Posts tagged Mark Mix
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,”
Wisconsin Spartek Workers Successfully Force Out UE Union Officials as Labor Board’s Policy Shift Looms
September 14, 2023 // The repeal of the Election Protection Rule will also let union officials shut down worker attempts to obtain a secret ballot decertification vote for a year after union officials install themselves in a workplace via the so-called “card check” process. This move will be particularly dangerous to workers’ rights now that the Biden-appointed majority on the NLRB has voted to mandate card check recognition. Under the abuse-prone card check process, union officials bypass the NLRB’s traditional secret ballot vote procedures and instead use cards collected directly from workers – often through coercive or intimidating tactics – as “votes” for unionization. “Workers across the country are successfully exercising their right to kick out unwanted union officials, especially with Foundation aid,” commented National Right to Work Foundation President Mark Mix. “This trend is a threat to the Biden Administration’s union boss political allies, and the Administration has been pursuing a radical agenda to trap workers under unions’ so-called ‘representation’ and increase the influence and dues revenue of its favorite special interest.”
Passaic, NJ, Woodworking Employees Win Two-Year Legal Battle to Oust Unwanted Carpenters Union Officials
September 11, 2023 // Following the third attempt by employees of Passaic-based woodworking firm Patella to obtain a vote to remove them, Carpenters Local 252 union officials have backed down and abandoned the facility. The union’s disclaimer of interest, received last week by National Labor Relations Board (NLRB) Region 22, caps off a years-long legal battle between Patella employees and recalcitrant Carpenters union officials. The workers ousted the union with free legal aid from staff attorneys at the National Right to Work Legal Defense Foundation.
NLRB restores Obama-era rule speeding up union election process
August 25, 2023 // The U.S. National Labor Relations Board (NLRB) on Thursday finalized procedural changes that will speed up the union election process, which have been criticized by business groups for favoring organized labor. The Democrat-led board's rule restores changes to the election process that were adopted during the Obama administration and largely eliminated in 2019 when appointees of Republican former President Donald Trump led the board. Among the key provisions of the new rule are a requirement that elections be held before related litigation is resolved. Under the Trump-era regulation, the board had to rule on issues such as workers' eligibility to vote and alleged unlawful conduct by employers before holding an election.
Greenville, SC Starbucks Employees Latest to Demand Vote to Remove SBWU Union from Workplace
August 15, 2023 // Bory and her coworkers’ effort is the latest in a chain of SBWU decertification pushes across the country. In just the past few months, Starbucks employees in Manhattan, NY, Buffalo, NY, Pittsburgh, PA, Bloomington, MN, and Salt Lake City, UT, have all sought free Foundation legal aid in pursuing their decertification petitions at the NLRB. The flurry of decertification attempts is occurring roughly one year after SBWU union agents engaged in an aggressive unionization campaign against the coffee chain’s employees. Federal labor law forbids workers from decertifying a union for a year after a union’s installation, meaning many workers are seizing on the earliest possible opportunity to rid themselves of the SBWU union’s “representation.”
New Flyer Employee Slams CWA Union with Federal Charges, Claims Union Lied to Employees to Attain “Majority Status”
August 10, 2023 // Mabrey’s charges explain that CWA union officials gained power in his workplace through a process called “card check,” which bypasses the NLRB’s standard secret ballot election process for installing a union. Under card check, employees are denied the right to vote in private on whether they want the union in the workplace, and union officials can instead claim majority status by demanding union authorization cards directly from workers. The card check scheme’s lack of privacy exposes workers to a variety of coercive behaviors from union officials who are seeking to collect cards from a majority of employees in a work unit. Workers often report being told signing the card only requests “more information” about the union or serves some other purpose, even though the card will be equivalent to a “vote” in favor of union representation. Workers have also experienced threats and unwanted home visits during card check campaigns.
Federal judge sanctions Southwest Airlines, holds in civil contempt
August 9, 2023 // The Center Square also acquired copies of emails sent by a union representative referring to Carter as a “cancerous tumor” that needed to be “eradicated when ever [sic] possible or it spreads.” The member also said she was “incredibly dangerous” and that he was “all about targeted assassinations.” TWU didn’t respond to a request for comment when asked if it supported what appears to be an incitement to violence against or targeted harassment of employees. Carter initially sued, receiving free legal aid from the National Right to Work Foundation, after she was fired for opposing union dues being used for causes that violated her conscience related to promoting abortion. She alleged that Southwest Airlines discriminated against her religious beliefs, violating Title VII of the Civil Right Act of 1964 and the Local 556 violated the Railway Labor Act. The jury unanimously agreed and awarded her over $5 million.
After unionizing last summer, some Utah Starbucks workers now want out
August 4, 2023 // Before a petition can be filed, federal labor law says a year must pass after a successful union vote and 30% of a location’s workers need to support decertification. The National Right to Work Foundation, which is providing free legal representation to the workers who support the petition, said a contingent of the store’s workers don’t want the union to have “monopoly representation powers” when negotiating with the company. “They called us,” said foundation president Mark Mix. “They walked through this process and we [are helping] them get an election. That's the goal, not to put our thumb on the scale one way or the other, but just get the election so that their voices can be heard in the workplace.”