foundation action · the supreme court’s split 4-4 decision in friedrichs v. california teachers...

8
Scalia’s untimely death left the Court deadlocked over the constitutionality of Foundation Action Foundation Action Vol. XXXVI, No. 3 8001 Braddock Road • Springfield, Virginia 22160 www.nrtw.org May/June 2016 The bi-monthly newsletter of the National Right to Work Legal Defense Foundation, Inc. WASHINGTON, DC – In March, a deadlocked Supreme Court handed down an evenly split ruling in Friedrichs v. California Teachers Association, a case that challenged public-sector union offi- cials’ forced-dues powers. The 4-4 deci- sion was widely anticipated by legal observers across the ideological spec- trum after Justice Antonin Scalia’s unex- pected death in February. Although the judicial tie leaves the status quo unchanged and precludes the possibility of ending public-sector forced dues in the near term, National Right to Work Foundation staff attorneys had already been working on five other cases that explicitly challenge various mandatory union dues or fees as a violation of employees’ First Amendment rights. “It’s a disappointing result, not just for Rebecca Friedrichs and her co-plain- tiffs, but for all civil servants who are forced to pay dues to unions they don’t belong to or support,” said Mark Mix, president of the National Right to Work Foundation. “However, the fight against compulsory unionism is a marathon, not a sprint. Right to Work staff attor- neys are already involved in five active cases that challenge the constitutionality of forced dues.” Scalia’s death casts shadow over Friedrichs Friedrichs was brought by 10 California public school teachers who have to pay dues to a union they don’t belong to as a condition of employment. In oral arguments, the plaintiffs’ attor- ney pointed out that union bargaining in the public sector cannot be separated from controversial political questions about the size and scope of government. The Supreme Court has long held that no employee can be forced to pay dues for union politics, and the plaintiffs argued that the dues they are forced to pay for union bargaining fall squarely into that category. Several of the justices seemed sympa- thetic to this argument, including Justice Scalia, who, had he lived longer, likely would have cast the deciding vote in favor of the plaintiffs. However, Supremes Split on Friedrichs ; Other Cases Against Forced Dues Proceed Five current Foundation lawsuits are challenging forced union dues on First Amendment grounds The Supreme Court’s split 4-4 decision in Friedrichs v. California Teachers Association was a setback for workplace freedom, but Foundation staff attor- neys are already working on other cases that challenge forced union dues. IN THIS ISSUE Foundation Helps 38 Employees Challenge Retaliatory Union Strike Fines Connecticut State Trooper Files Lawsuit over Union Boss Retaliation Over 500 California Workers Finally Evict Unwanted Union Bosses 3 4 5 6 7 10 Workers Charge Union for Violating WI Right to Work Law Foundation Helps Nonunion TV Employees Fend Off Union “Initiation Fees” See DEADLOCKED SUPREME COURT page 2

Upload: others

Post on 21-Mar-2020

4 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Foundation Action · The Supreme Court’s split 4-4 decision in Friedrichs v. California Teachers Association was a setback for workplace freedom, ... ed to the High Court’s Scalia

Scalia’s untimely death left the Courtdeadlocked over the constitutionality of

FoundationActionFoundationAction

Vol. XXXVI, No. 3 8001 Braddock Road • Springfield, Virginia 22160 www.nrtw.org May/June 2016

The bi-monthly newsletter of the National Right to Work

Legal Defense Foundation, Inc.

WASHINGTON, DC – In March, adeadlocked Supreme Court handeddown an evenly split ruling in Friedrichsv. California Teachers Association, a casethat challenged public-sector union offi-cials’ forced-dues powers. The 4-4 deci-sion was widely anticipated by legalobservers across the ideological spec-trum after Justice Antonin Scalia’s unex-pected death in February. Although thejudicial tie leaves the status quounchanged and precludes the possibilityof ending public-sector forced dues inthe near term, National Right to WorkFoundation staff attorneys had alreadybeen working on five other cases thatexplicitly challenge various mandatoryunion dues or fees as a violation ofemployees’ First Amendment rights.

