WVU Hospital Employee Files Federal Charge after Union Ignores Her Rights

West Virginia’s workers desperately need Right to Work protections

Morgantown, WV (November 23, 2011) – With aid from the National Right to Work Foundation, a West Virginia University Hospital employee has filed a second federal charge against a local union for refusing to honor her resignation from formal union membership, forcing her to pay full union dues against her will, and failing to provide the legally-required disclosure of how her forced dues are being spent.

Kimberly Wright initially resigned formal union membership from the Laborers' International Union of North America (LIUNA) Local 814 in December 2010. Wright exercised her rights under the Foundation-won U.S. Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership.

For months following, LIUNA Local 814 union officials continued to extract full union dues from her paycheck, forcing her to file a charge with the National Labor Relations Board (NLRB) with free legal assistance from Foundation attorneys. The Board then settled the case with union lawyers.

Despite the settlement, LIUNA Local 814 union officials continue to collect full union dues from her paycheck.

Read the entire release here.

Right to Work staff attorneys are helping Carol Jean Badertscher, a California nurse, fight back against California's draconian "strikebreaker" law, which authorizes fines and even jail time for employees who repeatedly refuse to walk off the job during a union boss-ordered strike. Last Friday, the case came before a panel of three judges at the 9th Circuit Court of Appeals.

Audio of the oral argument is available online here. Below, Foundation attorney Bill DuRoss, who represented Badertscher in the argument, explains the ins and outs of the case to a group of Right to Work supporters who attended the Ninth Circuit's hearing:

Kansas City Nurse Challenges Backroom Union Deal to Silence Employees Who Oppose Unionization

Research Medical Center nurse files federal unfair labor practice charges against secret “neutrality agreement” that gives union organizers preferential treatment

Kansas City, MO (August 12, 2010) – With free legal assistance from the National Right to Work Foundation, a Kansas City nurse has filed unfair labor practice charges against two unions and her employer for signing a “neutrality agreement” that gives union organizers preferential access to Research Medical Center.

Mary Hill and many other nurses oppose unionization at Research Medical Center. Despite these reservations, HCA, Inc., Research Medical Center’s parent company, agreed to help organizers from two collaborating unions impose monopoly bargaining on Hill and her colleagues.

Hill states that, facing pressure from Service Employees International Union (SEIU) and California Nurses Association (CNA) union organizers, the company signed a secret “neutrality agreement” with officials from both unions.

Click here to read the full release.

Faced with a looming strike on June 10, 2010, several Minneapolis nurses refused to follow union boss marching orders and instead stayed on the job to care for their patients. Although they resigned their membership before the strike took place, three nurses were threatened with union disciplinary hearings for refusing to walk off the job. With the help of Right to Work attorneys, these nurses have now filed unfair labor practice charges to hold union officials accountable for their heavy-handed intimidation tactics. Here's a video report on the incident from a local Minneapolis station:

For related coverage, check out articles from Minnesota Public Radio and The Minnesota Star-Tribune. You can also read the Foundation's press release on the incident here. 

The Right to Work Foundation has also extended an offer of free legal aid to any nurses facing similar union "disciplinary hearings." Interested parties should use the contact information provided here to determine if they're eligible for assistance. 

UPDATE: On Monday, August 2, Foundation attorneys filed another round of charges against the MNA union on behalf of Susan Clark, a nurse who was never informed of her right to leave the union to avoid participating in the recent Minneapolis hospital strike. A copy of Clark's charges can be found here (.pdf). 

In the wake of Service Employees International Union (SEIU) boss Andy Stern's retirement, SEIU Executive Vice President Mary Kay Henry was ushered in as the new chief of the notoriously corrupt and predatory union hierarchy.

Despite the mainstream media's portrayal of Henry's coronation as a change in the way SEIU union organizers coerce workers into dues-paying union ranks through intimidation or political deal-making, nothing could be further from the truth.

From National Right to Work's contribution to BigGovernment.com:

Don’t let the cheery atmosphere surrounding her anointment ease concerns about her nor the SEIU and its agenda; because for her, ObamaCare and its potential for 21.1 million forced unionism conscripts are just the beginning steps for SEIU’s steady march towards domination of U.S. labor markets.

Mary Kay Henry’s intentions to further radicalize the labor movement and the American economy are clearer than Stern’s vision. With the hundreds of millions of union dues and fees flowing into SEIU’s treasury, she has the financial fuel needed to fund her ambitious desires...

Mary Kay Henry has been credited with most of SEIU’s membership growth for more than a decade; however, that growth did not come from the grassroots; it was top down.

From 1996-2007, SEIU claimed 900,000 “new members” and Mary Kay Henry’s healthcare division provided almost all its growth...

In 2006, Mary Kay Henry laid her plan on the table:

More central power is needed, said Henry. “We believe the American labor movement needs to move beyond voluntarism [joining voluntarily?] … SEIU aims to increase the union rate of health care workers from its current 20 percent to 50 percent.[iii]

SEIU’s game plan is simple and reminiscent of the 1950s: create the allusion that it has the power to subjugate employers by region and couple it with SEIU’s willingness to ignore election rules to intimidate and control almost every elected and appointed Democrat in the United States. If the plan works, SEIU organizations gain control of workers in an entire region of the country.

