STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

classic Classic list List threaded Threaded
15 messages Options
Ted
Reply | Threaded
Open this post in threaded view
|

STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

Ted
This post was updated on .
re: Montgomery Ward & Company - NLRB

If you are not working, you do not have to pay the "working dues assessment" until you return to work for a signatory contractor who is under the terms & conditions of the CBA.

You only need to maintain/pay your Monthly Union Dues to the District Council during times of lay-off/unemployment to keep your book open.

All OOWL Members can use this provision of Board precedent and not pay the Working Dues Assessment, the qualifier being "working". The UBC Constitution, Council Bylaws aside, neither over-rule the NLRA. The UBC & the Councils are also not spared by General Savings Clauses and/or Severability Clauses.

Wright Line analysis does not apply, re: when the Employer & Union violate the express requirements in the Act, examination of motive/intent does not change the outcome. The UBC's maintenance of membership provisions are of no force or effect for additional assessments.

This is the direct quote under "CONCLUSIONS OF LAW" portion of the Ruling.


It is well established that the only obligation an employee has under the compulsion of the proviso to Section 8 (a) (3) of the Act, is to pay dues for the period of employment with the employer 'who is a' party to the contract 12 and during the term of the contract.13

Accordingly, we hold that by enforcing and maintaining the contract so as to require employees under threat of discharge to pay dues for periods of time when they may have been members of the union but not employees of Ward, Respondent Company and Respondent Union violated * Section 8 (a) (3) and (1) and 8 (b) (2) and (1) (A), respectively.

We also find that the Respondent Union violated Section 8 (b) (1) (A) by its letter of March 7, 1957, in which it threatened Schlosser with loss of employment if she did not pay union dues and that the Respondent Company violated Section 8 (a) (1) by notifying Schlosser it would have to discharge her if she did not pay the dues demandedby Local 794.
Ted
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

Ted
This post was updated on .
MORE ON DUES, INITIATION FEES, CLOSED SHOPS,

RE: ARGO STEEL 122 NLRB 1077 (1959)

SEE ADDITIONAL CONCLUSIONS OF LAW AT BOTTOM:

The General Counsel has requested application of the Bro tvn-Olds 14 remedy to expunge the effect of the illegal closed-shop conditions of employment. It is now more than 10 years since Congress enacted a statute outlawing certain union-security provisions, particularly the closed shop. Notwithstanding the statutory prohibition, the Respondents as late as 1956 entered into a contract which incorporates working rules of the union which have the plain effect of retaining unlawful closed shop conditions of employment.

This is not the result of a mere technical oversight to the making of an otherwise lawful union security contract. l5 Rather it seems to reflect a policy of deliberately ignoring and flouting the statutory prohibition. By enforcing closed-shop conditions of employment, the Respondents have inevitably coerced employees to pay the dues, fees, and assessments necessary to achieve and retain membership in the Respondent Union or to receive a permit entitling them to work within the Union's jurisdiction. 

At this late date it will not effectuate the policies of the Act merely to require the Respondents to cease and desist from their unfair labor practices. In order adequately to
remedy the unfair labor practices found, and to encourage compliance with the Act in the future, the Respondents should be required to reimburse employees of the Respondent Company for any dues, fees, assessments, or other moneys that were unlawfully exacted from them as a condition of obtaining or retaining employment with the Company.

Accordingly, we shall order the Respondents jointly and severally to refund to all employees of the Respondent Company the initiation fees, permit fees, assessments, dues, and other moneys paid by them as the price of their employment.ls The liability of the Respondents for reimbursement shall include the period beginning 6 months prior to the filing and service of the amended charges herein and shall extend to all such moneys thereafter collected, ex-13

For the reasons set forth by the Trial Examiner, we reject the contention of the Respondents that the terminal date for computing back pay should be August 2, when Worley obtained a letter from Acorn Iron Works saying he was not indebted to it. 14 United Association of Journeymen & Apprentices of Plumbing & Pipe Fitting Industry-(J. S. Brown-E. F. Olds Plumbing & Heating Corporation), 115 NLRB 594, 597--602. 15 Philadelphia Woodwork Company, 121 NLRB 1642. 1e N.L.R.B. v. Broderick Wood Products Company, 261 F. 2d 548 (C.A. 10) ; Los Angeles-Seattle Motor Express, Incorporated, 121 NLRB 1629. ARGO STEEL CONSTRUCTION COMPANY 1085 empting the period between the date of the Intermediate Report and the date of this Order, as the Trial Examiner found that the 1956 contract was not invalid either in language or in application.17


ADDITIONAL CONCLUSION OF LAW

By maintaining and enforcing an agreement, understanding or practice whereby membership in or clearance from the Respondent Union is required as a condition of employment,
and by granting travel allowances to employees referred through the Respondent Union Which are not granted to employees obtained from other sources, and by requiring employees or applicants for employment to pay dues, initiation fees, assessments, permit fees, or other moneys to the Respondent Union in order to obtain and retain employment, the Respondent Company has violated Section 8(a) (I) and (3) and the Respondent Union Section 8(b) (1) (A) and (2) of the Act.
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

listman
tvn-Olds 14, --------- Funny shit ! The mob was calling Forde Olds.


