NEA Settles after ignoring Wisconsin’s New Public Sector Law, and more cases – 844-292-1318 Wisconsin legal aid

Welcome to the National Right To Work’s Weekly Wrap-up for the Third Week of February. It has have been a busy week with action in Wisconsin, Utah, Delaware, and Illinois.
In Wisconsin, a Greenwood teacher won a settlement from the National Education Association (NEA) for refusing to honor her rights under Scott Walker’s Act 10 and for refusing to follow constitutional disclosure requirements.
Amy Anaya was repeatedly told by NEA union officials approached her that she “had to” sign the union’s membership form. Anaya had no desire to become a member of the union.
Under Wisconsin’s Act 10 most government employees have the right to refrain from paying any union dues or fees as a condition of their employment.
Despite this and the union’s failure to provide U.S. Supreme Court-mandated constitutional protections, the school district deducted full union dues from her paychecks for the entire year.
In Utah, Progress Rail Services Corporation management and Machinists union officials have violated Utah’s popular Right to Work Law enacted in 1955.
With free legal assistance from the National Right to Work Foundation, four workers — Bryan Rees, James Rogers, Richard Simone, and Jason Wilson — filed their lawsuit against Progress Rail and Machinists union.
Machinist union officials negotiated a contract with Progress Rail that gave them monopoly bargaining powers over the workplace.
Included in the contract is a forced dues clause that requires all covered employees to pay union dues or fees as a condition of employment. However, under Utah’s Right to Work law, workers cannot be compelled to pay union dues or fees to get or keep a job.
All four workers were denied their Right To Work and are seeking refunds of illegally confiscated dues.
In Wilmington, Delaware, trash collecting can be a dirty business when Teamsters union bosses refuse to follow federal disclosure requirements. Employee Brian Overby of Republic Services, a trash collection provider, exercised his right to refrain from joining the Teamsters union, but because Delaware is a compulsory unionism state, he was still forced to pay slightly reduced union dues.
With free legal assistance from National Right to Work Foundation staff attorneys, Overby filed charges with the National Labor Relations Board (NLRB) because union officials provided Overby union financial records, to justify the small reduction in his forced dues amount, no evidence of an independent audit was provided.
Union officials also failed to provide a federally-required breakdown of the union affiliates’ expenditures. Union officials demanded that Overby pay for half of the costs of an arbitrator if he wanted to challenge the amount of forced union fees he must pay.
In Chicago, Illinois, with free legal assistance from the National Right to Work Foundation, Two Riva Restaurant servers Alicia Magallon and Raul Martinez filed the charges with the National Labor Relations Board (NLRB) against Unite-Here and Riva Restaurant for violating their rights, forcing them to pay thousands of dollars in back union dues, and then firing them from their jobs.
The servers charge that UNITE-HERE union officials never informed them that they must pay union dues or fees as a condition of employment or about their rights to refrain from full dues paying union membership.
Instead, Unite-Here union officials demanded that Magallon and Martinez pay full union dues dating back to 2007, a total of over ,000. Unite Here union officials coerced the two servers with the threat of job termination into signing an illegal 60-day payment plan with a waiver of their rights. The two servers managed to pay off the back union dues and an additional 7 penalty.
However, soon after making all the payments, union officials demanded the two be fired for failing to pay union dues and Riva Restaurant terminated them from their jobs.
The two servers have since been rehired but have lost their seniority at the workplace due to their firings.
Our last case for this week takes us to Long Beach, California, where a Long Beach Memorial Medical Center nurse, Pamela Ott, has filed a federal unfair labor practice charge against the California Nurses Association union for illegally demanding union dues even though she is not a member of the union.
Ott resigned formal union membership in and invoked her right to refrain from paying full union dues to the California Nurses Association union, but because California is not a Right To Work state, Ott can still be forced to pay reduced dues.
In an extra twist, beginning in October 2011 until June of 2012, CNA union officials did not have a monopoly bargaining contract with Long Beach Memorial and therefore did not have monopoly bargaining powers to demand Ott and her colleagues pay union dues as a condition of their employment.
Despite this contract window, CNA union officials demanded Ott pay union dues even during the time that the union did not have a contract.

