National Right to Work Legal Defense Foundation

Are Obama's NLRB Appointments Constitutional?

NLRB logoRepublican objections to President Obama's temporary appointments last week to the National Labor Relations Board (NLRB) haven't been unexpected. The board, by law, must consist of three members of one major party and two of the other. And so long as he remains in the White House, Democrats will enjoy an automatic majority. But at least two appointments may also be unconstitutional, say critics. That's because the president's referrals to the Senate of the two Democratic nominees, Sharon Block and Richard Griffin, were made during a period in which senators were not on official recess.

UFCW Member in Maryland Sues Labor Department; Seeks Transparency

Labor Secretary Hilda SolisA union normally is about the last place anyone would look to find someone pressuring the U.S. Department of Labor (DOL) to more aggressively scrutinize union financial reporting. Yet a member of a public employee local in Maryland is doing just that. And he's gone to court, too. Meet Chris Mosquera, a member of Local 1994 of the United Food and Commercial Workers (UFCW), which represents municipal and county government workers in suburban Montgomery County, Md. This May, Mosquera filed suit in District of Columbia federal court against Labor Secretary Hilda Solis (see photo).

Right to Work Group Files Lawsuit Calling for Labor Department Disclosure

Labor Secretary Hilda SolisLike any cabinet-level agency, the U.S. Department of Labor under the Obama administration has its share of political cronies. And the department has given more than a few indications that it intends to remake DOL into a vehicle for union advocacy. The National Right to Work Legal Defense Foundation (NRTW) for the past year has sought the full story. It's one of the less publicized aspects of the apparent lack of accountability in the current administration. This past December, attorneys for the Springfield, Va.-based foundation filed a lawsuit in U.S. District Court demanding the Labor Department release information in response to a Freedom of Information Act (FOIA) request NRTW had filed last April seeking facts about lobbying and other activities by Labor Secretary Hilda Solis (see photo) and other ranking officials. Raising further the distinct possibility that the DOL has not complied with the law is a recent article in the Washington Times summarizing how the Obama administration has gutted as many union transparency rules as possible.

Obama Rolls Back Union Disclosure; Gives Green Light to Corruption

Solis photoIf transparency is one of the Obama administration's highest orders of business, it hasn't made much of an appearance at the Department of Labor (DOL). On January 20, immediately following the inauguration ceremony, President Obama's chief of staff, Rahm Emanuel, issued a memorandum advising federal agencies to extend by 60 days the effective date of all regulations not yet published in the Federal Register. That gave the DOL under Secretary Hilda Solis exactly the wiggle room it needed to rescind new requirements to the annual financial reporting form for larger unions, LM-2, finalized during the waning days of the Bush administration.

Unions Appeal OK Right to Work Ruling

Union lawyers have filed an appeal at the U.S. Court of Appeals for the Tenth Circuit to overturn Oklahoma's new Right to Work Law, a measure making union membership voluntary while creating new jobs.  "The decision to file an appeal is another slap in the face to the voters of Oklahoma who rejected the unions' cynical campaign of misinformation last fall," said Stefan Gleason, Vice President of the National Right to Work Foundation, whose legal-aid attorneys will be representing employees defending the Right to Work law at the appellate court.

According to the Bureau of Labor Statistics of the U.S. Department of Labor, Oklahoma has led the nation in the creation of jobs since the passage of Right to Work last September.

"The workers of Oklahoma are already seeing the benefits of living in a Right to Work state," said Gleason."When will union officials end their hostility toward employee freedom and the creation of new jobs for Oklahomans?"

Judge Slaps Down Union Challenge to Oklahoma Right to Work Law

A federal judge in Oklahoma June 5 upheld the central provisions of the state's newly adopted right-to-work law, which guarantees Oklahoma workers the right to choose whether to pay union dues.  Oklahoma voters approved the constitutional amendment on Sept. 25, 2001.  In November, seven unions and a pipeline services company in the state filed a federal lawsuit, claiming  that certain provisions of the amendment were preempted by federal labor law, and that the whole statute should be thrown out. (Local 514, Transport Workers Union v. Keating, E.D. Okla., No. CIV-01-633-S, 6/5/02).

