The Supreme Court’s Janus decision four months ago, which overturned the authority of public-sector unions to force nonmember employees under contract to pay dues or risk losing their jobs, has taken some unexpected turns. Indeed, barely after the ruling, a Columbus, Ohio-based nonprofit group, the Buckeye Institute, filed separate suits on behalf of a high school teacher in Ohio and a college professor in Minnesota challenging the authority of their respective unions to bargain exclusively. In effect, the plaintiffs seek to be freed from representation they never requested in the first place. “These capable public servants have the right to speak for themselves and should be released from forced association with unions and advocacy with which they disagree,” said Institute President Robert Alt. The unions have a different view.
Janus v. AFSCME Council 31 was the most important U.S. Supreme Court decision on public-sector unionism in more than 40 … Read More ➡
For nearly five years, Timothy Carrol Smith used his union as a cash dispensary. He now has some time to think about the consequences. Last Friday, October 19, Smith, formerly secretary-treasurer for Association of Civilian Technicians Chapter 84, was sentenced in U.S. District Court for the District of Alaska to eight months in prison, plus three years of supervised release, for embezzling slightly over $80,000 in funds from the Anchorage-based union, which represents about 70 civilian employees at Elmendorf-Richardson Joint Air Force Base. Smith had pleaded guilty in April after being charged in February. The actions follow an investigation by the Labor Department’s Office of Labor-Management Standards.
Smith, now 49, a resident of Wasilla, served in various positions with Civilian Technicians Chapter 84 during 2007-15. According to federal prosecutors, he used much of that time to enrich himself at the expense of dues-paying union members. During January 2011-September 2015, … Read More ➡
Nobody is too old to go to prison if the offense is serious enough. Joan Matthews has learned that lesson the hard way. On Wednesday, October 17, Matthews, former bookkeeper for the Charleston Building and Construction Trades Council (CBCTC), was sentenced in U.S. District Court for the Southern District of West Virginia to a year and a day in prison for embezzling $183,667.11 in funds from the Charleston-based, AFL-CIO-affiliated council. She also was ordered to pay restitution in the amount of $141,325.78. Matthews had pleaded guilty this June after being indicted in January. The actions follow a probe by the U.S. Labor Department’s Office of Labor-Management Standards.
According to prosecutors, Matthews, now 70, a resident of South Charleston, W.Va., began stealing labor council funds sometime in 2010 and would continue to do so until September 2014, when certain fellow office employees alerted the Department of Labor to the fact of … Read More ➡
On October 4, Steven Perry, former financial secretary-treasurer of United Brotherhood of Carpenters and Joiners Local 2077, was charged in U.S. District Court for the Southern District of Ohio with embezzling funds from the Columbus-based union in the amount of $20,458. The charge follows an investigation by the U.S. Labor Department’s Office of Labor-Management Standards.… Read More ➡
On September 25, Teresa Adkins, ex-business manager of International Association of Heat & Frost Insulators and Allied Workers Local 127, pleaded no contest in Waupaca County, Wisconsin Circuit Court to one count of theft and one count of forgery in connection with the disappearance of funds from the Clintonville, Wisc. union. She then was sentenced to five years of probation for the first count and three years of probation for the second count. She also was ordered to pay $73,618 in restitution and $8,418 in fines. Adkins, now in her late 40s, a resident of Green Bay, had been charged in February 2017 with one count of theft and nine counts of forgery for offenses committed during April 2013-February 2015. The charges follow an investigation by the Labor Department’s Office of Labor-Management Standards.… Read More ➡
On September 28, David Hendricks, former secretary-treasurer of International Alliance of Theatrical Stage Employees Local 900, was sentenced in U.S. District Court for the Northern District of Alabama to five years of probation for embezzling $13,987 from the Huntsville-based union. He also was ordered to pay full restitution and a $100 special assessment. Hendricks, a resident of Huntsville, had pleaded guilty in May following a probe by the U.S. Labor Department’s Office of Labor-Management Standards.… Read More ➡
On September 19, John Burgess, former president of Pacific Stainless Products Employee Association Local 304, was indicted in U.S. District Court for the District of Oregon on one count of embezzling about $35,000 in funds from the St. Helens-based union and one count of concealing the thefts. The indictment follows an investigation by the U.S. Labor Department’s Office of Labor-Management Standards.… Read More ➡
The Supreme Court’s 5-4 decision in Janus v. AFSCME was a stunning blow to over 40 years of public-sector union monopoly power. Union leaders for their part are pushing back. They have plenty of allies in state governments, and perhaps no state is as vociferous as New York. Indeed, on June 27, the day of the ruling, Governor Andrew Cuomo signed an executive order to protect union members from outside intimidation – ironic, given the pressure unions often use to collect dues. The State of New York also has begun deducting dues from the pay of government workers without even checking to see if they are members. And now a prominent lawmaker wants taxpayers to reimburse unions for foregone dues.
State and local officials across the country, especially in non-Right to Work states, are helping to lead a popular resistance to Trump administration policies and court … Read More ➡
Few things say “money in the bank” to a public-sector union quite like Medicaid. A proposed federal rule would end this freebie. On July 12, the Department of Health and Human Services (HHS) posted a Notice of Proposed Rulemaking to bar states from using Medicaid funds as a source of dues for unions representing home health care providers. Workers still would have the right to join a union. But non-joiners no longer would be captive of a state agency deducting dues and forwarding them to a union. Over a dozen states now engage in this practice. For organized labor, this arrangement generates around $200 million a year. That’s why unions and the states are resisting the proposed rule in the aftermath of the Supreme Court’s Janus ruling in June. A recent development in Washington State has strengthened the hand of reluctant dues payers while the department finalizes its rule.… Read More ➡
At one time Rocco Fazzolari had bit parts in low-budget New York City crime movies. Little did people know that for a long time he starred in his own real-life version. Yesterday, on September 26, Fazzolari, former president of United Industrial and Service Employees Union Local 122, pleaded guilty in Manhattan federal court to three counts of embezzlement related to his theft of a combined more than $1.3 million in funds from the New York City-based union and a related benefit plan. Under the terms of the plea agreement, he will forfeit $941,828, pay additional restitution, and refrain from engaging in union-related activity for 13 years. The plea follows a joint investigation by the U.S. Labor Department’s Office of Labor-Management Standards, Office of Inspector General and Employee Benefits Security Administration.
United Industrial and Service Employees Local 122 is a modest-sized independent union. According to tax filings for the year 2017, … Read More ➡