FoundationFoundation The bi-monthly newsletter of the National Right to Work ActionAction Legal Defense Foundation, Inc. Vol. XXI, No. 6 8001 Braddock Road • Springfield, Virginia 22160 www.nrtw.org November/December 2001 Oklahoma Becomes Nation’s 22nd Right to Work State

National Right to Work Foundation vows vigilance against union attack

SPRINGFIELD, Va. — Before the ink had even dried on Oklahoma’s new Right to Work law, Big Labor threat- Supporters of Right to Work have put Oklahoma on a course for greater freedom ened to file suit to thwart the will of and greater economic prosperity. the state’s voters who approved a con- stitutional amendment banning forced union dues in Oklahoma. Referring to the unions’ expensive The late September passage of ad campaign riddled with lies, Larson Oklahoma’s Right to Work law was the added, “Sooner State voters were able IN THIS ISSUE culmination of a heroic eight-year cam- to see through the $8 million smoke- paign by the Foundation’s sister organiza- screen laid by Big Labor and keep their Hotel Worker Takes On tion, the National to Work Committee, to eyes focused on the principle of workers’ 2 Forced Unionism Conspiracy mobilize Right to Work supporters while rights and individual freedom.” building strong support among Okla- Among numerous deceptive ads 3 Auto Workers Hit UAW homa’s citizens and elected officials. and scare tactics, union officials bought Union with Federal Charges Oklahoma’s Right to Work law will television ads claiming that the pro- NLRB Forces Workers to not only prevent union officials from posed measure was “costly and confus- 4 Wear Union Propaganda getting employees fired for refusing to ing” and that it would be overturned as support a union, it will also lead to the unconstitutional. 5 Single Mom Sues Union creation of thousands of new high-paying Though the threatened legal chal- After Mother’s Day Firing jobs and greater economic prosperity lenge to the Right to Work law stands for Oklahoma’s working families. little chance in court (since the U.S. Hotel Union Exposed as 6 Cesspool of Corruption In a statement distributed nationwide Supreme Court upheld the validity of to the media, Foundation and Committee Right to Work laws in 1949), a union Court Upholds Ohio Ban President Reed Larson called the pas- lawsuit could nevertheless delay and 7 on Union-Only Contracts sage of the new law a “tribute to the hamper the full impact of the law. vision and perceptiveness of Oklahoma The Foundation announced that its Spotlight On Bruce N. voters, as well as the stellar efforts of all expert Right to Work attorneys stand Cameron, Staff Attorney those who have worked for years to pass ready to defend the law against all a Right to Work law in Oklahoma.” union attacks. 2 Foundation Action November/December 2001 Hotel Worker Takes On Forced Unionism Conspiracy Sacramento politicians pushed for forced unionism at downtown luxury hotel

SACRAMENTO, Calif. — In a case requiring would-be San Francisco port that highlights a disturbing national developers and restaurateurs to sign trend, the Foundation is assisting a an agreement with unions that they Sacramento waiter in his battles against will use the highly abusive card a union’s conspiracy with politicians check process. and even business officials to forcibly Meanwhile, federal and state labor unionize 250 employees at Sacramento’s laws are so skewed in favor of union largest downtown luxury hotel. officials that employers often feel they Heath Langle has filed federal unfair have no choice but to buckle under labor practice charges against Local 49 and become complicit in the violation of the notoriously corrupt Hotel of employee rights. Larry Dalton/Sacramento News & Review Employees and Restaurant Employees Union bosses failed to intimidate hotel “It’s bad enough when union offi- (HERE) after the union’s officials waiter Heath Langle. cials work hand in glove with govern- gained monopoly bargaining power at ment officials to systematically violate the downtown Sheraton Grand Hotel the rights of workers,” said Larson. and demanded that employees sign out its competitors, such as Marriott, “Even worse, federal law helps bully union membership cards or pay a fine. in the bid to build the new hotel. (The employers to stand idly by.” The bully tactics were not entirely unex- card check method enables union orga- pected. After all, in the early 1990s, nizers to avoid a secret ballot election Sacramento’s city officials had selected and instead push union cards into Card check scheme Sheraton to build the new downtown workers’ hands and demand that they hotel because its management agreed sign on the spot — often using pres- coerces workers to make it easier for union officials to sure tactics, deception, and outright unionize the hotel’s employees. threats to obtain signatures.) In April, using the card check “In effect, the Sheraton Grand More and more, politicians are scheme, HERE Local 49 union officials Hotel debacle is a conspiracy to foist an using public resources to dole out con- obtained signatures from a majority of unwanted union on hundreds of hotel tracts based upon “union friendliness.” Sheraton Grand employees, and the workers,” said Foundation President For example, earlier this year, San Reed Larson. Francisco city officials passed an ordinance see SHERATON, page 6

