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.

10 Oct 2007

NYC Transit Strike Aftermath

Posted in Blog

After only three months without the ability to automatically deduct dues from workers’ paychecks, Transit Workers Union officials are in court asking that one of their many special privileges be restored. They lost the ability to automatically deduct dues after TWU bosses illegally ordered a strike in December 2005 that crippled New York City.

According TWU’s own newsletter, without the automatic dues deduction, less than half of the over 30,000 workers have paid their dues in full, including four union officials who have been prosecuted by the TWU International, for their failure to pay up. Demonstrating that when given the choice, rank-and-file employees (and even, apparently some union bosses) don’t find the union’s “services” valuable enough to warrant their hard earned money.

10 Oct 2007

«Paycheck Protection» Regulation Nixed

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Another so-called "paycheck protection" campaign finance regulation has been struck down in federal court. (A similar law has been struck down in Utah.)

As noted by former Federal Election Commission chair Brad Smith in The Washington Times in the wake of the Right to Work Foundation’s defensive victory at the U.S. Supreme Court in June, such regulations are both bad policy and bad politics.

10 Oct 2007

Safeway Employees Win Settlement Against Union After Illegal Threats and Dues Seizures

Posted in News Releases

**Butte, MT (October 10, 2007)** – In order to avoid federal prosecution by the National Labor Relations Board (NLRB), a local union had no choice but to ink a settlement with several Safeway employees after union officials tried unlawfully to keep them from exercising their rights.

The settlement, secured by National Right to Work Legal Defense Foundation attorneys, requires the United Food and Commercial Workers (UFCW) Local 4 union to reimburse Safeway Inc. (NYSE: SWY) employees’ forced union dues seizures plus interest, to stop threatening their jobs, and to honor employees’ resignations from formal union membership.

UFCW Local 4 officials must also stop “requiring employees’ resignation letters be notarized, mailed by certified mail, set forth case law citations, and be individually submitted.” UFCW union officials had previously rejected the grocery workers’ requests to resign from formal union membership after union officials said the requests did not meet the union’s bogus and illegal rules for resigning.

With help from National Right to Work attorneys, Safeway employees Gerald Rasmussen and Carla Crandall originally filed federal charges against the UFCW Local 4 union in April and May, respectively. After an initial investigation, the NLRB combined the complaints into one case. A hearing was scheduled for September 18, but in an eleventh-hour decision, union officials signed a settlement in order to avoid embarrassing federal prosecution.

“This is a victory for this group of courageous workers,” said Stefan Gleason, vice president of the National Right to Work Foundation. “But this ugly union intimidation and abuse will continue to plague workers in Montana because there is no Right to Work law to ensure that payment of union dues is strictly voluntary.”

The employees’ original charges cite that UFCW Local 4 union officials were attempting to enforce a compulsory unionism clause requiring employees to join or pay dues to the union or be fired from their jobs, despite a formal deauthorization election held in late April where a large majority of employees voted to strip union bosses of their forced unionism privileges. UFCW Local 4 union officials continue to challenge the election results.

After learning of their right to resign from formal union membership from sources independent of UFCW Local 4, Rasmussen, Crandall and other employees sent letters to union officials resigning from formal union membership. Union officials rejected their requests and never provided any of the legally-mandated financial disclosure statements to the Safeway employees.

In the Foundation-won *Communications Workers of America v. Beck* decision, the U.S. Supreme Court ruled that employees laboring under the National Labor Relations Act are entitled to resign from formal union membership but can still be forced to pay for activities related to union monopoly bargaining. However, they cannot be compelled to pay for other costs such as union political activities.

9 Oct 2007

Forced Dues Dust Up

Posted in Blog

The Sacramento Bee says that the 87,000 member SEIU Local 1000 behemoth faces an internal battle in one of its bargaining units over forcing employees to pay dues.

If they are successful, the "fair share" employees, who are not union members but are required to pay fees every month for representation services they receive from SEIU 1000, won’t have to pay the money anymore.

"Fair share" is a euphemism union officials use when they mean forced union dues. Not only that, but it is doubly offensive to employees since not every one of them necessarily wants to be subject to or benefits from union monopoly barganining.

9 Oct 2007

MD Child Care Providers Wary of Compulsory Unionism

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With the specter of forced union dues looming over child care providers in Maryland, some providers worry it could hurt those at the very bottom.

"My understanding of the union is that they would automatically take out of our Purchase of Care vouchers as union dues," Sarecia Powers, child care provider in the Cresaptown area, said. "Having to pay what might be an astronomical amount of dues might make providers consider signing on families based upon being paid privately, where the provider gets everything they are being paid. You could have providers turning down Purchase of Care families, and they are the families that need it most. If they can’t find care, it will have a domino effect."

