Right to Work Foundation Announces New Addition to Legal Team

Wake Forest-trained attorney dedicated to the cause of individual liberty

Washington, DC (February 26, 2010) – The National Right to Work Legal Defense Foundation announced today that it has hired Erin Elizabeth Smith of Georgetown, Texas, as an addition to its legal staff.

Smith is a recently sworn in member of the North Carolina State Bar and 2009 graduate of the Wake Forest University School of Law in Winston-Salem, NC.

“Erin Smith brings to the Foundation a real commitment to defending and advancing individual liberty against the looming threat of compulsory unionism,” said Ray LaJeunesse, vice president and legal director of the National Right to Work Foundation.

“She will assist the Foundation’s burgeoning, cutting-edge legal strategies to blunt Big Labor’s well-funded, politically-connected attack on individual worker rights – including its coercive ‘card check’ forced union organizing and misuse of compulsory dues for politics.”

As the newest of the Foundation’s eleven staff attorneys, Smith will help build on the Foundation’s litigation record for union-abused workers that includes 14 cases at the United States Supreme Court, seven of which were won in whole or in part. Currently, National Right to Work Foundation attorneys represent thousands of employees in over 200 active cases nationwide.

Before joining the Foundation, Smith served as an intern for both the National Labor Relations Board regional office and for a federal public defender in Winston-Salem. She also was a law clerk for Davis & Hamrick, LLP of Winston-Salem and for the Institute for Justice in Washington, DC.

Smith holds bachelors degrees in History and Political Science from Wake Forest University, where she graduated with honors. She was also a member of the legal honor society Phi Alpha Delta and an executive staff member of the Wake Forest Journal of Intellectual Property Law.

Michigan Home-Care Providers File Class Action Suit Challenging Union Boss/Granholm Unionization Scheme

Right to Work Foundation attorneys challenge Governor and union boss collusion to force home-care providers under union control

Lansing, MI (February 17, 2010) – With free legal aid from National Right to Work Legal Defense Foundation attorneys, a group of Michigan home-based day-care providers have filed a class action federal lawsuit against government union officials and Governor Granholm's Administration for illegally forcing them to pay union dues.

Carrie Schlaud and Diana Orr of Lapeer County, Edward and Nora Gross of Ingham County, and Peggy Mashke of Ogemaw County -- with assistance from the National Right to Work Foundation -- filed the federal suit today on behalf of all of Michigan’s 40,000 home-care providers.

The suit challenges a scheme created by Granholm, Michigan Department of Human Services (DHS) officials, and a union front group called "Child Care Providers Together Michigan" (CCPTM) to designate home-care providers who accept state assistance as "state employees" and foist CCPTM union political "representation" on them. CCPTM is an operation run by the United Autoworker (UAW) and American Federation of State, County, and Municipal Employees (AFSME) unions.

Under Granholm’s direction, DHS officials created the "Michigan Home Based Child Care Council" to provide the union bosses with an entity to deal with as the "management" of the home child-care providers. Even though only 15 percent of the 40,000 day-care providers voted in the union certification election, the CCPTM union hierarchy was granted monopoly bargaining privileges and political representation of all the home-care providers.

The DHS now siphons union dues from the providers' paychecks and forwards the money into the union bosses' bank accounts. Recent media reports suggest that in exchange for their special government-granted privileges to force Michigan's home-care providers under union monopoly control, the union bosses benefiting from this scheme contribute to various pro-compulsory unionism politicians in Michigan, including Governor Granholm.

The class action suit challenges the forced-unionism scheme on the grounds that it violates the U.S. Constitution's guarantees of free political expression and association.

"This scheme is nothing more than pure political payback; union bosses funnel millions of dollars to the campaigns of pro-forced unionism politicians, and the same politicians are forcing home-care providers to pay tens of millions of dollars into union boss coffers," said Patrick Semmens, Legal Information Director of the National Right to Work Foundation.

