June/July 2012 Foundation Action

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Foundation Action Foundation Action 2 4 4 5 6 7 Worker’s Suit Stops Union Bosses from Forcing Employees to Pay Full Dues IN THIS ISSUE Vol. XXXIV, No. 3 8001 Braddock Road • Springfield, Virginia 22160 www.nrtw.org June/July 2012 The bi-monthly newsletter of the National Right to Work Legal Defense Foundation, Inc. Foundation Backroom Organizing Case Deals Blow to Legalized Union Bribery Scheme Appeals Court rejects Obama Administration’s arguments for union deal-making HOLLYWOOD, FL - The United States Court of Appeals for the Eleventh Circuit just shot down the Obama Administration’s attempt to undo a precedent-setting Right to Work Foundation legal victory against a local union. The protracted legal challenge was initiated by Hollywood, Florida-based Mardi Gras Gaming employee Martin Mulhall, who is receiving free legal assistance from Foundation attorneys. In 2004, Mardi Gras entered into a pact with UNITE HERE Local 355 union officials. The company agreed to hand over employees’ personal contact information (including home address- es), grant union operatives access to company facilities for the purpose of launching a coercive card check cam- paign, and refrain from speaking about the downsides of unionization. In return, UNITE HERE officials spent over one hundred thousand dollars in union cash to support a gambling ballot initiative and guaranteed not to picket, boycott, or strike Mardi Gras facilities. “Backroom organizing deals between company officials and unscrupulous union organizers aren’t exactly new, but the cynicism of this agreement shocked even us,” said Mark Mix, President of the National Right to Work Foundation. Union organizing deal was legalized bribery Federal law aimed at preventing union officials from agreeing to under- mine workers’ rights in exchange for concessions from management explicit- ly prohibits employers from giving “any money or other thing of value” to unions. Mulhall’s original lawsuit, filed against UNITE HERE and Mardi Gras Gaming in 2008, argued that the infor- mation and assistance company officials were supposed to give UNITE HERE organizers was of substantial monetary value to the union. In fact, union officials admitted as much in a case they filed against Mardi Right to Work Foundation’s Charter School Initiative Takes Off Foundation Continues to Defend Indiana Right to Work Law Charitable Tax Planning Now for Future Benefits Union Bosses Set Forest Fire Captain’s Religious Rights Ablaze See BACKROOM UNION ORGANIZING, page 8 Gras seeking enforcement of the deal. “Organizing assistance that saves union operatives time and effort was definitely worth something to UNITE HERE bosses, which is why they com- mitted over a hundred thousand dol- lars to pass a gambling initiative at the company’s behest,” continued Mix. “That’s legalized bribery, and it’s out- lawed by the Labor Management Relations Act.” Obama Administration intervenes for Big Labor In their precedent-setting decision, a panel of the Eleventh Circuit agreed with Mulhall’s argument, ruling that organizing assistance can be an unlaw- ful “thing of value.” Union lawyers sub- sequently petitioned the full court to rehear the case, a petition that the Foundation attorneys beat the Obama Department of Labor, Department of Justice, and NLRB in court to win a precedent that will help stop union card check deals. Hawaii Hotel Workers Hit Scofflaw Union with Federal Charges

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June/July 2012 Foundation Action

Transcript of June/July 2012 Foundation Action

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Worker’s Suit Stops UnionBosses from ForcingEmployees to Pay Full Dues

IN THIS ISSUE

Vol. XXXIV, No. 3 8001 Braddock Road • Springfield, Virginia 22160 www.nrtw.org June/July 2012

The bi-monthly newsletter of the National Right to Work

Legal Defense Foundation, Inc.

Foundation BackroomOrganizing Case DealsBlow to LegalizedUnion Bribery SchemeAppeals Court rejects ObamaAdministration’s arguments forunion deal-makingHOLLYWOOD, FL - The United StatesCourt of Appeals for the EleventhCircuit just shot down the ObamaAdministration’s attempt to undo aprecedent-setting Right to WorkFoundation legal victory against a localunion.

The protracted legal challenge wasinitiated by Hollywood, Florida-basedMardi Gras Gaming employee MartinMulhall, who is receiving free legalassistance from Foundation attorneys.

