Thursday, April 15, 2021
Hawai'i Free Press

Current Articles | Archives

Tuesday, April 6, 2021
UNITE HERE Bosses Back Down after Federal Charge Challenging Illegal Dues Seizures 
By News Release @ 5:28 PM :: 668 Views :: First Amendment, Labor

UNITE HERE Bosses Back Down after Honolulu Kaiser Permanente Employee Files Federal Charge Challenging Illegal Dues Seizures 

Employee asserted right under Beck Supreme Court decision to opt-out of paying for union politics 

News Release from National Right to Work Legal Defense Foundation

Honolulu, HI (April 6, 2021) – By filing federal charges against the UNITE HERE Local 5 union, Honolulu Kaiser Permanente employee Nina Chiu has successfully defended her rights under the CWA v. Beck U.S. Supreme Court decision. She received free legal aid from National Right to Work Foundation staff attorneys in filing her charges.

Beck was won by Foundation staff attorneys in 1988. The Court held that the National Labor Relations Act (NLRA) mandates that union officials cannot force private sector workers who decline formal union membership to pay union fees as a condition of keeping a job for anything unrelated to the union’s bargaining functions. This includes the union’s political expenditures. The Beck precedent also requires union bosses to provide nonmember employees with an independent audit of the union’s breakdown of expenditures, their process for determining the reduced union fee amount, and information on how to challenge the union’s determination.

Chiu, though she is not a union member, can still be forced to pay this reduced amount of union fees as a condition of employment because Hawaii lacks Right to Work protections for its private sector employees. Under Right to Work, union membership and all union financial support are strictly voluntary.

According to Chiu’s charge against the UNITE HERE Local 5 union, even after she submitted two letters exercising her Beck rights, she had “not received a financial breakdown and [was] still being charged the equivalent of full dues.” Consequently, her charge argued, the UNITE HERE Local 5 union breached Chiu’s rights under the NLRA, which guarantees all workers the right to “refrain from any or all” union activities.

NLRB documents now show that UNITE HERE officials have backed down and reduced Chiu’s dues payments “consistent with Union’s determined dues chargeable rates” and mailed her “the Union’s Auditor’s Report, Union’s Statement of Expenses, and procedure for challenging the Union’s dues chargeability determination.”

Chiu’s victory comes as Foundation staff attorneys assist many other workers subjected to Beck rights violations by union officials. Most recently, Foundation attorneys aided Queens, NY-based UPS employee Kamil Fraczek in filing a federal charge against Teamsters Local 804 officials, who had unlawfully demanded that he become a union member and authorize full dues deductions from his paycheck or be fired.       

“While we are pleased that Ms. Chiu has successfully defended her rights under Beck to abstain from paying for union politics, employees should not have to file federal charges to get union bosses to respect their rights,” commented National Right to Work Foundation President Mark Mix. “That Ms. Chiu and other employees across the islands can be forced to pay anything to union bosses they have actively chosen to dissociate from again demonstrates why Aloha State legislators need to pass a Right to Work law, so union membership and financial support are strictly voluntary.”  

###

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, assists thousands of employees in more than 250 cases per year. Its web address is www.nrtw.org.

BACKGROUND: Illegal Dues Seizure: Federal Labor Board Charges Filed Against UNITE HERE Local 5

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

ALEC

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Ballotpedia Hawaii

Better Hawaii

Blaisdell Memorial Project

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

Coffee Break

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Life Alliance

Hawaii March for Life

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT