Hotel Officials, Union Bosses Hit With Multiple Federal Labor Board Charges for Abusive Organizing Tactics

Union organizers verbally abuse Marriott employees and spy on workers in changing rooms after striking backroom deal with company officials

New York, NY (January 24, 2012) – A group of New York City Marriott (NYSE: MAR) employees – acting on behalf of their coworkers – have filed federal charges against the company and a local union for workplace intimidation and harassment.

The three SoHo Marriott employees filed the charges at the National Labor Relations Board (NLRB) with free legal assistance from National Right to Work Foundation attorneys.

New York Hotel & Motel Trades Council Local 6 union organizers entered into a backroom deal with company officials that allows union organizers unfettered access to the employees in order to install a union in the workplace.

Abusing this privilege, union organizers are attempting to browbeat the workers into supporting the union through a prolonged campaign of intimidation and harassment. Meanwhile, company officials deny workers' attempts to meet on company grounds.

Union officials have used video cameras in employee changing rooms, accessed employee lockers and handled employees' personal possessions, and have even resorted to verbal abuse. Union officials even took photographs of a female employee without her consent while she was changing her uniform in an employee changing room.

Read the entire release here.

In the wake of National Labor Relations Board's (NLRB) move to kill the only protection workers have against card check forced unionism, the U.S. House Committee on Education and the Workforce held a hearing yesterday about the recent onslaught of the NLRB's pro-forced unionism rulings as former-Chairwoman Wilma Liebman's term expired late last month.

Testifying at the hearing was Barbara Ivey, who works at a Portland, Oregon-based IT unit at Kaiser Permanente.

Ivey and 60 of her coworkers were subjected to a Service Employees International Union (SEIU) card check forced unionization campaign (via a neutrality agreement).

Many of Ivey's coworkers reported that they were misled or pressured by SEIU organizers into signing union cards, and didn't even know what they meant.

After the SEIU succeeded in gaining enough cards to claim monopoly bargaining privileges over the workers, the workers were told that if they didn't like it, they could file with the NLRB for a secret-ballot decertification election (per Foundation-won precedent in Dana) to overrule the card check campaign and remove the unwanted union.

After leaning about her rights with the assistance of Foundation staff attorneys, Ivey collected the necessary amount of signatures on a petition for a secret-ballot election.  But then, on August 26, 2011, the Obama NLRB overruled the Dana precedent in Lamons Gasket and the election was summarily cancelled.

Now, the employees in the Kaiser IT department are stuck with the SEIU for anywhere from one to four years before they will even have a chance to force a secret-ballot vote (and getting a decertification vote is a major uphill battle for employees who will have campaign against an entrenched union with full-time paid professional organizers).

Yesterday, Ms. Ivey shared with Congress her experiences with the unfairness of card check unionization and the one-sidedness of the Obama NLRB. You can read Barbara Ivey's testimony by clicking here (pdf).

You can watch the video of the hearing here.

Tyson Foods Worker Slaps Union with Federal Charges for Threats and Intimidation

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

Jefferson, Wisconsin (August 25, 2011) – A meat processing worker has filed federal charges against a local union and Tyson Foods, Inc. officials after union officials illegally threatened to retaliate against him for exercising his rights.

With free legal assistance from the National Right to Work Foundation, Tyson employee Gregory Langron of Janesville filed the charges with the National Labor Relations Board (NLRB) last week.

United Food & Commercial Workers (UFCW) Local 538 union officials enjoy monopoly bargaining privileges over Tyson Foods employees in the Jefferson plant. Langron recently exercised 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.

However, because Wisconsin does not have a Right to Work law, most workers who refrain from formal union membership can still be forced to pay a part of union dues as a condition of employment, but cannot be compelled to pay the portion used for the union's political, lobbying, and member-only activities.

UFCW Local 538 union officials recently threatened to prosecute Langron with internal union kangaroo court proceedings for allegedly initiating a petition to remove the union hierarchy from the workplace. Union officials also illegally told Langron that they would not represent him despite the fact that he is forced to pay union dues and accept UFCW union boss "representation" because Wisconsin lacks a Right to Work law for private sector workers.

Read the entire release here.

As previously reported on the Freedom@Work blog, union militants are certainly making headlines of late using violent tactics and vandalism to prove their point.