In 2004, Mardi Gras entered into apact with UNITE HERE Local 355union officials. The company agreed tohand over employees’ personal contactinformation (including home address-es), grant union operatives access tocompany facilities for the purpose oflaunching a coercive card check cam-paign, and refrain from speaking aboutthe downsides of unionization. Inreturn, UNITE HERE officials spentover one hundred thousand dollars inunion cash to support a gambling ballotinitiative and guaranteed not to picket,boycott, or strike Mardi Gras facilities.

“Backroom organizing deals betweencompany officials and unscrupulousunion organizers aren’t exactly new, butthe cynicism of this agreement shocked

even us,” said Mark Mix, President ofthe National Right to Work Foundation.

Union organizing deal waslegalized bribery

Federal law aimed at preventingunion officials from agreeing to under-mine workers’ rights in exchange forconcessions from management explicit-ly prohibits employers from giving “anymoney or other thing of value” tounions. Mulhall’s original lawsuit, filedagainst UNITE HERE and Mardi GrasGaming in 2008, argued that the infor-mation and assistance company officialswere supposed to give UNITE HEREorganizers was of substantial monetaryvalue to the union.

In fact, union officials admitted asmuch in a case they filed against Mardi

Right to Work Foundation’sCharter School InitiativeTakes OffFoundation Continues toDefend Indiana Right to WorkLawCharitable Tax Planning Nowfor Future Benefits

Union Bosses Set Forest FireCaptain’s Religious RightsAblaze

See BACKROOM UNION ORGANIZING, page 8

Gras seeking enforcement of the deal. “Organizing assistance that saves

union operatives time and effort wasdefinitely worth something to UNITEHERE bosses, which is why they com-mitted over a hundred thousand dol-lars to pass a gambling initiative at thecompany’s behest,” continued Mix.“That’s legalized bribery, and it’s out-lawed by the Labor ManagementRelations Act.”

Obama Administrationintervenes for Big Labor

In their precedent-setting decision, apanel of the Eleventh Circuit agreedwith Mulhall’s argument, ruling thatorganizing assistance can be an unlaw-ful “thing of value.” Union lawyers sub-sequently petitioned the full court torehear the case, a petition that the

Foundation attorneys beat theObama Department of Labor,Department of Justice, and NLRB incourt to win a precedent that willhelp stop union card check deals.

Hawaii Hotel Workers HitScofflaw Union with FederalCharges

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Union dues deductionauthorizations were illegal

Under Virginia’s popular Right toWork law, no worker can be required tojoin or pay dues or fees to an unwantedunion. Under federal labor law, employ-ees can revoke their dues deductionauthorizations only once a contract endsor during a small window of time whenunion and company officials agree toallow them to exercise their right to doso. Otherwise, workers who refrainfrom union membership can still beforced to pay union dues while theirdues deduction authorizations are ineffect – even in Right to Work states.

As if federal law wasn’t already biasedenough in pushing workers to pay duesto union bosses, Verizon and CWALocal 2205 negotiated a contract thatexplicitly stated that a dues deductionauthorization can only be revoked dur-ing the 14 days leading up to theanniversary of when a contract wassigned.

“After Cassell and her coworkersrevoked their dues deduction authoriza-tions, CWA union officials argued that

Rev. Fred Fowler Chairman, Board of TrusteesReed Larson Executive Committee ChairmanPatrick 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

Verizon employees resigned from theCWA union and its affiliate Local 2205and revoked their dues deductionauthorizations – documents used byunion officials to automatically collectdues from employees’ paychecks – whilethe union did not have a contract attheir workplaces.

NEWPORT NEWS, VA – With freelegal assistance from the National Rightto Work Foundation, a courageousVerizon worker has won a settlementfrom the company and local union offi-cials affecting workers across the Mid-Atlantic region.

Late last summer, in the heat of tensenegotiations over an expired contract,Communications Workers of America(CWA) union bosses in the Northeastand the Mid-Atlantic ordered Verizonemployees to strike.

The strike ignited highly-publicizedand contentious incidents betweenstriking union goons and companyemployees who continued to work.Union militants cut phone, internet, andcable lines and intimidated workers whostayed on the job. Most famously, oneunion partisan ordered his youngdaughter to stand before a movingVerizon truck staffed by Verizon work-ers who refused to leave their jobs tocontinue to provide for their families.

