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Byron S. Andrus | Staff Attorney (2014-Present) | NRTWLD&EF, Inc

In recent developments on the Eastern Seaboard, trucking employees in Virginia have successfully ousted Teamsters Local 322 from their workplace. Meanwhile, a similar effort is underway by workers in the Philadelphia area against Teamsters Local 500. The push for these changes has been led by Nelson Chilson, a truck driver for NAPA Transportation in Richmond, VA, and Shawn Shute, representing Philadelphia-area Penske Logistics truckers.

Chilson submitted a petition to the National Labor Relations Board (NLRB) earlier this month after gathering signatures from his coworkers to remove Teamsters Local 322 union bosses. Shute followed suit with a petition demanding an NLRB election to oust Teamsters Local 500. Both are receiving legal support from National Right to Work Legal Defense Foundation attorneys.

The NLRB is tasked with enforcing federal labor laws and managing elections related to union certification and decertification. Both petitions filed by Chilson and Shute have exceeded the signature threshold required under the National Labor Relations Act (NLRA) to trigger a decertification vote.

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All eligible truck drivers can participate in these decertification elections. However, at Chilson's workplace, it seems that Teamsters Local 332 officials are attempting to withdraw before the vote takes place by filing a "disclaimer of interest," potentially avoiding an unfavorable outcome.

In New Jersey, where Shute's group operates, there are no Right to Work protections. This means unions can enforce contracts requiring dues or fees as employment conditions. In contrast, Virginia's Right to Work status ensures that union membership and dues payments remain voluntary.

Regardless of jurisdictional differences, union leaders can impose uniform contracts on all workers within a unionized facility using monopoly bargaining rights—even those opposing the union. A successful decertification vote would terminate these powers within a workplace.

Recent policy shifts at the NLRB under Biden-Harris appointees have raised concerns among some workers about potential disenfranchisement due to repealed reforms known as the "Election Protection Rule." These changes could allow unions to block decertification efforts through allegations against management or bypass traditional secret-ballot votes via "card check."

Despite these challenges, Mark Mix of the National Right to Work Foundation noted growing worker resistance against what he describes as out-of-touch agendas pushed by union officials like those in the Teamsters hierarchy. He stated: “Whether it’s continued worker attempts to decertify Teamsters unions...employees are growing wise to the fact that the chiefs of their union may prize power and influence far above their individual rights.”

Mix emphasized ongoing support for individuals like Chilson and Shute: “The Foundation’s cases for Mr. Shute and Mr. Chilson are just a couple examples of workers declaring their independence from unwanted union officials.”

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