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.

Boeing Employees Hit Machinist Union with Charge for Discriminating against Workers in Right to Work States

Union bosses abuse process to force Boeing to locate production in state without a Right to Work law

Washington, DC (December 28, 2011) – Three Charleston-area Boeing company (NYSE: BA) employees filed a federal retaliation charge against the Washington State union behind the National Labor Relations Board’s (NLRB) high-profile case against Boeing for building a new facility in South Carolina.

The Charleston-area Boeing employees filed the unfair labor practice charge with the NLRB Wednesday with free legal assistance from the National Right to Work Foundation.

The charge comes in the wake of the recent announcement of a backroom deal cut between IAM, its Local 751 union, and Boeing officials which led to the end of the NLRB's case. The Charleston Boeing employees, who were granted intervenor status in the case by the NLRB in Washington, D.C., were denied participation in the hearing concluding the case.

The charge spells out how IAM union bosses abused the NLRB's adjudicative process to bully Boeing into locating production of the company's 737 Max and future airplane production in Washington State, which does not have a Right to Work law. The IAM union bosses' accusations against Boeing had a chilling effect on Boeing and other companies, deterring them from locating work in South Carolina and other Right to Work states where workers can not be forced to join or pay fees to a union as a job condition.

The charge also details how IAM union bosses retaliated against the Charleston workers after the workers at the Boeing Dreamliner plant expelled the IAM from their workplace before the production line was located there. One of the employees filing the charge led the effort to remove the International Association of Machinists (IAM) union from the Charleston plant.

The charge points out that if the IAM union hierarchy still had a presence in the South Carolina plant, then the South Carolina workers' jobs would not have been at risk. Even NLRB Acting General Counsel Lafe Solomon – who issued the NLRB's complaint against Boeing – admitted in Congressional testimony that it was inconceivable that IAM union officials would have pursued charges against Boeing if workers had not removed the union from their workplace.

"Workers should be free to choose whether or not to affiliate with a union and not have to worry about their jobs as a result," said Mark Mix, President of National Right to Work. "The IAM union bosses' dangerous abuse of federal labor law, which is supposedly intended to protect the rights of individual workers, has set a devastating precedent to discourage job providers from locating work in states with Right to Work laws on the books – the very states luring job providers and independent-minded workers alike."

Meanwhile, Foundation attorneys have sent a letter to the NLRB's Chief Administrative Law Judge (ALJ) asking him to investigate the conduct of the ALJ overseeing the NLRB's case against Boeing in allowing the backroom deal cut between company and union officials to serve as the basis for the case’s dismissal.

Auto Parts Manufacturing Workers Force Out Unwanted Union

Workers leave union en masse, forcing union to back out of monopoly control

Long Island, NY (November 9, 2011) – A group of automobile parts manufacturing workers have forced out an unwanted union despite the union and the company trying to keep the workers under union control.

With free legal aid from the National Right to Work Foundation, Sterling Instruments, Inc. worker Charlie Shannon filed unfair labor practice charges for himself and his coworkers against the International Union of Electronic, Electrical, Salaried, Machine, and Furniture Workers-Communications Workers of America (IUE-CWA) Local 463 union. He also filed a decertification petition to force out the union.

In his charges, Shannon asked the National Labor Relations Board (NLRB) to halt an unpopular local union from forcing its representation on him and his colleagues after all but one of them signed a petition to remove the unwanted union from their workplace.

Despite no longer enjoying majority support from the employees, IUE-CWA Local 463 union officials unlawfully continued to negotiate a new monopoly bargaining agreement with Sterling Instruments.

IUE-CWA union and company officials even went so far as to sign a one-page document that simply stated the workers were getting two percent pay raises for the next three years, then claimed the new agreement invalidated the employees' decertification petition even though 22 of the 23 employees covered in the union monopoly agreement had resigned their union membership.

After investigating Shannon's initial charges, the NLRB regional office in Brooklyn indicated that IUE-CWA Local 463 union officials illegally collected forced union dues payments from the workers because the contract's forced-dues clause with the company was not valid. The union then announced it no longer claimed to represent the employees. The workers are now seeking a refund of the dues illegally seized from their paychecks, plus interest.

"This case is an example of how federal labor law works against workers who want nothing to do with a union," said Mark Mix, President of National Right to Work. "These employees, and all American workers, should be free to negotiate their own terms and conditions of employment, and be rewarded on their individual merit, if they so choose."

"These courageous workers have successfully stood up against the old-school style of mafia-like forced unionism, but thousands more workers in the Empire State are forced to pay dues and accept the so-called representation of an unwanted union," added Mix. "Instances like these prove that New York desperately needs Right to Work protections for its workers."

