Civil Servants File Brief Opposing Union Challenge to Public-Sector Unionism Reforms

Workers ask court to uphold reform measure protecting most Badger State public workers from forced unionism

Madison, WI (January 9, 2012) – With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, two Wisconsin public employees have filed an amicus curiae brief in favor of Scott Walker's government-sector monopoly bargaining reform. The reform protects the Right to Work for most Wisconsin public workers and bans automatic forced-union-dues seizures from public employees' paychecks.

Christopher King, a social services specialist for Western Wisconsin Cares, and Carie Kendrick, a custodial lead at the University of Wisconsin-Whitewater, filed the brief with the U.S. District Court for the Western District of Wisconsin.

The workers, who are forced to accept the "representation" of union officials, want instead the freedom to represent themselves with their employers. The workers state in their brief that "they equate the 'services' provided by (union officials) to be akin to those of some itinerant street window washers who sling dirty water on your car windshield, smear it around, and then demand payment."

In their brief, the workers ask the judge to uphold the new law as constitutional and deny the unions' request to suspend the law. The workers rely on the Foundation-won U.S. Supreme Court Davenport v. WEA victory in which the Court unanimously held that union bosses enjoy an "extraordinary power" to force workers to pay union dues or fees as a condition of employment, but have no constitutional right to use government resources to deduct union dues or fees from workers' paychecks.

Read the entire release here.

Civil Servants File New Brief in Federal Public-Sector Unionism Case

Workers ask court to uphold reform measure protecting most Badger State public workers from forced unionism

Madison, WI (October 20, 2011) – With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, three Wisconsin public employees affected by Wisconsin’s recent public-sector unionism reforms have filed an amicus curiae brief in federal court asking the judge to uphold the new law and deny the unions' request to suspend the law.

Pleasant Prairie teacher Kristi Lacroix, Waukesha high school teacher Nathan Berish, and trust fund specialist at the Wisconsin Department of Employee Trust Funds Ricardo Cruz filed the brief late last week in favor of the reforms which sharply limited government union officials' monopoly bargaining power over public workers and taxpayers.

The teachers object to the union's use of their forced union dues for the union's political activities. In a recent legal brief, union officials admitted that under the reforms public-sector union bosses would lose at least a quarter of their forced-union-dues revenues. For example, Wisconsin teacher union bosses would not be able to force independent-minded teachers to pay $5.4 million in forced dues and $375,000 for teacher union boss political activism, thus highlighting the need for a Right to Work law for Wisconsin’s workers – in both the public and private sectors.

All three workers want to exercise the freedom to represent themselves with their employers, stating in their brief that "they equate the 'services' provided by (union officials) to be akin to those of some itinerant street window washers who sling dirty water on your car windshield, smear it around, and then demand payment."

Read the entire release here.

California State Employees Lay Out Class-Action Lawsuit before Supreme Court

Court to review Ninth Circuit decision requiring California state employees to contribute to union political fund

Washington, DC (September 14, 2011) – National Right to Work Foundation attorneys filed the initial brief with the United States Supreme Court, which is reviewing a Ninth Circuit Court of Appeals ruling that forced nonunion California state employees to fund union officials' political activism.

Foundation attorneys, who are litigating the case, filed the brief Monday for the eight California civil servants who initiated a class-action lawsuit against the California State Employee Association (CSEA) union, an affiliate of the Service Employees International Union (SEIU).

In 2005, CSEA union officials imposed a "special assessment" to raise money from all represented state employees for a union political fund, regardless of their membership status. The political fund was used to defeat several ballot proposals, including one that revoked public employee unions' special privilege of using forced fees for political contributions unless an employee consents. Employees who refrained from union membership were given no chance to opt out of the CSEA union's political fund.

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.

State Employee Commission Rubber Stamps Union Boss Retaliation Against Employee Who Won Case against Union

Case highlights need to roll back union boss powers in the Garden State

Trenton, NJ (May 10, 2011) – Despite his previous legal successes, a New Jersey Department of Environmental Protection (DEP) employee is learning firsthand how difficult it is to obtain justice in the face of union retaliation.

