Posts tagged Mark Mix
Max Finkelstein Workers Across East Coast Force RWDSU Union to Abandon 500+ Employee Unit
October 31, 2023 // “We warehouse workers and drivers at Max Finkelstein may be from many different facilities in many different states, but we are in agreement about one thing: RWDSU union officials don’t represent our interests,” commented Dorney. “It’s our right under federal law to challenge RWDSU’s forced representation power.” The RWDSU union has recently tried several high-profile unionization campaigns at Amazon warehouses across the country, most notably at the large Bessemer, AL, facility, where employees voted against the union by substantial margins in both 2021 and 2022. Gallup polling shows that 58 percent of nonunion workers are “not interested at all” in joining a union.
National Right to Work Foundation Urges SCOTUS to Reverse NLRB Decision Letting ILA Union Wipe Out Nonunion Port Jobs
October 29, 2023 // The brief spells out the dire consequences of the ILA union’s maneuver for Leatherman’s 270 state employees, who are protected by state law from monopoly union control. It explains that South Carolina spent over $1 billion to develop the terminal, but the ILA union’s scheme, if allowed to continue, would require South Carolina to both fire all the nonunion state employees of the port, and turn control of crane jobs over to a private contractor with an ILA union contract. The devastating effects for current employees wouldn’t stop there if the ILA is victorious in the case. The brief points out that, even if fired state workers were to seek new employment at Leatherman with a private contractor under the union’s control, the ILA would likely prioritize its existing workers far above the former state workers because of union seniority provisions and hiring hall referral rules.
Worker Who Criticized Union Official Defeats Attempt to Slap Him with Restraining Order
October 26, 2023 // In the more recent dispute over the restraining order, the UIA chapter president sought such an order against Cruz because he made Facebook posts criticizing the union’s representation of employees and the chapter president’s performance, specifically describing the chapter president as “lazy.” The union official claimed that a restraining order was necessary because Cruz would have to be stalking him to know of his “lazy” behavior. The UIA chapter president identified no evidence other than the Facebook posts themselves. Foundation attorneys rebutted this outrageous theory. “Reynaldo Cruz’s Facebook posts are protected speech and activity that lawfully criticize and oppose the UIA President’s leadership, not ‘gestures or actions intended to intimidate, threaten, or pursue’ the union president or his family,” Cruz’s motion to dismiss reads. On October 17, 2023, a trial court judge dismissed the UIA official’s charges against Cruz.
Seattle Mariners Retail Employee Challenges Seattle NLRB Officials’ Refusal to Certify Overwhelming Vote Against Union
October 23, 2023 // Following an overwhelming workplace vote to remove United Food and Commercial Workers (UFCW) union officials, Seattle Mariners MLB retail employee Tami Kecherson filed a Request for Review defending the election result at the National Labor Relations Board (NLRB) in Washington, DC. The Request for Review comes after NLRB Region 19 officials in Seattle refused to certify the 50-9 vote result, and instead permitted UFCW union officials to “disclaim” interest in the bargaining unit and avoid restrictions on regaining control over the employees that normally apply to unions that lose elections. National Right to Work Foundation staff attorneys are providing free legal aid to Kecherson in her effort to defend the election victory. The Request for Review recounts that, after the worker-requested union decertification vote finally took place, UFCW union officials filed “blocking charges” against Mariners management in an attempt to delay the certification of the vote. “Blocking charges” contain unverified and often groundless allegations of employer interference in a union election.
Federal Charge: East Bay-Area Construction Materials Worker Illegally Fired for Refusing to Join Union
October 17, 2023 // The charges state IUOE bosses illegally demanded she join the union as a condition of keeping her job and instigated her firing by CTS when she refused to join. Additionally, Le’s charges maintain that company and union officials violated the law by deducting union dues directly from her paycheck without her permission. Le, a firestop inspector, filed the charges at National Labor Relations Board (NLRB) Region 32 in Oakland, CA, with free legal aid from the National Right to Work Legal Defense Foundation. She notes in her charges that IUOE officials not only failed to inform her of her right to abstain from union membership, but also never notified her of her right to pay a reduced amount of union dues as a nonmember. Because California lacks Right to Work protections for its private sector workers, Le and her coworkers can be forced to pay some dues to the union as a condition of keeping their jobs, even if they’ve abstained from formal union membership. However, as per the Foundation-won CWA v. Beck Supreme Court decision, even in non-Right to Work states union officials can’t force nonmember employees to pay for union expenses beyond what the union claims goes to bargaining, such as union politics
Oklahoma City Starbucks Employees Latest to Demand Vote to Remove SBWU Union from Workplace
October 11, 2023 // Smith and her coworkers’ effort is the latest in a chain of SBWU decertification pushes across the country. Since May, Starbucks employees in Manhattan, NY; Buffalo, NY; Pittsburgh, PA; Bloomington, MN; Salt Lake City, UT; and Greenville, SC, have all sought free Foundation legal aid in pursuing their decertification petitions at the NLRB. Last month, workers at Good Karma Café, an independent coffee shop in Philadelphia, successfully voted out the SBWU union with Foundation help. The flurry of decertification attempts is occurring roughly one year after SBWU union agents engaged in an aggressive unionization campaign against Starbucks employees. Federal labor law forbids workers from decertifying a union for a year after its installation, meaning many workers are seizing on the earliest possible opportunity to rid themselves of the SBWU union’s “representation.”
