Bronx educator files federal charges against UFT over alleged illegal threats

Blaine L. Hutchison | Staff Attorney (2019-Present) | NRTWLD&EF, Inc

By Sky Industry News

Dec 4, 2024

Uriel Barrera, an educator at KIPP Academy Middle School in the Bronx, has filed federal charges against officials of the United Federation of Teachers Local 2 (UFT), an affiliate of the American Federation of Teachers (AFT). The charges allege that union officials threatened teachers with the loss of benefits if they did not join the union and demanded dues without legal authority. Barrera submitted these unfair labor practice charges to National Labor Relations Board (NLRB) Region 2 in New York with support from the National Right to Work Legal Defense Foundation.

The NLRB enforces private sector labor law, which applies to many charter schools like KIPP Academy Middle School. According to Section 7 of the National Labor Relations Act (NLRA), union officials cannot restrict workers' rights to refrain from union activities through threats. The NLRA also prohibits demanding dues unless a monopoly bargaining agreement is finalized with their employer.

In New York, UFT officials can negotiate contracts requiring KIPP educators to pay dues as a condition for employment due to the absence of Right to Work protections. In Right to Work states, however, union membership and financial support are voluntary. Regardless, in all jurisdictions, unions can impose uniform contracts on dissenting workers.

Get the Newsletter

Sign-up to receive weekly round up of news from Sky Industry News

By submitting, you agree to our Privacy Policy and Terms of Service. By providing your phone number you are opting in and consenting to receive recurring SMS/MMS messages, including automated texts, to that number from our short code. Msg & data rates may apply. Reply HELP for help, STOP to end. SMS opt-in will not be sold, rented, or shared.

Barrera's charge claims that in September, a UFT official sent an email to KIPP employees making "threatening statements" about existing benefits being contingent upon signing a dues deduction form. The email suggested that dues were mandatory even without a monopoly bargaining agreement enforcing such payments. Seventy-five KIPP educators are reportedly under UFT control according to Barrera’s filing.

“UFT union officials are misleading my fellow teachers about our legal rights and causing confusion in the workplace,” stated Barrera. “This type of disrespectful behavior is exactly why a majority of my coworkers want this union gone, and why we should be able to hold the decertification election right away.”

Barrera and his colleagues have also filed a petition for a decertification election with the NLRB since May, which contains enough signatures under NLRB rules for such an election. This allows employees in a work unit to vote on whether to remove a union.

This action follows another successful decertification effort by Robin Johnston and her colleagues at KIPP St. Louis High School against AFT Local 420 after submitting their petition with assistance from the Foundation. St. Louis educators criticized AFT Local 420's strike order as prioritizing union goals over student progress.

National Right to Work Foundation President Mark Mix commented: “AFT officials, with radical Randi Weingarten as their leader, are no strangers to putting union boss control and influence ahead of the wellbeing of both students and teachers.” He added that granting unions forced-dues powers creates issues especially within schools where they can hold both teachers and students hostage.

“These threats against teachers show exactly why the NLRB should promptly schedule the decertification election,” Mix emphasized.