“It’s a disappointing result, not justfor Rebecca Friedrichs and her co-plain-tiffs, but for all civil servants who areforced to pay dues to unions they don’tbelong to or support,” said Mark Mix,president of the National Right to WorkFoundation. “However, the fight againstcompulsory unionism is a marathon,not a sprint. Right to Work staff attor-neys are already involved in five activecases that challenge the constitutionalityof forced dues.”

Scalia’s death casts shadow over Friedrichs

Friedrichs was brought by 10California public school teachers who

have to pay dues to a union they don’tbelong to as a condition of employment.In oral arguments, the plaintiffs’ attor-ney pointed out that union bargainingin the public sector cannot be separatedfrom controversial political questionsabout the size and scope of government.The Supreme Court has long held thatno employee can be forced to pay duesfor union politics, and the plaintiffsargued that the dues they are forced topay for union bargaining fall squarelyinto that category.

Several of the justices seemed sympa-thetic to this argument, includingJustice Scalia, who, had he lived longer,likely would have cast the deciding votein favor of the plaintiffs. However,

Supremes Split on Friedrichs; Other Cases Against Forced Dues ProceedFive current Foundation lawsuits are challenging forced union dues on First Amendment grounds

The Supreme Court’s split 4-4 decision in Friedrichs v. California TeachersAssociation was a setback for workplace freedom, but Foundation staff attor-neys are already working on other cases that challenge forced union dues.

IN THIS ISSUE

Foundation Helps 38 EmployeesChallenge Retaliatory UnionStrike Fines

Connecticut State Trooper Files Lawsuit over Union BossRetaliation

Over 500 California WorkersFinally Evict Unwanted UnionBosses

3

4

5

6

7 10 Workers Charge Union forViolating WI Right to Work Law

Foundation Helps Nonunion TV Employees Fend Off Union“Initiation Fees”

See DEADLOCKED SUPREME COURT page 2

Page 2: Foundation Action · The Supreme Court’s split 4-4 decision in Friedrichs v. California Teachers Association was a setback for workplace freedom, ... ed to the High Court’s Scalia

2 Foundation Action May/June 2016

Rev. Fred Fowler Chairman, Board of TrusteesPatrick Semmens Vice President and Editor-in-ChiefRay LaJeunesse, Jr. Vice President and Legal DirectorMark Mix President

The Foundation is a nonprofit, charitable organization providing free legal aid to employeeswhose human or civil rights have been violated by abuses of compulsory unionism. All contributions

to the Foundation are tax deductible under Section 501(c)(3) of the Internal Revenue Code.

Distributed by theNational Right to Work Legal Defense Foundation, Inc.

8001 Braddock Road, Springfield, Virginia 22160www.nrtw.org • 1-800-336-3600

Foundation Action

public-sector forced dues. Friedrichsand her attorneys are now seeking arehearing of the case after a ninth justiceis appointed to the High Court, but it isnot considered likely that the Court willgrant that request.

Foundation cases againstforced union union duesproceed

In the event that the Friedrichs case isnot reheard, five other cases brought byNational Right to Work Foundationstaff attorneys are poised to again raisethe issue of compulsory union duesbefore the High Court.

In Chicago, Foundation attorneys arerepresenting three Illinois civil servantswho are challenging state law thatrequires them to pay dues to a unionthey do not belong to or support.Foundation staff attorneys have raisedsimilar objections to compulsory duesfor civil servants in Kentucky,Connecticut, and Massachusetts. All ofthese cases were delayed while the lower

courts waited for the Supreme Court toissue a Friedrichs ruling. Now that adecision has been handed down, all fourof these cases will proceed.