City’s politicians help impose forced unionism Foundation Action

Like more and more development Rev. Fred Fowler Chairman, Board of Trustees projects across America, Big Labor’s Reed Larson President efforts to take control of workers at the Stefan Gleason Vice President and Editor in Chief Sheraton Grand began long before the Ray LaJeunesse, Jr. Vice President, Legal Director Alicia Auerswald Vice President hotel was even built. According to local Mark Mix Treasurer news reports, Sacramento’s Democrat Virginia Smith Secretary city officials wanted the proposed downtown hotel to be unionized to attract union and Democrat Party busi- Distributed by the ness and conventions. National Right to Work Legal Defense Foundation, Inc. 8001 Braddock Road, Springfield, Virginia 22160 In a Sacramento News and Review www.nrtw.org • 1-800-336-3600 article, a local developer noted that Sheraton’s willingness to allow the The Foundation is a nonprofit, charitable organization providing free legal aid to employees union officials to use a “card check” whose human or civil rights have been violated by abuses of compulsory unionism. All contributions union recognition scheme gave the to the Foundation are tax deductible under Section 501(c)(3) of the Internal Revenue Code. hotel chain the edge it needed to beat November/December 2001 Foundation Action 3 Auto Workers Hit UAW Union with Federal Charges Employees told to join union or “join the unemployment line”

percent of each member’s union dues union membership and dues deduction goes toward politics and similar activities. cards at Brighton to be null and void. “Union bosses shook down these They are also demanding that union employees for political money,” said officials provide retroactive refunds of Stefan Gleason, Vice President for the all dues improperly collected and that Foundation. they be prohibited from collecting any The union’s demands were blatant- additional dues until they inform ly unlawful under more than just employees of their rights and halt the Beck. Numerous precedents, including systematic violations of law. Marquez v. Screen Actors Guild, another U.S. Supreme Court case brought by Foundation attorneys, require unions UAW lawyers sue UAW union boss Stephen Yokich is to specifically inform employees of their named in federal charges. right to refrain from formal, full dues- to block Bush order paying union membership before seiz- ing any forced union dues. On top of its long and disgraceful FLINT, Mich. — Foundation attor- record of employee rights violations, the neys hammered United Auto Workers UAW union is now maneuvering in fed- (UAW) union officials with federal Union memberships eral court to prevent workers from even class-action charges for illegally order- learning about their rights. As reported ing workers at a large automotive fac- obtained through fraud in the last issue of Foundation Action, tory to join the union or “join the UAW lawyers are suing in federal court unemployment line.” Federal charges filed by Foundation to stop the enforcement of an Executive Erik Daly, an employee at the attorneys state that since the local and Order issued by President George W. Brighton Interior Systems plant, which international unions’ monopoly bar- Bush that simply requires federal con- produces car door interiors for General gaining contract at Brighton went into tractors to post a standard workplace Motors vehicles, filed unfair labor practice effect in July 2001, the unions have notice informing employees of their charges with the National Labor Rela- “engaged in a campaign of misrepre- Beck rights. tions Board (NLRB) against the UAW sentations, coercions, and omissions” But Foundation attorneys have filed a Local 599 union and the UAW Interna- such that “not a single employee in this “Friend of the Court” brief in the case to tional union on behalf of the hundreds of bargaining unit can be considered to defend the President’s Executive Order workers coerced into joining the union. be a voluntary member.” against the union attack. “Foundation Stephen Yokich, the UAW Inter- UAW union organizers had attorneys are working to ensure that national union’s president, was among launched an aggressive campaign last Brighton workers and workers through- the union officials served. year to impose compulsory unionism out the country are informed of their on Brighton’s nearly 500 workers and rights,” concluded Gleason. on many hundreds of workers at other Union bosses shake down plants operated by Brighton’s parent company, Magna International, Inc. employees UAW czar Stephen Yokich ironically Free Newsletter complained in a local newspaper about In violation of the Foundation-won alleged “law-breaking tactics used by If you know others who U.S. Supreme Court decision Communi- Magna” in opposition to the UAW’s would appreciate receiving cations Workers v. Beck, UAW officials coercive organizing campaign. demanded that all employees formally “Now it’s clear that the union’s Foundation Action, join the union and pay full union dues as officials are the real lawbreakers,” please provide us with a condition of employment. Under Beck, charged Gleason. their names and addresses. union officials may not compel workers to Foundation attorneys are asking They’ll begin receiving pay for politics and other activities unre- the NLRB to issue a formal complaint issues within weeks. lated to collective bargaining activities. against the UAW Local 599 and UAW The UAW union admits that at least 21 International unions and declare all 4 Foundation Action November/December 2001 NLRB Forces Workers to Wear Union Propaganda Board consisted of Clinton holdovers