Upset by CWA union officials’ strikeorder and unwilling to walk off theirjobs, Williamsburg-area Verizon workerMonika Cassell and several other

Worker’s Suit Stops Union Bosses from Forcing Employees to Pay Full Dues

Verizon worker refused to leave job during highly-publicized strike

A union militant was caught on video using his daughter to stop an oncom-ing Verizon truck while hurling expletives at the driver during a recent strike.

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from paying union dues. The pro-forced unionism NLRB quickly dis-missed Cassell’s charges, concocting anincorrect interpretation of a federallabor law not under their jurisdiction.

Meanwhile, spineless Verizon offi-cials and CWA union bosses agreed to acontract that retroactively applies to thetime no contract was in effect – a blatantattempt to force workers who exercisedtheir right to refrain from dues payingunion membership to pay full uniondues again.

Undeterred, Cassell and Foundationattorneys then filed a lawsuit in federaldistrict court.

Federal lawsuit forcessettlement

After seeing the writing on the wall,Local 2205 and Verizon officials finallycaved, agreeing to a settlement to avoidfederal court.

The settlement requires Verizon andunion officials to return all illegally-seized union dues and fees with interest

because no contract was in effect, thereis no 14 day window period and there-fore the workers’ must continue to payfull union dues,” explained NationalRight to Work Foundation LegalDirector Ray LaJeunesse. “In theory, aslong as CWA union and Verizon offi-cials did not negotiate a contract, work-ers who wanted to revoke their duesdeduction authorizations while no con-tract was in place could be forced to payfull union dues indefinitely.”

At the behest of CWA union bosses,weak-kneed Verizon officials continuedto confiscate full union dues fromCassell and her coworkers despite theirattempts to opt out.

Worker fights back;Verizon sells out workers

Cassell contacted the National Rightto Work Foundation and filed unfairlabor practice charges with the NationalLabor Relations Board (NLRB) againstthe CWA union, its Local 2205, andVerizon for ignoring her right to refrain

to Cassell. But most significantly, thesettlement requires CWA Local 2205union officials to acknowledge the revo-cation of all workers’ dues deductionauthorizations during the strike and insimilar situations in the future for allworkers in the bargaining unit, affectingVerizon workers in Virginia;Washington, D.C.; Maryland; and WestVirginia.

“It is indefensible that workers whoexercised their right to resign theirunion membership and continued towork to support their families had toresort to a federal lawsuit after theirrights were blatantly violated,” saidMark Mix, President of National Rightto Work. “Although Foundation attor-neys have won a full capitulation fromVerizon and CWA union officials in thiscase, CWA operatives continue to useillegal dues deduction authorizationsthat prevent other workers from exercis-ing their statutory right to refrain fromfull union dues payments when a unioncontract is not in effect. I encourageemployees in similar straits to contactour legal team immediately.”

The NationalRight toWork LegalD e f e n s eFoundationr e c e n t l yhired NathanMcGrath, anative ofPit tsburgh,

Pennsylvania, as the latest additionto its legal staff. McGrath is anactive member of the Bar of theCommonwealth of Pennsylvania anda 2010 graduate of the RegentUniversity School of Law in VirginiaBeach, Virginia.

As the newest of the Foundation’s12 staff attorneys, McGrath will helpbuild on the Foundation’s litigationrecord for union-abused workers that

includes 15 cases at the U.S.Supreme Court. Currently, NationalRight to Work Foundation attorneysrepresent thousands of workers innearly 200 active cases nationwide.

Before joining the Foundation,McGrath was an Associate Attorneyfor Lawlor & Lawlor, P.C., inPittsburgh, Pennsylvania and servedas an intern for the HonorableRobert J. Humphreys, a VirginiaCourt of Appeals judge. Prior tostarting his legal career, McGrathworked at the National Right to WorkCommittee, advocating for legisla-tion across the country to roll-backBig Labor’s forced unionism powers.

Additionally, McGrath spent sever-al years as a legislative assistant forU.S. House Representative DonaldA. Manzullo (IL-16), during which

time he handled Rep. Manzullo’slabor policy, in addition to other poli-cy issues.

While at Regent, McGrath partici-pated in a variety of organizations.He was the Symposium & SeniorEditor of the Regent University LawReview and Vice Chairman of theTrial Advocacy Board. He also holdsa bachelor’s degree inCommunications with a minor inBusiness from Grove City College,where he graduated in 2004.

He enjoys spending time with hisfamily, including his wife and daugh-ter, coaching soccer, and travelling.