In addition, Foundation staff attor-neys are also helping a group ofAmerican Eagle Airlines employees

challenge forced union dues in the railand airline industries. Although theseemployees work in the private sector,the Supreme Court has ruled thatbecause the Railway Labor Act effective-ly mandates forced fees and doesn’tallow state Right to Work laws to protectairline and railway workers, the consti-tutional issues at stake are the same asfor government employees forced toassociate with and subsidize unionsthrough mandatory fees. Consequently,a victory for transportation employeeswould also end public-sector forceddues.

The ultimate success of these casescould rest on who is eventually appoint-ed to the High Court’s Scalia vacancy.Foundation staff have highlighted thetroubling judicial record of MerrickGarland, the current Supreme Courtnominee, whose rulings have consis-tently sided with union lawyers and fed-eral labor board bureaucrats. Right toWork researchers are also preparing tovet future nominees if Garland isblocked or withdraws from the nomina-tion process.

“Thanks to a series of recentFoundation legal victories, there arenow serious doubts about the constitu-tionality of mandatory union dues in thepublic sector,” said Mix. “Although weare disappointed by the outcome inFriedrichs, we are already pursuing sev-eral cases that build on those victories tochallenge the constitutionality of public-sector forced dues. The battle to protectemployee freedom is far from over, andthe National Right to Work Foundationhas no intention of stopping now.”

“We look forward to the day when allcivil servants, including RebeccaFriedrichs, are freed from the injusticeof being forced to hand over a portion oftheir hard-earned paycheck to unionofficials they oppose,” said Mix.

Rebecca Friedrichs’ case resulted ina 4-4 deadlock at the SupremeCourt, but questions about the con-stitutionality of forced union duesaren’t going away.

Deadlocked Supreme Court Won’t Derail Foundation’s Strategic Legal Programcontinued from page 1

Page 3: Foundation Action · The Supreme Court’s split 4-4 decision in Friedrichs v. California Teachers Association was a setback for workplace freedom, ... ed to the High Court’s Scalia

May/June 2016 Foundation Action 3

Matthews filed a grievance againstSergeant Mercer’s appointment, claim-ing that a “selection process” was notused to fill the Emergency Services Unitposition, even though none of Mercer’sunion-member predecessors underwentany kind of selection process before get-ting the job.

In October 2015, Matthews success-fully lobbied the Commissioner of theDESPP to have Mercer transferred outof the Emergency Services Unit to anadministrative post. Mercer’s new posi-tion gives him substantially feweropportunities to work in the field oraccrue overtime pay. The transfer ordercould cost Mercer approximately$50,000 in overtime pay per year.

Before his transfer, Mercer neverreceived any warnings, reprimands, orother disciplinary actions during hiscareer as a Connecticut State Trooper.Adding insult to injury, Mercer’sreplacement as Operations Sergeant is aunion member who skipped the same“selection process” the union presidentclaimed that Mercer had circumvented.

“The union has gone out of [its] wayto attempt to destroy my career and rep-utation at every possible opportunity,”said Mercer.

Public-sector forcedunionism breeds abuse

Union officials often resort to work-place retaliation to deter employeesfrom exercising their rights. Manyworkers toe the union line because theydon’t want to face reprisals from hostileunion officials. Others are too discour-aged by the prospect of a lengthy legalbattle to assert their workplace rights.

Unfortunately, public-sector forcedunionism empowers union officials tocollect mandatory dues and gives themimmense clout over every employee in a

HARTFORD, CT – In early March,National Right to Work Foundationstaff attorneys helped a ConnecticutState Trooper file a lawsuit in federaldistrict court against the ConnecticutState Police Union (CSPU), the CSPU’spresident, and the state’s Commissionerof the Department of EmergencyServices and Public Protection(DESPP). According to Sergeant JosephMercer, union officials conspired toretaliate against him because herefrained from joining the union andopted out of full union dues.

Mercer, a veteran state trooper, is aplaintiff in another Foundation lawsuitfiled in 2015 that alleges CPSU officialsrefused to allow nonunion employees toopt out of paying dues for union politics.That case also challenges mandatoryunion dues and fees as a violation ofnonunion state troopers’ FirstAmendment rights.

