Tag Archives: SEIU

Court Refuses To Dismiss Challenge To OSHA Practice Allowing Unions To Accompany OSHA Workplace Investigations

A United States District Court in Texas has refused to dismiss a law suit challenging OSHA’s practice of allowing union representatives and organizers to serve as “employee representatives” in inspections of non-union worksites. If the Court ultimately sustains the plaintiff’s claims, unions will lose another often valuable organizing tool that has provided them with visibility and access to employees in connection with organizing campaigns.

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Court Refuses To Dismiss Challenge To OSHA Practice Allowing Unions To Accompany OSHA Workplace Investigations

United States District Court in Texas has refused to dismiss a law suit challenging OSHA’s practice of allowing union representatives and organizers to serve as “employee representatives” in inspections of non-union worksites. If the Court ultimately sustains the plaintiff’s claims, unions will lose another often valuable organizing tool that has provided them with visibility and access to employees in connection with organizing campaigns.

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Court Refuses To Dismiss Challenge To OSHA Practice Allowing Unions To Accompany OSHA Workplace Investigations

A United States District Court in Texas has refused to dismiss a law suit challenging OSHA’s practice of allowing union representatives and organizers to serve as “employee representatives” in inspections of non-union worksites. If the Court ultimately sustains the plaintiff’s claims, unions will lose another often valuable organizing tool that has provided them with visibility and access to employees in connection with organizing campaigns.

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Supreme Court rules against union on “special” collection of fees

Arnstein & Lehr attorney Lisa A. Baiocchi

Lisa A. Baiocchi

“…This aggressive use of power by the SEIU to collect fees from nonmembers is indefensible. …” Knox v. Service Employees, 567 U.S. ____(2012), Slip No. 10-1121.

On June 21, 2012, the United States Supreme Court, in a 7-2 decision, held that the Service Employees International Union, Local 1000 (SEIU) impinged on the First Amendment rights of California’s public sector employees by requiring non-members to pay 100% of an emergency assessment fund collected without giving them a notice and opportunity to opt out.

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The United States Supreme Court swings balance in favor of non-union public employees who object to union political spends

In another significant workplace decision, the U.S. Supreme Court protected the right of agency-shop non-union public employees to refrain from funding the union’s political agenda.  The effects of this decision could impact the amount of money unions have available to allocate to political causes.

In Knox v. Service Employees International Union, Local 1000 (SEIU),  the SEIU represented a bargaining unit of California public employees under an agency shop arrangement.  Under this arrangement, all bargaining unit employees were represented in the collective bargaining process by the union although some bargaining unit members chose not to join the union.  To avoid a “free-rider” situation where non-union employees reaped the benefits of union representation without paying union dues, the union charged non-union employees for “chargeable expenses” – the portion of dues devoted to negotiating, administering and enforcing the collective bargaining agreement.  The chargeable expenses portion of dues was  set each year based on the union’s prior year audited accounting statements.  Non-union employees could avoid non-chargeable expenses – expenses devoted to furthering the union’s political agenda – by annually opting out of contributions for those expenses.

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