However, Judge Frank H. Seay (E.D. Okla., Carter) held that while the Right to Work law cannot be enforced with regard to the limited number of employees laboring under the Railway Labor Act, the law clearly and constitutionally applies to employees who work for private companies under the National Labor Relations Act.  The vast majority of Oklahoma employees fall under the NLRA's jurisdiction, and are thus protected by the Right to Work law.  Clarifying the limits of the Right to Work law's jurisdiction, Judge Seay upheld the remaining portions of the law.

Ohio Unionist Indicted on Pipebomb and Counterfeiting Charges

The State of Utah's Third Dist. Court has rejected union lawyers' attempts to dismiss a counter suit, brought by employees represented by Nat'l Right to Work Legal Def. Fdn. attorneys, which, as a result, calls into question the constitutionality of the fundamental union privilege known as monopoly bargaining.  In his ruling issued the week of April 29, Utah Judge Stephen L. Henriod allowed the employees to defend the constitutionality of Utah's Voluntary Contributions Act (VCA), a law intending to give union members the right to withhold union dues spent for political activities.  If the court refuses to uphold the VCA as constitutional, the court will consider the employees alternative argument that monopoly bargaining power--held in many locales by union  officials of the Utah Public Employees' Ass'n (UPEA) and Utah Education Association (UEA)--is unconstitutional.

Ninth Circuit Side with Union in Religion-Dues Suit

The U.S. Court of Appeals for the Ninth Circuit has ruled Mar. 22 that Cal. professors may not  challenge the new state law that allows state and union officials to determine the acceptability of religious beliefs when employees seek an exemption  from the requirement to pay union dues.  The Cal. Faculty Ass'n initially sent a notice to 14,000 non-union  professors that a religious accommodation could be obtained only if they were a member of an approved  church - as stated in the statute. But later, CFA attorneys filed a sworn declaration with the court that despite its previous statements to 14,000 professors, the CFA union does not apply the statute as actually  written - or as advertised to this very day on the  union's web site. Based on that declaration filed  with the court only, the court ruled that the professors do not have standing to challenge the law even if it violates employees' freedom of association under the First Amendment.

Three Employees Join Suit to Save Oklahoma Right-to-Work Law

Enjoying free legal aid from the Nat'l Right to Work Legal Def. Fdn., employees from three different  Okla. companies filed formally Jan. 22 in U.S. Dist. Court for the E. Dist. of Okla. to join Okla. Gov. Frank Keating (R) in defending Okla.'s new Right-to-Work constitutional amendment  against multi-union attack.  The employees argue that if the unions prevail in voiding the statewide ban on forced unionism they will suffer direct financial harm as well as damage to  their interests of free speech and free association.

The Okla. AFL-CIO, six local unions, and a heavily unionized company filed the suit in Nov. to overturn the will of Oklahomans in enacting State Question 695 on Sept. 25. The Right-to-Work constitutional amendment bans the widespread union practice of forcing workers to join an unwanted union or pay any union dues as a condition of employment. Okla. is the newest of Am.'s 22  Right-to-Work states.

Native American Reservations Win Case Permitting Right to Work Laws

In a precedent-setting 9-1 ruling, the U.S. Court of Appeals for the Tenth Circuit has upheld the sovereign right of Native American reservations to pass Right to Work laws to protect workers from being forced to pay union dues.  The ruling announced today advances the Nat'l Right to Work Legal Def. Fdn.'s battle to protect Right to Work laws around the country. The decision affirms that the 300 Native American reservations across America may pass Right to Work laws to limit forced unionism. Attracted to growing economies, union organizers have made increasing efforts in recent years to unionize companies on reservations. This ruling clears the path for tribal governments to act without interference from the federal government.

"Not only is this a tremendous victory for Native American workers and reservations around the country, but also for the Right to Work movement," said Stefan Gleason, Vice President of NRTWLDF, which provided free legal aid to the Pueblo in the case. "In addition to preserving individual rights, Right to Work laws will help to bring new business and economic growth to these long-impoverished regions."

Syndicate content