“My decision to leave the union wasthe result of years of growing frustrationwith the union leadership making deci-sions that had a direct impact on mycareer and life while not soliciting orconsidering input from the membershipthey were supposed to represent,” saidMercer. “The ‘final straw’ was [the]endorsement of political figures that Idid not support or personally endorse.”

Union orchestrates behind-the-scenes transfer order

Not only did Mercer refrain from fulldues-paying union membership, whenasked, he also told his fellow state troop-ers about their rights to leave the unionand reduce their dues payments. Despitean unblemished service record datingback 21 years, the CPSU president hadMercer transferred from a prestigiouspost because he resigned from theunion, refrained from supporting its

political agenda, and is involved in theearlier lawsuit.

“This is a clear-cut case of unionretaliation,” said Patrick Semmens, vicepresident of the National Right to WorkFoundation. “Union officials hadSergeant Mercer transferred from aposition for which he was eminentlyqualified because he exercised his rightto refrain from full dues-paying unionmembership and is standing up for hisconstitutional rights in court.”

In May 2015, Mercer was appointedOperations Sergeant to the EmergencyServices Unit, a command position thatentails significant responsibility forSpecial Weapons and Tactics (SWAT)training and field operations. AlthoughMercer has 17 years of SWAT experi-ence, CPSU President AndrewMatthews made several attempts tomeet with state police command staff toprotest Mercer’s appointment because ofhis nonunion status. In June 2015,

Sergeant Joseph Mercer, picturedhere responding to a bomb threat in2012, was transferred to an adminis-trative post for defying union offi-cials.

Connecticut State Trooper Files Lawsuit over Union Boss RetaliationVeteran police officer was transferred out of prestigious SWAT position for defending his rights

See CONNECTICUT TROOPER page 5

Photo credit: Lucas Jackson/Reuters

Page 4: Foundation Action · The Supreme Court’s split 4-4 decision in Friedrichs v. California Teachers Association was a setback for workplace freedom, ... ed to the High Court’s Scalia

4 Foundation Action May/June 2016

However, Local 66 refused to honorthe workers’ resignations and are nowtrying to collect a total of over $267,000in illegal strike fines. Moreover,Northshore Sheet Metal continues todeduct – and Local 66 continues to col-lect – money for a union “strike fund”from all 38 employees’ paychecks.

In addition to levying punitive strikefines, the union also posted photo-graphs and names of several nonunionemployees on its website in an apparentattempt to discourage other workersfrom exercising their rights. The target-ed employees have since been harassedby union militants for their decision notto participate in the strike.

Case highlights importanceof Foundation legal aid

Union officials often use sham disci-plinary hearings, punitive strike fines,and other retaliatory tactics to keepindependent workers in line. As was thecase at Northshore Sheet Metals, manyemployees are simply unaware of theirworkplace rights or misled about theirlegal obligations by unscrupulous unionofficials. Moreover, few workers havethe time or expertise to fight unionlawyers in court, even if the union’s tac-tics are legally dubious.

“The National Right to WorkFoundation is the only national organi-zation that provides free legal assistanceto union-abused employees,” continuedMix. “This role is particularly vitalbecause many employees lack theresources to stand up for their work-place rights. We’re here to help theseworkers navigate the court system andthe federal labor bureaucracy, and we’vebeen doing it since 1968. We encourageany employees who are facing similarthreats in the workplace to contact usimmediately.”

EVERETT, WA – In August 2015, SheetMetals Local 66 union officials inEverett, Washington launched a strikeagainst Northshore Sheet Metals, order-ing all union members off the job.However, many of these “union mem-bers” had been misled into joining Local66 in the first place and were unwillingto put their livelihoods at risk. Thirtyeight Northshore Metal employeespromptly resigned from the union andcontinued working, but Local 66 offi-cials refused to honor these resignationsand subjected the employees to internalunion disciplinary procedures. The 38nonunion employees were then orderedto pay outrageous four- and five-figuresums for defying the union strike order.All of the fines exceed five thousanddollars, and one fine exceeds fifty thou-sand dollars.