The federal lawsuit was filed in the United States District Court for the Western District of Michigan, Southern Division.

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.

In July 2008, Waites and Fox attended the NEA’s annual convention in Washington, DC as delegates of the BCEA. According to their sworn testimony, BCEA union president Saadia Hunter informed the educators that contributions in their names were made to a “children’s fund” using money included in their expense reimbursements for their trip to the convention.

Although Hunter told Waites that these contributions were not political in nature, they actually went to the NEA’s PAC. Hunter later admitted that the money would be contributed to Barack Obama’s presidential campaign. AEA union bosses also admitted to the educators that the PAC contributions were paid with BCEA members’ dues.

Foundation attorneys are considering a lawsuit against the FEC for shirking its duty of upholding the integrity of the political system, particularly since it is suspected this scheme affected many other teacher delegates to the union convention.

“The FEC made a conscious decision to not take these charges seriously,” said Mark Mix, president of the National Right to Work Foundation. “We suspect this scheme could involve many more teachers – potentially to the tune of hundreds of thousands of dollars.”

It is illegal for union officials to encourage and solicit contributions under false pretenses and without informing workers of their right to refuse to contribute without any reprisal. Federal law also forbids campaign contributions made in the name of another person.

Steelworker Union Bosses Slapped with Federal Charges for Continuing to Seize Dues from Worker’s Paycheck

Union officials ignore own rules to force worker into full dues paying union membership

Des Moines, Iowa (December 31, 2009) – With free legal assistance from the National Right to Work Foundation, a Bridgestone Corporation employee filed federal charges after his employer illegally diverted a portion of his paycheck to a local union to which the employee does not belong.

The case points out the need for strong and fully enforced Right to Work laws and other protections against forced unionism abuse. A few Iowa legislators have recently tried to repeal the state’s Right to Work law that makes union membership and dues payment voluntary – even though doing so would lead to employee rights violations on a massive scale.

Terry L. Welch of Polk City filed federal unfair labor practice charges at the National Labor Relations Board (NLRB) against United Steelworkers Local 310 union bosses and Bridgestone.

In October, Welch resigned from the Steelworkers union and revoked his dues deduction authorization. Dues deduction authorizations are used by union officials to automatically withhold union dues from employee paychecks.

Under Iowa’s popular Right to Work law no worker can be required to join or pay any money to a union as a condition of employment. Additionally, the union’s own dues authorization card allows Welch to revoke his authorization at any time.

However, union officials are ignoring Welch’s repeated requests to exercise his legal rights. Despite the employee’s best efforts to resign from union membership and halt the dues seizures, Bridgestone continues to illegally deduct union dues from Welch’s paycheck and forward them to the union hierarchy.

The charges will now be investigated by the NLRB regional director in Des Moines who can prosecute the union officials and the company for violating the employee’s legal rights.

“Despite repeated requests, Steelworker union bosses are disregarding their own rules and ignoring Mr. Welch’s legitimate attempts to exercise his right to stop paying union dues,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Fortunately, workers in the Hawkeye State have rights under federal law and Iowa’s Right to Work law to help combat the corrupt actions of unaccountable union bosses.”

Grocery Store Union Bosses Face Federal Charges After Blocking Workers from Stopping Dues Payments

Local union officials and Fry’s Food Stores management collude illegally to extract forced dues from independent-minded workers

Phoenix, AZ (December 23, 2009) – With free legal assistance from the National Right to Work Foundation, five employees from different Fry’s Food Stores locations have filed federal charges challenging their employer’s and a local union’s efforts to block them from stopping the seizure of union dues from their paychecks.

Disgusted with recent union strike threats, large numbers of employees withdrew from the union, but union officials are now retaliating by refusing to honor their legal rights and getting Fry’s management to deduct and forward the union dues money anyway.

Shirley Jones of Mesa, Karen Medley and Elaine Brown of Apache Junction, and Kimberly Stewart and Kristy Dickenson of Queen Creek – acting for other similarly situated employees – filed federal unfair labor practice charges at the National Labor Relations Board (NLRB) against United Food & Commercial Workers (UFCW) Local 99 union bosses and Fry’s.

In the midst of a well-publicized UFCW Local 99 union-threatened strike in November 2009, the employees resigned from the UFCW union and revoked their dues deduction authorizations during a time in which the UFCW union did not have a contract at their workplaces. Under Arizona’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, if there is no longer a bargaining agreement in effect between union officials and an employer, employees can revoke their dues deduction authorizations at any time.

Dues deduction authorizations are used by union officials to automatically withhold dues from employee paychecks. Despite the employees’ best efforts to halt the dues seizures, Fry’s continues to illegally collect from the employees union dues for the UFCW union hierarchy.

The charges will now be investigated by the NLRB regional director in Phoenix, who can prosecute the union officials and the company for violating the employees’ legal rights.

“Despite repeated requests, UFCW Local 99 and company officials have ignored workers’ attempts to exercise their right to stop paying union dues” said Stefan Gleason, vice president of the National Right to Work Foundation. “We intend to make sure that UFCW operatives play by the rules and stop extracting union dues from workers who want nothing to do with this unaccountable union.”

Employees Slap Teamster Union Officials with Federal Charges over Illegal Forced Dues Policy

Union officials fail to provide adequate disclosure to nonunion employees, then threaten the workers with termination

Philadelphia, PA and Baltimore, MD (December 16, 2009) – With free legal assistance from the National Right to Work Foundation, four workers forced to pay fees to a regional Teamsters union council have filed unfair labor practice charges against the union for providing inadequate financial disclosure and illegally threatening to have workers who didn’t pay fired.

Under the Foundation-won Supreme Court precedent Communication Workers v. Beck, nonmember employees can be forced to pay certain union dues as a condition of employment, but they cannot be compelled to pay for politics, lobbying, and member-only events. Union officials are also legally obligated to inform workers of these rights and to provide workers with an independently verified audit of chargeable and non-chargeable expenses.

Graphic Communications Conference/International Brotherhood of Teamsters, District Council 9, union bosses have exclusive representation power over employees at Perfecseal, Inc. in Philadelphia, PA, and Standard Register in Salisbury, MD, but have not provided nonmember employees with the level of disclosure Beck requires. Nonmembers’ “agency fees” paid to the union council have increased by a greater percentage than corresponding increases in dues amounts for union members, and union bosses are demanding that the nonmembers pay the increased fees or be fired without providing an adequate breakdown of expenditures.

Additionally, the union maintains an illegal policy requiring nonmembers to renew their objection annually or be converted to full union member status and thus be forced to pay full union dues. The National Labor Relations Board Regional Directors in Philadelphia and Baltimore will now investigate the charges and decide whether to prosecute the union before an administrative law judge.

“If Pennsylvania and Maryland adopted Right to Work laws banning forced unionism, independent-minded employees would be able to defend their freedom of association,” said Stefan Gleason, vice president of the National Right to Work Foundation. “The only way to stop future abuse is to make all union dues voluntary.”

The charging parties are Michael Lee Jones at Standard Register and Awa Ereforokuma, Huan Tang, and Thomas Wells at Perfecseal for themselves and other similarly situated employees.

‘UNITE HERE!’ Union Bosses Forced to Refund Dues Illegally Seized from Nonmember Hotel Workers

Federal settlement also requires union officials to post notice informing employees of their workplace rights

Honolulu, Hawaii (December 15, 2009) – With free legal assistance from the National Right to Work Foundation, two Honolulu hotel employees have obtained a federally-mandated settlement from union officials with UNITE HERE! Local 5 and its national affiliate.

Brenda Lee Orr, a nonunion employee of Turtle Bay Resort, and Grant Suzuki, a nonunion employee of Hilton Hawaiian Beach Resort and Spa, filed federal charges against UNITE HERE! Local 5 last year, accusing union officials of illegally forcing nonunion employees to pay dues for activities unrelated to workplace bargaining. Suzuki also alleged that union officials failed to provide him with a federally-mandated breakdown of all union expenditures.

