Federal labor board takes up case over union dues dispute

(The Center Square) – Federal labor officials are pursuing a complaint against a local Michigan chapter of the United Auto Workers and a Grand Rapids employer after a worker was allegedly fired for refusing to authorize full union dues deductions.

The National Labor Relations Board has issued a formal complaint against UAW Local 330 and GE Aviation Systems following unfair labor practice charges filed by Richard Howard, a Grand Rapids-based employee.

Howard, who works for GE Aviation Systems, alleged union officials demanded he sign a membership and dues “checkoff” authorization that would have allowed direct deductions from his paycheck. When he refused, he was terminated at the union’s request, according to the charges.

The board’s complaint, issued in late January, seeks to prosecute both the union and the employer. The case will now proceed before a federal administrative law judge.

Patrick Semmens, vice president of the National Right to Work Foundation, told The Center Square in an exclusive interview that the case centers on “several blatant violations” of federal labor law by union officials.

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He added that all Michiganders should care about the outcome of this case.

“Michiganders should care about this outcome because Mr. Howard is just one example of union bosses wrongly using Michigan’s Right to Work repeal as a justification to make egregious demands of workers who are simply trying to earn a living,” he said.

Semmens explained that, even though union contracts can force employees to pay some union fees to stay employed, those fees are not supposed to go to fund union politics. Federal law also prohibits forcing workers to authorize automatic payroll deduction of union dues. He added that, even though Michigan repealed its Right to Work laws in 2023, there are still legal protections for Michigan workers.

“Even though Michigan’s Right to Work law is no more, workers who oppose union control in their workplaces still have options to push back against subsidizing union agendas,” he said. “Mr. Howard’s case is an example that workers can fight back and win to defend these rights. The case also demonstrates why every American deserves Right to Work protections, so they can decide for themselves whether or not a union deserves their financial support.”

Additionally, under the U.S. Supreme Court’s 1988 decision in Communications Workers of America v. Beck, private-sector employees who decline union membership cannot be forced to fund a union’s political or ideological activities.

The UAW has applauded the repeal of Right to Work laws, calling it the “beginning of a new era for Michigan.”

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“For too long we have seen anti-union legislation being introduced and passed in our state legislature. That time has finally come to an end,” said UAW President Ray Curry following the 2023 repeal.

Howard’s charges allege that union officials never informed him of his rights under that ruling, even after he objected to paying for political and other “nonchargeable” expenses.

According to the board’s complaint, the administrative law judge will be asked to order UAW Local 330 to “make [Howard] whole for any loss of earnings and other benefits suffered as the result of his discharge” and to return any dues taken for nonchargeable expenses. The complaint also names GE Aviation Systems for its role in the termination.

Semmens said he is hopeful the judge will rule in favor of Howard.

“The NLRB has already issued a complaint in the case, meaning they agree that Mr. Howard’s rights have been violated,” Semmens said. “Mr. Howard should be made whole for all the losses he suffered. This includes lost pay as a result of the firing, and a return of any dues illegally taken from his paycheck. In addition, victories in cases like these also include the union and employer notifying other employees of their legal rights.”

A settlement does remain possible. If that does not happen, the full board would eventually issue a decision which could be enforced in federal court.

Foundation President Mark Mix said this case is yet another example of why Right to Work laws should be in place to prevent “union boss coercion.”

“The bottom line is that Michigan workers deserve protection from being forced to subsidize unwanted union bosses, whether they oppose them for political reasons, corruption-related reasons, or any other reason,” Mix said. “Michigan’s Right to Work law provided that protection, and the decision to repeal it was a sop to union special interests, plain and simple.”

The United Auto Workers did not respond to a request to comment from The Center Square.

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