August/September 2011

FoundationFoundation Th e bi-monthly newsletter of the National Right to Work ActionAction Legal Defense Foundation, Inc. Vol. XXXI, No. 4 8001 Braddock Road • Springﬁ eld, Virginia 22160 www.nrtw.org August/September 2011

Wisconsin Institute for Law and Liberty, Wisconsin State Kristi Lacroix, a 13-year educator and current English teacher at the LakeView Employees Defend Technology Academy in Pleasant Prai- rie, fi led an amicus curiae brief in favor Right to Work of the pro-workplace freedom reforms in the federal court because she does not Protections like her hard-earned money being used to support Kenosha Education Association Foundation assists in union bosses’ political agenda. Badger State civil servants’ Foundation-won precedent battle against compulsory favors teacher union dues Kenosha teacher Kristi Lacroix: “I’m not “I’m in a union that gives money to against the union; I just don’t want to political organizations and candidates I MADISON, WI — As the battle over have to join it in order to teach.” don’t support,” she told the local paper Wisconsin’s recent public sector unionism aft er the brief was fi led. reforms continues to heat up, three pub- union bosses forced-dues and monopoly lic workers are answering the clarion call bargaining powers. to defend their recently-recognized Right see WOrkErs DEFEND page 2 to Work without government union boss kenosha teacher fi les interference. In early June, the Wisconsin Supreme brief in favor of reforms IN THIS ISSUE Court upheld Governor Scott Walker’s re- Wisconsin’s new law frees public em- cently-enacted government-sector monop- ployees from paying compulsory union Boeing Workers Continue Fight oly bargaining reform bill, which sharply 3 Against Union Boss Retaliation dues and ends the practice of using tax- limits government union offi cials’ monop- payer resources to siphon dues into union oly bargaining power over public workers National Right to Work coff ers. Government union lawyers admit- and taxpayers by protecting the Right to Foundation Announces New ted that, under the reforms, public-sector 4 Work for most government employees and Addition to Legal Team union bosses would lose at least a quarter banning automatic forced-union-dues sei- of their forced-union-dues revenues. zures from public employees’ paychecks. Driver Wins NLRB Case against For example, Wisconsin teacher union 5 In response, AFL-CIO and Wisconsin Teamster Discrimination bosses would not be able to force inde- Education Association Council (WEAC) pendent-minded teachers to pay $5.4 mil- union lawyers desperately fi led a sec- lion in forced dues and $375,000 toward Foundation Attorneys Return ond lawsuit, this time in federal district 6 to U.S. Supreme Court teacher union boss politics. Th is high- court, seeking to overturn the law, claim- lights the need for a Right to Work law ing that freedom of association — the for Wisconsin’s workers in both the public 36th Annual CEAFU Conference right of American citizens to voluntarily Gives Teachers the Tools to and private sectors. 7 come together to express their opinions Fight Forced Unionism With free legal assistance from the Na- and petition the government — gives tional Right to Work Foundation and the 2 Foundation Action August/September 2011