Ted, or any other member willing enough, - hypothetically speaking of coursef - if there were a class action w/injunctions initiated that wouldn't necessarily cost you a dime I'd like to see a show of hands as to those interested in signing on.  
Ted
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

Ted
listman - you are very knowledgeable in these matters....do you have the ability to shepardize these cases, for others citing them? I am not aware of either being overturned or reversed, are you?

as for a class action - I'd sign on, but would qualify it to preference of the venue which addresses it in the swiftest manner. Class Action suits can drag on for years w/o end.
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

listman
How do we communicate off site.   I'd be more than happy to refer in depth as to this possibility and the concerns you address.  At this point its a must. Why not stop paying dues and accomplish this also. There's a double whamy on the fire and I need to point out both those intracacies and how its best suited for any action arising. Go to iamlistman@yahoo.com.
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

?????
In reply to this post by Ted
Is this not in relation to a nonunion member not having to pay dues if they are not working on a union site?
Ted
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

Ted
First case is Mongomerey Ward & Company 121 NLRB 1552, you can google it or go to nlrb.gov & hit decisions, Board Decisions top left side on drop down scroll down to #122, hit apply & scroll down until you see #122-1552

read the case & the citations

2ND:

The NLRB protects both Union & Non-Union Workers from abuse, a point often overlooked by us Union men & woman.

Neither case 'turns' on Union or Non-Union status, rather, they focus on the NLRA as written and what Congress actually wrote into the law, I posted the relevant portions in both cases cited above so people could avoid reading the entire case and thus get to the cruxt of the matter. If you need the context - read both cases.

Both cases focus on the proviso to NLRA Section 8(a)(3).

Final Point - another oft overlooked aspect of the NLRA.....when we read cases, we tend to belive it is about the specific person or persons involved in a case, but that is only to a certain extent. The NLRB Board & General Counsel sometimes look at the greater issue(s) such as in these two cases & how it effects all of Labor (union & non-union) and they said as much in their rulings.

These cases were not just about Montgomerey Ward employees or the Argo Steel employees, they were focused on the entire labor market throughout the U.S.A.

ALSO:
The 24th Annual Report to CONGRESS by the NLRB, page 70 notes:

"(c) Illegal Enforcement of Union Security Agreement"

"As again pointed out by the Board, "the only obligation an employee has under the compulsion of the proviso to Section 8(a)(3) of the Act, is to pay dues for the period of employment with the employer who is party to the contract and during the term of the contract". 83

"Thus, the Act was held violated where an otherwise valid Union Security Agreement was enforced so as to compel the payment of dues by employees for periods when they may have been members of the contracting union but were not employees of the contracting employer". 84

"One employer was held to have unlawfully discharged an employee because he had reasonable grounds for believing that the unions discharge request was not based on the employees dues delinquency but upon his refusal to sign a new checkoff authorization". 88

88*

Citation No. 88 seems amply titled "AMERICAN SCREW CO. 123 NLRB 1298"

NOTE:

THIS CASE BRINGS UP THE 20/20 PNWRCC new authorization & skills form by the UBC, which is Illegal on its face for this reason and for failure to provide Beck rights Notification forms & for the failure to allow the Union Member to "resign to escape the rule" in direct contravention to Supreme Court precedent.

Moreover, even after someone quit or was fired, the dopey UBC Attorney who authored this shit pretty much said the UBC is still gonna come after you & make you pay up each month.

The ARROGANCE of the UBC in the PNWRCC 20/20 SKILLS FORM VERBAGE & DUES CHECKOFF AUTHORIZATION IS SICKENING AND WILL CLEARLY NOT STAND WHEN CHALLENEGED IN DISTRICT COURT.

