News Release

School Bus Driver Files Federal Charges Against AFSCME Union Officials for Discriminating against Nonunion Employees

Union bosses’ scheme took money out of the pockets of workers who bravely asserted their rights

Indianapolis, IN (February 1, 2010) – With free legal assistance from the National Right to Work Foundation, an Indianapolis bus driver has filed federal unfair labor practice charges challenging American Federation of State, County and Municipal Employees (AFSCME) Local 3826 union officials’ discriminatory workplace practices.

Barry Hickman is a bus driver employed by First Student in Indianapolis, Indiana. As an employee in a unionized workplace, he is forced to accept union monopoly bargaining and pay certain union dues to Local 3826. Hickman was also involved in a prolonged legal battle to opt out of paying dues for union political activism, which was finally resolved in 2009 when AFSCME officials acknowledged his right not to fund their political activities.

However, Hickman and similarly situated employees have been targeted for workplace discrimination by union officials. AFSCME bosses are retaliating against Hickman and his coworkers because they previously filed unfair labor practice charges against the union with the assistance of National Right to Work Foundation staff attorneys.

At issue in these new charges is a scheme to manipulate First Student’s extra trip list to artificially limit the earnings of Hickman and other employees who object to the union’s activities. The trip list assigns First Student drivers additional compensation for driving trips beyond scheduled routes. Union officials manipulated the list to limit nonunion drivers’ access to extra trips. When Hickman asked to review the extra trip list, union officials told him to get a lawyer.

Hickman’s charges allege that these practices violate the National Labor Relations Act and the union’s duty of representation, which grants union officials the power to ‘represent’ all workers in a bargaining unit, regardless of their union membership status. The charges will now be investigated by the National Labor Relations Board (NLRB).

“AFSCME union bosses are always eager to keep independent-minded workers in line and paying forced dues, and this discriminatory policy is just one more ugly example of how employees who bravely stand up to union intimidation are treated,” said Patrick Semmens, legal information director of the National Right to Work Foundation. “Mr. Hickman shouldn’t have to ‘get a lawyer’ to ensure he’s treated fairly on the job, but union bosses forced his hand.”

“Ultimately, passing a Right to Work law in Indiana would go a long way towards curbing this type of ugly retaliation by union bosses against the employees they claim to represent,” Semmens continued.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.

Comments

union intimidation

Just recently first student in Boise Idaho went union, Idaho is a right to work state , but it does little to stop union intimidaton.

I elected not to go union, under right to work

So far at work My school bus has had a flatip screwdriver run up and down the side while being parked at the bus lot at night,(an attempt to make it look like I had an accident, When I saw it and pointed it out to a trainer, she admited it looked like a screwdriver had made the mess (Very obvious up and down gouges, not horizontil as of a moving accident) and when I had her take pictures of it, within minutes the shop covered it all up with tape. all the while a coworker constantly asks me if I'm going to the next union meeting or He says I saw your bus parked in front of your house, (I know where you live type of thing) , and even has said I let the air out of your tires, you better go look. . . .This is plain intimidation, . . .And since its cleverly diquised innuendo, Re they really out there? kinda thing. Right to work solves nothing for me. . . This is just the beginning of this all , but it seems to be rapidly picking up steam, and the ocuurences and the number of union people involved is getting more and more.

Earlier this year my wife who also drives at first student had a large rock hit her windshield shortly after leaving the bus lot while traviling at 50 mph, My daughter was on the bus at the time.

as I said, since none of this can be linked to the union, right to work does nothing for you.

. . .My only real question is this, If the union is committing intimidation tactics like this. Are these really the type of people you want in charge of busing your children to school?


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