Stunningly, union thugs in Michigan may have taken this to the next level last week when John King, owner of King Electrical Services, was reportedly shot by a union goon spraying the word "scab" on the side of his car in the driveway.

Of course this should surprise no one familiar with the violent legacy of Big Labor, including that of AFL-CIO union boss Richard Trumka. But for good measure, the Investor's Business Daily (IBD) opined today about union bosses' reliance on violence to get their way:

The attack on King is emblematic of the sad fact that the leading perpetrators of political violence today are U.S. labor unions.

They've grown more violent in their rhetoric as their political power grows and their appeal to workers diminishes.

According to the National Institute for Labor Relations Research, a right-to-work think tank in Washington, there have been 4,400 incidents of union violence in the last 20 years.

The Teamsters are the leading perpetrators, with 454 incidents. But IBEW, which some suspect in the King incident, is in the top 10, having engaged in 125 incidents.

All told, there have been 11,600 incidents of union violence against workers, management and the public since 1975.

In 1973, the United States Supreme Court actually ruled to grant union officials the special privilege to be exempt from federal prosecution for union violence. And shocking these numbers may seem, the National Institute for Labor Relations Research states that for reported incidences of union violence between 1975 and 2000, only three percent of those incidents have led to an arrest and conviction.

The numbers used by IBD also don't account for the fact that most incidents of union violence go unreported (a study of one strike found seven instances of violence for every on reported on in the media) meaning that the already staggering numbers the article cites are just the tip of the iceberg.

Teamster Union Bosses Hit with Federal Charges for Having Coca-Cola Worker Illegally Fired

Incident shows Pennsylvania’s workers desperately need Right to Work protections

Houston, PA (July 5, 2011) – With free legal assistance from the National Right to Work Foundation, a former Coca-Cola employee has filed federal charges against a local Teamster union and the company for discrimination and illegally firing him from his job.

Keith Smiesko of Saxonburg filed the federal charges with the National Labor Relations Board (NLRB) regional office in Pittsburgh on Thursday.

Earlier this year, Teamster Local 585 union officials ordered Smiesko – who had refrained from full union membership and dues payments – to immediately pay full union dues for the previous three years along with additional union initiation fees without ever notifying him that he was being charged for their so-called "representation." Union officials illegally threatened Smiesko with job termination if he did not pay.

Smiesko refused, exercising his rights under the Foundation-won Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership. Teamster Local 585 union officials then demanded that Coca-Cola fire Smiesko and Coca-Cola complied with the union bosses' command.

Read the entire release here.

Last week, President Obama's National Labor Relations Board (NLRB) proposed new guidelines which will help give union organizers the upper hand over independent-minded employees, and make union organizing campaigns as one-sided as possible.

The new rules, which are designed to allow union organizers to browbeat workers into union ranks and keep independent workers from opposing unionization, make it easier for union organizers to launch stealth campaigns in which they have access to the personal information of workers and harass them (including by making "home visits") into signing "union authorization cards."

Meanwhile, the vast majority of workers and the employer may have no idea what is happening.

Then, after union organizers collect those "authorization cards" from just 30 percent of employees in the workplace, workers would be ambushed with an union organizing election in just days -- denying independent-minded employees any time to share truthful, non-coercive information with their coworkers about the effects of unionization.

Well-funded professional union organizers regularly push for unionization behind the scenes for months (or even years) as part of their drive for more forced union dues, and under the new rules, workers wishing to remain free from union boss control would only have days to counter what could be years of union-boss propaganda being used at their workplace -- and even at their coworkers' homes.

Further, even if union bosses don't think they can win the quickie election, under the new rules they would be able to request the election in order to force the employer to hand over a list of every employee with their home address, phone number, email and shift information. Armed with this information union organizers could then withdraw the election petition and continue pursuing their coercive card check campaign.

In response, the National Right to Work Foundation has requested to address the NLRB at its public hearing next month on the proposed rule changes. If allowed, Foundation staff attorneys will argue at the hearing that the ambush elections Big Labor is pushing for would prevent independent-minded workers their right to resist forced unionization of their workplace and that the rule requiring job providers to hand over the employees' personal information to union bosses is a violation of their privacy and places them in danger of harassment at the hands of aggressive union organizers.

You can read the Foundation's request to appear at the NLRB's public meeting on behalf of independent-minded workers here (pdf).

