Arizona Worker Asks For Help To Remove Union

Calportland Company plant located near Marana, Arizona

An Arizona worker, Tim Maguire has asked the National Labor Relations Board (NLRB) to review a case in which he and his co-workers were denied the right to vote to remove a union claiming to represent them, despite the fact that a majority of the employees in the bargaining unit signed a petition for such an election.

Maguire is receiving free legal assistance from National Right to Work Legal Defense Foundation staff attorneys.

Maguire, an employee of Calportland Company in Arizona, wants a vote to decertify Teamsters Local 104 union as his monopoly bargaining agent. Under the National Labor Relations Act (NLRA), if a decertification petition garners signatures from at least 30% of the employees in a bargaining unit, the NLRB is supposed to conduct a secret-ballot election to determine whether a majority of the employees wish to decertify the union. Maguire’s petition was signed by the majority of workers in the bargaining unit, far more than necessary.

However, Teamsters officials had previously filed two “blocking charges” which halted these workers from properly exercising their right to choose workplace representation. The NLRB Regional Director postponed the decertification election. Despite holding no formal hearing to determine whether the union officials’ claims had any merit, the Regional Director overstepped his authority by granting these “blocking charges.” This forced Maguire and his coworkers to remain under union monopoly “representation” that a majority of them oppose.

Understanding that his legal rights were being frustrated, Maguire turned to National Right to Work Foundation staff attorneys for help. Foundation staff attorneys filed a petition requesting the NLRB to reconsider these blocking charges and the unfair “blocking charge” policy as a whole.

Union brass routinely contrive spurious charges when a decertification process arises, which then garners an order blocking the election from the Regional Director. Because the NLRB’s policy for dealing with such charges are opaque at best, workers are regularly trapped into paying forced union dues to a union they do not want to be a part of because their avenue to ridding that union is blocked by Big Labor sympathizers.

Due to the “blocking charge policy” and other election regulations, such as the “contract bar” and “successor bar,” workers are regularly blocked from being able to decertify an unwanted union for up to three years, and potentially indefinitely. Regional Directors routinely overstep their authority by “blocking” elections without holding hearings to discern whether charges brought forth by union officials are even true, and if true, affect employee free choice. Consequently, workers are denied true free choice in the workplace until the charges are ultimately resolved.

National Right to Work Foundation staff attorneys have already called upon President Trump’s newly installed NLRB to review the corrupt policies such as the successor bar, to protect the rights of every worker from the injustices of forced unionism. Maguire’s petition for review asks the NLRB to reconsider the “blocking charge” policy as well.

“Union officials have taken advantage of unclear rules surrounding ‘blocking charges’ for too long to trap workers into paying forced dues to unions opposed by a majority of workers. The new Trump National Labor Relations Board should move quickly to end this arbitrary barrier to workers who seek a decertification vote,” said Mark Mix President of the National Right to Work Legal Defense Foundation. “For almost a decade, the Obama NLRB stacked the deck in favor of union bosses’ forced dues powers. The new NLRB majority should move quickly to roll back those one-sided rulings, starting by supporting the petition of Tim Maguire and a majority of his co-workers to hold a vote to decertify an unwanted Teamsters union.”

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in more than 250 cases nationwide per year.

17 Comments on "Arizona Worker Asks For Help To Remove Union"

  1. You please tell me that unionism isn’t about the money and I will laugh at you. The union (your representative gets a lot and the worker (you) gets a pittance for the union dues that are paid. Seems about right to me. BTW, unions are slowly dying while they continue to use tricks like this to keep indentured workers under their cash cow umbrella.

  2. Glad I’ve only had only minor ‘run in’s’ with union – and I call them ‘run-in’s’ because of the nature of the encounter with their representatives. I’d call thugs, I suppose expected in Chicago – I refused to comply ; do what you want.. a literal face to face.

  3. Albert Lannon | October 19, 2017 at 7:36 am |

    I was a union rep for 21 years. I recall going to a major company whose workers had chosen us and hearing from the HR guy — “We really don’t need a union here, we’re a democratic company.” Oh, I said, so the workers get to elect their supervisors…?
    Silence. I continued, You may have a benign dictatorship, but it’s still a dictatorship — as long as you can fire the workers but they can’t fire you, it’s not democracy.

    However slow, however flawed, unions created the middle class and are the only instrument of defense working men and women have against the employer’s dictatorship.

    • What, Again | October 19, 2017 at 9:09 am |

      You can always count on communists for the perspective that a company is not owned by the proprietor or shareholders, but the government.

      Technology, innovation and uniquely American capitalism created the middle class, not communism.

    • Exactly!