Auto Parts Manufacturing Workers Seek to Disassemble Unpopular Union Boss Bargaining Powers

Labor board investigation throws wrench into case, finds union contract with company illegal

Long Island, NY (November 1, 2011) – A Levittown automobile parts manufacturing worker is asking the National Labor Relations Board (NLRB) to halt an unpopular local union from forcing its representation on him and his colleagues.

With free legal assistance from the National Right to Work Foundation, Charlie Shannon filed unfair labor practice charges for himself and his coworkers against the International Union of Electronic, Electrical, Salaried, Machine, and Furniture Workers-Communications Workers of America (IUE-CWA) Local 463 union.

IUE-CWA Local 463 union officials no longer enjoy majority support from the employees after a majority of them signed a petition to remove the unwanted union from their workplace. However, union officials unlawfully continue to negotiate a new monopoly bargaining agreement with the employer, Sterling Instruments, Inc.

After investigating the matter, the NLRB regional office in Brooklyn found that IUE-CWA Local 463 union officials were illegally demanding forced union dues payments from the workers because the contract's forced-dues clause with the company was not valid. Additionally, union officials never informed workers of their National Right to Work Foundation-won rights to refrain from full-dues-paying union membership and from paying for union boss political activities or member-only events.

The workers are seeking a refund of the dues illegally seized from their paychecks, plus interest.

Despite the charges, union bosses remain deaf to the happenings on the ground level and are threatening to call a strike against the company, even though numerous employees have already resigned their union membership.

"These workers have made it clear: They want nothing to do with the union," said Mark Mix, President of National Right to Work. "These employees, and all American workers, should be free to negotiate their own terms and conditions of employment, and be rewarded on their individual merit, if they so choose."

"Union bosses will stop at nothing for forced union dues, including exercising illegal bargaining powers over the workers," added Mix. "It's cases like these that prove that New York desperately needs Right to Work protections for its workers."

Obama Labor Board Kills Important Secret Ballot Precedent

Worker advocate denounces NLRB’s ruling to take away protection workers have against card check forced unionism

Washington, DC (August 30, 2011) – Today, Barack Obama's National Labor Relations Board (NLRB) overturned its Dana Corp. decision, in which National Right to Work Foundation attorneys secured for employees the right to challenge union card check organizing campaigns with a secret ballot vote.

Under the Foundation-won Dana decision, workers may collect signatures to request a secret ballot election during a 45-day window period following notice that their employer has recognized a union based on a card check organizing drive. The ruling is intended to counteract coercive practices frequently associated with card check, which allow organizers to bully or mislead employees into signing cards that count as "votes" toward unionization.

The NLRB overturned Dana just as President Obama-appointed NLRB Chairwoman Wilma Liebman's term expired. Meanwhile, Obama-appointed Board Member Craig Becker, who co-authored a union brief in the original Dana case, refused to recuse himself from the case. Becker, a recess nominee, faces bi-partisan opposition to his confirmation in the U.S. Senate. One Board Member, Bryan Hayes, vigorously dissented and called the ruling a blatant roll back of employee freedom.

Any decertification votes that have been cast but not counted by the NLRB will now be discounted, thereby invalidating the voice of thousands of workers nationwide.

The National Right to Work Legal Defense Foundation is a charitable organization that provides free legal assistance to employees nationwide. The Foundation is providing free legal aid in both the original Dana case and in the newly-decided Lamons Gasket case in which the Board overturned the Dana protections. Mark Mix, President of the National Right to Work Foundation made the following statement regarding the ruling:

"The Obama Labor Board's ruling to kill the Dana Corp. precedent that allows workers a secret ballot vote to kick out a union that gained control of the workplace in an abusive 'card check' campaign adds to an already exhaustive list of paybacks from the Obama Administration to Big Labor.

"Big Labor and its allies have launched a full-scale assault on worker freedom and the Obama Administration is working tirelessly to appease them through bureaucratic means after they failed in Congress. The American people and their elected representatives in Congress oppose the Card Check Forced Unionism bill, but the Obama Labor Board seems determined to impose card check on American workers in every way it can.

"Taken with the NLRB's other recent actions, the Obama Administration has made it easier for union operatives to steamroll over workers while making it next to impossible for independent-minded workers to stand up for their rights or decertify the union hierarchy.

"While the secret ballot provides at least a limited protection to ensure that union recognition enjoys the uncoerced support of a majority of employees, no worker should ever be compelled to join or pay dues to a union, or accept the union's so-called representation, to get or keep a job."

Tyson Foods Worker Slaps Union with Federal Charges for Threats and Intimidation

Wisconsin needs full Right to Work law to protect workers from forced unionism abuses

Jefferson, Wisconsin (August 25, 2011) – A meat processing worker has filed federal charges against a local union and Tyson Foods, Inc. officials after union officials illegally threatened to retaliate against him for exercising his rights.