Workers Defend Wisconsin Public Sector Right to Work continued from page 1

In Lacroix’s brief, Foundation attor- sin’s government-sector monopoly bar- on their freedom of association by forc- neys clearly lay out how the reform mea- gaining reform bill. ing them to associate with and contrib- sures are indeed legal and constitutional. ute money to organizations they have no Of course, Foundation attorneys have a interest in joining. long list of precedents that they have won “Despite mounting Prior to the enactment of Wisconsin’s re- before the U.S. Supreme Court to back budget deficits...Big form law, the three workers were forced to up Lacroix’s case. pay union dues and accept union “repre- For example, in Abood v. Detroit Board Labor operatives have sentation” to keep their jobs. Now grateful of Education (1976), Foundation attorneys made their position to be free of the burden of union boss in- successfully argued that compulsory union clear: no concessions, ference with their jobs, the workers believe dues for union boss politics violate dissent- that their intervention is necessary to give ing employees’ First Amendment rights. no compromise, and voice to other like-minded public employ- More recently, the Supreme Court unan- no surrender.” ees who want nothing to do with a union. imously ruled in Davenport v. Washington Education Association (2007) that, because Fight for workers and union bosses have no constitutional right Other workers encouraged taxpayers continues to collect fees from nonmembers, a state to join the fray may require union officials to obtain con- If granted, the employees’ intervention sent before spending nonmember govern- After news spread of Lacroix’s coura- would make them full participants in ment employees’ forced fees on political geous stand for her right to refrain from the lawsuit. And while the fate of many activities. The court reiterated that prece- supporting an unwanted union, two oth- of Wisconsin’s civil servants who have dent in the Foundation-supported Ysursa er Wisconsin civil servants joined her in no interest in associating with or paying v. Pocatello Education Association decision filing a motion to intervene in the case. dues to public-sector union bosses hangs (2009), when it ruled 6-3 that an Idaho law With continuing free legal aid from in the balance, the Foundation will con- banning payroll deduction for union polit- the Foundation and the Wisconsin Insti- tinue to fight for the Right to Work for all ical dues from state and local government tute for Law and Liberty, Nathan Berish, of America’s workers. employees is indeed constitutional. a teacher at Waukesha West High School “Despite mounting budget deficits and Foundation staff attorneys have won and Ricardo Cruz, a trust fund special- a public that demands accountability, Big numerous times at the United States Su- ist at the Wisconsin Department of Em- Labor operatives have made their posi- preme Court, establishing precedents that ployee Trust Funds, joined Lacroix to tion clear: no concessions, no compro- support the constitutionality of Wiscon- argue that union officials are infringing mise, and no surrender,” said Mark Mix, President of National Right to Work. “But union boss intransigence shouldn’t Foundation Action be allowed to derail the necessary reforms that free Wisconsin teachers and

Rev. Fred Fowler Chairman, Board of Trustees civil servants from being forced to pay Reed Larson Executive Committee Chairman union dues just to get or keep a job and Patrick Semmens Editor in Chief strip union operatives of their ability to Raymond LaJeunesse, Jr. Vice President and Legal Director drive up the cost of government.” Mark Mix President “We intend to vigorously defend the Foundation-won Supreme Court prece- Distributed by the dents that guarantee government employ- National Right to Work Legal Defense and Education Foundation, Inc. ees cannot be fired for refusing to subsi- 8001 Braddock Road, Springfield, Virginia 22160 www.nrtw.org • 1-800-336-3600 dize union boss politics and to withstand Big Labor’s all-out assault to restore its The Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by abuses of compulsory unionism. All contributions to forced-dues privileges over Wisconsin’s the Foundation are tax deductible under Section 501(c)(3) of the Internal Revenue Code. public workers,” added Mix. August/September 2011 Foundation Action 3 Boeing Workers Continue Fight Against Union Boss Retaliation Worker files federal charge against union officials; another testifies before Congress

