WVU Hospital Employee Files Federal Charge after Union Ignores Her Rights

West Virginia’s workers desperately need Right to Work protections

Morgantown, WV (November 23, 2011) – With aid from the National Right to Work Foundation, a West Virginia University Hospital employee has filed a second federal charge against a local union for refusing to honor her resignation from formal union membership, forcing her to pay full union dues against her will, and failing to provide the legally-required disclosure of how her forced dues are being spent.

Kimberly Wright initially resigned formal union membership from the Laborers' International Union of North America (LIUNA) Local 814 in December 2010. Wright exercised her rights under the Foundation-won U.S. Supreme Court precedent in Communication Workers v. Beck, which allows workers to refrain from full-dues-paying union membership.

For months following, LIUNA Local 814 union officials continued to extract full union dues from her paycheck, forcing her to file a charge with the National Labor Relations Board (NLRB) with free legal assistance from Foundation attorneys. The Board then settled the case with union lawyers.

Despite the settlement, LIUNA Local 814 union officials continue to collect full union dues from her paycheck.

Read the entire release here.

Group Home Workers Force SEIU Bosses into Forced Union Dues Refund

Right to Work Foundation attorneys continue to challenge illegal union membership “opt-out” policy

Princeton, WV (May 18, 2010) – Service Employees International Union (SEIU) District 1199 union officials have agreed to a statewide settlement after six ResCare group home employees filed several unfair labor practice charges against them.

The employees, with free legal assistance from the National Right to Work Foundation, challenged the SEIU District 1199 union’s forced dues policy, which violated Foundation-won employee rights upheld by the U.S. Supreme Court in its landmark decision in Communication Workers of America v. Beck (1988).

In Beck, the Court held that union officials cannot lawfully compel nonmembers to pay the part of union dues spent for non-bargaining union boss activities like political activism, lobbying, and member-only events. The employees also challenged the SEIU union officials’ practice of requiring employees to object to paying full union dues multiple times in order to exercise their rights under Beck.

Under the settlement, SEIU District 1199 union bosses will mail notices to all ResCare employees in West Virginia detailing the employees’ rights to object to full-dues-paying union membership. Further, the settlement requires SEIU District 1199 union bosses to allow ResCare employees in Mercer County, who were told by SEIU officials to join or be fired, to retroactively rescind their union membership and to receive refunds of their forced union dues.

Click here to read the whole release.

Labor Board Announces Prosecution of SEIU Union Bosses for Illegal Union Membership Opt-Out Policy

Illegal union procedure forces nursing home workers to pay full union dues

Princeton, WV (April 6, 2010) – The National Labor Relations Board (NLRB) regional office in Winston-Salem, North Carolina has issued a federal complaint against a local union for maintaining an “annual objection” policy designed to force nursing home workers into full union dues payments against their will.

The complaint stems from multiple charges filed by six employees from the Princeton area of West Virginia against the Service Employees International Union (SEIU) District 1199. The employees – Sherry French, Walter Coeburn, Tammy Tyree, Bruce Hoyle, Debra Fitzko, and Deborah Dunn – filed the series of charges with free legal assistance from staff attorneys at the National Right to Work Legal Defense Foundation.

The six employees challenged the SEIU District 1199 hierarchy’s policy which violates Foundation-won precedent in the U.S. Supreme Court decision in Communication Workers of America v. Beck (1988), in which the Court held that union officials can not lawfully compel nonmembers to pay the part of union dues spent for non-bargaining activities like political activism, lobbying, and member-only events. Foundation attorneys are currently challenging many union boss schemes similar to the SEIU District 1199 union bosses’ annual objection policy, often concocted by union brass to burden or thwart employees from exercising their rights under Beck. Five NLRB administrative law judges have held such schemes unlawful.

The full press release is available here.