Because Hawaii does not have a Right to Work law, union officials can require nonmember employees to pay certain dues. However, the Foundation-won Supreme Court precedent Communication Workers v. Beck holds that nonunion workers may not be charged for activities unrelated to collective bargaining. The Foundation-won Supreme Court decision Chicago Teachers Union v. Hudson also requires union officials to provide nonmember employees with an audited financial breakdown of union expenditures.

Following a preliminary investigation of the charges by the National Labor Relations Board (NLRB), union officials agreed to a settlement that refunds all dues unrelated to workplace bargaining taken from Orr and Suzuki since April 1, 2007. The settlement also requires union officials to post workplace notices informing workers of their rights to obtain an audit of union expenditures and to opt-out of certain union dues.

Foundation attorneys estimate that union officials must now return approximately 60% of all dues collected from Orr and Suzuki under the agreement.

“After a lengthy legal battle, Brenda Lee Orr and Grant Suzuki have finally reclaimed a significant portion of their hard-earned salaries from these scofflaw union bosses,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Unfortunately, many Hawaiian workers are still unaware of their rights, so union officials will continue to collect more forced dues dollars from unwilling employees. Ultimately, making dues payment strictly voluntary through passage of a Right to Work law is the best way to end these abuses.”

Michigan Worker Asks U.S. Supreme Court to Halt UAW Policy of Religious Discrimination

Right to Work attorneys challenge union officials’ violation of worker’s civil rights

Washington, DC (December 15, 2009) – With free legal assistance from the National Right to Work Foundation, a western Michigan auto worker is asking the U.S. Supreme Court today to review a United Auto Workers (UAW) union policy intended to stymie workers’ religious objections to the union bosses’ agenda.

Jeffrey Reed, a resident of Bridgman, Michigan, assembles vehicles for AM General. Because his workplace is unionized, he works under a monopoly bargaining agreement which forces him either to join the UAW or pay compulsory union fees to it in order to keep his job. However, Reed, a devout Catholic, believes financially supporting the UAW union violates his sincerely-held religious beliefs due to the union hierarchy’s support for special rights for homosexuals and abortion-on-demand.

Under Title VII of the Civil Rights Act of 1964, union officials may not force any employee to financially support a union if doing so violates the worker’s sincerely-held religious beliefs. The statute requires union officials to attempt to accommodate the worker – most often by redirecting the mandatory union fees to a mutually agreed upon charity – to avoid the conflict between an employee’s faith and a requirement to pay fees to a union he or she believes to be immoral.

However, because Reed is refraining from full dues paying union membership based on his faith, UAW union bosses forced him to pay a $100 premium and continue to pay 22 percent more than the amount workers who object on non-religious grounds must pay. Both full UAW members and secular objectors are allowed to pay an amount less than full dues if they wish to cut off the use of their union dues for political activities.

In 2006, the Equal Employment Opportunity Commission determined UAW officials violated federal law and issued Reed a “right to sue” letter, but the union hierarchy still refused to grant him a proper accommodation. Foundation litigators then filed a federal lawsuit in U.S. District Court for the Eastern District of Michigan and later appealed an unfavorable trial court decision to the U.S. Court of Appeals for the Sixth Circuit.

Foundation attorneys filed a petition for a writ of certiorari asking the Supreme Court to overturn the lower courts’ decisions which require Reed to be discharged or disciplined before he can challenge the UAW’s practice of forcing religious objectors to pay more than the forced dues paid by nonmembers who refrain from union membership for purely secular reasons. Foundation attorneys also point out in their brief that the nation’s federal circuit courts are equally divided on the issue.

“By maintaining a discriminatory policy, the UAW hierarchy appears to have little regard for those who have deep moral objections to the union and its objectionable activities,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Employees should not have to take legal action for union officials to respect their fundamental right to religious freedom.”

