Hotel Officials, Union Bosses Hit With Multiple Federal Labor Board Charges for Abusive Organizing Tactics

Union organizers verbally abuse Marriott employees and spy on workers in changing rooms after striking backroom deal with company officials

New York, NY (January 19, 2012) – A group of New York City Marriott (NYSE: MAR) employees – acting on behalf of their coworkers – have filed federal charges against the company and a local union for workplace intimidation and harassment.

The three SoHo Marriott employees filed the charges at the National Labor Relations Board (NLRB) with free legal assistance from National Right to Work Foundation attorneys.

New York Hotel & Motel Trades Council Local 6 union organizers entered into a backroom deal with company officials that allows union organizers unfettered access to the employees in order to install a union in the workplace.

Abusing this privilege, union organizers are attempting to browbeat the workers into supporting the union through a prolonged campaign of intimidation and harassment.  Meanwhile, company officials deny workers’ attempts to meet on company grounds.

Union officials have used video cameras in employee changing rooms, accessed employee lockers and handled employees’ personal possessions, and have even resorted to verbal abuse.  Union officials even took photographs of a female employee without her consent while she was changing her uniform in an employee changing room. (more…)

From the National Right to Work Legal Defense Foundation:

Worker Rights Advocate Blasts Obama’s Unprecedented Recess Appointments to the NLRB

The President’s legally dubious NLRB recess appointments pave the way for another year of forced-unionism giveaways

Washington, DC (January 4, 2012) – Mark Mix, President of the National Right to Work Legal Defense Foundation, issued the following statement in response to President Obama’s unprecedented NLRB recess appointments:

“Obama’s recess appointments to the NLRB, despite there being no formal recess of Congress, show just how much this Administration is in the pocket of Big Labor. In the last two years the Obama Labor Board has repeatedly enacted one power grab after another on behalf of union bosses, to the detriment of the rights of individual employees – especially those who wish to refrain from union activities. The President’s legally dubious NLRB recess appointments pave the way for another year of forced-unionism giveaways.

“Union bosses know their coercive agenda is overwhelmingly unpopular with the American people, which is why they’ve turned to unelected administrative agencies like the NLRB to push through much of what they cannot get through Congress. That’s what makes these appointments all the more offensive in the face of Congress affirmatively taking action to block recess nominations.”

National Right to Work Foundation staff attorneys are already exploring possible legal challenges to these unprecedented recess appointments in defiance of Congress.

NRTW Attorneys Win Victory Against ‘Army Wives’ Teamsters

Union policies prevented nonunion employees from finding work on ABC’s Army Wives television show

From The National Right To Work Legal Defense Foundation:

Washington, DC (December 19, 2011) – The National Labor Relations Board (NLRB), the federal agency charged with administering most private sector labor law, has upheld an Administrative Law Judge’s decision awarding over $55,000 in back pay to a television employee who was discriminated against by Teamster officials. The Board’s ruling stems from unfair labor practice charges filed by Thomas Coghill, an ABC driver who received free legal assistance from National Right to Work Foundation staff attorneys.

Teamster Local 509 union officials are party to a monopoly bargaining agreement with ABC in Charleston, South Carolina that forces workers to go through the union’s hiring hall to get a job with the studio. Because Local 509 union members were working on other sets when production of Army Wives started, Thomas Coghill – a member of a different Teamster local – was hired as a makeup driver during the show’s first two seasons.

As more Local 509 members became available to work on Army Wives, a dispute arose among various Teamster officials over who should be eligible to work on the program. Coghill was eventually removed from Local 509’s “Movie Referral List” because he did not belong to Local 509 while its members continued to receive preferential access to jobs on the set of Army Wives.

Coghill responded to Local 509’s biased hiring procedure by filing unfair labor practice charges against the union on the grounds that federal labor law prohibits union officials from discriminating against nonunion employees. National Right to Work Foundation staff attorneys subsequently persuaded an Administrative Law Judge to award Coghill over $55,000 in back pay. Union lawyers unsuccessfully appealed the ruling to the NLRB, which has now affirmed the judge’s decision in its entirety. (more…)

Courthouse Victory for Workers

Another worker is protected from big labor coercion, thanks to your support and the lawyers at the National Right to Work Foundation:

A Coca-Cola employee who was fired for refusing to pay union dues has won a settlement of $4,175, the National Right to Work Foundation (NRWF) recently announced.

The employee worked in the company’s Houston, PA facility for several years without joining a union or paying union dues. Early in 2011, officials from the Teamsters Local 585 union ordered the worker to immediately pay full union dues for the previous 3 years along with additional union initiation fees, despite the fact that he had never been informed that the union represented him.

According to NRWF, when the employee refused to pay, union officials demanded that Coca-Cola fire him and the company complied. The employee filed a lawsuit against the union and the company with the National Labor Relations Board (NLRB) regional office in Pittsburgh.

As part of the settlement, the employee was awarded $3,356 from the union and $819 from Coca-Cola. He was also reinstated to his job with Coca-Cola.

“No worker should ever be extorted by union bosses to join or pay dues to a union in order to get or keep a job,” said Mark Mix, NRWF president. “Pennsylvania desperately needs right to work protections for its workers to strip from union bosses the power to compel workers to give up some of their hard-earned money in order to provide for their families.”