McGrath brings energy and dedi-cation to the mission of defendingindividual liberty against the injus-tices of compulsory unionism in theworkplace.

Spotlight on . . . Nathan McGrath, Staff Attorney

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Right to Work Foundation’s Charter School Initiative Takes OffFoundation publishes book educating charter school teachers and employees about their rights

SPRINGFIELD, VA - Late last year, ateacher union boss declared online that“[C]harter schools are not going awaydespite 20 years of protesting… It istime to ‘get in the game’ and make itours.”

Union bosses are definitely living bythe creed “If you can’t beat them, con-quer them” when it comes to charterschools. And that is why the NationalRight to Work Foundation’s newCharter School Initiative is so impor-tant.

The new initiative is geared towardeducating charter school teachers andsupport personnel about their rightsand helping them exercise those rightsin a time of need. Foundation legal staffhave already fielded calls from con-cerned charter school employees fromacross the country.

Meanwhile, major media outlets andeducation reporters are taking noticeand Foundation staff have alreadyreceived numerous inquiries about theFoundation’s new initiative.

Foundation attorneys recently pub-lished a new 94-page book aimed ateducating charter school workers abouttheir rights and are working diligentlyto provide the books free of charge tocharter school employees who needthem. The book is also available onlineat the Foundation’s website.

“Concerned parents and taxpayersare waking up to the detrimental effectteacher union monopoly bargainingpower has on the educational attaint-ment of the next generation ofAmericans. Consequently, more areopting for alternative means of educa-tion,” stated Mark Mix, President ofNational Right to Work. “And nowunion bosses, who have already proventhey hate competition, have set theirsights on charter school teachers andemployees. But they will not succeedwithout a fight from independent-minded workers.”

“The Foundation’s charter school ini-tiative provides charter school workerswith the tools necessary to fight back

against Big Labor’s newest scheme tocoopt them,” added Mix. “And thanks tothe support of concerned citizens likeyou, charter school teachers andemployees will have someone in theircorner when the going gets tough”

Both Brubaker and Richards areemployed in workplaces where a forceddues contract remains in place between

SPRINGFIELD, VA – As a union-backed legal onslaught against Indiana’snew Right to Work law continues apace,Right to Work staff attorneys aredefending worker freedom in statecourt. With free legal aid provided bythe National Right to Work Foundation,two Indiana workers – David Brubakerand Douglas Richards – submitted anamicus curiae brief to protect their Rightto Work.

Brubaker and Richards are respond-ing to an anti-Right to Work lawsuitfiled by United Steel Workers (USW)lawyers in April. The USW legal com-plaint makes a number of dubiousclaims about Indiana’s new law, includ-ing an argument that unions have aConstitutional right to force workers topay for their unwanted services.

their employers and the USW.Consequently, both workers are stillforced to pay union dues just to keeptheir jobs, despite the fact neitherbelongs to the union nor sought theunion’s so-called “representation.”

Although Indiana’s recently-enactedRight to Work law states that noemployee can be required to pay uniondues as a condition of employment,forced dues contracts between unionsand employers entered into before theeffective date of the law remain in forcethroughout the state.

According to Brubaker and Richards,monopoly bargaining agreements thatforce nonunion employees to subsidizeunion activities – such as the agree-ments to which both workers are cur-rently subject – infringe on their First

Foundation Continues to Defend Indiana Right to Work LawShameless union lawyers equate Right to Work with “slavery”

A new Foundation booklet is aimedat helping Charter School teachersprotect their rights.

After losing the legislative battle,union lawyers have turned to thecourts to protect their forced dues.

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Amendment rights to freedom ofspeech and freedom of association.Brubaker and Richards have no desire toaffiliate with the USW union or con-tribute financially to union activities,and Indiana’s new Right to Work lawwill free them from those obligations assoon as their employers’ current con-tracts with the USW union expire.

Union operatives say Rightto Work equals slavery

In an Orwellian twist, another unionlegal challenge – this one fromInternational Union of OperatingEngineers (IUOE) bosses – claims thatstate Right to Work laws violate the 13thAmendment to the U.S. Constitution,which outlawed slavery. According toIUOE lawyers, requiring dues-payingunion members to work alongside non-dues paying workers is tantamount toforced servitude.

“Meanwhile, millions of unwillingworkers labor under monopoly bargain-ing contracts that force them to payunion dues just to keep their jobs,”noted Patrick Semmens, Vice Presidentof the National Right to WorkFoundation.