With free legal assistance from the National Right to Work Foundation, Tyson employee Gregory Langron of Janesville filed the charges with the National Labor Relations Board (NLRB) last week.

United Food & Commercial Workers (UFCW) Local 538 union officials enjoy monopoly bargaining privileges over Tyson Foods employees in the Jefferson plant. Langron recently exercised his right under National Right to Work Foundation-won Supreme Court precedent in Communication Workers v. Beck to refrain from full-dues-paying union membership.

However, because Wisconsin does not have a Right to Work law, most workers who refrain from formal union membership can still be forced to pay a part of union dues as a condition of employment, but cannot be compelled to pay the portion used for the union's political, lobbying, and member-only activities.

UFCW Local 538 union officials recently threatened to prosecute Langron with internal union kangaroo court proceedings for allegedly initiating a petition to remove the union hierarchy from the workplace. Union officials also illegally told Langron that they would not represent him despite the fact that he is forced to pay union dues and accept UFCW union boss "representation" because Wisconsin lacks a Right to Work law for private sector workers.

Moreover, local Tyson Foods management faces charges after company supervisors ordered Langron to remove a sticker from his lunchbox representing his feelings about the abusive UFCW hierarchy.

"UFCW union officials are not only forcing workers to financially associate with their union, they are threatening independent-minded workers with kangaroo court sanctions for exercising their rights," said Patrick Semmens, National Right to Work Foundation legal information director. "Wisconsin desperately need a Right to Work law to protect all employees from the very union bosses that claim to care about workers' rights but clearly don't."

Under the recently-enacted union reform bill backed by Governor Scott Walker most public employees now enjoy the Right to Work protections that make union membership and dues payment strictly voluntary. However, private sector employees in Wisconsin currently do not enjoy such protections, meaning union bosses can order a worker fired for refusing to pay union dues.

Polls consistently show that 8 in 10 Americans support the Right to Work principle, that no worker should be compelled to join a union or pay union dues to get or keep a job. Twenty-two states have already passed Right to Work protections for their workers.

Worker Advocate Challenges Obama Labor Board Pro-Union Boss Election Rule Change

New rule would allow union bosses ambush workers into forced-dues-paying union ranks

Washington, DC (August 18, 2011) – The National Right to Work Foundation – the nation’s premier advocate for workers who suffer from the abuses of compulsory unionism – filed formal comments today with the National Labor Relations Board (NLRB) opposing the Board’s proposed new guidelines which will help give union organizers the upper hand over independent-minded employees.

In late June, the NLRB proposed new rules dictating how union organizing elections are conducted. The new rules dramatically shorten the time frame individual workers have to share truthful information with their coworkers about the effects of unionization.

Moreover, the rules require job providers to disclose the personal information of workers (including their home address, phone number, email address, and shift information), thus opening up dissenting or undecided employees to intimidation, harassment, or worse.

The new rules also create a loophole which allows union organizers to claim they have support of 30 percent of employees in the workplace, the minimum number required to initiate an election, despite a dispute regarding the size of the bargaining unit in question. Then, union organizers who fear that they do not have enough support to win an election could withdraw their request for an election and use the newly-gotten personal information in later attempts to unionize the employees.

Foundation staff attorneys argue in the formal comments that ambush union organizing elections encourage forced unionization of workers who might otherwise be opposed to unionization, and that the rule requiring job providers to hand over the employees' personal information to union bosses is a violation of workers' privacy.

"The forced unionism bias is clear: The Obama NLRB is determined to make union organizing campaigns as one-sided as possible and to stifle the rights of employees who may oppose bringing a union into their workplace" said Mark Mix, President of National Right to Work. "Although a secret ballot election can’t prevent the fundamental violation of individual rights that occurs under union boss monopoly bargaining, at the very least one is needed that gives workers enough time to educate their coworkers on the downsides of unionization after months or even years of union organizing and propaganda."

"Rather than adopting this proposal, the NLRB should encourage the rights of independent-minded employees to thoughtfully determine their own fates in the workplace without being placed in greater danger of harassment or intimidation at the hands of aggressive union organizers," added Mix.

South Carolina Boeing Employee Hits Machinist Union with Federal Charge for Illegal Retaliation

Machinist union bosses expelled from workplace trying to eliminate workers’ jobs in retaliation

Washington, DC (June 15, 2011) – A Charleston-area Boeing Company (NYSE: BA) employee has filed a federal unfair labor practice charge against the union behind the National Labor Relations Board's (NLRB) high-profile case against Boeing. The employee filed the charge with the NLRB regional office in Winston-Salem, North Carolina on Wednesday with free legal assistance from the National Right to Work Foundation.