    • Lannon – so the ‘workers get to ‘elect there supervisors’ no sir, they ‘Earned the position from the ’employer’ – its not the UNIONS PLACE TO TELL THE COMPANY WHO WILL SUPERVISE THE EMPLOYEE.. that’s where you socialists seem to think the cart is pulling the horse. And worse yet ‘the union selecting the supervisor’ so they can sit ideal like at the auto plants for full wage playing cards in the break room?
      It’s what has KILLED American business – have a look at Detroit lately? The “Employer Dictatorship” ROTFLMAO – He’s or they own the company, risk all for the company, invented the company… if you don’t like working for them – it is a free nation – work for someone else. Again you feel the cart is pulling the horse. Oh ‘our employee’s won’t work for you’ GREAT DON’T ! – So glad I’m in Arizona “Right to Work State”. The best local example of Unions screwing the dog on worker rights and interference in business – TUSD! They can’t figure our their own benefits! and they are the math teachers. Unions had their day, they did function to give power to the worker when they were an abused set, those days are gone. UPS a good example of the worker and company working as a team. As an owner – I can’t do it without my employee’s – they are like family – they are like an extension of my vision – we are going this way – this is our product and our way of making it. There is one way, mine – unless you can show me yours is better.. then we change. That simple. Hope they own it soon.

      • Albert Lannon | October 19, 2017 at 5:03 pm |

        Interesting that the “right-to-work” states really are right to work for less…. Yes, there are lousy unions and good employers, and good unions and lousy employers. Unfortunately, the employers and government set the parameters for what unions would look like after destroying the anti-capitalist IWW back in the 1920s. And a by-product of democratic unionism is that sometimes lousy officers are elected — just like everywhere else. My union had a saying, used when we officers lost a vote: Democracy is gruesome…but it’s the best thing we’ve been able to come up with so far.

        BTW, my crack about electing supervisors was a rhetorical remark to show that, in fact, the workplace is anything but democratic. I stand by that: as long as the boss can fire the worker (who often knows more about doing the job than anyone else) and the worker can’t fire the boss there’s no democracy. It’s dictatorship: as you say, Billy B, “There is one way, mine.” I’m glad you are open to being shown a better way by the employees, and wish your business well.

        • Lannon – I’ve been labor – hard labor – dangerous labor – underpaid labor ; discarded labor etc. At this point in my life, I think I’ve been owner management longer than I have labor.. but it’s close I started working young. I am sorry to say I think the ethic and spirit of labor in this nation, the willingness to work has deteriorated. To much has been “granted and that has now become expected” the word ‘benefit’ has lost it’s meaning. You don’t have to earn special you demand it. Being management ain’t all it’s cracked up to be… after about 30 years of being the boss – I’m a bit over it. Today – you have to tell everyone ‘exactly’ what to do, no one thinks for themselves; Drones with phones, headsets and a bad beat in their head – am I expecting to much; It doesn’t matter I’m the boss 🙂 . I’m still on the front, I’m still in the field, I still at the production area, I still do labor that is expected of these employees – I find lots of what they are doing and are not doing from being in the truck, at the site – on the phone, checking the ‘paper’… I hope to go fishing someday.

    • Unions did not create the middle class. That economic miracle was the result of many factors and the unions played only one important part in a complicated process. However, unions as a general matter are no more honorable than businesses. Some are good, some are bad.

  4. David Thompson | October 19, 2017 at 7:42 am |

    Mr jdfast, you are absolutely correct. The purposes of Unions now are not about protecting the workers but about maintaining the Cash Cow they represent for the unions to use for payments to their Leaders (thugs)and funding political agendas.

    The most dangerous are the government employee unions.

  5. This is a bunch of right wing nonsense! This is a right to work state so no one is forced to pay union dues, it’s a choice. We voted and the majority spoke! We want protection from bullies in management and tim is simply trying to get favor at our expense. This petition was blocked at the request of the majority and if a revote is inevitable then we’ll have to shut him down again! This is one jackass trying to ruin it for everyone else for his own gain… nothing more.

  6. then VOTE – that simple

  7. Neoliberal uncontained capitalism shrunk the middle class and pushed middle class jobs abroad. Outsourcing is capitalism.

  8. Desert Viking | October 19, 2017 at 10:33 pm |

    What really built the middle class that everyone hearkens back to wasn’t the unions as mush as limited immigration for 41 years – from 1924-1965. While minorities and women were pigeon-holed in their employment opportunities, white men did quite well, as there was very little competition for their jobs. Also, the birth rates in the 1930s were the lowest in American history. It was a golden age for labor, but it’s not likely to be repeated – at least in my lifetime.

    blue-collar men’s wages in real terms peaked in the early 1970s – when the foreign born-population was at its lowest in decades.

  9. Businesses benefit from immigration, so restricting it goes against capitalism.

  10. According to Armando, “This petition was blocked at the request of the majority.” According to the article, “a majority of the employees in the bargaining unit signed a petition for such an election.” These are mutually exclusive statements–there can’t be two majorities. Someone’s lying!

Comments are closed.