Now, National Right to WorkFoundation staff attorneys have inter-vened to help all 38 employees file feder-al unfair labor practice charges againstthe union. The charges contest theunion’s harsh fines on the grounds thatthese employees were never voluntaryunion members and are therefore notsubject to internal union discipline.

Union officials misledworkers about their rights

“First, Local 66 union bosses misledworkers about their right to refrain fromunion membership,” said Mark Mix,president of the National Right to WorkFoundation. “Then, on the eve of astrike that none of these employeeswanted to join, they refused to acknowl-edge the resignations from the unionand demanded that the workers partici-pate in the work stoppage. Finally, unionofficials imposed outrageous strike fineson these workers after subjecting themto trumped-up disciplinary hearings.”

“As soon as I went into the trial, they[union officials] gave me a pamphlet,”said Bruce Champeaux, one of theemployees who refused to strike. “Onthe last page was the strike fine. Theyhad already decided before the trialstarted.”

“Basically, it was kind of a kangaroocourt,” added Champeaux.

All 38 employees only joined theLocal 66 union because they werewrongfully told that union membershipwas a condition of employment atNorthshore Sheet Metals. After unionofficials ordered a strike, the employeeslearned that union membership is vol-untary and decided to exercise theirrights to resign from the union andrefrain from participating in the workstoppage.

Under federal labor law, no employeecan be required to formally join a unionto keep a job. Employees also have theright to resign from a union at any time,at which point they can no longer besubjected to internal union discipline.

Union officials levied outrageousstrike fines and published thenames and photos of non-strikingworkers to discourage employeesfrom defying a union strike order.

Foundation Helps 38 Employees Challenge Retaliatory Union Strike FinesWorkers hit with over $250,000 in total fines for defying union bosses’ strike order

Page 5: Foundation Action · The Supreme Court’s split 4-4 decision in Friedrichs v. California Teachers Association was a setback for workplace freedom, ... ed to the High Court’s Scalia

In November 2015, the NLRB finallydecided to allow Campos and hiscoworkers to proceed with the decertifi-cation vote. In the interim, however,three other Threshold employees whoopposed the union’s presence wereharassed and intimidated by militantTeamster goons. All three workers alsosay that other employees faced retalia-tion for opposing the union’s presence.

Local 912 lost the vote, but instead ofleaving gracefully, union lawyersresponded by filing four election objec-tions, three of which were immediatelyrejected. After holding a hearing on theremaining objection, the NLRB ulti-mately upheld the election results.Foundation staff attorneys participatedin the hearing for Campos.

“Big Labor relies on its special privi-leges to force workers to pay union duesor fees, so it’s no surprise that unionofficials would resort to harassment tomaintain their grip over workers,” saidRay LaJeunesse, vice president of theNational Right to Work Foundation.“We’ve helped numerous employeesremove unwanted unions, and we willcontinue to do so to ensure that noworker is forced to pay union dues justto keep a job.”

“Foundation attorneys are workingto end forced unionism for every civilservant in the country,” said Semmens.“In the meantime, the Foundation’s freelegal aid program is aimed at helpingemployees like Sergeant Mercer standup to union bosses’ scofflaw tactics.Without our legal aid program, workerswould have nowhere to turn to defendtheir rights and union bosses wouldbully independent employees withimpunity.”

SANTA CRUZ, CA– In March, morethan 500 employees at ThresholdEnterprises’ two Oakland-area facilitieswere finally freed from unwanted unionboss monopoly “representation.” After alengthy legal battle, the National LaborRelations Board (NLRB) certified theoutcome of a November election theemployees held to remove TeamstersLocal 912 from the workplace.

Thanks in part to the efforts of staffattorneys from the National Right toWork Foundation, Tomás Campos wasable to spearhead an employee drive toremove the union. Because Californialacks a Right to Work law, Campos andhis fellow employees were forced tohand over a portion of their paychecksto Local 921 union bosses until theysuccessfully removed the union.

