24 Oct 2007

The Only Way Out of a Union Pension is to “Quit, be fired, or die”

Posted in Blog

When a company official told Perfecseal, Inc. employee John McHenry and his coworkers that the only way out of a union-controlled pension fund was to “quit, be fired, or die,” they fought back.

With help from Right to Work attorneys the employees forced Teamsters Local 14-M officials to stop requiring the pension fund contributions, though union officials stopped short of returning the pension fund money that John and others already contributed.

Like many employees, John continues to feel intimidated at his workplace. But when one company official said John’s “name was mud” and claimed that “corporate” was “pissed” at him for standing up for his legal rights, John refused to back down.

24 Oct 2007

AFL-CIO Trainee Admits: Right to Work Makes Unions More Accountable to Workers

Posted in Blog

In a paper union officials will undoubtedly ignore, Michael Oswalt, a graduate of the AFL-CIO’s “Law Student Union Summer” program, observed an obvious truth: unions in Right to Work states are more accountable to their members because they have to be.

Citing AFL-CIO founder Samuel Gomper’s own opposition of forced unionism, Oswalt writes that “simple logic” shows that when forced dues are eliminated union officials must be more accountable to the concerns of individual members:

Indeed, simple logic suggests that when dues are guaranteed, attentive member servicing may not be, cultivating a frustrated and apathetic rank and file. The right-to-work environment, alternatively, stands in sharp relief. Where dues are linked to member satisfaction, leadership’s responsiveness embodies a special urgency…

In other words, if Oswalt’s former bosses at the AFL-CIO were really concerned with what is best for rank-and-file workers, they would support a National Right to Work Act.

23 Oct 2007

Meet the National Right to Work Legal Defense Foundation

Posted in Blog

To re-introduce ourselves to readers that are well familiar with the National Right to Work Legal Defense Foundation, and to introduce ourselves to those that are not, we recently produced this video. Be sure to check back at www.nrtw.org and this blog in the months to come for additional video profiles about employees helped by the Foundation.

19 Oct 2007

Video: Union Intimidation in Action

Posted in Blog

As the National Institute for Labor Relations Research documents, every year there are hundreds of incidents of union violence, and countless more go unreported. However, since only a tiny percentage of them end up in arrests or convictions, people often have trouble grasping the scope of the problem.

This video (about a campaign of union violence and intimidation surrounding a strike in Westminster, VA) demonstrates how emotionally damaging such intimidation is to rank-and-file workers who refuse to toe the union line. The retaliation in this case took the form of Godfather-esque bullying. If only union violence was Hollywood fiction.

18 Oct 2007

Musicians Make Hollywood Union Officials Face the Music

Posted in Blog

Film score violinist Sai-Ly Acosta and her fellow musicians fought back last week against an ugly campaign of union intimidation.

After Sai-Ly filed federal charges with help from National Right to Work attorneys, union officials immediately backed off from their threats to have dissenting musicians arrested and the musicians were allowed to rehearse with the orchestra for the time being.

However, other eyewitnesses said that union operatives posted signs throughout the building that read “Full Members Only,” and union operatives have harassed and intimidated the dissenting musicians, calling them “scabs.”

One musician even held there were so many of the signs posted in the building that she was surprised that there wasn’t a separate bathroom for those who exercised their Beck rights.

17 Oct 2007

America’s Employees Deserve Better

Posted in Blog

The Wall Street Journal’s related article about Right to Work attorneys’ victory for employees earlier this month says:

Organized labor, which has long criticized the (National Labor Relations) board under the Bush administration, charges that the recent activity is a partisan push, following several decisions reversing rulings made during the Clinton administration.

You’ve gotta be kidding me. Additionally, the agency has dropped the ball on these Right to Work Foundation-assisted cases.

Finally, the article fails to recognize that the Dana/Metaldyne decision doesn’t even protect the very employees that brought the case! One thing’s for sure, America’s independent-mined employees deserve better than they’ve gotten on the whole from the Bush NLRB.

17 Oct 2007

National Right to Work Foundation Adds Experienced Virginia Attorney to Expert Legal Staff

Posted in News Releases

**Springfield, VA (October 17, 2007)** – The National Right to Work Legal Defense Foundation announced today that it has hired Derek A. Poteet, a member of the Virginia State Bar since 1997 and graduate of the Washington & Lee University School of Law in Lexington, Virginia.

“Derek A. Poteet brings to National Right to Work a real commitment to helping employees fight back against the abuses of compulsory unionism,” said Ray LaJeunesse, vice president and legal director of the National Right to Work Foundation.

