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Missouri and Minnesota employees file federal charges over mandatory payment for union politics

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Missouri and Minnesota employees file federal charges over mandatory payment for union politics
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William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

Tina Delkamp, a Honeywell FM&T employee in Kansas City, Missouri, and Meriem LeClair, who works at Cornerstone Advocacy Center in Bloomington, Minnesota, have filed federal charges with the National Labor Relations Board (NLRB). Both are challenging union policies that they say force nonmember workers to pay for union political activities. They are represented by staff attorneys from the National Right to Work Legal Defense Foundation.

The complaints allege that union officials require employees to opt out of paying for political and ideological activities rather than opting in. According to the Supreme Court’s Communications Workers of America v. Beck decision, unions cannot compel nonmembers who have opted out of membership to pay fees supporting union political or ideological expenditures.

Federal law under the National Labor Relations Act allows workers to abstain from joining unions. However, in states such as Minnesota and Missouri where there are no Right to Work laws, unions can require payment of dues or fees as a condition of employment. The Beck decision restricts these payments so they cover only collective bargaining costs and not political or ideological expenses.

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Delkamp has filed charges against International Guards Union of America Local 172. She claims that union officials have not provided her with necessary financial information about what she owes as a non-member under Beck and told her it was illegal to include her employer on emails about her Beck rights.

“I tried to exercise my right not to fund political activities I oppose, and the union threatened me for it,” said Delkamp. “Union officials shouldn’t be able to take my wages for their partisan activities without asking me first. They need to take responsibility for respecting my rights, instead of making me fight them on it.”

The Foundation notes that some unions fail to inform workers about their Beck rights or do not seek consent before deducting full dues—including those allocated for political purposes—from worker paychecks. The new cases may give the NLRB an opportunity to establish clearer standards requiring explicit worker consent before collecting full dues.

LeClair’s complaint targets AFSCME Council 5. She alleges the union would only allow her resignation during designated “window periods,” which she argues is an arbitrary restriction not grounded in federal law.

“I didn’t want my union dues funding political activities I oppose, so I tried to resign my union membership, only for officials to tell me I had to wait,” commented LeClair. “If I have a right guaranteed under federal law, that right should apply all the time, not only on the days and weeks convenient for union bosses.”

National Right to Work Foundation President Mark Mix stated: “Across the country, Big Labor officials are using legally dubious schemes to force unwilling workers to fund a radical political agenda that is completely contrary to the priorities of most rank-and-file employees.” He continued: “The best way to ensure workers’ freedom is, of course, through Right to Work protections that make all union payments completely voluntary.”

Mix added: “Until Right to Work is the law of the land, the NLRB needs to step up to protect workers from being trapped in full forced dues, including the portion used for union political activism. Workers who have already declined formal union membership should not have to also navigate arbitrary ‘window periods’ just to ensure they are not funding union boss political spending.”

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