While Maryland Governor Martin O’Malley proclaimed Friday that "no one should be forced to join a union," his is one of 28 states without a Right to Work law where employees can be fired if they refuse to pay union dues.

9 Oct 2007

Public-Safety Officers at Risk from Monopoly Bargaining

Posted in Blog

Currently in Congress, Big Labor politicians are pushing a bill that would strip thousands of police, firefighters and other public-safety employees of their right to negotiate contracts with their local city and state governments for themselves. The bill would federally impose monopoly bargaining onto the state and local government employees, instead of the current system under which each city determines whether or not to impose monopoly bargaining.

But in addition to eliminating the public-safety officers’ right to negotiate for themselves, the bill also helps put these employees’ lives at greater risk, as evidenced by a recent incident in Boston where such monopoly bargaining is already law:

There are a lot of troubling questions regarding the reported autopsy results showing alcohol and cocaine in the blood of two Boston firefighters killed in August…

The results of the autopsies, which are not considered public documents, reportedly show that Cahill, a father of three, had a blood alcohol content of .27, more than three times the legal limit for driving.

Payne’s autopsy showed traces of cocaine in his blood, but it is unclear what the amounts were or how long before his death he ingested the drug.

Boston, like many other fire departments, does not have mandatory random drug testing because of collective bargaining agreements. That’s not to say that the tests would have found the men impaired, but the threat of testing would be a way to reduce the possibility.

[Emphasis added.]

8 Oct 2007

Rat Attack!

Posted in Blog

LIUNA Local 91 RatsLaborers International Union of North America (LIUNA) Local 91 is no stranger when it comes to using threats, coercion and intimidation on the picket line.

But despite court appearances, federal investigations and even beatings throughout the 1990s, Local 91 union officials have brought out their newest scare-tactic weapon…a 10-ft inflatable rat, paid for in full with $4,000 of union dues, much of which is taken from workers as a condition of employment.

LIUNA Local 91 Rats

(Photo by Charles Lewis/Buffalo News)

The rat, union officials claim, is a peaceful message to workers who choose not to toe the union line.

According to The Buffalo News, most agree that the giant rat planted outside a Holiday Inn at a Niagara Falls construction site is a not-so-subtle sign of some of this LIUNA Local’s violent past. The giant rat is inflated for about four hours every morning, and during that time, Local 91 picketers intimidate truck drivers entering the site.

In fact, one Local 91 operative, Michael Godzisz, even tried to justify the intimidation:

The picketing laborers also stop construction vehicles as they enter the site but do so for only three of five minutes at a time, he said.

And the union local’s business manager supported the bullying tactic:

“We can’t hold them up, and if we keep walking they can’t run us over,” said Rob Connolly, Local 91’s business manager. “After about five minutes, we let them go out of courtesy.” [Emphasis added]

Despite LIUNA Local 91’s claim to reform and anger management control, the use of the giant rat is just another type of terror used to intimidate those employees who refuse to walk off the job. In fact, other locals have used the rat trap up and down the east coast.

But giving truckers a “courtesy” to get through the picket line leaves you questioning: what exactly happens after the five minute window is up»

8 Oct 2007

Jaw-Dropping Stat

Posted in Blog

And while union officials bemoan recent NLRB decisions, consider this:

According to an analysis by Jones Day attorney G. Roger King, prepared for the American Bar Association, from 1994 to 2001 the Clinton NLRB overturned 60 long-standing cases, throwing a jaw-dropping 1,181 years of combined precedent out the window.

The NLRB hasn’t even come close to this during the Bush years. And with three vacancies at the five member Board at the end of this year, the window of opportunity for the agency to make further strides for employee rights is rapidly closing.

8 Oct 2007

Chiming In

Posted in Blog

AFL-CIO head honcho John Sweeney and SEIU chief Andy Stern both chimed in about last week’s victory on behalf of employees by Right to Work attorneys. Sweeney cites a previous NLRB decision calling coercive card check unionization drives "a favored element of national policy."

What a joke. As previously cited, the Board in this decision cited:

“Card checks are less reliable because they lack secrecy and procedural safeguards… union card-solicitation campaigns have been accompanied by misinformation… workers sometimes sign union authorization cards…to get the person off their back.”

Stern, however, gets one thing right when he says:

"The NLRB has become a caricature of itself, and as a nation, we should be embarrassed by governing bodies that fail to consider even the most basic needs and rights of workers.”

How true. The NLRB has failed America’s workers in many other Foundation cases. Here are just a few.