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Air Traffic Controller Union Officials Forced to Respect Rights of Nonunion Employees

In Pennsylvania, staff attorneys from the Foundation helped four air traffic controllers reach a settlement with the National Air Traffic Controllers Association (NATCA) union. NATCA union officials were illegally forcing nonmember employees to financially support union activities unrelated to collective bargaining, as well as refusing to provide a legally required independent financial audit of forced-dues union expenditures:

Harrisburg, PA (December 29, 2008) – With free legal assistance from the National Right to Work Foundation, four air traffic controllers have forced National Air Traffic Controllers Association (NATCA) union officials to halt their illegal forced union dues extraction methods.

The settlement is a result of unfair labor practice charges filed with the National Labor Relations Board (NLRB) by Foundation attorneys for the four controllers in September 2008. The unfair labor practice charges challenged the union officials’ confiscatory scheme of forcing nonmember employees to support financially union activities unrelated to collective bargaining, as well as their refusal to provide a legally required independent financial audit of forced-dues union expenditures. The charges also challenged the union hierarchy’s policy that forced nonunion employees to object annually to full, forced-dues paying union membership.

Finalized today, the settlement requires union officials to post public notices informing affected controllers of their right to refrain from formal, full dues-paying membership. The notice also rescinds the union’s onerous annual objection policy – a policy that requires nonunion members annually to inform union officials of their decision not to pay for union activities unrelated to collective bargaining – and commits union officials to providing employees with an audited financial breakdown of all organizational expenditures. The union hierarchy has also agreed to allow nonunion workers to challenge retroactively dues payments unrelated to workplace representation.

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

Children Be Damned: Strike-Happy Pennsylvania Teacher Union Bosses Inducted Into Hall of Shame

Speaking of the Wall Street Journal, its editorial on Pennsylvania teacher union bosses' pathetic and disgaceful practice of ordering teachers to abandon schoolchildren during frequent strikes is also quite informative:

Teachers unions routinely claim that the interests of students are their top priority. So we would be interested to hear how the Pennsylvania affiliate of the National Education Association explains the proliferation of teacher walkouts in the middle of the school year.

According to a recent study by the Allegheny Institute, Pennsylvania is once again the worst state in the country for teacher strikes. No less than 42% of all teacher walkouts nationwide occur in the Keystone State, leaving kids sidelined and parents scrambling to juggle work and family, potentially on as little as 48 hours notice required by state
law.

The strikes take place despite the state's ranking in the top 20% nationwide for teacher salaries in 2006-2007 -- the most recent data available -- with an average of $54,970. Those paychecks go even further when adjusted for the state's cost of living compared to top-spending school districts in places like California.

Unsurprisingly, the status quo is perpetuated by the unions' corrupt relationship with local politicians:

Pennsylvania taxpayers aren't pleased. Last year, a bill to prohibit teacher strikes was introduced in the state legislature by Todd Rock and 28 co-sponsors, only to be sidelined thanks to union opposition. According to a group called Stop Teacher Strikes, 75% of state legislators between 2004 and 2006 received teacher union money. The office of Governor Ed Rendell, who received more than $500,000 in teachers union political action committee cash for his 2006 re-election bid, called the strike ban a "radical response" to the problem.

Simon Campbell, president of Stop Teacher Strikes, explained the connection between compulsory unionism and failing schools at this year's Concerned Educators Against Forced Unionism (CEAFU) conference:


Fact Check: Forced Dues Equals Forced Unionism

On Monday, the Pittsburgh Tribune-Review published an editorial criticizing the special privileges Pennsylvania law gives to teacher unions:

The Pennsylvania State Education Association causes untold damage to kids, taxpayers and the commonwealth. Few Pennsylvanians know how costly is this teacher union. But the public has the power to tame the beast.

With more than 185,500 members, 281 full-time employees and an annual income above $84 million, the PSEA is one of the state's wealthiest, largest and most politically active labor unions, reports The Commonwealth Foundation, a public-policy, free-market think tank in Harrisburg.

The PSEA has had cancerlike growth because of its ability to organize employees into collective bargaining units, influence legislation through its puppets that the union's political action committee helped to elect, and push for endless amounts of public financing for public schools, which usually ends up in union members' pockets.

Yesterday, the PSEA lied in response:

Contrary to the editorial, Pennsylvania is not a "compulsory" union state. Act 84, the Fair Share Fee law, preserves the right of all teachers and school employees to join or not to join a union.

But unions are legally required to represent each member of their bargaining units (including nonmembers) fairly and without discrimination. So it is reasonable for unions to charge nonmembers a fee for the costs of negotiating a collective bargaining agreement, as well as enforcing their collective bargaining agreements through processing grievances.

There is no question that Pennsylvania is a compulsory unionism state.  That's an outright lie from the PSEA.  Further, this is a common refrain from union bosses, who refuse to mention that the only reason they must "represent" nonmembers because they seek monopoly bargaining over all employees, not just members.