Charleston, SC — With free legal assistance from the National Right to Work Foundation, a group of Charles- ton, South Carolina-area Boeing employees are continuing at every level possible their defense of their jobs from a retaliatory union boss attack. As reported in the last issue of Founda- tion Action, International Association of Machinist (IAM) union bosses in Seattle, Washington enlisted the help of President Barack Obama’s National Labor Relations Board (NLRB) to take the unprecedented step of trying to halt Boeing’s production of its 787 Dreamliner airplane in South Carolina and force the company to in- Foundation President Mark Mix was in Seattle briefing local and national media on stead produce the planes in Washington the issue as the Foundation represents workers in the case. — thereby eliminating a thousand existing jobs and thousands more projected to be in the case, but only after the hearings — workers, are protected against the expan- created once production reaches full ca- occurring in Seattle — are concluded. sion of forced unionism,” added Mix. pacity in Charleston. Unfortunately, the NLRB’s half-mea- To that end, Boeing employee Dennis sure is just a ploy by the forced-unionism Murray, who spearheaded the effort to boot Labor board denies advocates on the Board to save face af- IAM union bosses from the plant to help at- workers full say in case ter the public outcry against the NLRB’s tract the new Dreamliner production line, persecution of Boeing’s decision to locate filed unfair labor practice charges against NLRB acting general counsel Lafe Solo- the new plant in a Right to Work state. the IAM union and its Seattle-based Local mon, who is holding the job even though The Board is quietly sweeping the work- 751 for retaliating against the workers for his permanent appointment is being ers’ stories under the rug while appear- removing the union from the workplace. blocked in the Senate, sided with IAM ing that they are not ignoring the work- union bosses and decided to prosecute ers in this case. Employee shares her Boeing for locating production of the new Mark Mix, President of National Right to story with Congress assembly line in South Carolina, a site that Work, blasted the NLRB’s decision to allow was chosen partly because of the state’s the employees only a conditioned say in the Murray’s charge against the union popular Right to Work law. case, despite the great risk to their jobs, stat- points out that if the IAM union hierarchy In response, Charleston Boeing em- ing, “the Board’s ruling is a further injustice still had a presence in the South Carolina ployees Dennis Murray, Cynthia Ra- to these workers, allowing only a minimal plant, then the South Carolina workers’ maker, and Meredith Going, Sr. filed a role in a case so vital to their livelihoods and jobs would not be at risk, something that motion to intervene in the NLRB’s un- the Charleston community at large.” NLRB acting general counsel Lafe Solmon precedented case. was forced to admit before a U.S. House An NLRB Administrative Law Judge Boeing worker files federal Committee on Oversight and Government in San Francisco denied the workers’ re- charge against union Reform hearing held in Charleston shortly quest to intervene and the workers were after the charges were filed. forced to file an emergency appeal with “Foundation staff attorneys plan to At that House Committee hearing, Boe- the national NLRB office in Washington, pursue all legal options to ensure that the ing worker and Foundation attorneys’ cli- D.C. The Board in D.C. ruled that the rights of Charleston-area Boeing employ- ent Cynthia Ramaker was invited by Com- employees can intervene and file a brief ees, and America’s independent-minded see Workers Fight page 4 4 Foundation Action August/September 2011 National Right to Work Foundation Workers Fight Announces continued from page 3 New Addition to mittee Chairman Darrell Issa (R-CA) to unionism power grab launched by the testify and share her story. Obama labor board. Legal Team Ramaker, who depends on her Boe- Th rough its decisions in cases and in ing job to care for herself and her elder- internal “rule-making,” the NLRB has Emory-trained attorney ly mother, took the opportunity to share eff ectively taken up Big Labor’s agenda, brings passion to the fi ght with Congress the harmful eff ects the pushing card-check unionization and for employee rights Obama NLRB’s actions will have on her “ambush” union organizing elections and her family if the NLRB terminates while violating workers’ privacy rights, fi l- SPRINGFIELD, VA Boeing’s South Carolina Dreamliner pro- ing lawsuits against states for passing state — Geoff rey MacLeay, duction work. amendments that attempt to guarantee formerly of Longwood, Meanwhile, Dennis Murray was al- workers a secret ballot vote, and prepar- Florida, has joined the lowed to submit a written statement for ing to overturn a key precedent that pro- National Right to Work the record and, shortly thereaft er, Murray vides a safeguard for workers victimized Foundation’s legal staff also submitted written testimony to the by the abusive card-check process. to help fi ght compulsory unionism in the courts. Senate Committee on Health, Education, “Th e Boeing case is just the tip of the MacLeay is a member of the Florida Labor, & Pensions, sharing his perspective iceberg,” stated Mark Mix. “Th e NLRB’s state bar and a 2007 graduate of the Emo- on the case. forced-unionism backers’ goal of empow- ry University School of Law. ering union bosses comes at the expense “Geoff MacLeay brings a real com- south Carolina just the of individual employees.” mitment to defending employee rights tip of the iceberg “National Right to Work Foundation against the looming threat of compulso- attorneys will continue to work tirelessly ry unionism,” said Ray LaJeunesse, vice Although the Boeing case is a visibly to stop the deluge of NLRB union boss president and legal director of the Na- egregious assault on America’s free en- giveaways, whether they be in Charleston, tional Right to Work Foundation. terprise system and workers’ rights, it’s Seattle, Washington, D.C., or somewhere “He will help pursue the Foundation’s hardly the fi rst, or even the latest, forced- in between.” litigation program to counter Big Labor’s well-funded attack on individual worker rights — from its coercive ‘card check’ organizing campaigns to the misuse of employees’ compulsory dues for politics.” As the newest staff attorney, Ma- cLeay will help build on the Founda- tion’s record of litigation against compulsory unionism, which includes 14 cases decided by the United States Su- preme Court, seven of which were won in whole or in part. National Right to Work Foundation staff attorneys cur- rently represent thousands of employees in nearly 200 active cases nationwide. Before joining the Foundation, Ma- cLeay worked for a public relations fi rm in Alexandria, Virginia. Prior to that, he worked at the Center for Freedom and Prosperity, also in Alexandria. From 2009 to 2010, he was a Koch Associate with the Charles G. Koch Foundation. MacLeay received a bachelor’s degree in history and political science from Tu- Cynthia Ramaker, a Boeing employee who is receiving free legal assistance from the lane University in 2004. National Right to Work Foundation, testifi ed before a Congressional hearing on the NLRB’s power grab in Charleston, South Carolina. August/September 2011 Foundation Action 5 Driver Wins NLRB Case against Teamster Discrimination However, Obama appointees provide blueprint for getting around union anti-discrimination provisions

WASHINGTON, DC — The National officials broke the law by discriminating number of decisions that undermine Labor Relations Board (NLRB), a federal against employees based on their union workers’ rights in favor of Big Labor or- agency charged with administering pri- representation status. However, the ganizers. The most notable example of vate sector labor law, has ruled against Obama Board’s new decision outlines this pro-Big Labor bias was last year’s a Teamster workplace scheme that dis- a way for union officials to get around appointment of Craig Becker to the criminated against nonunion workers. the National Labor Relations Act’s anti- NLRB, a former SEIU lawyer who is Kirk Rammage, the victim of union of- discrimination provisions, indicating poised to decide several cases involving ficials’ discriminatory practices, received that union officials could have lawfully SEIU affiliates. free assistance from the National Right ignored Rammage’s tenure if they had “Teamster bosses discriminated to Work Foundation during his extended claimed it was because he had no en- against a nonunion worker because he had the temerity not to associate with legal battle. forceable seniority instead of saying it their union,” said Patrick Semmens, le- Although the NLRB previously decid- was because he wasn’t previously subject gal information director for the National ed the case in Rammage’s favor in 2009, to union monopoly bargaining. that ruling was later nullified by the Su- Right to Work Foundation. “While we’re preme Court on the grounds that the Biased NLRB tells pleased to report that the Board has fi- Board lacked a three-member quorum at nally gotten around to reaffirming Kirk the time of the decision. union operatives how Rammage’s rights, the Obama NLRB still to sidestep ruling managed to show its pro-compulsory Foundation attorneys unionism bias by taking the opportunity win victory after Unfortunately, the Board’s pro-union to provide union bosses with a roadmap antics didn’t come as much of a sur- for ‘legally’ discriminating against non- years of litigation prise. The Obama NLRB is stacked with union employees in similar situations in the future.” Rammage, an Interstate Bakeries em- Big Labor apologists and has issued a ployee from Ponca City, Oklahoma, was involved in the consolidation of two sep- arate corporate divisions in 2005. Part of one division was staffed by a single nonunion sales representative — Rammage — who had put in more time with Inter- state Bakeries than any of his coworkers at the office where he worked. Although the company wanted to retain Ram- mage and protect his seniority during the merger, Teamster Local 523 bosses demanded that union members receive preferential treatment, putting Ram- mage at the bottom of the seniority ros- ter despite his workplace tenure. At Interstate Bakeries, seniority in- creases employees’ chances of securing desirable sales routes. By insisting that Rammage lose his seniority, Teamster officials signaled that union workers took priority over their nonunion colleagues. When Teamster bosses cancelled his workplace seniority because he didn’t belong to After revisiting the facts of the case, the union, Kirk Rammage turned to Right to Work attorneys for help. After a six-year the NLRB again concluded that Teamster legal battle, he finally forced the Teamsters to end their discriminatory practice. 6 Foundation Action August/September 2011 Foundation Attorneys Return to U.S. Supreme Court Ruling will determine whether nonunion public employees can be forced to subsidize union political activism

WASHINGTON, DC — On June 27, the United States Supreme Court agreed to review a Ninth Circuit Court of Appeals ruling that upheld forcing nonunion Califor- nia state employees to fund union political activism. Th e Ninth Circuit decision came in a class-action lawsuit fi led by National Right to Work Foundation staff attorneys for eight California civil servants — including two former union members — against Service Employees International Union (SEIU) Local 1000 (formerly known as the California State Employee Association). Th e case marks the fi fteenth time Founda- tion attorneys have argued before the high- Next session, Foundation litigators will argue their fi fteenth case before the Supreme est court in the land. Court on behalf of eight nonunion California civil servants who were forced to contrib- ute to the SEIU’s political war chest. Under the Foundation-won Supreme Court decision Teachers Local 1 v. Hud- Court will review this wrong-headed de- ing similar circumstances — remain vul- son, public employees forced to pay nerable to politically charged union boss union dues as a condition of employment cision.” spending. Although Foundation-won must be notifi ed of how much of their In 2007, a federal district court ruled precedents like Hudson provide impor- dues are spent on union activities unre- that SEIU Local 1000 was required to tant protections for nonunion employees, lated to workplace bargaining — such as provide a notice to nonunion employ- union operatives still get away with mis- members-only events and political activ- ees about the assessment, allow them to using workers’ dues for politics because ism — and given an opportunity to opt opt out of paying into the union political many remain unaware of their rights. out of paying for those activities. Despite fund, provide a refund of monies spent Even when workers discover that their this precedent, SEIU union offi cials im- on union boss politics, and pay interest dues are being used to subsidize union posed a “special assessment” in 2005 to from the dates of the deduction to non- political activism, many are unwilling to raise money from all state employees for members who chose to opt out. Aft er embark on a lengthy litigation process a union political fund, regardless of their SEIU union lawyers appealed the case, a divided Ninth Circuit panel reversed to reclaim their earnings. Th e prospect membership status. Nonunion employees of enduring workplace harassment and that decision 2-1 in December 2010. were not given a chance to opt out. intimidation at the hands of union op- On March 10, 2011, Right to Work eratives also deters many employees from staff attorneys fi led a petition for a writ supreme Court standing up for their rights. of certiorari for the plaintiff s with the review stems from “At the end of the day, a California Right United States Supreme Court. years of litigation to Work law is the best remedy for this Controversy highlights type of abuse,” continued Mix. “We hope “Th e Ninth Circuit’s decision allowed the Supreme Court will move promptly union offi cials to extract dues from non- importance of right to ensure that independent-minded civil union civil servants for the purpose of to Work laws servants can’t be forced to fund union po- political activism,” said Mark Mix, presi- litical activism, but drawn-out litigation is dent of the National Right to Work Foun- Without a Right to Work law, Califor- no substitute for a law that would make all dation. “Th at’s unacceptable, which is nia civil servants — to say nothing of the union dues strictly voluntary.” why we are encouraged that the Supreme millions of private sector employees fac- August/September 2011 Foundation Action 7 36th Annual CEAFU Conference Gives Teachers the Tools to Fight Forced Unionism Newsclips Requested Concerned Educators Against Forced Unionism gathering informs and encourages independent-minded educators

WASHINGTON, DC — From June 20 to At CEAFU’s 36th annual conference, ed- June 22, the Capitol Hill Club played host ucators from around the country met, cir- to the 36th annual Concerned Educa- culated ideas, and discussed the problems tors Against Forced Unionism (CEAFU) of forced unionism in the classroom. Th e The Foundation asks sup- conference, a gathering of public school teachers listened to several presentations on porters to keep their scis- teachers from across the country aimed at Big Labor and education, including updates combating the problems of forced union- from Right to Work legislative and legal sors sharp for clipping news ism in education. staff , a briefi ng on state and national educa- items exposing the role union Big Labor’s politicized agenda stifl es tion reform eff orts from a Heritage Founda- public education reform, hurts indepen- tion policy analyst, and a talk from Stanford ofﬁ cials play in disruptive dent-minded educators, and forces unwill- Professor Terry Moe, who discussed his strikes, outrageous lobbying, ing teachers to pay union dues and accept new book, Special Interest: Teachers Unions union “representation.” Protecting teachers’ and America’s Public Schools. and political campaigning. rights is a core mission of the National Right “Th e fact is, as long as teacher unions re- Please clip any stories that to Work Foundation’s legal aid program. main powerful, we will never have eff ective appear in your local paper Since 1975, CEAFU has supplemented school reform in this country,” said Moe, those eff orts by encouraging teachers to set explaining how forced unionism hurts and mail them to: up voluntary teachers’ associations as an al- public education. ternative to forced unionism. For more information, visit CEAFU.org. NrtWLDF Attention: Newsclip Appeal 8001 Braddock road springfi eld, VA 22160 supporters can also email online stories to [email protected]

At the 36th annual Concerned Educators Against Forced Unionism conference, teachers from across the country shared ideas and listened to a number of speakers, including Stanford Professor Terry Moe (pictured above, right). 8 Foundation Action August/September 2011

Message from Mark Mix

Tax-Free President National Right to Work Giving: Legal Defense Foundation IRA Gifts Dear Foundation Supporter, It’s often said that a winning team plays both good offense and defense.

to the That’s especially crucial with an opponent like Big Labor, as you see in this is- Foundation sue of Foundation Action. We know only too well after 43 years in this work that union bosses will use every trick they can think of to catch workers off guard and maintain their forced- This year a number of generous Foundation unionism power. When it comes to forcing more workers into dues-paying ranks, donors have already taken advantage of the Charitable IRA (CIRA) provision of or squeezing the most money out of those workers they possibly can, union offi- the Tax Relief, Unemployment Insurance cials have lied, used intimidation, and have broken the law to get their way. Reauthorization and Job Creation Act. We appreciate the generosity of our donors in Our latest Supreme Court case is just another example. California union sending their IRA distribution, or a portion chiefs of the Service Employees International Union (SEIU) imposed a “special of that amount, to the Foundation as a assessment” on all government workers laboring under monopoly bargaining charitable gift. With only a few months left contracts to subsidize a union political slush fund designed to protect Big La- in 2011 there’s still time to support the bor’s power over those they force to pay as a job condition. Foundation this way. Later this year, Foundation staff attorneys will make our 15th trip to the Unit- The National Right to Work Foundation ed States Supreme Court in Knox v. SEIU to blow apart this scheme, in which is a “qualifying charity” under Internal union bosses flagrantly ignored previous High Court edicts — won by Founda- Revenue Code Section 170(b)(1)(A)(vi) tion staff attorneys — that prevent union bosses from forcing nonmembers to and 509(a)(1). If you own an Individual pay for politics. Retirement Account (IRA) and are over the age of 70 1/2, you may elect to Meanwhile, union lawyers in Wisconsin are trying to undermine those same transfer up to $100,000 directly from precedents in their federal lawsuit seeking to overturn Governor Scott Walker’s your IRA to the Foundation. monopoly bargaining reforms. Your gift can make a difference! The National Right to Work Foundation That’s why Foundation attorneys filed an amicus brief and motion to inter- continues to make significant headway vene for government employees who support the new Right to Work law for in the fight against compulsory unionism civil servants. abuse, and your partnership in this battle is vital. It’s vital we remain prepared to play defense for whatever trick Big Labor pulls next to violate workers’ existing legal protections. As with all planned gifts you consider, please consult your own legal or tax And it’s just as vital we continue to stay on the offense by filing new lawsuits advisor to receive the utmost tax benefits like Knox against union bosses to set new precedents expanding those protec- for you and your family. tions. That is why we’re expanding our legal staff.

Distributions should be made payable to: But, none of this would be possible without the generosity of Right to Work National Right to Work Legal Defense and supporters like you. Our ability to argue cases all the way to the Supreme Court Education Foundation, Inc. is because of your investment.

If you have any questions regarding an IRA Sincerely, gift or a planned gift to the Foundation, please contact Ginny Smith, Director of Strategic Programs, at 703-770-3303, or [email protected]. Mark Mix