Workers overcome legalhurdles to remove union

As often occurs when employees tryto remove a union, union bosses put upa fierce fight to hold on to their forced-dues privileges. Campos presented theNLRB with enough signatures from hiscoworkers in July 2015 to trigger a

May/June 2016 Foundation Action 5

decertification election to remove theTeamsters. However, the NLRB initiallyrejected his petition because it wasn’tsubmitted in both English and Spanish,a requirement that is totally unsupport-ed by the relevant case law. Only afterFoundation staff attorneys interveneddid NLRB officials relent and accept thepetition.

unionized workplace, even those whorefrain from joining the union. RecentFoundation legal victories have curbedsome of the worst union abuses in thepublic sector, but because the SupremeCourt declined to outlaw public-sectorforced dues in Friedrichs v. CaliforniaTeachers Association (see this month’sFoundation AAccttiioonn cover story), manycivil servants, including Mercer, areforced to pay union dues to keep theirjobs for the forseeable future.

Over 500 California Workers Finally Evict Unwanted Union BossesEmployees had to overcome legal hurdles to remove one stubborn union

After a lengthy legal struggle, TomásCampos and his coworkers are final-ly free of Teamster union bosses.

continued from page 3

Connecticut Trooper Files Legal Challenge against Union Boss Discrimination

“Membership in a group should notbe mandatory as a condition of employ-ment, especially government employ-ment,” said Mercer. “This mandatorymembership is a direct violation to myright of free association, in my opinion.”

“I also believe that, as public employ-ees and public safety officials, that weshould be politically neutral,” addedMercer. “We have a duty to serve the cit-izens of the state regardless of our (ortheir) political affiliation or beliefs.”

Page 6: Foundation Action · The Supreme Court’s split 4-4 decision in Friedrichs v. California Teachers Association was a setback for workplace freedom, ... ed to the High Court’s Scalia

6 Foundation Action May/June 2016

When Hannah Button joined KOINTV, union officials failed to inform herof her right to refrain from paying fullunion dues. In July 2015, Button sent theunion a letter announcing her decisionto resign and reduce her dues payments.Seven months later union officials final-ly responded to Button.

They told Button she would still becharged for full union dues for the peri-od before she submitted her resignationletter, despite the fact that she was neverinformed of her right to resign andreduce her dues payments.

Union officials also claimed thatButton still had to pay a full “union ini-tiation fee” of $2,700, and that the totalamount she owed was over $3,000.Button was given 17 days to pay the$3,000 or the union would have herfired.

“It felt like blackmail”

Marshall and Hamerin faced similardemands from union officials whenthey attempted to resign and reduce

Foundation Helps TV Station Employees Fend off Forced Union FeesUnion officials demanded that nonunion workers pay hefty $2,700 “union initiation fee” or be firedPORTLAND, OR – Three television sta-tion employees in Oregon who had theirjobs held hostage turned to the NationalRight to Work Foundation for help afterunion officials demanded nearly $3,000each in forced dues and initiation fes.

Hannah Button, Peter Marshall, andLacey Hamerin all work for KOIN TV, alocal television station in Portland.When union officials failed to informthem of their right not to formally jointhe NABET-CWA Local 51 union, billedthem for full union dues, and demandedthey pay a $2,700 “union initiation fee”or be fired, they filed unfair labor prac-tice charges with free legal assistancefrom Foundation staff attorneys.

“Unfortunately, Oregon lacks a Rightto Work law, which means that unionofficials can force these workers to paycertain union fees to keep their jobs,”said Patrick Semmens, vice president ofthe National Right to Work Foundation.“However, not informing them of theirrights to refrain from membership andto avoid paying for union politics, to saynothing of these absurd ‘initiation fees’,are clear violations of federal law. That’swhy Foundation attorneys stepped in.”