Public Sector Union Bosses Force Unwilling Workers to Join Union, Pay Full Dues

Union officials misled, discriminated against nonunion employees

Hudson, OH (December 8, 2009) – With free legal assistance from the National Right to Work Foundation, a local worker has filed federal unfair labor practice charges against the Ohio Association of Public School Employees (OAPSE) Local 791 union. The charges allege that union officials intentionally discriminated against nonunion employees and failed to inform workers of their right to refrain from union membership.

Janet Barlow is a driver employed at First Student, whose contract with OAPSE gives union officials monopoly bargaining privileges in her workplace. Barlow alleges that union officials failed to notify employees of their rights to opt-out of union membership and the payment of full union dues.

Although workers can be forced to pay certain union dues as a condition of employment, full union membership is strictly voluntary. Moreover, the Foundation-won Supreme Court precedent Communication Workers v. Beck holds that nonunion workers cannot be forced to pay dues earmarked for union activities unrelated to workplace bargaining, including member-only events and political lobbying.

OAPSE officials are also charged with intentionally discriminating against nonunion workers by circulating a notice stating that full union members do not have to pay dues until September 1, 2010, but nonmember employees must begin payments immediately. As a result of this threat, many employees joined the union who otherwise would not have.

Barlow’s charges seek an end to these discriminatory practices and the return of illegally-seized dues. Her allegations will now be investigated by the National Labor Relations Board (NLRB).

Barlow has also filed a formal deauthorization petition with the NLRB to remove the unpopular forced dues clause from the union’s contract.

“OAPSE bosses are forcing workers to pay union dues and using discriminatory practices to shove unwilling employees into union ranks,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Although we hope to help Janet Barlow and her coworkers rectify these injustices, the best way to prevent further abuse of this nature would be for Ohio to pass a Right to Work law, making union membership and dues payment strictly voluntary.”

Federal Judge Upholds Injunction Against Teamster Union Bosses for Illegal Dues Scheme

Union officials failed to provide Pennsylvania Turnpike employees with an adequate breakdown of expenditures

Pittsburgh, PA (December 8, 2009) – A judge for the United States District Court for the Western District of Pennsylvania ruled in favor of seven Pennsylvania Turnpike Commission (PTC) employees, maintaining a permanent injunction against the Teamsters union and PTC for seizing forced union dues in violation of the employees’ constitutional rights.

With free legal aid from staff attorneys at the National Right to Work Foundation, the seven Turnpike workers filed a federal lawsuit in 2007 against Teamsters Local 250, the International Brotherhood of Teamsters (IBT), and the PTC. Exercising monopoly bargaining power over PTC employees, Local 250 officials may collect forced union dues from nonmembers – but only for expenses which union officials can prove are spent on collective bargaining.

Last year, the District Court levied a permanent injunction against Local 250 from seizing forced dues from nonmembers until it complies with the due-process and adequate disclosure requirements in the Chicago Teachers Union v. Hudson and Lehnert v. Ferris Faculty Association line of U.S. Supreme Court cases. Charges must be verified by an independent auditor, and workers must have the opportunity to challenge the fee’s basis.

Union officials asked U.S. District Court Judge Nora Barry Fischer to lift the injunction, but Fischer found that the union still had not complied with all of the constitutional requirements under Hudson and Lehnert. Specifically, Fischer held that the union’s audit contained overly broad language concerning organizing, lobbying, and membership activities. Fischer also singled out Local 250’s charges to nonmembers for "professional fees," including 100 percent of all legal expenses – meaning that union bosses were attempting to charge nonmembers the cost of defending its illegal actions against them.

"Pennsylvania should adopt a Right to Work law so independent-minded employees do not have to jump through legal hoop after legal hoop just to find out what they are being charged for," said Stefan Gleason, vice president of the National Right to Work Foundation. "In the absence of such a protection, union bosses will continue to try to abuse employees’ rights in their lust for more money and power."