A Right to Civil Counsel in Wisconsin: Tom Cannon – 844-292-1318 Wisconsin legal aid

The director of the legal Aid Society of Milwaukee explains that more than half a million Wisconsin residents are denied justice each year because they cannot afford a lawyer in a civil court case. Part of the press conference Sept. 30, 2010 at which the Wisconsin Supreme Court received a petition signed by 1,200 state residents asking the court to establish a right to counsel in some civil cases.
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Wisconsin: Chicago Operating Engineers union challenge defeated.

Federal Judge Dismisses Frivolous Union Challenge to Indiana’s Popular New Right to Work Law

Court says : “Act 10 exhibits a rational belief that public sector unions are too costly for the state. The recertification process furthers this interest by imposing a recertification burden that impacts unions’ influence over employees who are less passionate about union representation.”

Ruling leads to call for right to work in Wis.
Published 3:36 pm, Friday, January 18, 2013

MADISON, Wis. (AP) — A federal appeals court ruling upholding Wisconsin’s law effectively ending collective bargaining for public workers is leading to a call for the state to pass a right to work law.

The 7th U.S. Circuit Court of Appeals on Friday upheld the law passed in 2011, while other court challenges are pending.
Still, National Right to Work Foundation President Mark Mix says the ruling should motivate the Republican-controlled Legislature to pass a right to work law like was done in Michigan last month.

He says “No Wisconsin public worker should ever be forced to pay union dues or fees as a condition of employment.”
Gov. Scott Walker has said he won’t pursue right to work this year.

Read more: http://www.newstimes.com/news/article/Ruling-leads-to-call-for-right-to-work-in-Wis-4206144.php#ixzz2IMchir7U

Indiana law protecting workers’ free choice for union membership and dues payment still faces Big Labor legal challenge in state court

Hammond, IN (January 17, 2012) — A United States District Court Judge has dismissed a federal lawsuit filed by International Union of Operating Engineers (IUOE) Local 150 lawyers challenging Indiana’s recently-enacted Right to Work law. Mark Mix, President of the National Right to Work Foundation, issued the following statement responding to the decision:

“Union bosses want to undo what thousands of Hoosier citizens have worked hard to achieve through the democratic process. Unfortunately for the IUOE, the constitutionality of state Right to Work laws has long been a settled question. We’re happy to report that Judge Simon rejected their frivolous arguments and ensured that millions of Indianans will continue to labor free from union coercion.”

National Right to Work Foundation staff attorneys, representing four Indiana workers who support the Right to Work law, conferred with lawyers for the State of Indiana about the arguments that were made to defend the law.

The four Hoosier citizens who opposed the union’s legal challenge were David Bercot, a certified wastewater operator for the ITR Concession Company in Fort Wayne; Joel Tibbetts, a Minteq International assistant manager in Valparaiso; Douglas Richards, an employee with the Goshen-based Cequent Towing Products; and Larry Getts, a Dana Holding Corporation technician in Albion.

IUOE Local 150, headquartered in suburban Chicago, filed the lawsuit last February challenging Indiana’s Right to Work law and requesting an injunction against its implementation.

Judge Philip Simon dismissed all of the union’s claims, but he did not rule on arguments contesting the law on the grounds that it violates Indiana’s constitution, leaving that to state courts to decide. A United Steel Workers legal challenge based on different arguments is proceeding in Indiana state court, where two other Foundation-assisted employees have filed an amicus curiae brief arguing that the law is consistent with their state’s constitution.

Indiana is the nation’s 24th Right to Work state. Public polling shows that nearly 80 percent of Americans support the Right to Work principle, including 80 percent of union members.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in nearly 200 cases nationwide. Its web address is www.nrtw.org.

Personalized Legal Services in Central Wisconsin – 844-292-1318 Wisconsin legal aid

With over 40 years of experience in central Wisconsin, Tlusty Kennedy & Dirks, will help you if you have been injured. Call us today at 715-359-3188.
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Wisconsin Employees Defeat Union Scheme, SEIU Backs Down in Washington

Hello, and welcome to the National Right to Work Foundation’s News Update. In Wisconsin, a state court struck down monopoly bargaining agreements between the Kenosha Unified School District and three local unions as illegal under Wisconsin’s Act 10.

Current Kenosha teacher Carrie Ann Glembocki and former Kenosha teacher Kristi LaCroix filed the lawsuit, with free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law and Liberty.

The lawsuit challenged agreements between the District and officials from Kenosha Education Association, SEIU Local 168, and AFSCME Local 2383 that required teachers and other staff to pay union dues or fees to keep their jobs.

