Right to Work Foundation Announces New Addition to Legal Team

Regent-trained attorney dedicated to the cause of individual liberty for America's workers

Washington, DC (January 30, 2012) – The National Right to Work Legal Defense Foundation has hired Sarah Hartsfield of Austin, Texas, as an addition to its legal staff.

Hartsfield is a recently sworn in member of the Virginia State Bar and 2011 graduate of the Regent University School of Law in Virginia Beach, Virginia.

"Sarah brings to the Foundation a real commitment to defending and advancing individual liberty against the injustices of compulsory unionism," said Ray LaJeunesse, vice president and legal director of the National Right to Work Foundation.

"She will assist the Foundation's cutting-edge legal team in defending America's workers from Big Labor's growing influence in the public sector, enforcing individual employees' rights against compulsory unionism, and establishing new precedents to increase workplace freedom for America’s workers."

As the newest of the Foundation's 12 staff attorneys, Hartsfield will help build on the Foundation's litigation record for union-abused workers that includes 15 cases at the United States Supreme Court, seven of which were won in whole or in part, and one of which was argued earlier this month. Currently, National Right to Work Foundation attorneys represent thousands of workers in nearly 200 active cases nationwide.

Before joining the Foundation, Hartsfield served as an intern for the Singer Legal Group in Virginia Beach, Virginia and the Chesapeake Public Defender's Office in Chesapeake, Virginia. She was also an intern, and later an executive assistant, at the Ashcroft Group, L.L.C. in Washington, D.C.

While at Regent, Hartsfield participated in a variety of activities and clubs and was an Associate Member of Regent's Moot Court Board, competed in numerous moot court competitions, and was a member of the Student Ambassador program. She holds a bachelors degree in Government from the University of Texas, where she graduated in 2008.

Read more about the Foundation's legal team here.

Verizon Employee Files Federal Charge Against CWA Union Officials for Ignoring Her Rights

Workers refused to abandon job during highly-publicized strike but Verizon continues to illegally seize union dues from her paycheck

Newport News, VA (October 6, 2011) – In the wake of the recent Communications Workers of America (CWA) union-boss instigated strike that grabbed national headlines, a Newport News, Virginia Verizon (NYSE: VZ) worker has filed federal charges against the union and company for violating her rights.

With free legal assistance from National Right to Work Foundation attorneys, Williamsburg resident Monika Cassell filed unfair labor practice charges against the CWA union, its Local 2205, and Verizon for ignoring her right to refrain from paying union dues.

Upset by the CWA union officials' order to strike, and desiring to continue working to provide for their families, Cassell and other Verizon employees resigned from the union and revoked their dues deduction authorizations – a document used by union officials to automatically collect dues from employees' paychecks – while the union did not have a contract at their workplaces.

Under Virginia's popular Right to Work law, no worker can be required to join or pay any money to a union; and under federal labor law, employees can revoke their dues deduction authorizations once a contract terminates.

However, Verizon continues to confiscate full union dues payments from the workers' paychecks despite their attempts to opt out. And, CWA union officials continue to demand that Verizon keep taking union dues from the workers’ pay.

Cassell's charges also challenge the CWA union's dues deduction authorizations because those authorizations do not allow employees to revoke them when no contract is in effect, as federal law requires. Instead, Verizon is forcing the employees to pay full union dues for at least another year – the one-year anniversary of a new contract between the company and the CWA.

"Apparently at the behest of CWA union bosses, Verizon is refusing to honor Monika Cassell's legally protected right to resign her union membership and cut off union dues," said Mark Mix, President of National Right to Work. "It is indefensible that workers who resigned their union membership and continued to work to support their families in defiance of the CWA-ordered strike are now having their rights violated by company and union officials."

South Carolina Boeing Employees Move to Intervene in Obama Labor Board’s Assault on Right to Work Laws

National Right to Work Foundation attorneys helping workers and former Machinist union president challenge attempt to send jobs to Washington

Washington, DC (June 2, 2011) – With free legal assistance from the National Right to Work Foundation, a group of Charleston-area Boeing Company employees are asking to intervene in the National Labor Relations Board's (NLRB) unprecedented case targeting Boeing (NYSE: BA) for locating production in South Carolina in part due to its popular Right to Work law. That law ensures that union dues and membership are strictly voluntary.