Union officials violatefederal labor law

In the landmark Foundation-wonCommunication Workers v. Beck case,the United States Supreme Court ruledthat private-sector employees could notbe forced to pay for union activitiesunrelated to workplace bargaining, suchas union politics. Consequently, unionofficials must follow several proceduralrequirements to ensure that these rightsare protected.

In the case of all three KOIN TVemployees, CWA union officials bla-tantly ignored these longstanding legalprotections.

Nonunion TV employees at a localnews station in Portland, Oregoncould lose their jobs over an outra-geous union boss demand for “initi-ation fees.”

their dues payments. Both were told byunion officials that they would lose theirjobs if they failed to promptly pay thou-sands of dollars in union dues and initi-ation fees.

Said Marshall: “Once I found out howmuch money the union says I owedthem to keep my job, I could only thinkof one thing--Isn’t this the very defini-tion of ‘extortion’?”

Hamerin was also disturbed by unionbosses’ demands, saying, “I was shockedand stunned when I found out I had topay thousands of dollars or be fired. Itfelt like blackmail.”

Neither of these workers wereinformed of their rights. They alsoreceived no information explaining howthe forced dues they supposedly owewere calculated.

The National Labor Relations Boardis currently investigating these charges.

“It’s clear from this case that unionbosses will go to great lengths to extractas much cash as possible from workers’paychecks. Oregon should put an end tothis abusive practice by passing a Rightto Work law, which would ensure thatall union dues are strictly voluntary,”added Semmens.

Page 7: Foundation Action · The Supreme Court’s split 4-4 decision in Friedrichs v. California Teachers Association was a setback for workplace freedom, ... ed to the High Court’s Scalia

May/June 2016 Foundation Action 7

just for the privilege of working,” saidRay LaJeunesse, vice president of theNational Right to Work Foundation.

All 10 workers work at the MaysteelIndustries sheet metal fabrication plantin Allenton, Wisconsin. BeforeWisconsin passed a Right to Work law,Maysteel and the InternationalAssociation of Machinists union enteredinto a monopoly bargaining agreementrequiring workers to pay IAM uniondues or fees to keep their jobs.

“However, that monopoly bargainingcontract expired on March 4, 2015, andthe workers were told by humanresources officials that a new contract

10 Workers Charge Union for Violating Wisconsin’s New Right to Work LawFirst Foundation case enforcing Wisconsin’s Right to Work law challenges forced dues schemeWASHINGTON COUNTY, WI – TenWisconsin workers turned to NationalRight to Work Foundation staff attor-neys for free legal assistance after theywere forced to pay union fees to keeptheir jobs. None of the workers aremembers of a workplace union, andWisconsin’s Right to Work law protectstheir right to refrain from union mem-bership and from paying union dues orfees just to keep their jobs.

“But as we’ve seen in other new Rightto Work states such as Michigan, unionbosses often blatantly ignore Right toWork laws and continue to illegallyforce workers to pay them dues or fees

Now that tax season is behind us,we can expect more economicuncertainty and new tax policychanges with the 2016 electionslooming in November. You cansecure your future, as well as yourfamily’s, right now with a plannedgift to the National Right to WorkLegal Defense Foundation.

Reviewing your estate plans at thistime is crucial for economic securi-ty and long-term goals for you andyour loved ones. Many options areavailable for you to make a charita-ble gift now – or in the near future –to the tax-deductible Foundation.

Gifts of cash are the most commonmethod of making a charitable gifttoday. Gifts of cash can reduceeither regular or alternative mini-mum income taxes. Your savings

depend on your tax rate and otherkey factors.

You can also make a gift of stock,mutual funds, or other securitiesthat have increased in value sincethey were purchased. Appreciatedsecurities are subject to capitalgains tax when sold. Gifts ofappreciated stock (held for morethan one year) may be deducted inamounts totaling up to 30 percentof your AGI limit. Please consider agift of stock today to invest in thefuture of the Foundation’s legal aidprogram.