The charge is in response to the International Association of Machinists (IAM) union and its Local 751 abusing federal labor policy – which is supposedly intended to help workers protect their rights – to bully Boeing for locating a new production line for 787 Dreamliner airplanes in South Carolina, partly because South Carolina is a Right to Work state.

The charge spells out how IAM union bosses are retaliating against the South Carolina employees by abusing the legal process to attempt to eliminate the jobs of over 1,000 Boeing employees in the Charleston area after the workers at the Dreamliner plant expelled the IAM from their workplace before the production line was located there.

The IAM Local 751 union's charges – which spurred NLRB Acting General Counsel Lafe Solomon to file a complaint against Boeing – would eliminate over 1,000 existing jobs in South Carolina if successful, not to mention several thousand more jobs that would be created once the Boeing plant reaches full production capacity.

The workers in Boeing's South Carolina plant booted IAM union bosses from their plant to help attract the Dreamliner production, as the workers did not want union bosses interfering with their job prospects. The charge against the union points out that if the IAM union hierarchy still had a presence in the South Carolina plant, then the South Carolina workers' jobs would not be at risk.

"Workers should be free to choose whether or not to affiliate with a union and not have to worry about their jobs as a result," said Mark Mix, President of National Right to Work. "National Right to Work is proud to stand with the courageous employees as they fight to save their jobs and prevent the devastating effects the IAM union bosses’ and the NLRB's actions will have on their community and workers across the country."

National Right to Work Foundation attorneys filed the charge for Boeing employee Dennis Murray, who led the effort to remove the union from the Charleston plant. Foundation attorneys also represent Murray; Cynthia Ramaker, the former president of the IAM local union which was removed from the plant; and employee Meredith Going, Sr. with a motion to intervene in the NLRB's case against Boeing. The employees' motion is currently pending appeal with the NLRB in Washington, D.C.

For more information, visit http://www.nrtw.org/boeing.

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).

Pasco Tyson Plant Workers Force Secret Ballot Vote to Remove Unwanted Union from Workplace

Union bosses conspired to block employee vote after cutting backroom deal

Wallula, WA (November 16, 2010) – After receiving free legal assistance from the National Right to Work Foundation, a group of Wallula-based Tyson Foods Inc. employees prevailed in a protracted legal battle to have a secret ballot vote to remove a local union from their workplace.

Last year, Tyson (NYSE: TSN) recognized the United Food and Commercial Workers (UFCW) Local 1439 union as the employees’ monopoly bargaining agent after a controversial “card check” union organizing campaign. Union officials then gave employees only 24 hours to vote on whether or not to ratify the union’s contract with the company. They also required employees to sign union dues deduction authorizations in order to vote – discouraging many employees from voting. Only 61 of the facility’s 1,177 employees actually voted.

In response, a group of independent-minded employees attempted to file a decertification petition with the National Labor Relations Board (NLRB) seeking a secret ballot election to determine the fate of their bargaining status. Tyson company officials reprimanded the employees and confiscated the employees’ petition. Another group of employees then successfully filed a second petition with the NLRB to obtain a vote.

The workers relied on the Board’s 2007 Dana Corporation decision in which Foundation attorneys won new rights for employees intended to counteract the intimidation and harassment waged by aggressive union operatives that frequently occurs during union organizing campaigns, most often as a result of “card check.”

Dana allows workers to demand a secret ballot election to toss out union officials from their workplace within 45 days after an employer notifies employees that it has recognized a monopoly bargaining agent without a secret ballot vote. This check gives workers some ability to stop union organizers from gaining monopoly control over a workplace.

UFCW union lawyers challenged the employees’ petition, arguing that the union’s new contract with the company barred an employee election to remove the union. However, the NLRB Regional Director in Seattle ruled last week that the employer and union officials failed to post notices as required by Dana informing the employees of their right to a secret ballot election. He therefore upheld the validity of the employees’ petition for a secret ballot vote.

The Regional Director also rejected the union’s argument that, because Dana is being challenged by union lawyers in five other cases across the country, its precedent should not be followed. The very Foundation attorneys who originally won the landmark Dana case are providing free legal aid to employees seeking to protect their Dana rights in two of those cases before the NLRB.

“The NLRB should allow employees the right to defend themselves from union organizing abuses including collusion between union and company officials and aggressive ‘card check’ campaigns,” said Patrick Semmens, legal information director of the National Right to Work Foundation. “A secret ballot election gives workers at least a fighting chance to prevent union bosses from springing their unwanted ‘representation’ on unsuspecting or vulnerable workers.”