Right to Work Battles to Rein in Obama NLRB

Right to Work Battles to Rein in Obama NLRB

Mark Mix: President Barack Obama is jeopardizing the very constitutional balance of the United States in order to pay off his union benefactors. But Right to Work officers and supporters are fighting back. Credit: Fox News Legislative Challenge to 'Ambush' Election Scheme Now Pending (source: National Right To Work Committee March 2012 Newsletter) On Capitol Hill, in federal court, and at the National Labor Relations Board (NLRB), Right to Work proponents are now helping spearhead efforts to stop the Obama Administration and Big Labor from dragooning hundreds of thousands, if not millions, of additional workers into forced-dues-paying ranks every year. President Barack Obama instigated his latest showdown with Right to Work proponents on January 4, when he installed three new members on the five-member NLRB through "recess appointments," despite the fact that the U.S. Senate was manifestly not in recess. "The phony 'recess' appointments to the NLRB that President Obama made at the beginning of this year illegally circumvented at least two sections of the U.S. Constitution," charged National Right to Work Committee President Mark Mix. "First, Article II, Section 2 grants to the chief executive the power to appoint 'officers of the United States,' but only 'by and with the advice and consent of the Senate.' "The Constitution makes it clear that only in cases when 'vacancies happen during recesses of the Senate' may the President make temporary 'recess' appointments to offices that normally require confirmation by Congress's upper chamber." President Claims Constitutional Definition of 'Recess' Can't Be Used to Limit His Power "Second, Mr. Obama and his Justice Department have attempted to justify his so-called 'recess' appointments by effectively asserting that it is the President's prerogative to declare that the Senate is in recess at any moment when the chamber is not actually conducting business," Mr. Mix continued. "But the constitutional definition of 'recess' in Article I, Section 5 contradicts this theory. That's why the White House is now contending this provision can't be used to restrict the President's appointment power."
Rep. Darrell Issa Confronts Big Labor's Refusal to Abide by Law

Rep. Darrell Issa Confronts Big Labor's Refusal to Abide by Law

Perhaps if journalists weren't union members or weren't signing recall petitions against Gov. Scott Walker, we would see more information about Rep. Darrell Issa's report on how workers are being left in the dark about their rights not to join a union and in some cases are threatened to pay union dues.  Thankfully PJ Media has the story: PJ Media has reported on incidents of workers residing in states without “right-to-work” laws being forced to unionize in order to keep their jobs. In some instances, workers have been forced to unionize simply to care for disabled family members. An additional angle to this story: unions have been misappropriating those dues to skirt laws restricting a union’s ability to spend that money for political purposes. According to a report released by Rep. Darrell Issa (R-CA), unions spent more than $1.1 billion in dues to finance political and lobbying activities during the 2010 election cycle. In the 27 states which do not have “right-to-work” laws — which prohibit forced unionization — workers are allowed to resign their union membership, but must then pay so-called “agency fees” so that they are not “free riding” on the union members’ collective bargaining. However, federal law prohibits the use of agency fees to support political candidates and causes to which the non-member objects, and requires that portion of their fees to be refunded upon demand. According to the report, getting that money refunded is extremely difficult: Many workers are intentionally left unaware of their rights, and in some cases are subjected to a campaign of threats and extortion. Additionally, because unions do not have to submit agency fee determinations to an independent auditor, unions can get around a worker’s Beck right by inaccurately categorizing almost all union expenditures as representational expenses.
Rep. Darrell Issa Confronts Big Labor's Refusal to Abide by Law

Rep. Darrell Issa Confronts Big Labor's Refusal to Abide by Law

Perhaps if journalists weren't union members or weren't signing recall petitions against Gov. Scott Walker, we would see more information about Rep. Darrell Issa's report on how workers are being left in the dark about their rights not to join a union and in some cases are threatened to pay union dues.  Thankfully PJ Media has the story: PJ Media has reported on incidents of workers residing in states without “right-to-work” laws being forced to unionize in order to keep their jobs. In some instances, workers have been forced to unionize simply to care for disabled family members. An additional angle to this story: unions have been misappropriating those dues to skirt laws restricting a union’s ability to spend that money for political purposes. According to a report released by Rep. Darrell Issa (R-CA), unions spent more than $1.1 billion in dues to finance political and lobbying activities during the 2010 election cycle. In the 27 states which do not have “right-to-work” laws — which prohibit forced unionization — workers are allowed to resign their union membership, but must then pay so-called “agency fees” so that they are not “free riding” on the union members’ collective bargaining. However, federal law prohibits the use of agency fees to support political candidates and causes to which the non-member objects, and requires that portion of their fees to be refunded upon demand. According to the report, getting that money refunded is extremely difficult: Many workers are intentionally left unaware of their rights, and in some cases are subjected to a campaign of threats and extortion. Additionally, because unions do not have to submit agency fee determinations to an independent auditor, unions can get around a worker’s Beck right by inaccurately categorizing almost all union expenditures as representational expenses.
SEIU Rigs Card Check Vote

