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California nurse expands legal action against union over dues requirements

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California nurse expands legal action against union over dues requirements
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William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

Sarah Warthemann, a nurse employed by Kaiser Permanente in Woodland Hills, California, has expanded her legal challenge against the United Nurses Association of California (UNAC). The new allegations were filed with the National Labor Relations Board (NLRB) and supported by staff attorneys from the National Right to Work Foundation.

Warthemann's initial charges, submitted in July, claimed that UNAC officials threatened her with termination if she did not formally join the union. The updated complaint now also addresses union policies requiring nonmembers to opt out if they do not want their dues used for political and ideological activities.

The NLRB is tasked with enforcing the National Labor Relations Act (NLRA) and handling disputes involving unions, employers, and employees. Warthemann’s case alleges that UNAC leaders are infringing on Section 7 rights under the NLRA, which protect employees' ability to refrain from participating in or supporting union activities.

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California does not have Right to Work laws. This allows unions like UNAC to enforce contracts requiring workers to pay dues or fees as a condition of employment. In contrast, neighboring states such as Arizona and Nevada maintain laws where all union membership and financial contributions are voluntary.

A Supreme Court decision in Communications Workers of America v. Beck established that even where mandatory dues are permitted, unions cannot force employees to fund activities beyond collective bargaining—such as political spending—without their explicit consent. Warthemann’s complaint states that UNAC representatives have “repeatedly demanded payment from [Warthemann] for non-chargeable political and ideological expenditures without [her] affirmative consent,” arguing these actions constitute illegal coercion under federal law.

“As the facts of this case demonstrate, the NLRB needs to step up to protect workers from being trapped into paying full union dues, including the portion used for union political activism,” said Mark Mix, President of the National Right to Work Foundation. “Union bosses are not above the law, they cannot be permitted to threaten and bully workers into paying dues that go towards union political activities that many workers find objectionable.”

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