Unsurprisingly, the same union facesa series of unfair labor practice chargesfor violating workers’ rights. Mostrecently, Foundation attorneys helpedDavid Bercot file charges against theIUOE for refusing to provide him withany information about IUOE expendi-tures. Like Brubaker and Richards,Bercot will continue laboring under amonopoly bargaining contract that pre-dates Indiana’s new Right to Work lawuntil the agreement expires. He is, how-ever, still entitled to information onunion financial expenditures and to optout of paying for union politics.

“If you believe union lawyers’ outra-geous arguments, giving workers achoice by ending union bosses’ forceddues regime is equivalent to slavery,”continued Semmens. “Not only doesthis give you an idea of union bosses’skewed worldview, it also demonstratesthe utter bankruptcy of their anti-Rightto Work arguments.”

Charitable Tax Planning Nowfor Future Benefits

There is much to consider when reviewing planned giving options for youand your family. One thing is for certain: tax consequences must be con-sidered when planning a charitable gift to the National Right to WorkFoundation.

With the Dow Jones Industrial Average back up to recent highs in the13,000 range, gifts of stocks and other appreciated securities holdrenewed attraction to many supporters. If you own stocks, mutual funds,or other securities that have increased in value since they were purchased,this may be the time to consider a gift to the Foundation.

Appreciated securities are subject to a capital gains tax when they aresold. Gifts of stock may be deducted in amounts totaling up to 30 percentof your AGI limit. If you decide to contribute a gift of securities (that youhave owned for more than one year) to the Foundation, the capital gainsare not taxable and you will receive a charitable tax deduction for the fullfair market value of the securities as of the date of the gift!

Please consider a gift of stock or mutual funds today. It is the best invest-ment you can make to the future work of the Foundation – and you willensure significant tax savings for you!

Shares of stock may be transferred directly to the Right to WorkFoundation’s investment account as follows:

If you are planning to transfer securities to the Foundation, please contact our PlannedGiving Department at 1-800-336-3600, Ext. 3303. Be sure to consult your own tax advisorto ensure that such a gift is right for you.

Donations of Stock or SecuritiesElectronic Transfer of Securities to:

Bank of America, N.A.100 W. 33rd Street

New York, NY 10001Beneficiary: Merrill Lynch

11951 Freedom Drive, 17th FloorReston, VA 20190

Routing (ABA) Number: 026009593DTC# 5198

Account # 6550113516C/O National Right to Work Legal Defense

and Education Foundation, Inc.Foundation Account #86Q-04155

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Because California does not have aRight to Work law, nonmember workerscan be forced to pay union dues andfees. However, employees who have asincere religious objection to supportinga union – regardless of church affiliation– may divert their compulsory uniondues to a mutually-agreed upon charityinstead.

Although union bosses often usestate law to turn down religious worker-s’ requests to divert forced dues to char-ity, it is more often the fact that workersdon’t even know they have that option inthe first place.

Union bosses often keep religiousworkers in the dark about their right toredirect their forced union dues to athird party charity. That’s why theNational Right to Work Foundation’slegal aid program focuses on dissemi-nating information about workplacerights to religious institutions and pro-tecting employees’ religious freedom ofconscience in the workplace.

“If someone has a sincere religiousobjection to supporting a union, his orher rights should be respected by thestate of California” continued Mix.“Protecting employee freedom of con-science is one of our core missions, butuntil California passes a Right to Worklaw, workers like John Valentich willhave to resort to lengthy litigation toprotect their religious freedom fromunscrupulous union bosses.”

SUSANVILLE, CA – With free legalassistance from National Right to WorkFoundation attorneys, a CaliforniaDepartment of Forestry (CalFire) firecaptain has filed a religious discrimina-tion charge against the CaliforniaDepartment of Forestry Firefighters(CDFF) union for violating his statutoryright to refrain from paying forcedunion dues to support a union hierarchyinvolved in activities he considersimmoral.

Susanville firefighter John Valentichfiled the charge against the CDFF unionwith the California Department of FairEmployment and Housing and theEqual Employment OpportunityCommission located in San Francisco.

Union officials and stateplay God with firefighter’srights

The situation ignited when Valentich,who attends an Evangelical Free Churchand has sincere religious beliefs whichbar him from joining or paying moneyto the CDFF union, asked union offi-cials for a religious accommodation thatwould allow him to redirect his unionfees to a mutually agreed-upon charity.Valentich objects to the union hierar-chy’s support for abortion and gayrights.

Despite Valentich’s sincere religiousbeliefs, the union’s lawyer told him thathe was not a member of a churchauthorized for accommodation byCalifornia law, and therefore he was notentitled to an accommodation.

“I was very disappointed,” lamentedValentich, who has over 24 years of serv-ice with CalFire. “In the fire service weare trained to protect life first, property,and then the natural resources of thestate of California… It seems the unionignores the life part if it doesn’t fit withtheir agenda.”

Valentich turned to the NationalRight to Work Legal Foundation forhelp.

“I stumbled across the Right to WorkFoundation when I was doing researchabout Right to Work states and foundthe website,” said Valentich. “My expe-rience with the Right to WorkFoundation has been very positive…[Foundation attorneys have] been veryhelpful and I appreciate [them] for that.”

“The state essentially empoweredunion officials to determine whose reli-gious rights were fire proof and whosego up in smoke,” stated Mark Mix,President of the National Right to WorkFoundation. “It is outrageous thatunion officials and state bureaucrats getto decide which religions are state-approved and which are not.”

Right to Work law servesas religious discriminationfirebreak

Title VII of the Civil Rights Act for-bids discrimination against religiousemployees and requires companies andunions to attempt to reasonably accom-modate employees’ sincerely-held reli-gious beliefs. The obligation to accom-modate applies to the payment of com-pulsory union fees, as no employeeshould be forced to fund a union thatengages in activities that offend theirreligious convictions.

Union Bosses Set Forest Fire Captain’s Religious Rights AblazeUnion officials hide abusive practices behind state-sanctioned smokescreen

Unscrupulous union bosses torched a California firefighter’s religious rightsto collect more forced dues for their political agenda.

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paying for things that support theunion’s politicalagenda,” saidSuzuki. “You havean absolute rightnot to join aunion. Even inn o n - r i g h t - t o -work states, youcan’t be forced tojoin a union to getor keep a job.”

Shocked by theunion’s brazendisregard for fed-eral law, all threeemployees turned to the National Rightto Work Foundation for help.

Hawaii hotel union has ahistory of abusing workers’rights

Unfortunately, this latest episode didnot come as a surprise to Foundation lit-

HONOLULU, HI – With the help ofNational Right to Work Foundationstaff attorneys, three Honolulu-basedhotel workers are holding union officialsaccountable for illegally forcing non-member employees to subsidize unionpolitical lobbying and strikes.

Grant Suzuki, Daryl Sakugawa, andSteven Taono are employed at three dif-ferent Honolulu hotels. All threeemployees are also subject to a monop-oly bargaining agreement between theiremployers and the UNITE HERE Local5 union, an agreement that requiresthem to pay union dues just to keeptheir jobs.

Because Hawaii is not one of the 23Right to Work states that guaranteeworkers a free choice when it comes tounion membership and dues payment,employees can be required to pay part ofdues or fees to a union as a condition ofemployment. Thanks to theFoundation-won CommunicationWorkers v. Beck Supreme Court case,however, nonmember employees cannotbe forced to pay for union activities out-side the scope of workplace bargaining,such as union politics or members-onlyactivities.

“In this case, UNITE HERE unionbosses ignored the law to extract forceddues for politics from nonunionemployees,” said Patrick Semmens, VicePresident of the National Right to WorkFoundation.

Union books reveal illegaldues-collection racket

In December 2011, UNITE HEREofficials sent Suzuki and Taono a legally-required breakdown of union expendi-tures. Sakugawa received similar docu-ments in March 2012. In both cases, theunion’s books showed that nonunionworkers were being charged for a varietyof activities unrelated to workplace bar-gaining, including a union strike fundand UNITE HERE political lobbying.

“There is a Supreme Court precedentthat allows nonunion members to avoid

igators. UNITE HERE Local 5 has a longhistory of ignoring nonunion employ-ees’ rights.

Suzuki has repeatedly clashed withunion officials, filing successful unfairlabor practice charges in 2008 to forceUNITE HERE operatives to return ille-gally-seized union dues. Suzuki hassince been targeted by union officials forharassment because he informed hiscoworkers of their rights to opt out ofunion dues, resign their union member-ship, and continue working duringunion-instigated strikes.

