FoundationFoundation The bi-monthly newsletter of the National Right to Work Legal Defense Foundation, Inc. Vol. XXVIII, No. 5 8001 Braddock RoadActionAction • Springfield, Virginia 22160 www.nrtw.org September/October 2008 Radical SEIU Chief Andy Stern is enforcing a new PAC fundraising Foundation mandate on local union affiliates. Seeks Federal Mukasey, Mix urged the Department of Justice to take immediate action: Investigation into “Not only are large numbers of employees (forced to fill SEIU coffers) harmed Union Political by this crime, but, given the close vote in recent national elections, Fundraising the illegal SEIU activity effectively disenfranchises voters who follow the New SEIU rule law… To protect the rights of workers coerces workers to forced to pay compulsory dues and fees, and the integrity of the fund electioneering November elections, I trust you will act upon this information.” aren’t tainted by unlawful union WASHINGTON, DC – In recent weeks, For more on the political implica- activism that violates the rights of rank- National Right to Work Foundation tions of the SEIU’s illegal fundraising, a and-file workers.” President Mark Mix has called on the high-profile Wall Street Journal editorial Department of Justice and the is reprinted on page 6. Department of Labor to open a federal investigation into the Service SEIU amendment threatens Employees International Union’s workers’ rights (SEIU) shady fundraising activities. IN THIS ISSUE A brazen new requirement adopted The new union requirement could at the SEIU’s national convention pressure local affiliates to use nonmember Supreme Court Issues Rare imposes financial penalties on local employees’ mandatory dues payments 2 Rebuke to Meddling Bush Lawyers affiliates that fail to meet mandatory to cover PAC contributions and pay for fundraising targets for the union’s the SEIU’s punitive fines. While the 3 Union Bosses, Co-opted Hospital political action committee (PAC) imposition of coercive financial Scheme to Impose Union and other electioneering activities. penalties is illegal regardless of how Foundation Defends Against Foundation staff attorneys believe the fines are spent, the undisclosed use 4 Union Identity Theft, Conspiracy that this requirement violates federal of funds derived from nonmembers’ election law, which forbids organiza- fees for political purposes would also 5 High Court Agrees with Foundation tions from exacting political contributions violate employees’ constitutional rights, on Coercive Organizing Law through threats of financial reprisals. if not federal law. “SEIU bosses are making a mockery Union officials are on track to spend The Wall Street Journal, 6 Docking Paychecks for Politics of federal law. It’s vital the Department more than $1 billion to influence the of Justice and Department of Labor take 2008 elections, and the SEIU scheme has NLRB Persuaded to Prosecute action now before the damage is done,” the potential to irreparably compromise 7 Nurse Union Officials for Threats said Mix. “We need to do everything the integrity of the electoral process. possible to ensure the elections’ results In the letter to Attorney General 2 Foundation Action September/October 2008 Supreme Court Issues Rare Rebuke to Meddling Bush Lawyers Administration lawyer will not have time during oral argument to parrot union arguments WASHINGTON, DC – A bit Gregory Garre, Acting Solicitor General, of good news came in the door filed a motion to grab part of as Foundation attorneys pre- Foundation attorneys’ limited oral pare for oral arguments before argument time to repeat these detri- the United States Supreme mental arguments before the Court. Court on October 6 in Locke v. Karass. In an extremely rare Supporters ask Bush move, the High Court Administration to denied a motion by Bush withdraw from case Administration lawyers seek- ing to force their way into the National Right to Work Foundation oral arguments, even though President Mark Mix – joined by no federal statute or federal thousands of Right to Work supporters agency is implicated in the who have mailed and called the White case. House and the Department of Labor – has repeatedly asked the Bush Foundation Supreme Administration to withdraw its Court case shameful legal brief. At press time, Secretary of Labor Elaine Chao should pull the it has not done so. But this rare rebuke examines forced plug on her pro-forced unionism legal brief filed in by the Supreme Court underscores what dues assessments the Foundation’s U.S. Supreme court case. Foundation attorneys have argued all along: The federal government has As reported in the June/July issue of government’s position would allow absolutely no business nosing into Foundation Action, U.S. Solicitor union officials to charge employees who the Locke case, particularly since it General Paul Clement submitted a exercise their right to refrain from wishes to tear down First Amendment controversial legal brief in Locke before formal union membership for union protections. resigning in May. If adopted, the federal activism nationwide. Clement’s successor For continuing updates on Locke and the Foundation’s hundreds of other cases, check out the Foundation’s blog, Freedom @ Work, at Foundation Action http://www.nrtw.org/blog. Rev. Fred Fowler Chairman, Board of Trustees Free Newsletter Reed Larson Executive Committee Chairman Mark Mix President If you know others who Stefan Gleason Vice President and Editor in Chief would appreciate receiving Ray LaJeunesse, Jr. Vice President and Legal Director Foundation Action, Distributed by the please provide us with National Right to Work Legal Defense and Education Foundation, Inc. 8001 Braddock Road, Springfield, Virginia 22160 their names and addresses www.nrtw.org • 1-800-336-3600 or email us at wfc@nrtw. org. The Foundation is a nonprofit, charitable organization providing free legal aid to employees We’ll rush them the whose human or civil rights have been violated by abuses of compulsory unionism. All contributions to the Foundation are tax deductible under Section 501(c)(3) of the Internal Revenue Code. next issue. September/October 2008 Foundation Action 3 Union Bosses, Co-opted Hospital Scheme to Impose Union Nurses get Foundation’s help in objecting to illegal pre-recognition bargaining HOUSTON, TX – With free legal aid NLRB bureaucracy “rents” Tenet refused to offer equivalent from staff attorneys at the National assistance and support to nurses who Right to Work Foundation, two nurses itself out to union organizers do not want to unionize or who at Tenet Healthcare Corporation-owned prefer a union other than the CNA. One of the NLRB’s most central hospitals in Texas have filed unfair labor The Supreme Court’s 2008 decision functions is its role as the supposed practice charges against both Tenet and in Chamber of Commerce v. Brown– overseer of “laboratory conditions” of the California Nurses Association a victory achieved with help from union certification elections. Traditionally, (CNA). Esther Marissa Cuellar, a nurse Foundation attorneys (see page 5)– the Board determines which employees at Cypress Fairbanks Medical Center, suggests that “an underlying right belong in the bargaining unit to be to receive information opposing union- where the CNA has already unionized, represented by a union and then ization” exists under Section 7 of and Linda D. conducts the elec- the Act. In the EPA, however, Tenet Bertrand, a nurse at tion to make sure and union officials agreed on what Park Plaza Medical CNA union bosses’ that it is not tainted. information about unionization Tenet Center, brought to dirty little secret is that The Tenet/CNA pact could provide its employees, effectively light that CNA offi- effectively reduced they only oppose secret gagging supervisors from responding cials and Tenet ille- the Board’s role in to nurses’ requests for truthful gally entered into backroom deals that the “certification” information about the CNA’s record and agreements to force process to a mere don’t include them. purposes. Tenet also discriminated nurses into CNA ballot counter and against nurses who oppose the CNA by union ranks. rubber stamper of preventing them from using normal CNA bosses and Tenet executives the phony and coercive process. signed a so-called “Election Procedure employee space to advocate their position. The EPA also called for Agreement” (EPA) in which both sides “binding interest arbitration of first made promises – agreeing to one-sided Big Labor pressures medical contracts,” a clear instance of unlawful and coercive procedures for the union corporation to sell out nurses pre-recognition bargaining. organizing drive as well as particular substantive terms of a future contract. Tenet provided unlawful support and It is illegal under the National Labor assistance to the CNA by providing Union bosses say one thing, Relations Act (“the Act”) for a firm to union brass with employee lists and do another negotiate terms and conditions of personal information, broad access to employment with a union before the the hospital, and a dubious arbitration Hypocritically, CNA union chiefs in union demonstrates that an uncoerced process that allowed CNA officials to go California launched an extensive majority of employees want union beyond the initially agreed upon time public campaign to chastise a competing officials as their monopoly bargaining limit to coerce more nurses into signing union, a Service Employees Inter- representatives. union authorization cards. Meanwhile, national