With free legal assistance from the National Right to Work Foundation, DEP employee Gary Lipsius filed charges against the DEP for reversing a promotion and pay raise allegedly in retaliation for his previous filing of a successful lawsuit against Communications Workers of America (CWA) Local 1034 union bosses and the agency.

Lipsius successfully challenged the illegal deduction of compulsory dues from the paychecks of thousands of nonunion New Jersey employees in a 2004 class-action lawsuit against the CWA union. With free legal aid from the Foundation, Lipsius and two of his colleagues charged the CWA union with collecting compulsory dues for non-chargeable activities, such as politics, without properly disclosing the union’s expenditures. The suit forced CWA union officials to cease and desist their illegal actions.

Lipsius’ unfair labor practice charges against the DEP – which prompted the New Jersey Public Employment Relations Commission (PERC) to investigate and conduct a trial – sought back pay and a reinstatement of his raise and promotion.

Read the entire release here.

Wisconsin AFSCME Union Bosses Face Federal Charges for Illegally Seizing Forced Dues for Politics

Wisconsin needs Right to Work law to protect workers from forced unionism abuses

Milwaukee, WI (March 16, 2011) – A U.S. Bank customer service and support employee has filed federal charges against a local union after local union officials illegally attempted to force him and his colleagues into full-dues-paying union membership.

Peter Quinones of Milwaukee filed the charges with the National Labor Relations Board (NLRB) on Tuesday with free legal assistance from National Right to Work Legal Defense Foundation staff attorneys.

After American Federation of State, County, and Municipal Employees (AFSCME) Local 777 union officials were granted monopoly bargaining privileges over approximately 300 U.S. Bank employees, Quinones sent a letter to union officials stating that he was exercising his right under National Right to Work Foundation-won Supreme Court precedent in Communication Workers v. Beck to refrain from full dues paying union membership.

Because Wisconsin is a forced unionism state, workers who refrain from formal union membership can still be forced to pay a certain amount of union dues, but cannot be compelled to pay the portion of union dues used for the union’s political, lobbying, and member-only activities.

Despite his letter, AFSCME Local 777 union officials continued to extract full union dues from his paycheck. After Quinones filed an unfair labor practice charge, union officials still refused to honor his request to exercise his legal rights.

Read the entire release here.

Last week, Mark Mix, President of National Right to Work, pointed out in Investor's Business Daily that the real issue in the ongoing battles between Big Labor and reform-minded public officials in various states across the country is getting lost in the union bosses' self-serving rhetoric.

As Mix notes, given the media coverage of the battle in Wisconsin:

Americans learning about organized labor's battles in Wisconsin, Ohio, Indiana and other states from TV, radio and newspaper reports may understandably be confused about what is at stake, especially if they have no personal experience with unions themselves. From afar, it's easy to draw the conclusion that public employees' right to join a union is at stake.

Of course a worker's right to join a union is not the issue at all. The real issue at stake is that Big Labor enjoys numerous government-granted special privileges at the expense of workers' individual rights:

...What reform-minded elected officials are seeking to curtail, and in
some cases even abolish, is government union chiefs' legal power to
force public servants into a union as a condition of employment.

Under the current labor laws of nearly half of the states, government union officials have been explicitly authorized to force all public employees in a workplace to pay union dues or be fired, as long as a majority of their fellow employees (among those expressing an opinion) support unionization.

Such forced-unionism laws, which Big Labor is now fighting furiously to keep on the books in the face of increasingly intense public opposition, actually trample on, rather than protect, employees' freedom to make personal decisions about unionism.

And that's the point. So next time you hear union bosses like Richard Trumka shouting about "protecting workers' rights," it's important to keep in mind that what he really means is "protecting union bosses' special powers."