Consider a Bequest Today

Now may be the ideal time toreview your will and estate plans toinclude a gift for the Foundation.Other options include a charitable

gift annuity (not available in allstates), charitable remainder trust,charitable lead trust, or outrightbequest in your will or trust.

We encourage our supporters toreview their plans to provide fortheir loved ones, as well as theirfavorite charity, like the NationalRight to Work Foundation. Pleaseconsult your own tax advisor orestate attorney when considering along-term planned gift.

If you would like more information,please check the box in theenclosed reply device and sendyour current generous tax-deductible contribution. We willthen send you an estate kit forreview. You can also contact GinnySmith at 1-800-336-3600. Thankyou for your continued support.

Support the National Right to Work Legal Defense FoundationWhile Planning for your Financial Future Today!

Wisconsin’s recently-enacted Rightto Work law is on the books, butunless it’s vigorously enforced,Badger State employees won’t beable to take advantage of their newworkplace rights.

See WISCONSIN RIGHT TO WORK page 8

Page 8: Foundation Action · The Supreme Court’s split 4-4 decision in Friedrichs v. California Teachers Association was a setback for workplace freedom, ... ed to the High Court’s Scalia

Dear Foundation Supporter:

When the U.S. Supreme Court left in place a lower court ruling upholding forced uniondues, forced unionism advocates could hardly contain their glee.

“Earthquake Averted: Public Unions Dodge Bullet With Supreme Court Tie” read oneheadline. “Antonin Scalia Has Saved Labor Unions” cheered another, noting that only theJustice’s sudden death had protected union bosses’ outrageous forced-dues powers.

Obviously, the 4-4 split is disappointing when just weeks ago it seemed likely that mil-lions of public-sector employees would finally be freed from being forced to hand over aportion of their paychecks to union bosses they don’t support just to work for their owngovernment.

But the very fact that we are now just one justice away from ending public-sector forceddues is a testament to the work your support of the Foundation makes possible. As thebriefs in Friedrichs make clear, without Foundation-won Supreme Court cases like Knoxand Harris, we would never have been this close.

And you can be sure of another thing: the legal fight to challenge the constitutionalityof forced union dues is far from over.

Even if the High Court declines to rehear the Friedrichs case, National Right to WorkFoundation staff attorneys already have additional cases moving through the legal systemthat could strike down forced union dues on the grounds that they violate the FirstAmendment rights of employees.

Bringing a case from a state labor board or federal district court all the way to theUnited States Supreme Court is a long and resource-intensive process.

That’s why I am honored to have your continued support of the National Right to WorkFoundation so our fight against compulsory unionism can carry on.

Sincerely,

Mark Mix

would not be signed until March 18.This meant that every worker becamefully covered and protected byWisconsin’s Right to Work law when ittook effect on March 11,” addedLaJeunesse.

These workers were aware of theirnew workplace rights, and several ofthem sent letters to their employer andIAM union officials noting that becausethe Right to Work law would apply tothe new contract, they could no longerbe required to pay any fees to the IAMunion as a condition of employment.

Union officials responded to theworkers’ letters by incorrectly statingthat the Right to Work law did not applyto the new monopoly bargaining con-tract. The workers were also told thatIAM officials would have Maysteel firethem if they refused to pay.

“Maysteel has continued to illegallydeduct union fees from these workers’paychecks, so it’s fortunate they turnedto National Right to Work Foundationstaff attorneys for help to ensure thattheir new workplace rights are fullyenforced and protected,” continuedLaJeunesse.

Foundation staff attorneys filedcharges against Maysteel and the unionin Wisconsin State Circuit Court inMarch 2016.

“This is not the first union scheme tosiphon off money from workers’ pay-checks,” said LaJeunesse. “Luckily, theseworkers knew their rights and are ableto fight back with the help ofFoundation attorneys.”

8 Foundation Action May/June 2016

Message from Mark Mix

PresidentNational Right to WorkLegal Defense Foundation

Wisconsin Right to Workcontinued from page 7

For breaking news and other Right toWork updates, visit

www.nrtw.org