HEADLINE: ACLU challenges drug testing of Fla. state workers
CAPTION: The American Civil Liberties Union of Florida is suing Florida Gov. Rick Scott over ordering drug testing for all state employees, regardless of suspicion. (June 1)
(sot: Howard Simon, Executive Director, ACLU of Florida)
We only have the capacity to deal with about 2 a week. And this Governor and this legislature is manufacturing legal challenges. I want to say this should be a civics lesson for the people of Florida. Thank God the entire government is not run by the governor’s office or by the legislature. We have a third branch of government, which is the courts and it’s now time for the courts to step up and protect the citizens of Florida from the abuse of their rights.
The state’s own test showed that welfare recipients don’t have a rate of drug abuse any more so than people who are not on welfare. Nothing had demonstrated that state employees are drug abusers. The only thing that has changed is the radical politics of this governor, not welfare recipients and not state employees.
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Westerly, RI Part-time Police Officers Ask Court for Injunction to Stop Illegal Forced Dues Scheme
Hello and welcome to this National Right To Work news update.
In Westerly, Rhode Island, five part-time police officers are seeking a preliminary injunction to stop town and union officials from continuing to illegally seize a portion of every paycheck for dues to a union that does not represent them.
With free legal aid from the National Right to Work Foundation, Thomas Cimalore, Anthony Falcone, Scott Ferrigno, Darrell Koza, and Raymond Morrone, filed a Civil Rights lawsuit in the United States District Court against the Town of Westerly, several town officials, and the International Brotherhood of Police Officers.
The lawsuit alleges that the plaintiffs’ First, Fifth, and Fourteenth Amendment rights (and other state labor and whistle blower protection statutes) are violated when they are forced, as a condition of employment, to financially support Local 503 despite never authorizing or requesting that the town withhold a portion of their paycheck and distribute those funds to Local 503.
Because Rhode Island is a forced-unionism state, workers who choose not to join a union can still be forced to pay fees to union bosses under a union-imposed contract.
However, these five part-time officers are not only nonmembers; they are not even represented under the police union’s monopoly bargaining agreement with Westerly. Despite this, a clause in the union contract with Westerly specifically states that, although not covered by the agreement, these part-time officers are required to pay union fees.
The illegal union deductions from the five part-time police officers paychecks began in April 2014. During the summer of 2014, the plaintiffs allege that the chief of police threatened retaliation against the officers for having publicly raised the issue of this illegal forced-dues scheme.
Following the officers public attempt at redress, the Town revised its “Detail Assignment System” in such a manner that it diminished plaintiffs’ hours and pay. The timing and circumstances of the revision caused the officers to allege the revision was retaliation by the town for their whistle-blowing about the illegal scheme.
Furthermore, on December 4, 2014, Westerly fired plaintiff Darrell Koza without notice or a hearing. Officer Koza has filed a separate suit alleging that his termination was illegal retaliation for publicly speaking out against the illegal scheme. Video Rating: / 5
Title: SEIU Union and Armed Forces Contractor Face Federal Prosecution
Hello and welcome to this week’s Right to Work news update.
At Fort Leonard Wood, Missouri, an SEIU government union and a Kansas-based food services company are facing a federal prosecution for violating food service workers’ rights.
With free legal assistance from National Right to Work Foundation staff attorneys, two workers filed federal charges leading to the prosecutions.
Kimsha Rosensteel a former president of a local SEIU National Association of Government Employees union and an 11-year employee with food services provider EDP Enterprises, Inc., who while serving as union president discovered that the union continually failed to follow federal disclosure requirements designed to better inform workers about their rights to refrain from full-dues-paying union membership.
Rather than address the routine disclosure failures, the SEIU-NAGE union hierarchy removed Rosensteel from her position as president. In addition, union officials attempted to pressure Rosensteel into accepting an exclusive deal that allowed only her to refrain from paying union dues and fees if she remained quiet about the union’s illegal activities.
When several other EDP Enterprises employees requested that they be able to refrain from paying all union dues or fees, EDP management demanded that the union resume taking full union dues from Rosensteel’s paychecks.
EDP Enterprises employee Stephanie Fenton filed federal charges after SEIU-NAGE union officials refused to follow the federal disclosure requirements and stonewalled employees’ requests to refrain from full dues-paying union membership.
The NLRB has scheduled a hearing on the case for January 12, 2015.
We will keep you posted on National Right to Work Foundation attorneys’ continuing efforts to assist workers who want to refrain from bankrolling union bosses’ radical political agenda.
Thank you for watching this week’s update and please visit our website at WWW.NRTW.ORG should you need the Foundation’s legal assistance. Video Rating: / 5
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Westerly, Rhode Island (July 28, 2015) – Five part-time police officers in Westerly, RI have filed a Civil Rights lawsuit against the Town of Westerly, several town officials, and International Brotherhood of Police Officers Local 503 (Local 503) in U.S. District Court. The plaintiffs are receiving free legal aid from the National Right to Work Foundation.
Thomas Cimalore, Anthony Falcone, Scott Ferrigno, Darrell Koza, and Raymond Morrone, brought the suit and seek declaratory, injunctive, and monetary relief because a portion of every paycheck (at a rate of an hour) is being confiscated by the town and paid directly to Local 503.
The lawsuit alleges that the plaintiffs’ First, Fifth, and Fourteenth Amendment rights (and other state labor and whistle blower protection statues) are violated when they are forced, as a condition of employment, to financially support Local 503 despite never authorizing or requesting that the town withhold a portion of their paycheck and distribute those funds to Local 503.
Because Rhode Island lacks a Right to Work law, and is a forced-unionism state, workers who choose not to join a union can still be forced to pay fees to union bosses as a condition of employment if they labor under a union-imposed contract. However, these 5 part-time officers are not only nonmembers; they are not even represented under Local 503’s monopoly bargaining agreement with the Town of Westerly. Despite that, a clause in the union contract specifically states that, although not covered by the agreement, part-time officers are required to pay a fee to Local 503.
The deductions began about the beginning of April 2014. After noticing the deductions, the officers brought them to the attention of the town’s payroll department. On July 29, 2014, some of the officers met with the Chief of Police, Edward St. Clair, to express their concerns about the unconstitutional and illegal clause in the agreement between the town and Local 503. The complaint alleges that when the officers told St. Clair they planned to publicly speak out, St. Clair admonished them, noting that as part-time officers they could easily be replaced.
In November 2014, the Town revised its “Detail Assignment System” which it uses to allocate all “private duty” assignments (all part-time officers only work private duty). The pay for private duty is 38 dollars an hour. The system was revised in such a manner that it diminished plaintiffs’ hours and pay. The timing and circumstances of the revision caused the officers to allege the revision was retaliation by the town for their questioning the illegal forced fee arrangement.
Moreover, on December 4, 2014, plaintiff Darrell Koza was fired with neither notice nor a hearing. In addition to the five officers’ lawsuit, Koza has filed a separate suit alleging that his termination was illegal retaliation for publicly speaking out against the illegal scheme.
“In an elaborate and blatantly unconstitutional scheme, union bosses and bureaucrats joined forces to confiscate 13% of every paycheck from hardworking part-time police officers,” said Mark Mix, President of the National Right to Work Foundation.
“These five individuals simply wanted to serve their community; instead they are forced to subsidize the special interests of union bosses who do not even represent them. The scheme itself is outrageous, but it is just as shameful that, when these officers asked questions about why their rights were being violated, they also found themselves subject to threats and retaliation,” continued Mix. Video Rating: / 5
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