Employee Advocate Issues Legal Notice After Labor Board Fast-Tracks Union Control Over Workers Without Secret Ballot Votes
October 7, 2023 // The notice explains that all employees have the right to refuse to sign a union authorization card, and to revoke any union authorization card they previously signed. It also reminds workers that “it is a good practice to inform both the union and your employer in writing that you revoked the card so that the union and your employer do not wrongfully count you as a supporter of union representation during a card check.” Workers also have the right to “sign and circulate cards or petitions against union representation, on non-work time and in non-work areas,” the notice states. Such petitions or cards can be used later to request the NLRB hold an election at the workplace to remove (or “decertify”) the union, and can also be provided to the employer as evidence to contest union claims of majority support. The notice provides links to sample letters revoking union authorization cards and sample union decertification petitions. “If you have questions about your rights during a union organizing campaign, you can contact Foundation staff attorneys for more information and assistance with exercising your rights,” the notice concludes.
Buffalo Starbucks Worker Files Groundbreaking Lawsuit Challenging Constitutionality of NLRB Structure
October 4, 2023 // Buffalo “Del-Chip” Starbucks employee Ariana Cortes has hit the National Labor Relations Board (NLRB) with a federal lawsuit, arguing that the federal agency’s current structure violates the separation of powers. The lawsuit, filed with the District Court for the District of Columbia, follows Cortes’ challenge to an NLRB Regional Director’s dismissal of her and her coworkers’ petition seeking a vote to remove Starbucks Workers United (SBWU) union officials from their store. Cortes is receiving free legal aid in both proceedings from the National Right to Work Legal Defense Foundation. The lawsuit contends that, because NLRB Board Members cannot be removed at-will by the President, the NLRB’s structure violates Article II of the Constitution. The National Labor Relations Act (NLRA), the law which established the Board, restricts a president’s ability to remove Board members except for neglect of duty or malfeasance. The complaint argues that “[t]hese restrictions are impermissible limitations on the President’s ability to remove Board members and violates the Constitution’s separation of powers. Thus, the Board, as currently constituted, is unconstitutional.”
NJ Medieval Times Employees Appeal to National Labor Relations Board in Ongoing Joust with Union Officials
September 21, 2023 // he Request for Review notes that AGVA union officials were “secretive, self-interested, and divisive,” and “regularly advocated that the [Medieval Times] employees go on strike, something that had no support among the unit employees.” After waiting out the statutory one-year bar on union elections that follows a union’s certification, Morley filed the petition requesting a union decertification vote. According to the Request for Review, instead of processing the petition as NLRB rules dictate, NLRB Region 22 issued a complaint against the employer and dismissed Morley’s petition based on unproven “blocking charges” AGVA union officials filed against Medieval Times management. The Request for Review argues that the hasty dismissal violated NLRB election rules, the Administrative Procedure Act, and well-established NLRB precedent requiring a hearing to demonstrate whether union allegations of employer misconduct actually caused employee discontent with the union. “None of the alleged unfair labor practice allegations…concern the Employees’ collection of the decertification signatures or the Employer’s domination of the Union. Thus…an election should be held and the votes immediately counted,” the Request for Review contends. “Even if the Board determined the allegations warranted consideration under [NLRB rules], its plain terms prohibit dismissing a petition prior to an election.”
Piscataway L’Oreal Employees Demand Vote to Remove RWDSU Union Officials from Facility
September 21, 2023 // Mark Mix. “RWDSU is still trying to impose itself on workers at the large Amazon facility in Bessemer, Alabama, despite those workers voting not once, but twice to reject the union’s presence.” “Unfortunately, the Biden NLRB is trying to make it easier for union officials who seek to undermine worker votes to cling onto power, but Foundation attorneys will continue to defend Ms. Hoyos Lopez and any other employee who seeks to exercise their individual right to vote out unwanted union officials,”