Carroll’s charges at Region 9 of the National Labor Relations Board (NLRB) in Cincinnati explain that the form UFCW union bosses forced him to sign is an illegal “dual purpose” membership form, which seeks only one employee signature for authorization of both union membership and dues deductions. Federal labor law requires that any authorization for union dues deductions be voluntary and separate from a union membership application. Additionally, Supreme Court precedents like General Motors v. NLRB recognize the right of workers to refrain from formal union membership.
In contrast to neighboring Indiana, Kentucky, and West Virginia, Ohio lacks a state Right to Work law. This means UFCW union officials have the power to force Carroll and his coworkers to pay union dues or fees as a condition of keeping a job, even if they are nonmembers. However, even without Right to Work, union officials must obtain employees’ consent before instructing an employer to deduct union dues directly from a worker’s paycheck, and forced-fee amounts cannot include money that goes toward a union’s political activity, as established in the Foundation-won CWA v. Beck Supreme Court decision.
In addition to securing a victory in his case, Carroll took the additional step of transferring to a Kroger store in Right to Work Kentucky to avoid any future union threats demanding payment. Under Right to Work, all payments to the uni on are strictly voluntary , meaning Carroll cannot be forced t o fund th e very UFC W officia ls who violated his rights .
On Illegal Dues Practices , Kroge r an d UF CW Ar e Repea t Offender s
This isn ’t th e firs t tim e Foundatio n attorne ys hav e aide d Krog er employee s facin g illega l dua l purpos e membershi p form s pushe d by UF CW unio n bosse s . I n Februar y2023 , Housto n TX are a Krog er worke r Jessic a Haefne r file d federa l charge sagains t th e UF CW fo r presentin g he r wit h suc h dua l purpos e form , an d fo r alterin g he r writin g o n th e for m t o sho w sh e consente d t o unio ndue sd eduction swhe ns hewa sac tuall y tryin g exercis eher righ tun de r Texa s’Righ tt o Wor klaw abstai ndu espaymen t
I n2024 , Foundatio nattorney salsoassiste daPortland areagrocerystor eemploye eReegi nSchaffe rfille dwonfederalunfairlabo rpracticecharge sagains taUF CWunio nth erecas eunio nofficial signo re h errequest sresig nunionmembershi pdurin gstrike thenunlawfull yretaliate dagainstseekin gfine exerci sin grebuf funionbos ss trikeorder sgowork
"Wepleasedlega lvictor yMrCarrol lnowno wcompletel yf reeu nionbosse sf orcedduesdemand sbecaus ew ork sRigh tWorkKentuck y"commentedNationa lRigh tWorkFoundatio nPresiden tMar kMix "Ofcours emostworker ssubjectedu nionbosse spayuporbefire dthreat sdonthav eoptio ncommutin glocatio nRigh tWorkstate "
"Thatsdespit egoodresolutio nthoug hcase show sworker severywher enee dRigh tWorkprotectio ns"adde dMix
Alerts Sign-up