SEIU Rigs Card Check Vote

From The National Right To Work Legal Defense Foundation release: SEIU and Hospital Officials Hit With Federal Charges for Rigging Union Card Check 'Vote' Union organizers enter into corrupt agreement with hospital to force healthcare workers into union ranks using coercive card check tactics Orange, California (February 13, 2012) – A healthcare worker has filed federal charges against a major healthcare union and hospital officials for illegally rigging a union organizing "vote" and then forcing workers to accept an unwanted union in the workplace. With free legal assistance from the National Right to Work Foundation, Marlene Felter of Costa Mesa filed the charges with the National Labor Relations Board (NLRB). Service Employees International Union (SEIU) Healthcare Workers West union officials and Chapman Medical Center management entered into a backroom deal known as a so-called "neutrality agreement" designed to grease the skids for workers to be forced into union ranks. In the agreement, company officials granted union operatives access to company facilities to conduct a coercive "card check" organizing campaign, and waived the right to have a federally-supervised secret ballot election to determine whether employees wished to be unionized. Union organizers frequently use "card check" organizing tactics to bribe, browbeat, or cajole workers into forced-union-dues payments against their will.
NRTW Attorneys Prepared for Big Labor's Desperate Court Challenges in Indiana

NRTW Attorneys Prepared for Big Labor's Desperate Court Challenges in Indiana

From the National Right To Work Legal Defense Foundation: Washington, DC (February 2, 2012) – The National Right to Work Foundation announced today that it is launching a legal task force aimed at protecting Indiana’s newly-enacted Right to Work law. Union officials publicly floated the idea of challenging the law in Indiana's courts before the law was even passed by the Indiana state senate. Indiana is the nation's 23rd Right to Work state after the state senate passed the bill and Governor Mitch Daniels signed the bill into law on Wednesday. Foundation attorneys have successfully defended state Right to Work laws in the past, including Oklahoma's. The task force has already examined reported union lines of attack and determined that Indiana’s Right to Work law is on sound legal ground.
NRTW Attorneys Prepared for Big Labor's Desperate Court Challenges in Indiana

NRTW Attorneys Prepared for Big Labor's Desperate Court Challenges in Indiana

From the National Right To Work Legal Defense Foundation: Washington, DC (February 2, 2012) – The National Right to Work Foundation announced today that it is launching a legal task force aimed at protecting Indiana’s newly-enacted Right to Work law. Union officials publicly floated the idea of challenging the law in Indiana's courts before the law was even passed by the Indiana state senate. Indiana is the nation's 23rd Right to Work state after the state senate passed the bill and Governor Mitch Daniels signed the bill into law on Wednesday. Foundation attorneys have successfully defended state Right to Work laws in the past, including Oklahoma's. The task force has already examined reported union lines of attack and determined that Indiana’s Right to Work law is on sound legal ground.
Big Labor Persuasion: Union officials used video cameras in changing rooms, accessed lockers, and resorted to verbal abuse

Big Labor Persuasion: Union officials used video cameras in changing rooms, accessed lockers, and resorted to verbal abuse

Hotel Officials, Union Bosses Hit With Multiple Federal Labor Board Charges for Abusive Organizing Tactics Union organizers verbally abuse Marriott employees and spy on workers in changing rooms after striking backroom deal with company officials New York, NY (January 19, 2012) – A group of New York City Marriott (NYSE: MAR) employees – acting on behalf of their coworkers – have filed federal charges against the company and a local union for workplace intimidation and harassment. The three SoHo Marriott employees filed the charges at the National Labor Relations Board (NLRB) with free legal assistance from National Right to Work Foundation attorneys. New York Hotel & Motel Trades Council Local 6 union organizers entered into a backroom deal with company officials that allows union organizers unfettered access to the employees in order to install a union in the workplace. Abusing this privilege, union organizers are attempting to browbeat the workers into supporting the union through a prolonged campaign of intimidation and harassment.  Meanwhile, company officials deny workers’ attempts to meet on company grounds. Union officials have used video cameras in employee changing rooms, accessed employee lockers and handled employees’ personal possessions, and have even resorted to verbal abuse.  Union officials even took photographs of a female employee without her consent while she was changing her uniform in an employee changing room.
NRTW Attorneys Win Victory Against 'Army Wives' Teamsters

NRTW Attorneys Win Victory Against 'Army Wives' Teamsters

Union policies prevented nonunion employees from finding work on ABC’s Army Wives television show From The National Right To Work Legal Defense Foundation: Washington, DC (December 19, 2011) – The National Labor Relations Board (NLRB), the federal agency charged with administering most private sector labor law, has upheld an Administrative Law Judge’s decision awarding over $55,000 in back pay to a television employee who was discriminated against by Teamster officials. The Board’s ruling stems from unfair labor practice charges filed by Thomas Coghill, an ABC driver who received free legal assistance from National Right to Work Foundation staff attorneys. Teamster Local 509 union officials are party to a monopoly bargaining agreement with ABC in Charleston, South Carolina that forces workers to go through the union’s hiring hall to get a job with the studio. Because Local 509 union members were working on other sets when production of Army Wives started, Thomas Coghill – a member of a different Teamster local – was hired as a makeup driver during the show’s first two seasons. As more Local 509 members became available to work on Army Wives, a dispute arose among various Teamster officials over who should be eligible to work on the program. Coghill was eventually removed from Local 509’s “Movie Referral List” because he did not belong to Local 509 while its members continued to receive preferential access to jobs on the set of Army Wives. Coghill responded to Local 509’s biased hiring procedure by filing unfair labor practice charges against the union on the grounds that federal labor law prohibits union officials from discriminating against nonunion employees. National Right to Work Foundation staff attorneys subsequently persuaded an Administrative Law Judge to award Coghill over $55,000 in back pay. Union lawyers unsuccessfully appealed the ruling to the NLRB, which has now affirmed the judge’s decision in its entirety.