mix argued, because a memo later in 1996 from her and other White House staff members to then-White House chief of staff Leon Panetta "incorporated Ms. Kagan's argument that the First Amendment does not protect the right to spend money for political activities. In short, in 1996 Ms. Kagan both suggested and endorsed that crabbed view of the First Amendment."

The National Right to Work Legal Defense Foundation has repeatedly fought to protect workers who are forced to pay union dues and fees as a condition of employment to also support union boss political activities with which they disagree before the U.S. Supreme Court and various other courts across the country.

Mark Mix's letter also noted that Kagen expressed opposition to the Foundation's Supreme Court victory in Communications Workers v. Beck in which the Court affirmed the right of private-sector workers to exercise the same freedom from coerced support of union boss politics under the National Labor Relations Act:

(Ms. Kagan) recommended that President Clinton oppose any legislation protecting the right of workers not to be forced to subsidize union politics, despite the First Amendment’s guarantee of that basic worker freedom of speech and association.

...

Ms. Kagan emailed… her recommendation that (the Administration)… “state strong opposition to Beck legislation, no matter what it is attached to.”

Ms. Kagan… disagreed with the well-established legal principle that underlies the long line of Supreme Court decisions recognizing the constitutional right of workers not to be compelled to subsidize union political activities as a condition of employment… (putting) her far outside the judicial mainstream and (demonstrating) a disdain for the rights of independent-minded American workers.

To read Mark Mix's letter, click here.

In a political culture in which most politicians fear Big Labor's massive forced dues electioneering machine, it's refreshing to see an elected official articulately and passionately condemn compulsory unionism.  That's just what New Jersey Governor Chris Christie did last week at a town hall meeting.

In the video below, listen to Gov. Christie explain the evil of forcing teachers to pay union fees (roughly 85 percent of full union dues) just to exercise their right to refrain from union membership. 

New Jersey employees have the limited right -- secured by National Right to Work Foundation-won cases at the US Supreme Court -- to pay only the portion of the fees that union bosses can prove is spent on bargaining and contract administration.  

In Abood v. Detroit Board of Education (1977), the Court ruled that compulsory dues for politics violates the First Amendment.  In Chicago Teachers Union v. Hudson (1986), the Court agreed with Foundation attorneys and unanimously held that union officials must provide employees with an independently verified breakdown of the union's expenditures and that employees must have the opportunity to challenge the calculation of their forced fees.

Unfortunately, Christie stops short of calling for the Garden State to pass a Right to Work law, which would make union association 100 percent voluntary.  But he's right on when he explains that the teacher union officials are motivated by "the accumulation and exercise of raw political power."  Something to think about as Congress considers rewriting states' employment laws by federal fiat.

Government Union Bosses Face Federal Suit for Illegal Forced Dues Scheme

Right to Work Foundation attorneys challenge union hierarchy for violating employees’ constitutional rights

Philadelphia, PA (May 21, 2010) – Eight public employees have filed a federal lawsuit against a local union and the Borough of Ephrata for illegally confiscating union dues payments from their paychecks without following federal requirements.

National Right to Work Foundation attorneys, providing the eight employees with free legal aid, filed the suit today in the United States District Court for the Eastern District of Pennsylvania.

The borough employees, who have exercised their right to refrain from formal union membership with the International Brotherhood of Electrical Workers (IBEW) Local 1600 union, are asking the court to protect their Right to Work Foundation-won rights upheld by the U.S. Supreme Court in Abood v. Detroit Board of Education (1977). The Court ruled in Abood that nonmember public employees can be forced to pay some union dues, but not the part used to pay for union politics and other union activities.

IBEW Local 1600 union officials are compelling the employees into paying a whopping 99.51 percent of full union membership dues.

Click here to read the whole release.