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Electric utility worker challenges IBEW policies on mandatory funding of union politics

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Electric utility worker challenges IBEW policies on mandatory funding of union politics
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William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

Theresa Klassen, an employee at Agralite Electric Cooperative in Benson, Minnesota, has filed an appeal with the National Labor Relations Board (NLRB) Acting General Counsel. She is challenging union policies that require nonmembers to pay dues used for union political activities. Klassen is represented by attorneys from the National Right to Work Legal Defense and Education Foundation.

Klassen’s original complaint was against both the International Brotherhood of Electrical Workers (IBEW) international union and IBEW Local 160. She cited her rights under the U.S. Supreme Court decision Communications Workers of America v. Beck, which established that unions cannot compel nonmembers to fund activities beyond collective bargaining, such as political spending.

Despite resigning her membership, Klassen alleges that union officials continued to demand full dues payments from her, including amounts allocated for political purposes. When she attempted to exercise her Beck rights with legal assistance, she was informed by union representatives that opting out of these payments was only possible during a 30-day window each November.

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In her appeal, Klassen argues that it violates the National Labor Relations Act (NLRA) for unions to require payment beyond what Section 8(a)(3) allows unless employees give explicit consent. The Beck decision restricts required dues to those directly related to bargaining functions.

Klassen is requesting that the NLRB eliminate opt-out requirements and window periods for becoming a Beck objector. She contends these practices prevent workers from exercising their rights and allow unions to collect money after employees have objected to funding political activities.

“The IBEW should be respecting my rights, not throwing up roadblocks so they can continue to use my paycheck dollars to fund their own agenda,” said Klassen. “The NLRB needs to recognize that union officials are violating the law; otherwise, these rights are not rights at all.”

Minnesota does not have Right to Work laws for private sector workers. As a result, IBEW contracts can require employees like Klassen and her coworkers to pay union dues as a condition of employment—though this amount is limited by the Beck ruling. In neighboring states with Right to Work laws, unions cannot make such demands on workers.

“Free association is a right of every American, including workers who don’t want to associate with a union,” said Mark Mix, President of the National Right to Work Foundation. “It’s telling that IBEW officials are using a legally suspect policy to make it needlessly difficult for workers to stop supporting the union’s political activities."

“While the NLRB General Counsel should urge the agency to address these illicit schemes swiftly, ultimately Minnesotans and all Americans deserve Right to Work protections, which would make all union financial support strictly voluntary,” Mix added.

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