Bus Drivers Slam the Brakes on Teamster Union Boss Intimidation and Threats

Teamster bosses bullying independent-minded workers to sign self-disparaging letter just to exercise their constitutional rights

Long Island, NY (October 8, 2010) – Two Syosset-based bus drivers have filed federal charges against a local Teamster union for refusing to recognize, without condition, their constitutional right to refrain from formal union membership and instead are intimidating independent-minded workers who exercise that right.

With free legal assistance from the National Right to Work Foundation, the two Acme Bus Corp. drivers filed the charges late last week with the National Labor Relations Board (NLRB) regional office in Brooklyn.

Teamsters Local Union 1205 officials are failing to acknowledge without condition the workers’ rights to refrain from formal, full dues-paying union membership established under Foundation-won precedent in the Supreme Court case Communication Workers v. Beck. Instead, Teamster Local 1205 union bosses are forcing nonmember employees to sign a self-disparaging letter characterizing themselves as “dues complainers.”

Read the entire release here.

Today, House Republican leader John Boehner called on President Barack Obama to veto any controversial legislation that passes during the post-midterm election lame-duck Congressional session. One of those controversial bills is the Card Check Forced Unionism Bill.

As Right to Work Foundation legal director Ray J. LaJeunesse details in the Spring 2010 issue of the Texas Review of Law & Politics journal, this draconian bill's three primary provisions contain many injustices toward American workers and job providers.

Regarding the bill's provision to strip workers of their rights to a secret ballot election and opening them up to intimidating "home visits":

...the absence of a formal election process works an obvious unfairness, facilitates intimidation and deception of workers, and runs contrary to the American tradition of secret ballots and the freedom to vote in privacy. The United States Supreme Court has already spoken to the issue, recognizing that “secret elections are generally the most satisfactory—indeed the preferred—method of ascertaining whether a union has majority support.”

There also is a serious question whether EFCA will unconstitutionally deny employers and employees their free speech rights... Because there would be no open campaign leading up to a secret-ballot election, EFCA would eliminate open debate, thus curtailing the speech rights of employers and individual employees opposed to the union.

As for the unconstitutational, government-mandated binding arbitration provision:

Mandatory governmentally-imposed binding interest arbitration... runs afoul of various provisions of the U.S. Constitution.

Moreover, in requiring governmentally-imposed arbitrators to dictate contract terms, EFCA would unconstitutionally take the property of employers and give that property to their employees (as wages, for example) for a non-public use, in violation of the takings clause...

And finally, regarding the lopsided nature of the penalties imposed on job providers:

These drastic new penalties for unfair labor practices that apply to employers but not to unions raise concerns under the Equal Protection Clause of the Fourteenth Amendment and may violate the Seventh Amendment right to a jury trial.

These one-sided changes in the NLRA’s remedial scheme would adversely affect employees as well as employers. With the Damoclean sword of punitive remedies looming, employers faced with union organizing campaigns will be more likely to gag themselves to avoid unfair labor practice charges by unions, thus depriving employees of the “information opposing unionization,” which they have an implicit “right to receive” under NLRA section 7, and which is necessary to make an informed and free choice about whether to support unionization or not.

As LaJeunesse clearly explains, the Card Check Forced Unionism Bill certainly "presents serious legal and policy issues" indeed.

The full article is published in the Texas Review of Law & Politics Vol. 14, No. 2.

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:

FEC Fails to Investigate Teachers’ Complaint of NEA Union Money Laundering Scheme

Employee rights advocate weighs federal lawsuit

Washington, DC (January 5, 2010) – Apparently without conducting a field investigation, the Federal Election Commission (FEC) dismissed a complaint against one of the most politically active unions in America after evidence surfaced that union officials deposited illegally laundered dues money into its political action committee (PAC).

Citing in part lack of sufficient funding to enforce the law, the FEC junked a complaint filed by the National Right to Work Legal Defense Foundation and two Alabama teachers who discovered a union scheme to divert convention reimbursements into the National Education Association (NEA) union’s PAC.

When attending the NEA’s 2004 national convention, Daphne Middle School science department chair Claire Waites was deceived into supporting the NEA’s PAC and was determined that it would not happen again. However, Waites and Assistant Principal Dr. Jeanne Fox, both members of the Baldwin County Education Association (BCEA), Alabama Education Association (AEA), and NEA unions, discovered the practice continues.

Click here to read the full release.