The truth is that excellent teachers, who would often rather represent themselves in negotiations with school district officials, have no choice but to accept a union's so-called "representation." That usually means good teachers are forced to accept lower compensation than they could get if they negotiated on their own behalf.

For more on teacher union abuses in Pennsylvania and other compulsory unionism states, check out this op-ed in the Tribune-Review by Mark Mix, President of the National Right to Work Foundation.

For more on the issue of compulsory unionism and education, see this video and listen to this podcast.

New Right to Work Video: Teacher Strikes and Forced Unionism

Our latest Right to Work video features Simon Campbell, a concerned Pennsylvania parent who founded stopteacherstrikes.org in the wake of a debilitating public school strike. At the annual Concerned Educators Against Forced Unionism Conference, Campbell explained the connection between compulsory unionism and teacher strikes:


As always, check back regularly at the Foundation's YouTube Channel for more Right to Work video updates.

Pennsylvania Turned Its Back on Freedom

With no Right to Work law on the books, the Commonwealth of Pennsylvania is a struggling, forced unionism state.

Ryan Mellinger is a young, full-time math teacher in a Pennsylvania public school district. He never joined the union which holds monopoly bargaining privileges over the district’s teachers, but he is still required to pay the $394 annually in forced dues, or lose his job.

And all Mellinger wants is to decide on his own how he could save or spend his $394 as he sees fit. FrontPage Magazine highlights:

“Pennsylvania is the state that gave birth to freedom and individual liberty, but it has turned its back on its heritage regarding compulsory union fees. Compulsory membership and fees affect not only teachers but thousands of workers throughout Pennsylvania in a variety of businesses that have union contracts. The results are an economic disaster.”

In order to highlight the impact of compulsory unionism in education in America today, the National Right to Work Foundation established a special project, Concerned Educators Against Forced Unionism (CEAFU). For over 30 years, CEAFU has helped to ensure that union officials respect the individual rights of independent educators.

Check out the CEAFU website here to see the negative impact of compulsory unionism on education.

The Only Way Out of a Union Pension is to “Quit, be fired, or die”

When a company official told Perfecseal, Inc. employee John McHenry and his coworkers that the only way out of a union-controlled pension fund was to “quit, be fired, or die,” they fought back.

With help from Right to Work attorneys the employees forced Teamsters Local 14-M officials to stop requiring the pension fund contributions, though union officials stopped short of returning the pension fund money that John and others already contributed.

Like many employees, John continues to feel intimidated at his workplace. But when one company official said John’s “name was mud” and claimed that “corporate” was “pissed” at him for standing up for his legal rights, John refused to back down.

Teamsters' Policy Poses 'Immediate Danger' to First Amendment Rights

Pennsylvania Turnpike employees should watch the Teamsters union-Turnpike Commission talks closely as another union-ordered statewide strike looms.

Why" Past experience shows that Teamster union bosses tried to block Turnpike employees from exercising their constitutional rights to refrain from formal union membership and cut off compulsory dues unrelated to monopoly bargaining.

In recent months, the National Right to Work Foundation helped 28 Pennsylvania Turnpike employees file separate federal civil rights lawsuits against Teamsters union locals 77 and 250, the Pennsylvania Turnpike Commission, and two Turnpike Commission officers for illegally seizing union dues from the employees’ paychecks.

The breakthrough came for the Turnpike employees when a federal judge ruled that Local 77’s union policy prohibiting employees from resigning from membership (so-called "maintenance of membership" clauses) likely violates First Amendment.

The federal judge enjoined the Teamsters union locals and the PTC from seizing the forced dues from the employees’ paychecks. But most importantly, the judge found that union officials’ actions demonstrated a “real or immediate danger to their First Amendment rights.”

Union officials commonly use the "maintenance of membership" clauses to trap workers in union ranks. And you can bet that as Teamsters union officials sit at the table with PTC officials, they’ll be pushing for this clause to stay so that union bosses can thwart any employee effort to reclaim forced dues.

Arming Employees with Information

Mike Walton

(Photo by Marty Heisey, Lancaster New Era)

Today's Lancaster New Era showcases machine operator Mike Walton's (photo above) victory against compulsory unionism by throwing out the unwanted United Steelworkers Local 1035. For refusing to abandon his job during a union-ordered strike over compulsory dues, the paper says Walton was:

"...undeterred by being called a 'scab,' sneers, profanities and threats."

Arming himself with information from the National Right to Work Foundation's website, Walton secured a decertification election by the National Labor Relations Board in which he and his coworkers voted out the unwanted union. This victory shows that the Foundation helps employees battle forced unionism outside the courtroom as well by educating employees about their rights.

However, in states like Pennsylvania where workers can be fired for refusing to pay union dues, a Right to Work law remains the only true solution for widespread relief.

Decertification elections are uphill battles because workers can only request them in narrow window periods near the end of a contract, or every three years, whichever comes first. Additionally, union officials can campaign against the employees using forced union dues.

 

 


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