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T-Mobile Arena worker files charges over alleged illegal due deductions

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T-Mobile Arena worker files charges over alleged illegal due deductions
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Christian C. Wilson | Staff Attorney (2020-Present) | NRTWLD&EF, Inc

Renee Guerrero, an employee of Levy Restaurants at Las Vegas’ T-Mobile Arena, has filed federal charges against Culinary Workers Union Local 226 and her employer for allegedly deducting full union dues from her paycheck despite her objections to both union membership and dues payments.

Guerrero filed her charges with the National Labor Relations Board (NLRB) with assistance from the National Right to Work Legal Defense Foundation's attorneys. The NLRB is responsible for enforcing federal labor law, including investigating and prosecuting unfair labor practice cases.

Under federal labor law and Supreme Court precedents like NLRB v. General Motors, all private sector workers have the right to refrain from formal union membership. Federal law also requires union officials to obtain written authorization from a worker before deducting union dues directly from their paycheck.

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In Nevada, which has Right to Work protections, Culinary Union officials cannot legally force Guerrero or her coworkers to pay any union dues or fees as a condition of employment. In states without such protections, unions can require workers to pay some dues just to keep their jobs. In all states, unions must get written authorization before deducting forced dues and fees.

“I have a right under Nevada’s Right to Work law to stop all payments to Local 226,” said Guerrero. “Rather than respect my rights they’re ignoring my requests and forcing me to pay. ”

According to Guerrero’s charges against the union, she “submitted two written letters” resigning her membership and revoking any dues check-off authorization she may have signed. However, union officials did not honor her resignation nor provided any documentation she may have signed authorizing due deductions.

In addition to charging the union, Guerrero has filed a separate charge against Levy Premium Foodservice Limited Partnership for facilitating continued deductions.

National Right to Work Foundation attorneys have previously assisted other workers in similar cases against Culinary Union. Earlier this month, Rebecca Swank., an employee of Sodexo at Las Vegas Convention Center filed similar federal charges against the union and her employer for illegally seizing full union dues despite her resignation from membership.

"Between federal law," said National Right-to-Work Foundation President Mark Mix "and Nevada's popular Right-to-Work law workers like Renee Guerrero have a clear right."

"We are proud," added Mix "to assist Renee in ensuring her legal rights are enforced."

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