IBEW Local 16 settles case over $1.29 million fine against former member

After his resignation and announcement that he was buying a non-union electrical business, Head refused to sign an IBEW Letter of Assent that could have brought his new employees under union control without a vote. Subsequently, IBEW Local 16 summoned him before a tribunal and later fined him $1.29 million for allegedly violating the union’s constitution.

A regional director at the NLRB reviewed Head’s complaint and found merit in his claims that his rights had been violated under federal labor law. Facing this determination and legal pressure from Foundation attorneys representing Head, IBEW Local 16 agreed to settle rather than proceed to trial.

As part of the agreement, IBEW must not tell workers there are restrictions on resigning membership and is required to notify all members of their rights under federal law by posting information on its website.

“The Foundation is pleased to have assisted Mr. Head as he challenged IBEW union bosses’ attempt to illegally extort him after he had followed all legal procedures necessary to break free from the union,” said Mark Mix, President of the National Right to Work Foundation. “IBEW union bosses’ use of strong-arm tactics demonstrates that they value maintaining control over Indiana electricians far above respecting those electricians’ individual rights.”

“Whenever union bosses violate the rights of any American worker, Foundation attorneys are ready to assist in their defense,” Mix added.