Workers Assert Constitutionally-Protected Rights After Union Officials Demand Personal Information

Right to Work Foundation assists Sacramento healthcare providers coerced into union forced dues ranks

Sacramento, CA (December 20, 2010) – A Sutter Roseville Medical Center healthcare professional has filed federal labor charges against a local union for coercing her and her colleagues into paying forced union dues.

With free legal aid from National Right to Work Foundation attorneys, Mary Massen filed the unfair labor practice charges with the National Labor Relations Board regional office in San Francisco.

Because California does not have Right to Work protections for its workers, Massen, who elects to refrain from formal union membership, is still forced to pay union fees as a condition of employment. However, because of a National Right to Work Foundation-won Supreme Court precedent in Communication Workers v. Beck, she cannot be compelled to pay the portion of union dues used for the union’s political, lobbying, and member-only activities. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently verified audit of chargeable and non-chargeable expenses.

Service Employees International Union (SEIU) United Healthcare Workers – West union officials refuse to provide the Center’s nonmember employees with the disclosure Beck requires. SEIU United Healthcare union officials also require the workers to annually object, a tactic designed to force workers into paying full union dues. Foundation attorneys defeated the annual objection requirement of another union before the NLRB earlier this year.

Additionally, this union requires employees who choose not to join the union to provide their social security numbers to refrain from supporting the union officials’ non-bargaining expenses, further discouraging workers from exercising their rights.

Read the entire release here.

Labor Board Announces Prosecution of SEIU Union Bosses for Illegal Union Membership Opt-Out Policy

Illegal union procedure forces nursing home workers to pay full union dues

Princeton, WV (April 6, 2010) – The National Labor Relations Board (NLRB) regional office in Winston-Salem, North Carolina has issued a federal complaint against a local union for maintaining an “annual objection” policy designed to force nursing home workers into full union dues payments against their will.

The complaint stems from multiple charges filed by six employees from the Princeton area of West Virginia against the Service Employees International Union (SEIU) District 1199. The employees – Sherry French, Walter Coeburn, Tammy Tyree, Bruce Hoyle, Debra Fitzko, and Deborah Dunn – filed the series of charges with free legal assistance from staff attorneys at the National Right to Work Legal Defense Foundation.

The six employees challenged the SEIU District 1199 hierarchy’s policy which violates Foundation-won precedent in the U.S. Supreme Court decision in Communication Workers of America v. Beck (1988), in which the Court held that union officials can not lawfully compel nonmembers to pay the part of union dues spent for non-bargaining activities like political activism, lobbying, and member-only events. Foundation attorneys are currently challenging many union boss schemes similar to the SEIU District 1199 union bosses’ annual objection policy, often concocted by union brass to burden or thwart employees from exercising their rights under Beck. Five NLRB administrative law judges have held such schemes unlawful.

The full press release is available here.

Employees Slap Teamster Union Officials with Federal Charges over Illegal Forced Dues Policy

Union officials fail to provide adequate disclosure to nonunion employees, then threaten the workers with termination

Philadelphia, PA and Baltimore, MD (December 16, 2009) – With free legal assistance from the National Right to Work Foundation, four workers forced to pay fees to a regional Teamsters union council have filed unfair labor practice charges against the union for providing inadequate financial disclosure and illegally threatening to have workers who didn’t pay fired.

Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, nonmember employees can be forced to pay certain union dues as a condition of employment, but they cannot be compelled to pay for politics, lobbying, and member-only events. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently verified audit of chargeable and non-chargeable expenses.

Graphic Communications Conference/International Brotherhood of Teamsters, District Council 9, union bosses have exclusive representation power over employees at Perfecseal, Inc. in Philadelphia, PA, and Standard Register in Salisbury, MD, but have not provided nonmember employees with the level of disclosure Beck requires. Nonmembers’ “agency fees” paid to the union council have increased by a greater percentage than corresponding increases in dues amounts for union members, and union bosses are demanding that the nonmembers pay the increased fees or be fired without providing an adequate breakdown of expenditures.

Click here to read the full release.

President Barack Obama's efforts to transition the Department of Labor into a giant, taxpayer-funded extension of Big Labor's organizing and political fund-raising machine just hit another milestone. President Barack Obama's January 30, 2009 executive order, aimed to help union bosses seize more forced dues revenue to fund Big Labor’s political agenda, was just printed in the Federal Register -- making it official. 

In a nutshell, the EO tears down posted notices to employees of federal contractors which explain they can actually refrain from paying forced union dues spent for union electioneering and the like.

Obama's directive intends to ensure millions of workers do not learn of their rights and revokes former-President Bush's February 2001 executive order which required federal contractors to post notices in the workplace simply informing employees of their right to refrain from formal, full-dues-paying union membership and pay only the documented cost of collective bargaining.

National Right to Work Foundation attorneys won these rights in their precedent-setting U.S. Supreme Court victory in Communication Workers v. Beck (1988).  

Regular Freedom@Work readers may remember Obama's edict was one of the first in a long line of political paybacks to Big Labor for their use of over a billion forced-dues dollars in 2008 to elected him and his pro-compulsory unionism allies in Congress.  View some other Obama paybacks to Big Labor, including his picks on who controls the Department of Labor and the NLRB, rolling back union disclosure guidelines and reducing union boss accountability, and using taxpayer dollars to fund their forced dues operations and bail out union boss pension funds.

School Bus Drivers File Charges against AFSCME Union for Illegal Threats, Dues Collections

Lack of Right to Work law leads to ugly union abuse of workers

Indianapolis, IN (April 24, 2009)– With free legal aid from staff attorneys at the National Right to Work Foundation, three bus drivers have filed federal unfair labor practice charges against union bosses for an illegal scheme to bully nonmember employees into paying full union dues.

Barry Hickman, Connie Hickman, and Thomas Spencer II drive school buses for First Student, where they are forced to accept the “representation” of American Federation of State, County and Municipal Employees (AFSCME) Local 3826. In March and April 2008, Barry and Connie Hickman sent two letters each to AFSCME Council 62, the regional body which handles the local’s objection policy, objecting to pay for non-bargaining costs they could not be required to financially support. Spencer sent a similar objection letter in May.

Because Indiana is not yet a Right to Work state, nonmembers may be fired from their jobs for refusal to pay compulsory fees to a union with which they want nothing to do. However, union officials may not lawfully compel nonmembers to pay for activities like political activism, lobbying, and member-only events.

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Read the full release here.