ANYONE WHO KNOWS OF A BROTHER OR SISTER OUT WEST WHO WANTS TO FILE CHARGES & GET AN INJUNCTION, PLEASE PASS THIS INFO ALONG & HAVE EM CONTACT AUD FOR LEGAL ASSISTANCE SO IT CAN BE PROPERLY FILED!
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

zzzzz
National Labor Relations Act, Section 8: UNFAIR LABOR PRACTICES

Sec. 8. § 158. (a) Unfair labor practices by employer It shall be an unfair labor practice for an employer—

(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 section 157 of this title;

(2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the Board pursuant to section 6 section 156 of this title, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;

(3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: Provided, That nothing in this Act subchapter, or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in section 8(a) of this Act in this subsection as an unfair labor practice) to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later, (i) if such labor organization is the representative of the employees as provided in section 9(a) section 159(a) of this title, in the appropriate collective-bargaining unit covered by such agreement when made, and (ii) unless following an election held as provided in section 9(e) section 159(e) of this title within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement: Provided further, That no employer shall justify any discrimination against an employee for nonmembership in a labor organization (A) if he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or (B) if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

listman
So go file one !
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

?????
file what? i cannot find anything in any of your posts which shows that a union member only has to pay dues when they are working.
Ted
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

Ted
Then you need to re-read the cases cited above with specific quotations from the NLRB Board, do some more research on your own, or failing that - should you still not get it, go to a community college & take some remedial english classes.

The Board wrote their decision in clear & plain language. You obviously have a computer, so go back to the NLRB.GOV site, pull the cases, hit print, read them cover to cover first. The go have a beer or two....walk away for a while, clear your head, then get your self a ruler, pen, pencil, highlighters & revisist the case and break out the key points and study them.

Then you can take all your questions to the English teacher at the community college for clarification.

Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

?????
So you are suggesting that you need to be drunk to come to the conclusions you reached? are you suggesting that i will need an alcoholic judge to hear the case also? cos the key point that i read in the law which you quoted was that an employer could fire an employee who did not pay their dues,  
 (B) if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;
perhaps you should reread those cases when you are not inebriated.
Ted
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

Ted
Hey anon, you back? Back in attack mode I see - womever you may be......it matters not, the NLRB Board issued the Rulings and they are very clear on their face, that is - if your IQ is above 75 and you are not Forrest Gump.

Again, re-read the D & O in the Montgomerey Ward case &  re-read Argo Steel....additional conclusions of law (it's at the bottom). Are you actually that stupid that you cannot comprehend what the Board decided & wrote in its Decision & Order?

Did you miss the part about ignoring & flouting the Statutory provisions of NLRA Section 8(a)(3) in Argo? Do you know what "ignore" & "flouting" mean?

The facts are in the cases are clear, the verdict is in & no matter how often you post up meaningless dribble or put forth personal attacks it won't change the results of either Decision & Order from the Board as they are amply clear to all with an ounce of brains in their head.

Whatever you do, stay in the field and chances are you don't even belong there either as it is very obvious that you are mentally deficient and that you fail and refuse to comprehend basic English, and that you are intentionally reading shit into the D & O that simply is not there to dissuade members from acting in their best interests.

Chances are you are a Council Rat hiding behind a pretend screen name, as assholes like you only jump on this blog to attack the issues which informs members of their rights. Newsflash - McCarron, Silins, Spencer & the rest of the shit bags on the UBC E-Board of the International are all swiftly becoming old men. They will not be around forever & may leave sooner than you think. You can drive them to the Airport when they do leave & shine theiur shoes while you at it.
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

?????
 when you post you like to "ignore" & "flout " what you read. the thing is, the facts are clear, this is why i am having a hard time trying to see how you are trying to say that they say something other than what is clearly written.
the crux one case lies in the fact that a union cannot require you to maintain membership in that union if you are not working under that unions jurisdiction. so if you were to say get a job for a few years as a taxi driver and were not paying your dues to the carpenters union for that time, and then returned to carpentry, all the union could charge you are the fees for a new member. they cannot require you to pay back dues to the last time you paid.
i still think that you should try reading these sober, i have posted the statute you quoted above, it does not support your claims.
Ted
Reply | Threaded
Open this post in threaded view
|

Re: STOP PAYING DUES - RELEVANT CASE 8(a)(3) NLRA

Ted
???????????? re-read these quotes from the NLRB in it's 24th Annual Report to Congress. They are both amply clear on their face (that is without further explanation)
___________________________________________________________________________

The 24th Annual Report to CONGRESS by the NLRB, page 70 notes:

"(c) Illegal Enforcement of Union Security Agreement"

"As again pointed out by the Board, "the only obligation an employee has under the compulsion of the proviso to Section 8(a)(3) of the Act, is to pay dues for the period of employment with the employer who is party to the contract and during the term of the contract". 83

"Thus, the Act was held violated where an otherwise valid Union Security Agreement was enforced so as to compel the payment of dues by employees for periods when they may have been members of the contracting union but were not employees of the contracting employer". 84

?????????
THE ABOVE QUOTATIONS ARE IN PLAIN & CLEAR LANGAUGE FOR EVERY MAN TO UNDERSTAND