The NLRB's complaint, if successful, would eliminate over 1,000 existing jobs in South Carolina, not to mention several thousand more jobs that would be created once the Boeing plant reaches full production capacity. Further, the case could set a dangerous precedent that allows union bosses to dictate where job providers locate their facilities.

In 2009, Boeing, after experiencing repeated International Association of Machinists (IAM) union boss-instigated strikes in the forced unionism state of Washington, decided to locate a new production line for the 787 Dreamliner to South Carolina, partly because South Carolina is a Right to Work state. IAM union bosses in state of Washington cried foul and filed unfair labor practice charges against Boeing.

The NLRB's Acting General Counsel Lafe Solomon sided with IAM union bosses and decided to prosecute Boeing in late April. Ironically, workers in Boeing's South Carolina plant booted IAM union bosses from their plant to attract the Dreamliner production, as the workers did not want union bosses interfering with their job prospects.

Boeing employees Dennis Murray, who led the effort to remove the union from the Charleston plant; Cynthia Ramaker, the former president with the local union which was removed from the plant; and Meredith Going filed their motion to intervene in the case with the NLRB regional office in Seattle, where the NLRB's case is pending.

"This case is nothing more than an attack by the Obama Administration on Right to Work laws and all workers in Right to Work states where employees cannot be forced to pay union dues as a condition of getting or keeping a job," said Mark Mix, President of National Right to Work. "Workers in South Carolina should not be denied the opportunity to continue providing for their families to satisfy the outrageous forced unionism demands of union officials in Washington state."

"The National Labor Relations Board's complaint is just the latest giveaway to Big Labor by an Obama Administration that has already erased union financial disclosure requirements and kept workers in the dark about the right to refrain from union membership, and is poised to eliminate workers' ability to challenge a coercive card check campaign with a secret ballot vote," added Mix. "Once again the Obama Labor Board is putting union boss priorities ahead of the rights and well-being of individual employees."

To read the employees' motion to intervene and their personal declarations supporting the motion, click here (pdf).

Nurse Threatened with Termination for Refusing to Join Union Ranks

Chicago Medical Center nurses kept in the dark about their rights as union bosses order them to abandon patients during strike

Chicago, IL (April 20, 2011) – With free legal assistance from the National Right to Work Foundation, a Chicago nurse has filed federal unfair labor practice charges against the National Nurses United (NNU) union. The charges allege that NNU officials stopped her from opting out of certain union dues and attempted to force her to join the union.

Jennifer Heyd, a University of Chicago Medical Center nurse, was first told that she had to authorize union dues deductions and sign a NNU membership card in November of 2010. Although Heyd informed union officials that she did not want to join the union or pay full dues, NNU bosses told her that she would be fired if she did not become a member or authorize dues deductions.

Because Illinois lacks a Right to Work law, employees can be forced to pay certain union dues as a condition of employment. However, the Foundation-won Supreme Court precedent Communication Workers v. Beck holds that no employee can be charged for union activities unrelated to workplace bargaining, including dues collected for members-only events or political activism. Moreover, no worker can be forced to join a union as a condition of employment.

In January 2011, Heyd attempted to contact union officials to explain her desire to refrain from union membership. Although she received no response, Heyd contacted the union again in February to restate her opposition to joining the union and paying full dues. A union official then informed Heyd that she had to sign a membership card and authorize union dues deductions or be fired. According to the union, the payroll department would take care of Heyd’s Beck objection.

Despite this assurance and the fact that Heyd sent a letter to the union restating her Beck objection, the NNU has never responded to Heyd’s request to opt out of full dues. Moreover, other nurses in the bargaining unit were also informed that they had to join the union or be fired.

Heyd’s charges will now be investigated by the National Labor Relations Board (NLRB).

“Hard-working nurses shouldn’t be forced to pay tribute to union officials or join an organization they have no interest in supporting just to keep a job,” said Patrick Semmens, Legal Information Director for the National Right to Work Foundation. “In the midst of a controversial strike, it’s particularly important that nurses be made aware of their right to resign from union membership at any time, after which they can choose to return to work free from retaliatory union strike fines.”