After creating mega-locals, SEIU begins to sign-up smaller workplaces and move these units into the appropriate mega-local conflating contracts into its master contract for the region.

In the end, SEIU’s mega-local contract spans across numerous states and worksites making it virtually impossible for individual workers to mount a successful decertification or deauthorization NLRB election.

(Emphasis in original)

To view the National Right to Work Committee's latest video, "SEIU's Mary Kay Henry: Meet the New Boss, Same as the Old Boss"click here or you can watch it below:

Gov. Quinn Faces Class-Action Suit for Executive Order Designed to Unionize Home-Care Providers

National Right to Work Foundation attorneys assist home-based personal care providers pushed into union’s forced-dues ranks against their will

Chicago, IL (April 22, 2010) – With free legal aid from National Right to Work Foundation attorneys, a group of home-based personal care providers today filed a class-action lawsuit in federal court against Governor Pat Quinn and union officials for their efforts to force Illinois personal care providers under unwanted union boss control.

The suit stems from an executive order issued by disgraced former-Governor Rod Blagojevich shortly after his election, later codified, in which over 20,000 personal care providers who care for individuals with disabilities were designated as “public employees” of the state of Illinois for the purpose of granting Service Employees International Union (SEIU) bosses monopoly “representation” and forced dues privileges over them.

Following the Rod Blagojevich blueprint of forced unionism, Quinn signed an executive order last June that made an additional 4,500 home-based personal care providers susceptible to unwanted union boss bargaining and political “representation.” Not coincidentally, Quinn received the SEIU union bosses’ political endorsement and support during his recent closely-contested primary campaign for the Democratic nomination for Governor.

The additional 4,500 home-care providers who are not yet under union control soundly rejected union membership by a two-to-one margin in a mail-in vote. However, per Quinn’s executive order, the home-care providers may again be subject to out-of-state SEIU and American Federation of State, County, and Municipal Employees (AFSCME) union organizers making “home visits” attempting to organize the home-care providers through coercive “card check” unionization tactics.

Pam Harris, Gordon Stiefel, and several other home-care providers -- with assistance from the National Right to Work Foundation -- filed the federal suit on behalf of all of Illinois’s providers unionized by Blagojevich and on behalf of home-care providers threatened by forced unionism as a result of Quinn’s executive order.

“My primary concern is that someone else will be telling me how to best care for my son,” said Harris, who provides personal care for her adult son and is the lead plaintiff in the suit. “Union dues would be a deduction from what we have available to provide for my son’s needs. And then I would be giving my money to a union to exercise their political muscle on issues I may vehemently disagree with.”

Click here to read the whole release.

A copy of the complaint can be downloaded (pdf) by clicking here.

The Foundation's latest Right to Work video report features two outstanding and principled nurses from Houston, Texas. When California Nurses Association union bosses and the Tenet Medical Corporation cut a backroom deal to unionize several Houston-area health care facilities, they set up sham election procedures and imposed a gag rule to block any discussion by nurses of the downsides of unionization. Several nurses turned to the National Right to Work Foundation for help:

The Foundation's previous coverage of the case is available here and here.

National Right to Work Foundation attorneys, providing free legal aid to a California nurse who faced threats of fines and imprisonment for choosing not to go on strike, will appeal an administrative law judge's tortured reasoning with the National Labor Relations Board in Washington, DC.

Pomona, California (November 25, 2008) – Attorneys for a Pomona Valley Hospital Medical Center nurse announced they will appeal an erroneous administrative law judge ruling dismissing a federal complaint against a local union. Union officials had threatened non-striking nurses with financial penalties and even arrest for refusing to abandon their patients.

Federal labor prosecutors agreed with unfair labor practice charges brought by National Right to Work Legal Defense Foundation attorneys and found that Service Employees International Union (SEIU) Local 121RN officials had illegally coerced nurses in the exercise of their rights to refrain from union activity. The General Counsel of the NLRB formally brought the case before the federal labor law judge.

In May 2007, the collective bargaining agreement between the union and the hospital expired. SEIU officials later ordered a series of general strikes. Dozens of nurses resigned from formal union membership so they could continue treating their patients without facing retaliation by union officials. In response, union bosses menacingly disseminated information to nurses stating that, under a California “strikebreaker” law, they may be “subject to a fine of up to $1,000 and up to 90 days in jail” for refusing to join the strike and returning to work. SEIU officials further suggested to nurses that nonmembers would continue to owe compulsory union dues even though no contract containing a valid forced-dues clause was in effect.

Read the rest of the Foundation's press release here.

Following up on the recent upheaval within the SEIU union, a group of nurses from Nevada have recently put out a video decrying the disconnect between rank-and-file nurses and the union hierarchy.

Here's a new video detailing how the National Right to Work Foundation is helping a group of nurses in Pomona, California, fight back against a hostile union hierarchy: