In apparent retaliation for attending an employment agency election as an observer, union officials attempted to fine a Universal Plumbing and Heating employee $4,999
Las Vegas, NV (April 7, 2023) – David Webb, an employee of Universal Plumbing and Heating Inc., has won his lawsuit against the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry (UA) Local 525 after UA union officials illegally attempted to attack him with a to be fined.
Webb exercised his right to participate as an election observer in a National Labor Relations Board (NLRB)-sanctioned election at his place of work, only to face subtle scrutiny from UA officials. In response, Webb, with the support of attorneys from the National Right to Work Legal Defense Foundation, filed an unfair labor practice indictment with the National Labor Relations Board Region 28 against the UA for violating his rights under the National Labor Relations Act.
Unions cannot lawfully discipline non-members. As of 2017, Webb is not a union member and has not paid dues. Universal Plumbing and Heating Inc. is also not a unionized company. Despite this, UA union officials initiated union disciplinary proceedings against him and attempted to obtain a $4,999 fine for exercising his right to participate in an NLRB-managed election, including as an official election observer. Union officials apparently initiated the illegal fine attempt after Webb’s employees voted against bringing the union into their workplace while Webb was serving as an election observer.
The lawsuit that attorneys for the National Right to Work Foundation filed against the UA union for Webb stated that because Webb had not been a member since 2017, he could not legally be disciplined by the union. In addition, the prosecution found that the fine was illegal retaliation for his protected NLRA activity as an election observer.
Just 10 days after Foundation lawyers charged Webb with unfair labor practices against UA, the union capitulated and sent Webb a letter acknowledging that they had no legal basis for the fine because he was not a union member and that he therefore, UA is not subject to fines or other penalties from the local or national UA affiliate.
Although union bosses often initiate internal union disciplinary action against voluntary union members, a long-standing precedent protects non-union workers from facing such retaliation. In addition, workers cannot be legally fined by union officials for exercising their rights protected under federal labor law, including voting in an NLRB-supervised election to determine whether union officials are the monopoly bargaining “representatives” of workers at a certain job or not.
Nevada is a right-to-work state, which means workers cannot be required by law to join a union or pay dues or dues to a union to keep their jobs. But even in states with a right to work, union officials who have gained monopoly bargaining in a workplace are given the power to impose uniform union contracts on all workers, including those who choose not to be union members and would prefer to negotiate their own terms of employment. In the election that triggered Webb’s illegal retaliation, workers voted against giving UA union leaders such monopoly bargaining power.
“This case was open and closed: union officials know workers can exercise their right to vote in an NLRB-sanctioned election, and they were caught in the act violating Webb’s rights,” commented Mark Mix, president of National Right to WorkFoundation. “Although the fine has been officially dropped, Foundation attorneys stand ready to protect the right of all workers to refrain from union activity.”
“Other workers in Nevada and across the country who are facing similar backlash from union officials should know that they can contact foundation employee attorneys for free legal assistance when they challenge union officials who are violating their rights,” added Mix.
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization that provides free legal assistance to employees whose human or civil rights have been violated by forced union abuse. The foundation, which can be reached toll-free at 1-800-336-3600, assists thousands of employees in approximately 250 cases across the country each year.
www.nrtw.org
https://www.nrtw.org/news/las-vegas-plumber-success-04072023/