Federal Prosecution Against Grocery Union Bosses for Widespread Rights Abuses to Proceed as Class-Action

Union officials’ illegal forced-dues scheme violated possibly thousands of workers’ rights

Phoenix, AZ (October 22, 2010) – A federal prosecution initiated by several Fry’s Food Stores workers, whose rights were abused by local union bosses during a looming strike last year, will proceed as a “class action” and will potentially affect thousands of similarly-situated employees statewide.

With free legal assistance from the National Right to Work Foundation, employees from several Fry’s locations in Arizona filed federal unfair labor practice charges against the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry’s management after union and company officials continued to seize union dues from their paychecks despite repeated requests to stop.

Upset by a UFCW Local 99 boss-initiated strike threat last November, the employees resigned formal union membership and revoked their dues deduction authorizations – used by union officials to automatically withhold dues from employee paychecks – during a time in which the union did not have a contract at their workplaces.

The charges, filed by Shirley Jones of Mesa, Karen Medley and Elaine Brown of Apache Junction, Kimberly Stewart and Saloomeh Hardy of Queen Creek, and Tommy and Janette Fuentes of Florence – acting for other similarly situated employees – spurred the NLRB Regional Director in Phoenix to find that the dues deduction authorizations used by UFCW Local 99 union officials at all Arizona Fry’s Food Stores locations were illegal because they do not allow employees to revoke them once a contract terminates, as required by federal law.

Subsequently, the NLRB’s Regional Director initiated a statewide prosecution against UFCW Local 99 union bosses. However, an NLRB administrative law judge refused to uphold a subpoena of the union’s statewide records that would indicate how widespread the union’s practice of failing to honor Fry’s employees’ dues revocations really is. This week, the NLRB in Washington, D.C. overruled the judge’s decision and ordered the union to comply with the subpoena.

“Thanks to the work done by this courageous group of independent-minded employees, UFCW Local 99 bosses are now staring at the consequences of violating the rights of possibly thousands of Fry’s Food Stores workers across the Grand Canyon State,” said Patrick Semmens, Director of Legal Information at National Right to Work.

“Foundation attorneys are prepared to assist workers whose rights may be violated in various UFCW-controlled retail food stores and processing plants, banks, hospitals, manufacturing facilities, and waste management locations across the state of Arizona,” added Semmens.

Boeing Employees Respond to Union Boss Bullying with Unfair Labor Practice Charges

UAW union bosses seek to punish workers who refused to abandon jobs during a union-instigated strike

Los Angeles, CA (August 9, 2010) – Three employees at the Carson Boeing plant have filed federal charges against the United Auto Worker (UAW) union in response to local union officials’ efforts to illegally punish them for exercising their rights to resign from formal union membership.

Before working during a UAW Local 148-instigated strike, the three employees exercised their right, upheld by the U.S. Supreme Court in Pattern Makers v. NLRB (1985), to resign from formal, full dues-paying union membership.

The UAW Local 148 union hierarchy began internal union disciplinary procedures against the nonmember employees for refusing to abandon their jobs despite receiving their resignation letters before the union boss-ordered strike. Union officials have no legal power to punish nonmember employees for honoring their commitments to their employer as long as they first resigned their union membership.

Foundation attorneys have represented independent-minded employees across the country who suffered from union boss retaliation for refusing to abandon their jobs during union boss-ordered strikes. In some cases, nonmember employees have experienced sham disciplinary proceedings and even confiscatory fines to the tune of tens of thousands of dollars.

“In these tough economic times, it is unconscionable for UAW union bosses to retaliate against nonmember workers for providing for their families,” said Patrick Semmens, legal information director of the National Right to Work Foundation. “Boeing employees who exercise their long-recognized right to resign from union membership at any time should be allowed to make a living without the fear of harassment and intimidation for not toeing the union boss line.”

The NLRB regional office will now investigate the charges and decide whether to issue a formal complaint and prosecute the union.

Legal Foundation Offers Free Assistance to DC Nurses Who Won’t Abandon Patients during Strike

Nurses have the right to resign from a union at any time to avoid being forced off the job during a union-instigated strike

Washington, DC (August 6, 2010) – The National Right to Work Legal Defense Foundation, a charitable organization that assists employees nationwide, has announced an offer of free legal assistance to any Washington, DC nurses who do not wish to participate in an impending union-instigated strike at the Washington Hospital Center.

On August 3, Nurses United of the National Capital Area union officials declared a strike against the Washington Hospital Center. Although the date of the strike has yet to be determined, media reports indicate that a majority of eligible nurses either voted against the strike or didn’t vote at all. However, union officials seem intent on striking, which will take place as contract negotiations with the hospital continue to stall.

Ray LaJeunesse, Vice President and Legal Director of the National Right to Work Foundation, responded to the union’s strike threat by issuing the following statement on the nurses’ legal rights:

“Many DC nurses may wish to work during the strike to ensure their patients receive medical attention. Nurses who want to continue working must be made aware of their workplace rights, including the right to resign from union membership and the right to refrain from participating in a union-instigated strike. A detailed description of every nurse’s legal rights is available on the Foundation’s website at http://www.nrtw.org/a/a_7_p.htm.

“Foundation attorneys are prepared to advise nurses about their workplace rights. We are also prepared to provide free legal assistance to any nurses who are subjected to union harassment or retaliation for working during this or any subsequent strike initiated by union officials. You can call the Foundation toll free at 800-336-3600 or request free legal assistance via email at legal@nrtw.org.

“The National Right to Work Foundation is committed to helping nurses who wish to continue working rather than participate in a union-instigated strike,” continued LaJeunesse. “Nurses must assert their legal rights to ensure they aren't subjected to draconian internal union discipline for choosing to remain on the job, and Foundation staff attorneys stand ready to assist them.”

Under Supreme Court precedent and federal law:

• Workers have the right to resign from union membership at any time.

• Workers have the right to go to work even if the union is on strike. If a worker chooses to work during a strike, he or she must first resign from union membership to avoid union disciplinary action such as fines.

• After a union’s monopoly bargaining agreement with their employer expires, workers have the right to sign a decertification petition for a secret ballot election to eject union officials from their workplace.

Legal Foundation Files Federal Charges for Nurses Who Refused to Abandon Patients to Participate in Union-Instigated Strike

Employees who resigned their union membership have been illegally threatened with union disciplinary action

Minneapolis, MN (July 29, 2010) – With free legal assistance from the National Right to Work Foundation, three Minneapolis nurses have filed federal unfair labor practice charges against the Minnesota Nurses Association (MNA) union after MNA officials illegally threatened them with disciplinary action for refusing to participate in a recent strike. Foundation attorneys anticipate filing additional charges within the next several days.

Under the 1985 Supreme Court decision Pattern Makers v. National Labor Relations Board, workers have the right to resign from union membership. Although workers can still be fired for failing to pay union dues, nurses and other employees who exercise their right to refrain from formal union membership cannot be subjected to internal union discipline or compelled to participate in union activities, including strikes. Such union “discipline” often includes punitive fines, which can reach tens of thousands of dollars.

Despite these safeguards, MNA officials are threatening to discipline nurses who resigned from the union before the June 10, 2010 strike. Nurses who left the union received letters from the MNA on July 23 notifying them of an upcoming union disciplinary hearing for working during the strike. The letters also stated that nurses who didn’t participate in the strike are “subject to reprimand” from MNA operatives.

In early June, the Right to Work Foundation announced an offer of free legal assistance to any nurses who wished to resign their union membership to avoid participating in the MNA work stoppage or felt threatened or coerced into joining the union strike. Right to Work attorneys know from experience that workers who refuse to abandon their jobs during a union-instigated strike often face threats and retaliation from union officials.

“Attempting to drag these brave nurses into a kangaroo court is nothing more than a tired union boss intimidation tactic,” said Patrick Semmens, Legal Information Director for the National Right to Work Foundation. “All workers – including medical professionals – have the right to resign their formal union membership and continue working rather than be ordered off the job by union operatives.”

The nurses’ charges will now be investigated by the National Labor Relations Board.

Legal Foundation Offers Free Assistance to Nurses Who Won’t Abandon Their Patients during Looming Strike

In response to multiple inquiries, the National Right to Work Foundation renews its offer of free legal aid

Minneapolis, MN (July 1, 2010) – The National Right to Work Legal Defense Foundation, a charitable organization that assists employees nationwide, is renewing its offer of free legal assistance to any Minneapolis nurses who do not wish to participate in another union-instigated strike.

The Minnesota Nurses Association (MNA) union has again decided to strike against 14 hospitals in the Twin Cities area on July 6. However, recent media reports suggest that many nurses do not wish to participate in the impending strike.

Ray LaJeunesse, Vice President and Legal Director of the National Right to Work Foundation, responded to the union’s strike threat by issuing the following statement:

“Many Minneapolis nurses may wish to work during the strike to ensure that their patients receive medical attention. Nurses who want to continue working must be made aware of their workplace rights, including the right to resign from union membership and the right to refrain from participating in a union-instigated strike. A more detailed description of every nurse’s legal rights can be found on the Foundation’s website at http://www.nrtw.org/a/a_7_p.htm

“Foundation attorneys are prepared to advise Twin Cities nurses about their workplace rights. We are also prepared to provide free legal assistance to any nurses who are subjected to union harassment or retaliation for working during this or any subsequent strike initiated by MNA officials. You can call the Foundation toll free at 800-336-3600 or request free legal assistance via email at legal@nrtw.org.

“The National Right to Work Foundation is committed to helping nurses who wish to continue working rather than participate in a union-instigated strike,” continued LaJeunesse. “Nurses must assert their legal rights to ensure they aren't subjected to draconian internal union discipline for choosing to remain on the job, and Foundation staff attorneys stand ready to assist them.”

Under Supreme Court precedent and federal law:

• Workers have the right to resign from union membership at any time.

• Workers have the right to go to work even if the union is on strike. If a worker chooses to work during a strike, he or she must first resign from union membership to avoid union disciplinary action such as fines.

• After a union’s monopoly bargaining agreement with their employer expires, workers have the right to sign a decertification petition for a secret ballot election to eject union officials from their workplace.

Legal Foundation Offers Free Assistance to Nurses Who Won’t Abandon Their Patients during Looming Strike

According to recent reports, scores of Minneapolis nurses voted against the union-instigated strike

Minneapolis, MN (June 09, 2010) – The National Right to Work Legal Defense Foundation, a legal aid organization that assists employees nationwide, is announcing an offer of free legal assistance to any Minneapolis nurses who do not wish to participate in an impending union-instigated strike.

According to recent press reports, the Minnesota Nurses Association (MNA) union has decided to initiate a strike against 14 hospitals in the Twin Cities area. Some 4000 nurses either voted against or did not vote at all when asked to walk out on their patients.

Ray LaJeunesse, Vice President and Legal Director of the National Right to Work Foundation, issued the following statement:

“Given the results of this election, many Minneapolis nurses may wish to work during the impending strike to ensure patients receive medical attention. Nurses who want to continue working must be made aware of their workplace rights, including the right to resign from union membership and not participate in a union-instigated strike. A more detailed description of every nurse’s legal rights can be found on the Foundation's website at http://www.nrtw.org/a/a_7_p.htm

“Foundation attorneys are ready to advise Twin Cities nurses about their workplace rights. We are also prepared to provide free legal assistance to any nurses who are subjected to union harassment or retaliation for working during this or any subsequent strike initiated by MNA officials. You can call the Foundation toll free at 800-336-3600 or request free legal assistance via email at legal@nrtw.org.

“The National Right to Work Foundation is committed to helping nurses who wish to continue working rather than participate in a union-instigated strike,” continued LaJeunesse. "Nurses must assert their legal rights to ensure they aren't subjected to draconian internal union discipline for choosing to remain on the job, and Foundation staff attorneys stand ready to assist them."

Under Supreme Court precedent and federal law:

• Workers have the right to resign from union membership at any time.

• Workers have the right to go to work even if the union is on strike. If a worker chooses to work during a strike, he or she must first resign from union membership to avoid union disciplinary action or fines.

• Workers have the right to sign a decertification petition to hold a secret ballot election to eject union officials from their workplace.