WASHINGTON, D.C. — In a case Carolina’s highly popular Right to tion of those calculations by an inde- that proves once again that the Work law.) pendent auditor, as was mandated National Labor Relations Board But in a decision filled with tortured by the Supreme Court in another (NLRB) itself wears the union label, a legal reasoning, the NLRB ruled that Foundation-won case, Chicago Teachers panel of three NLRB members, all hold- BellSouth’s uniform policy requiring the Union v. Hudson.) overs from the Clinton Admin- patch was a “special circumstance,” Federal courts have repeatedly istration, ruled to force which trumped the right of scolded the NLRB for its refusal to objecting employees to workers to refrain from adhere to legal precedents. In Ferriso, wear union propagan- supporting the union. the D.C. Circuit found “that the da on their uniforms Board’s rejection of the ‘independent as a condition of auditor’ requirement was not rational.” employment. Clinton In another case, the Second Circuit Grabbing na- Federal Court of Appeals even went as tional headlines, NLRB still far as noting that the Board has a the NLRB ruled in at large “decidedly pro-union bent.” late August on a Because federal law is so skewed case brought by against the rights of individual work- BellSouth Communi- The NLRB panel ers, Gleason urged Foundation sup- cations technicians Gary of three Democrat porters to keep their eye on the Lee and Jim Amburn of holdovers has consistently Foundation’s ultimate goal. “Even if Charlotte, North Carolina, ruled against workers who there is a less hostile NLRB in place, against the Communications Workers object to supporting a union. the degree to which union officials of America (CWA) union. The employ- President Bush currently has the ability violate the rights of workers will ees brought the charges in 1996 after to appoint four new members to the diminish only slightly. Ultimately, we they were told that they must wear five-member NLRB. must seek to end compulsory union- a union logo patch in order to keep ism abuse altogether.” their jobs. “No worker should be forced to be Foundation attorneys a walking billboard for a union he or she doesn’t support,” said Foundation file appeal Vice President Stefan Gleason. “The Newsclips Requested Bush Administration is long overdue in Meanwhile, Foundation attorneys cleaning up Clinton’s NLRB.” have filed an appeal with the Fourth The Foundation asks supporters Circuit Court of Appeals. to keep their eyes peeled The union-boss-puppet NLRB has for news items exposing NLRB uses tortured a long and disgraceful record. For the role union officials example, in 1997 the United States play in disruptive strikes, legal reasoning Court of Appeals for the District of outrageous lobbying, Columbia overturned the NLRB’s More than four years ago, the anti-freedom decision in Ferriso v. and political campaigning. NLRB’s General Counsel issued a Electric Workers Union, a ruling that Please clip any stories complaint against the union for unfair thumbed its nose at U.S. Supreme that appear in your local paper labor practices, agreeing with Found- Court precedent by permitting the and mail them to: ation attorneys’ arguments that forcing union to “audit” its own calculations of nonmembers to wear the CWA union the expenditures nonmember agency NRTWLDF logo violates their right to refrain from fee payers can lawfully be forced to sub- Attention: Newsclip Appeal union activity and that it gave the false sidize. (Had Foundation attorneys not 8001 Braddock Road appearance that they belonged to or won on appeal, the NLRB’s ruling in supported the union. (The employees Ferriso would have denied the 7.8 mil- Springfield, VA 22160 exercised their right not to join or lion American employees who work in pay dues to the union under North compulsory union shops the verifica- November/December 2001 Foundation Action 5 Single Mom Sues Union After Mother’s Day Firing Union officials illegally ordered United Airlines clerk to join union or else

DES MOINES, Iowa — In an outra- illegal demands, they instructed geously cold-hearted act, Machinists United Airlines officials to fire her. union officials had single mother Jean On May 13, 2001, Mother’s Green fired illegally last Mother’s Day for Day, a United Airlines official exercising her right not to join the union. called Green at home to tell With the assistance of Foundation her she was out of a job. attorneys, Green, a United Airlines cus- At no time did IAM offi- tomer service clerk at Des Moines cials inform Green of her rights International Airport, has filed a lawsuit under Ellis to abstain from against the International Association of union membership and pay Machinists and Aerospace Workers reduced union dues. Under (IAM) union, United Airlines, and Ellis, employees cannot be Stefan Gleason appeared on the Labor Day edition IAM Local 141 in the United States forced to fund activities unre- of C-SPAN’s “Washington Journal.” Free copies District Court for the Central District lated to bargaining, such as of this feature interview may be obtained of Iowa, Central Division. politics. (Federal law does not by contacting Jean Griffith at 1-800-336-3600. “IAM union officials forced this allow Iowa’s highly popular single mother of three off the job and Right to Work law, which frees into the unemployment line on Mother’s most workers from forced union dues, to hired in 1999. Green was forced to Day,” said Gleason. protect airline and railroad employees.) provide for her children, two of which were still school-aged, without the job she had depended on. Airline officials carry Airline tried to block Foundation attorneys are seeking compensatory damages in the amount union’s water unemployment benefits of all lost wages and benefits, and for Green’s emotional distress, mental In violation of the Foundation-won Moreover, when Green applied for anguish, damage to reputation, humil- U.S. Supreme Court decision Ellis v. unemployment assistance United offi- iation, and embarrassment. They are Railway Clerks, IAM union officials cials challenged her claim, stating that also seeking punitive damages. repeatedly demanded that Green for- she had been fired for “misconduct” — mally join the union and pay full union despite the fact that United officials dues as a condition of employment. twice recognized her outstanding Union bosses shamed When Green balked at their repeated workplace performance since she was publicly