Critical Right to Work Case Could Head to Supreme Court

National Right to Work Foundation attorneys filed the initial brief with the United States Supreme Court, which is reviewing a Ninth Circuit Court of Appeals ruling that forced nonunion California state employees to fund union officials’ political activism.

Foundation attorneys, who are litigating the case, filed the brief Monday for the eight California civil servants who initiated a class-action lawsuit against the California State Employee Association (CSEA) union, an affiliate of the Service Employees International Union (SEIU).

In 2005, CSEA union officials imposed a “special assessment” to raise money from all represented state employees for a union political fund, regardless of their membership status. The political fund was used to defeat several ballot proposals, including one that revoked public employee unions’ special privilege of using forced fees for political contributions unless an employee consents. Employees who refrained from union membership were given no chance to opt out of the CSEA union’s political fund.

Under the Right to Work Foundation-won Supreme Court decision Teachers Local 1 v. Hudson, public employees forced to pay union dues as a condition of employment must be notified of which part of their dues are spent on union activities unrelated to collective bargaining and be given an opportunity to opt out of paying for members-only events and union boss political activism.

In 2007, a federal district court ruled that the CSEA was required to provide a notice to nonunion employees about the assessment, allow them to opt-out of paying into the union political fund, provide a refund of monies spent on union-boss politics, and pay interest from the dates of the deductions to nonmembers who chose to opt out.

After CSEA union lawyers appealed the case, a Ninth Circuit panel reversed that decision in December 2010. On June 27, 2011, the United States Supreme Court announced it would review the Ninth Circuit’s ruling.

“Allowing the Ninth Circuit’s ruling to stand would further undermine state employees’ First Amendment rights and encourage union bosses to extract more forced dues from nonunion workers as a condition of employment,” stated Mark Mix, President of the National Right to Work Foundation. “It is unconscionable for a court to force employees who want nothing to do with the union or its so-called ‘representation’ to subsidize union political activities.”

Posted in: Court Cases, NRTWLDF

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From the National Right To Legal Defense Foundation who represented the employees at Lamons Gasket and who secured the “Dana Rights” for employees against Card Check Forced Unionism until the Obama NLRB took them away with this decision:

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. (more…)

NLRB Reverses Let’s Employees Speak, well sort of

From the National Right To Work Legal Defense Foundation:

Worker Advocate Blasts Labor Board Ruling to Allow Charleston Workers Minimal Say in Boeing Case 

Big Labor watchdog slams ruling as insufficient; ploy to quietly sweep workers’ stories under the rug

Washington, DC (June 20, 2011) – The National Labor Relations Board (NLRB) in Washington, D.C. has ruled three Charleston-area Boeing Company (NYSE: BA) employees are allowed to intervene, albeit minimally, in the NLRB’s high-profile case against Boeing.

With free legal assistance from the National Right to Work Foundation, North Charleston Boeing employees Dennis Murray, Cynthia Ramaker, and Meredith Going, Sr. filed a motion earlier this month to intervene in the NLRB’s unprecedented case targeting the company for locating production of some of its 787 Dreamliner airplanes in South Carolina, in part due to its popular Right to Work law.

An NLRB Administrative Law Judge in San Francisco denied the workers’ request and the workers were forced to file an emergency appeal with the national Board in Washington, D.C. The Board in D.C. has ruled that the employees can only file a brief in the case once the hearings, occurring in Seattle, Washington, are concluded. (more…)

The National Right To Work Legal Defense News Release (5/24/2011):

Union Member Seeks to Block Obama Labor Department’s Efforts to Roll Back Union Disclosure Rules

Department guts disclosure rule that has exposed numerous corrupt union boss schemes and let rank-and-file members know how dues are spent

Washington, DC (May 23, 2011) – With free legal aid from the National Right to Work Legal Defense Foundation, a Maryland county government employee is asking a federal court to stop the Obama Administration from allowing union bosses to conceal lavish and corrupt union expenditures from workers.

Chris Mosquera, a member of a Municipal County Government Employee Local of the United Food and Commercial Worker (UFCW) union, filed the lawsuit against Secretary of Labor Hilda Solis in the U.S. District Court for the District of Columbia for rescinding a union boss disclosure rule which would make it less difficult for workers to hold union officials accountable.

Unions covered by the Labor Management Reporting and Disclosure Act (LMRDA) with total annual receipts of $250,000 or more are currently required to submit annual financial statements to the U.S. Department of Labor. LM-2 forms are the public disclosure documents for these larger unions and are available online on the U.S. Department of Labor’s (DOL) website.

These forms have helped workers and citizen activists expose many unscrupulous union boss schemes, including lavish benefits to high-ranking union officials and loyalists, superfluous spending on union boss transportation (including private jets), and shady political spending (such as the Service Employees International Union bosses’ links to the disgraced political organization ACORN).

Mosquera seeks to intervene for the millions of workers who are forced by federal mandate to accept union boss “representation” and pay union dues or fees to a union in order to get or keep their jobs.

The lawsuit alleges that Solis exceeded her power as Secretary of Labor by repealing a January 2009 LM-2 Final Rule because the rule put a “burden” on union officials to report their expenditures to the public. However, under federal law, Solis cannot use “burden” as a justification for rescission of a rule. Solis further overstepped her legal authority by singlehandedly creating a new rule that allows union bosses to more easily evade and circumvent the LMRDA. (more…)