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Foundation Win Nets $250,000 Refund from Union for Nonunion Workers

Federal labor board charges filed by National Right to Work Foundation staff attorneys has just paid off big for a group of Georgia employees... to the tune of a quarter of a million dollars.

In September of 2005, Foundation staff attorneys filed unfair labor practice charges against the International Longshoreman's Local 1414 union in Savannah, Georgia. The notoriously thuggish longshoremen union bosses had been forcing nonmember employees to pay dues to seek work at a union-controlled hiring hall. This policy violated Georgia's Right to Work law, which holds that workers cannot be forced to pay any dues if they choose not to belong to a union.

In May, an NLRB settlement forced the union to partially reimburse nonmember employees, but until recently it wasn't revealed just how much money the union had previously extorted. According to the latest edition of the NLRB's regional newsletter (pdf), the union had no choice but to refund $250K to nonmember workers that union officials illegally collected.

Unfortunately, the NLRB's settlement only reduced workers' fees but did not end the requirement to pay union dues for use of the union controlled hiring hall. Employees are still challenging the forced fees as a violation of Georgia's Right to Work law.

The Right to Work Legacy of Jesse Helms

Photo from NorthCarolinaHistory.com

 

On July 4, former Senator Jesse Helms passed away in Raleigh, North Carolina at the age of 86. Best known for his tireless conservative advocacy, Senator Helms was a staunch defender of employees' Right to Work and a fierce opponent of compulsory unionism.

Once dubbed "Public Enemy #1" by North Carolina AFL-CIO top boss Wilbur Hobby, Helms' impressive legislative record included several notable accomplishments on behalf of the Right to Work movement. In 1978, his timely filibuster single-handedly de-railed Big Labor's efforts to pass the infamous Pushbutton Unionism Bill (or so-called "Labor Law Reform"), a piece of legislation designed to impose draconian penalties on any employer resisting compulsory unionization. Helms struck another blow against Big Labor in 1995, successfully opposing Senator Ted Kennedy's attempts to pass the Pushbutton Strike Bill.

In the 1990s, Helms actively assisted the National Right to Work Committee's efforts to safeguard employee freedom through passage of the National Right to Work Act. Not only did Helms reintroduce the legislation in 2001, he also wrote letters and recorded messages on behalf of the Committee. Through his efforts, Helms helped mobilize hundreds of thousands of citizens against compulsory unionism.

In 2001, then Foundation President Reed Larson paid Helms the ultimate tribute: "No member of Congress - nobody in the whole United States - has done as much to help [us] advance the Right to Work cause as Jesse Helms."

Misconceptions About Right to Work Laws and Unionization Rates

The Rocky Mountain News had an article this weekend on various proposed ballot initiatives in Colorado. The otherwise informative article concluded with this strange (and unsupported) sentence:

For the most part, states without right-to-work laws have higher levels of union participation, a statistic that some observers attribute to the popularity of unions rather than right-to-work laws.

The idea that the "popularity of unions" accounts for lower rates of union participation in Right to Work states, gets it entirely backwards and fails to understand just what a Right to Work law does.

Right to work laws do nothing to change the process through which a workplace becomes a union shop: a place where union officials have the power to forcibly represent every employee in the bargaining unit). Rather, they simply ensure that once a union is installed, no worker is forced to pay union dues as a condition of keeping or getting a job.

There are at least two ways that these Right to Work protections affect "union participation" rates:

  1. Voluntary Participation. The most obvious reason is that in Right to Work states unions can't force employees to pay dues or be fired. This lets employees decide for themselves if they think the union is worth the dues they are being charged. So it should come as no surprise that when employees are actually given a choice, it drives down union participation.
  2. Big Labor's Bottom Line. A second way in which Right to Work laws lower participation in unions is that they discourage (though not completely) Top Down union organizing. More and more drives for unionization are instigated by outside professional union organizers, as opposed to employee-led demands for unionization. But like the companies they try to organize, union officials are very aware of the bottom line, and they are always looking to maximize their revenue. Since for union bosses revenue means union dues, they realize that by targeting employers in states without Right to Work laws, they can maximize their haul because every worker - not just those who support the union - will be forced to pay up.

So contrary to what "some observers" say, there are at least two ways that protecting employees' freedom to choose impacts union participation rates.

"Informational" Picketing

A new buzz word paid union operatives throw around when they decide to strike against a facility they have absolutely nothing to do with is that they're simply holding an "informational" picket. As in this instance in Tennessee, union officials hold such pickets for pretty much any reason under the sun, but usually for simply being non-union.

This, no doubt, leaves employees forced to foot the bill for this activity scratching their heads. Why are they forced to pay the salaries of paid union professionals to picket facilities that they don't even work at?

Here's some recent "informational picketing" out of Albany, New York:

 

National Right to Work Foundation Launches Online Video Updates

Here's a new video from National Right to Work Legal Defense Foundation President Mark Mix thanking supporters for helping the Foundation fight compulsory unionism online by creating cutting edge video content in its new in-house production studio.


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