After the Foundation’s Legal Information Department briefed mem- Support your Foundation bers of the media about the IAM union’s despicable treatment of Green, through Planned Giving reporters from the Des Moines Register newspaper and the Associated Press wire Planned Giving is a great way to support your National Right to Work service contacted the union’s officials. Foundation. Some of the ways you can help the Foundation are: In typical fashion, IAM union bosses ✔ Remembering the ✔ Charitable Trusts absolutely refused to comment publicly Foundation in your Will ✔ Gifts of Appreciated about their actions. ✔ “This shows the true nature of Gifts of Stocks/Bonds Real Estate Machinists union bosses,” said For more information on the many ways you can ensure that your support of Gleason. “They bullied a single mom the Foundation continues, call the Foundation at (800)336-3600 or (703) 321- when they thought no one was paying 8510. Please ask to speak with Alicia Auerswald. attention, but when their evil deeds were exposed, they scurried away with their tails between their legs.” 6 Foundation Action November/December 2001 Sheraton Case Highlights Emerging Organizing Tactics continued from page 2 hotel management eagerly negotiated a union halt its illegal nationwide practice even directing employees to speak to collective bargaining agreement with of discriminating against union objec- union officials if they had any questions the union that bound all of the hotel’s tors and provide proper, independently about the election! employees. Much to the employees’ audited financial disclosure to all Unfortunately, union bosses have so chagrin, the contract also included employees under its domain. far successfully exploited union-friendly mandatory dues. NLRB procedures to delay that vote. Ironically, the union accomplished this by Employees seek to rid filing unfair labor practice charges against Management hung the Sheraton management, claiming it hotel of forced union dues had rewarded Langle with a promotion employees out to dry because of his efforts to protect workers Meanwhile, Langle has gathered against compulsory unionism! So, union officials immediately enough signatures from his fellow “The union’s disingenuous claim that ordered the employees to sign dues employees to hold a deauthorization pro-union Sheraton officials are rewarding authorization cards or face punitive election that would strip union officials Langle for his fight against the hotel’s “initiation fees.” In what appears to of their power to force employees to bosom buddy is beyond laughable,” be a way to trick employees into join- support the union financially in the first said Larson. ing the union formally, Local 49 place. Citing business considerations, “Individual employees like Heath union officials provided them with Sheraton officials also circulated a Langle must not be left to fight alone confusing dual union membership/ memo tacitly discouraging employees against this conspiracy of compulsory dues deduction forms and told them from voting against the union and unionism.” they would be subject to “initiation fees” up to $95 if they did not sign and return the forms. These bully tactics struck Heath Langle as blatantly unjust. “I have a Hotel Union Exposed as Cesspool of Corruption strong belief that I should be able to choose whether or not I participate in The Hotel Employees and the country, illegally compelling union activities,” he said. He added Restaurant Employees (HERE) union memberships and using that, after union officers demanded union has long been described as a forced dues to pay for lavish union tribute from him and his coworkers, “mob-infested union” rife with boss vacation homes and to bankroll “something lit a fire under me.” corruption. Indeed, the troubled the politicians who back them. Langle, who refused to sign a union union recently came under federal The list of prosecutions and card, sought to exercise his Foundation- monitoring after failing to clean its other abuses is long. HERE officers won right under CWA v. Beck to refrain house of organized crime. in Pittsburgh face charges of coer- from formal union membership and to Back in 1986, President Ronald cion for exploiting a deal with the halt and reclaim union dues siphoned Reagan’s Commission on Organized city government to force “represen- into politics and other activities unrelat- Crime uncovered shocking evidence tation” on hotel workers. Shameless ed to collective bargaining, but the that numerous HERE union bosses hotel union bosses have even put union’s officials have so far refused even carried out fraud, money laundering, staffers of adulterous race-baiter to allow any employees to review veri- embezzlement, and racketeering Jesse Jackson on the union payroll as fied financial records. schemes to enrich themselves and the a payoff for staging disruptive Langle contacted the Foundation Mafia dons who “eliminated” threats marches and protests during HERE after reading in his local newspaper to their power. strikes and organizing drives. about a similar case brought by Recent evidence suggests that John Wilhelm, top boss of Foundation attorneys. little has changed in the way the the HERE international union, is Foundation attorneys discovered that HERE union operates today. HERE widely rumored to be heir to John the Local 49 union was carrying out bosses continue to shake down hos- Sweeney’s throne as president of policies established by its HERE inter- pitality industry workers throughout the giant AFL-CIO. national union parent. Thus, Foundation attorneys are demanding in their federal charges that the HERE international November/December 2001 Foundation Action 7 Court Upholds Ohio Ban on Union-Only Contracts Foundation attorneys helped persuade appellate court to limit union abuse

CLEVELAND, Ohio — An Ohio court contract,” said Foundation Vice to pay union dues; use exclusive union of appeals has upheld a cutting-edge President Stefan Gleason. “This ruling hiring halls; and pay above-market Ohio law limiting costly and discrimi- is a victory for Ohio taxpayers, workers, prices resulting from wasteful work natory union-only contracts, called pro- and job providers.” rules and featherbedding. ject labor agreements (PLAs), on state- funded construction projects. National see TAXPAYER EXTORTION, page 8 Right to Work Foundation attorneys PLAs cost taxpayers filed a “Friend of the Court” brief in the case that provided the basis the billions nationwide court used to uphold the law. The Eighth District of the Ohio In a “Friend of the Court” brief, Court of Appeals ruled in Ohio State Foundation attorneys convinced the Building and Construction Trade Depart- court that HB 101 is not preempted by ment v. Cuyahoga County Board of Com- the NLRA because the Act does not missioners that Ohio’s HB 101, the eliminate a state’s right to decide Open Contracting Act, does not violate whether or not to contract with unions. the National Labor Relations Act Under increasingly common PLAs, (NLRA). The court’s decision over- union-friendly politicians award con- turned a lower court’s ruling striking tracts on government-funded con- down the law passed by the Ohio legis- struction projects only to contractors lature in 1999. who agree to force compulsory union- “PLAs are nothing more than raw ism on their employees. PLAs usually extortion where union bosses promise require contractors to grant union offi- not to disrupt public construction cials monopoly bargaining privileges

projects in exchange for a union-only over all workers; force their employees Bob Newell/Pittsburgh Tribune-Review

In 1976, Bruce Cameron came Cameron believes religious Spotlight on… to the National Right to Work objectors draw on a “higher source” Foundation hoping to help employ- of help which has resulted in his Bruce N. Cameron ees whose religious beliefs barred never losing a basic religious accom- Staff Attorney them from joining or financially sup- modation case under civil rights law. porting unions. Cameron is the author of 16 Now, more than 25 years later, published articles on employee rights Cameron has helped thousands of and religion. His pamphlet “Union employees completely cut off pay- Dues and Religious Do Nots: An ments to unions whose radical social Employee’s Guide” is accessible and political agendas clash with their through the Foundation’s web site. sincerely-held religious beliefs. In Cameron earned his J.D. from the beginning, the courts only pro- Emory University School of Law in tected employees who were mem- 1976. In addition to helping union- bers of churches with specific doc- abused employees, Cameron devotes trines on labor unions. Through himself to his family and his church, Foundation-funded litigation, the where he is the lay pastor. Each week courts have now extended protec- he writes a Bible study which is tion to all sincere religious objectors translated into Spanish and Portu- regardless of their church affiliation guese and electronically distributed or specific religious belief. to 7,000 people. 8 Foundation Action November/December 2001 Taxpayer Extortion Message from Reed Larson continued from page 7

Ohio first to ban PLAs

Ohio’s Open Contracting Act was originally drafted by the National Right to Work Committee, which also lobbied President for its passage. The Ohio state legisla- National Right to Work ture passed HB 101 in 1999 after four Legal Defense Foundation union-only construction projects gener- ated massive cost overruns. Since its pas- Dear Foundation Supporter: sage, Utah and Montana have passed legislation modeled after the Ohio law. Big Labor is on the march. Gleason noted that union lawyers will likely appeal the ruling to the Ohio While America ponders its security from terrorist threats, the Supreme Court and that the case could union bosses are stealthily trying to force millions more Americans eventually make it to the U.S. Supreme into the clutches of compulsory unionism through behind-the- Court. “Understanding that there is a scenes legislative maneuvers and card check organizing campaigns. growing grassroots push for states to Even more outrageously, Big Labor’s puppets on the Clinton- end corrupt and costly PLAs, union holdover National Labor Relations Board (NLRB) have decreed bosses may well take this fight to the that all workers can be forced to wear union propaganda as highest court in the land.” a condition of employment — even if they have rejected union Meanwhile, the Foundation is fight- membership. (Foundation attorneys are working to overturn ing the AFL-CIO’s federal suit against that ruling in federal court.) President George W. Bush’s Executive Order prohibiting PLAs on federally fund- The fact is that without your support, the Foundation would be ed construction projects (see September/ unable to stand like a stone wall in defense of individual freedom. October Foundation Action). Of course, the Right to Work cause is winning offensive victories, too. In Oklahoma, as a result of years of preparation by Right to Work supporters, voters recently made the Sooner State the 22nd Get your free copy state in the nation to have a Right to Work law. of “Power Grab” Now, undoubtedly, the battle in Oklahoma will continue in the courts as well-paid union lawyers try to undermine or even reverse Free Copies of “Power Grab: the voters’ decision. You can be sure that the Foundation will protect How the National Education Associa- Oklahoma’s Right to Work law with all it has. tion is Betraying our Children,” are available to Foundation supporters. That is what your Foundation does, day in and day out. G. Gregory Moo’s book exposes how, by virtue of its gov- But we must remain vigilant. The union bosses know that the ernment-granted forced unionism best time to sneak compulsory unionism through is in the dark privileges, the NEA union today of night, when no one is looking. controls the nation’s system of Working together, you and I can ensure that Big Labor’s education, subverts local control of opportunistic grabs for more power are exposed and defeated. education, and uses its power to intimidate teachers who speak out against its ultra-liberal social agenda. Sincerely, To receive a copy of Moo’s damning look at the powerful NEA union, call Jean Griffith at 1-800-336-3600 or e-mail her at [email protected]. Reed Larson