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Heavy equipment operators accuse Georgia union local of illegal post-resignation discipline

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Heavy equipment operators accuse Georgia union local of illegal post-resignation discipline

A group of employees at Dennis Taylor & Co. have filed federal charges with the National Labor Relations Board (NLRB) against the International Union of Operating Engineers (IUOE) Local 926. The workers allege that union officials subjected them to illegal discipline after they resigned their union memberships.

The employees, identified as Michael Mitchem, Billy Johnson, David Johnson, and Chris Oaks, are receiving free legal assistance from the National Right to Work Legal Defense Foundation in bringing their case before the NLRB. The NLRB is responsible for enforcing labor laws and resolving disputes involving unions, employers, and workers.

According to the workers’ claims, they had resigned from IUOE months or even years prior but were still being threatened with fines by union officials. These threats appear connected to their continued employment at Dennis Taylor & Co., which previously participated in a hiring hall arrangement managed by IUOE but has since ended that relationship.

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The resignations followed Dennis Taylor & Co.'s decision to stop using the IUOE-controlled hiring hall for staffing. While both union members and nonmembers can theoretically access hiring halls for job opportunities, there have been longstanding concerns about discrimination against nonmembers and pressure tactics used by unions to push workers into formal membership.

Charges filed by three of the employees state that they never voluntarily joined the union but believed it was mandatory due to misleading information from union representatives. Such misunderstandings are reportedly common in workplaces using hiring halls.

Under current law, only those who are fully voluntary members of a union can be disciplined internally by that organization. Workers cannot legally face internal discipline for actions taken after they resign from voluntary membership.

National Right to Work Foundation President Mark Mix stated: “Contrary to the apparent wishes of IUOE Local 926 union bosses, formal union membership cannot be required as a condition of employment, a precedent in place since the early 1960s. It is outrageous that IUOE union officials are attempting to barge back into the lives of these workers years after they’ve legally exercised their rights, and are now illegally threatening them with fines simply for working to provide for themselves and their families.”

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