After passage of Act 10 in 2011, most Wisconsin public-sector employees cannot be forced to join or pay union dues as a condition of employment. Despite the law, the Kenosha School Board approved the three bargaining agreements, which contained provisions allowing union officials to collect union dues from all District employees, including nonmembers.

The Wisconsin state court’s ruling holds that Kenosha public school employees cannot be forced to pay union dues or fees to obtain or keep a job as that is in violation of Act 10.

In Washington, SEIU Union Local 925 officials sent a letter to family child care providers dropping their forced dues demands the day after a group of family child care providers filed a federal class-action lawsuit challenging a 2006 law authorizing the forcible unionization of Washington State’s 12,000 home-based child care providers. Cindy Mentele and three other providers filed the federal class-action lawsuit with free legal aid from National Right to Work Foundation attorneys in conjunction with the Freedom Foundation.

The Washington child care providers’ lawsuit challenges the forced-unionism scheme on the ground that it violates the United States Constitution’s guarantees of free political expression and association. National Right to Work Foundation attorneys argue that such schemes violate the child care providers’ First Amendment right to choose with whom they associate to petition the government because the government does not have the constitutional authority to force citizens to accept its handpicked political representative to lobby itself.

Last year, the United States Supreme Court issued a landmark ruling in Harris v. Quinn, argued by a National Right to Work Foundation attorney, holding that individuals who receive state subsidies based on their clientele cannot be forced to pay compulsory union fees. The Supreme Court did not rule on whether providers can be forced to accept the union’s so-called representation under a monopoly bargaining scheme.

The Washington child care providers also seek repayment of union fees illegally taken from them by the Governor and given to SEIU Local 925 over the past three years.

Thank you for tuning in. See you next week.
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Wisconsin Lawyer Assistance Program (WisLAP) – 844-292-1318 Wisconsin legal aid

Jan. 4, 2012 — In this video, Wisconsin Lawyers Assistance Program (WisLAP) volunteers discuss how the program helps legal professionals and their families who are struggling with problems related to the stress and challenges of the legal profession.

WisLAP is based upon the premise of lawyers helping lawyers and judges helping judges. Alcoholism, substance abuse, addictive behavior, and psychological problems are treatable conditions rather than moral issues. The only stigma attached to these conditions is an individual’s failure to seek help.

Lawyers are natural leaders and there is a hesitancy to ask for help. “Once you make the phone call, you will feel so much better,” says one volunteer. “WisLAP can be the solution that provides temporary relief for a very big pain.”
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Free Legal Aid To Protect Your Right To Work Freedom – 844-292-1318 Wisconsin legal aid

Congratulations to Wisconsin on becoming America’s 25th Right to Work state. Governor Scott Walker signed the nation’s newest Right to Work law shortly after it passed overwhelmingly in the state assembly on March 6, 2015.

We hope Wisconsin’s advancement for workplace freedom will put pressure on the remaining states in the Midwest who continue to allow workers to be fired simply for refusing to pay money to a union they don’t support.

Every worker deserves freedom of choice when it comes to union membership and dues payment, and if states like Michigan and Wisconsin can pass Right to Work then Illinois, Minnesota, Missouri, and Ohio can, too.

Despite the loud cries of union officials, Right to Work is simply an application to labor law of the First Amendment freedoms that are a bedrock of our democratic republic. The First Amendment right for Wisconsin’s private-sector workers to refrain from union membership and dues payments is long overdue.

Unfortunately, union officials won’t give up their forced dues power easily. In addition to fighting Governor Walker in court, it won’t be surprising to see them make it difficult for workers to exercise their rights. Workers who try to exercise those rights may encounter stonewalling, intimidation, or harassment at the hands of union officials.

The National Right to Work Foundation has a stellar history of assisting employees seeking to exercise their rights, most recently under Right to Work provisions enacted in Indiana and Michigan. Foundation attorneys also provided free legal representation to Wisconsin public-sector employees who sought to refrain from paying union dues or fees under Governor Walker’s 2011 public-sector union reforms, commonly referred to as “Act 10.”

Under the law, Wisconsin’s private-sector workers will no longer be required to pay union dues or fees as a condition of employment once union monopoly bargaining agreements in effect before March 11, 2015 expire. If workers have any questions about the law or experience any difficulties exercising their rights under it, they can call the National Right to Work Foundation at 1-800-336-3600.
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