Workers already receiving $1,000+ refunds, Labor Board says that union officials used illegal barriers to prevent workers from ending dues payments
Detroit, MI (December 10, 2020) – In response to federal charges filed by three employees of Rieth-Riley Construction Company, the National Labor Relations Board (NLRB) Region 7 in Detroit has just hit the International Union of Operating Engineers (IUOE) Local 324 union with a second consolidated complaint for using unlawful resignation and revocation requirements to trap employees in unwanted membership and dues payments. The three employees are receiving free legal aid from the National Right to Work Legal Defense Foundation.
Absent settlement, the case will now go before an NLRB Administrative Law Judge. NLRB Region 7’s complaint comes as IUOE union bosses appear to be hurriedly refunding illegally-seized dues to workers, possibly to avoid further litigation on the issue. While the NLRB case to prosecute the union continues, some workers who had ended their memberships as early as 2019 are already reporting receiving checks from the union of up to four-figure sums, apparently to refund illegally-seized money, most likely in response to the Foundation-backed litigation.
The NLRB complaint consolidates the cases of Rieth-Riley employees Jesse London, Rob Nevins, and John Shipkosky, who each charged the union this year with ignoring their letters exercising their right to resign from the union and to stop any dues deductions. The complaint specifically says that union officials illegally required dues authorization revocations to be submitted by registered or certified mail, and additionally failed to inform employees that “revocation is effective at any time upon the expiration of” the union’s monopoly bargaining contract.
According to the complaint, the union’s enforcement of these restrictions violated their and their coworkers’ right to refrain from union activities guaranteed by the National Labor Relations Act (NLRA). The complaint now seeks a ruling from an NLRB Administrative Law Judge that will order union officials to “[m]ake whole any affected employees, for any financial loss” that resulted from the union’s illegal dues deduction scheme.
NLRB Region 7’s consolidated complaint also comes just weeks after Rieth-Riley employees submitted an emergency appeal in support of their effort to vote IUOE Local 324 bosses out of their workplace. They are challenging Region 7’s November 9 decision to suppress the ballots just hours before they were scheduled to be tallied, due to unverified charges IUOE bosses made against Rieth-Riley management. Foundation attorneys argue in the workers’ appeal that Region 7’s decision ignores new NLRB rules that require that employee votes be counted before such charges are dealt with.
“Operating Engineers union bosses were caught red-handed illegally seizing dues from Rieth-Riley workers in violation of their rights. Returning those ill-gotten funds is just the first step to fully vindicate the rights of IUOE’s victims,” commented National Right to Work Foundation President Mark Mix. “Foundation staff attorneys are proud to stand with the hardworking men and women of Rieth-Riley, including in their effort to have their votes counted to free themselves from unwanted union so-called ‘representation.’”