“I was paying close to $1,000 [a year]in annual dues. After I won that case, Istarted paying about $100 [a year],” saidSuzuki, explaining his decision to leavethe union and opt out of paying fulldues. “I didn’t want to pay for the thingsthat I’m not obligated to pay for, like giv-ing money to political candidates, pic-nics, and trips.”

Aloha State Right to Worklaw is the only solution

Despite UNITEHERE’s troubled his-tory, Suzuki,Sakugawa, and Taonocan still be forced topay union dues tokeep their jobs. UntilHawaii adopts a Rightto Work law, similararrangements willremain in placethroughout the state’spopular hospitalityindustry.

“Considering their track record, Idon’t think this is the last we’ll hear fromLocal 5’s scofflaw union bosses,” contin-ued Semmens. “Employees shouldn’thave to resort to years of litigation toprotect their hard-earned paychecks,which is why a Hawaii Right to Worklaw – making union dues and member-ship completely voluntary – is the bestway to protect workers from these abus-es.”

Hawaii Hotel Workers Hit Scofflaw Union with Federal ChargesNonunion employees were forced to subsidize union politics, strikes

Trouble in paradise: Aloha Statehotel employees were forced to sup-port union lobbying just to keeptheir jobs.

“I didn’t want to pay forthe things that I’m not

obligated to pay for, likegiving money to politi-

cal candidates.”

Page 8: June/July 2012 Foundation Action

Dear Foundation Supporter,

It’s a classic David versus Goliath story.

Your Foundation versus the multi-billion dollar Big Labor machine – backedby its army of union lawyers – joined by the Obama National Labor Relations Board(NLRB), Department of Labor, and Department of Justice, all using your tax dollarsto push for more forced unionism powers.

Outmanned, outgunned, and with only a fraction of the resources of BigLabor and its Obama Administration allies, the Right to Work Foundation still con-tinues to win significant victories for American workers.

As you may have read in this issue of Foundation AAccttiioonn, Foundation attor-neys staved off an attempt by union lawyers and the Obama Administration to strikedown a worker’s precedent-setting victory.

The very fact that the Obama Administration swooped in with a failedattempt to save the day for union bosses shows just how important this case is in thefight to protect independent-minded workers from the injustices of forced unionism.

Undeterred, the billion dollar Big Labor machine relentlessly seeks to seize controlover more American workers in the private and public sectors, including in ourschools (with new efforts aimed at charter schools). And the Obama Administrationis more eager than ever to assist the union bosses in any way possible.

While Big Labor is backed by the billions of forced dues taken from hard-workingAmericans, and the Obama Administration is backed by billions more of taxpayers’dollars, your Foundation attorneys will continue to tirelessly defend liberty on a rela-tively tiny budget derived entirely from the voluntary contributions of generous sup-porters like you.

Against all the odds you have helped accomplish great things. And we didn’t evenneed a slingshot and five stones.

Thank you for helping us. Keep up the good fight.

Sincerely,

Mark Mix

8 Foundation Action June/July 2012

Message from Mark MixArmy Wives

continued from page 1

PresidentNational Right to WorkLegal Defense Foundation

appellate court denied. Obama Justice and Labor

Department officials, along with con-troversial National Labor RelationsBoard (NLRB) Acting General CounselLafe Solomon, filed an amicus curiaebrief supporting the union lawyers’position.

Now that the Appeals Court hasdecided that the organizing assistanceUNITE HERE received can be a “thingof value,” the case has been remanded toFederal District Court to be decided onthe merits. Even if Mulhall loses inDistrict Court, Foundation attorneysbelieve that the precedent establishedby the Eleventh Circuit could preventfuture backroom organizing dealsbetween companies and union opera-tives that undermine workers’ rights.

“Union bosses and the ObamaAdministration have failed to roll backa major, precedent-setting victory thatbreathes new life into a long-neglectedsection of the Labor ManagementRelations Act,” concluded Mix. “Thecourt’s decision will help us protectemployees from being victimized bybackroom deals between managementand union organizers.”

Foundation Fights BackroomUnion Organizing

Newsclips Requested

The Foundation is always onthe lookout for articles on

union malfeasance, corruption,and violence.

Please clip any stories thatappear in your local paper

and mail them to:

NRTWLDFAttention: Newsclip Appeal

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Supporters can also emailonline stories to [email protected]