As the newest of the Foundation’s eleven staff attorneys, Poteet will help build on the Foundation’s successful litigation record for union-abused workers that includes 13 cases at the United States Supreme Court. In the most recent case, National Right to Work staff attorneys represented 4,000 teachers in the case of Davenport v. WEA, in which the High Court unanimously agreed unions have “no constitutional right” to spend forced dues for politics.

A United States Marine Corps Reservist, Poteet was recently promoted to Major. He was called for active duty in 2005 and served in Iraq through 2006. While abroad, he conducted compliance inspections of U.S. and Iraqi detention facilities throughout Al Anbar province. Currently, he continues to serve as a Judge Advocate for the Marines.

Poteet brings superior discovery and litigation skills to the Foundation’s expert legal staff. As a law clerk for a federal judge, he helped to interpret and apply federal and state laws to specific cases. In serving with the Marines, he has also provided legal assistance to service members and their families.

Before joining the Foundation, Poteet served as an associate attorney at a private law firm, where he defended property rights and advised business clients on employment law. He is experienced in civil and criminal litigation in state and federal courts, and won reinstatement and full back pay for a state employee who was unjustly terminated.

Poteet also holds a Bachelor of Arts degree from the University of Virginia where he double majored in political and social thought as well as foreign affairs.

15 Oct 2007

Mark Mix on Fox and Friends

Posted in TV & Radio

Right to Work President Mark Mix made a national TV appearance on "Fox and Friends" on the Fox News Channel last week. He discussed the so-called "Public Safety Employer-Employee Cooperation Act" with Congressman Joe Sestak (D-PA).

11 Oct 2007

Safeway Employees Win in Montana

Posted in Blog

Jerry Rasmussen and Carla Crandall (along with their coworkers) forced the UFCW Local 4 to sign a settlement after union officials tried to bar them from exercising their legal rights at a Safeway in Polson, Montana.

National Right to Work attorneys helped the two through their battle against illegal termination threats and forced dues seizures after union officials denied their requests to resign from formal membership.

The Associated Press covered the story:

"I got a hold of the (National Right to Work Legal Defense Foundation) attorneys, and they said, ‘That’s absolutely not right. They have to acknowledge those Beck rights and let you be a nonmember,’" Rasmussen said.

Although the settlement requires UFCW Local 4 officials to reimburse the employees of their forced dues plus interest and to inform them of their legal right to resign from formal membership, it is an incremental victory in the broad fight against compulsory unionism in Montana.

Until Montana has a Right to Work law that makes the payment of union dues strictly volunatary, this type of intimidation will likely continue throughout the Treasure State.

11 Oct 2007

Hollywood Union Hit with Federal Charge After Union Officials Threaten Musicians With Arrests

Posted in News Releases

**Hollywood, CA (October 11, 2007)** – With free legal assistance from the National Right to Work Foundation, a Symphony on the Glen musician filed a federal charge today against the American Federation of Musicians (AFM) Local 47 responding to an ugly union campaign of intimidation, coercion, and retaliation against employees exercising their legal rights.

Sai-Ly Acosta, a violinist for the film score orchestra, filed a federal unfair labor practice charge at the National Labor Relations Board (NLRB) after union officials enforced an illegal policy requiring all musicians to be “in good standing” with the union in order to practice in a union-owned rehearsal facility used by their orchestra. Union officials informed Acosta, who is not a formal member of the AFM union, she and others would be arrested if they attended rehearsal tonight.

Of course, musical groups require that all musicians, as a condition of employment, participate in certain rehearsals – many occurring in facilities owned by AFM Local 47. However, Acosta and several of her coworkers exercised their legal right to resign from formal union membership and pay a reduced fee to cover the cost of union bargaining. As a result, union officials are attempting to unlawfully prevent her from practicing with the orchestra. Union operatives have harassed and intimidated the dissenting musicians, calling them “scabs.”

“These thuggish actions by union officials are both despicable and illegal,” said Stefan Gleason, vice president of the National Right to Work Legal Defense Foundation. “But this union intimidation is all too common in states like California where there is no Right to Work law on the books.”

Under the Foundation-won Supreme Court decision in *Communications Workers v. Beck* and subsequent NLRB rulings, union officials cannot require formal union membership or the payment of union dues unrelated to collective bargaining as a condition of employment. Employees are also entitled to notice of their right to refrain from union membership, an independent audit of union expenditures, and notice of their right to object to paying for non-bargaining activities, such as union political activities.

Because Acosta and other musicians exercised their legal rights under *Beck*, they have been unlawfully targeted for retaliation. The unfair labor practice charge will be reviewed by the NLRB’s Regional Director who will decide whether to take the union to trial before a federal labor judge.

“No one should be forced to pay dues to an unwanted union just to get or keep their job,” continued Gleason.