Union Bosses, School District Face Federal Suit for Illegal Forced Union Dues Scheme

School employees challenge unconstitutional union dues confiscation

Cincinnati, OH (January 21, 2011) – A group of Cincinnati Public Schools employees today filed a federal lawsuit against a local union and the city school district for illegally confiscating union dues from their paychecks in violation of their constitutional rights.

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

The school district carpentry shop employees, who have exercised their right to refrain from formal union membership with the Greater Cincinnati Building & Construction Trades Council union (GCBCTC) and its affiliates, ask the federal court to protect their Right to Work Foundation-won rights upheld by the U.S. Supreme Court in Chicago Teachers Union v. Hudson.

Read the entire release here.

Over the Labor Day weekend, columns by National Right to Work president Mark Mix appeared in newspapers across the country and online exposing Big Labor's power grabs and coercive practices over American workers.

In Investor's Business Daily Mix highlighted the extremism and ethics problems of Craig Becker, the Service Employee International Union's (SEIU) inside man at the National Labor Relations Board (NLRB):

In the face of bipartisan opposition, Obama bypassed Congress and installed Becker at the NLRB through a recess appointment. Now that he's established at the head of an agency responsible for overseeing American labor law, Becker is poised to expand Big Labor's privileges even further.

Faced with apparent conflicts of interests brought to light by the National Right to Work Foundation, Becker quickly downplayed any connection to the SEIU, his longtime employer. Despite crafting legal strategies on behalf of that union for much of his career, Becker refused to recuse himself from several NLRB cases involving the SEIU's local affiliates.

Despite his relatively brief tenure, Becker's biases are already evident. In one recent case, Becker wrote that the board should consider waiving rules that require union bosses to provide workers with independently audited breakdowns of union expenditures.

On National Review Online, Mix outlined union militants' stealth to bypass Congress to implement radical changes to labor law that grant new special privileges to union bosses at the expense of hardworking Americans:

By cramming the NLRB full of forced-unionism operatives, Obama has successfully laid the groundwork for a stealthy push to undermine the rights of American workers. The NLRB’s administrative agenda and electronic-voting schemes now threaten to undo much of the hard work that went into defeating card-check legislation.

Some doubt that such sweeping changes could be enacted without congressional approval, but we’ve already seen Big Labor’s strategy in action. The National Mediation Board (NMB), a federal agency that governs airline and railway employees, has just enacted a far-reaching rule change that allows for workplace unionization without the consent of a true majority of employees.

Mix exposed Big Labor's plot to monopolize government-sector workers in the Washington Times:

The outsized power and privileges of government union bosses clearly are a major force behind the unsustainable growth of government payrolls. According to data furnished by respected labor economists Barry T. Hirsch and David A. Macpherson, nonunion government employment nationwide actually fell by 2 percent, but Big Labor-controlled government employment grew by nearly 4 percent from 2007 to 2009.

Government union bosses' success in expanding the ranks of employees under their monopoly bargaining power - even as private-sector and nonunion government payrolls have shrunk - spells trouble for the future of the American economy. Our country simply must reverse the long-term trend in which the growth of government-union employment far exceeds that of private-sector employment in good and bad times alike.

Otherwise, American taxpayers and businesses are destined to face ever-more-onerous tax burdens to pay for bigger and bigger government in the decades to come.

Finally, in local newspapers nationwide including the Duluth News Tribune, Mix warned that no worker is safe from the union moguls' designs:

Take Major Stephen Godin, a retired Marine who has instructed ROTC in Worcester, MA, for 15 years. Major Godin’s dedicated service to his country and his students deserves our respect and gratitude.

But three months ago, Massachusetts Teachers Association union officials threatened his dismissal for not paying union dues, even though he is not a member of the union. Because Massachusetts lacks a Right to Work law making union association strictly voluntary, nonmembers can be forced to pay some fees to a union as a condition of employment.

Public outcry prompted the governor to exempt ROTC instructors from forced-dues requirements, but other teachers across the state still labor under compulsory unionism.

Mark Mix also appeared on nationally syndicated and local radio shows coast-to-coast.