Worker’s brief to NLRB top lawyer: SEIU officials suspected of using forged signature to justify illegal deduction of full union dues
Seattle, WA (November 17, 2020) – National Right to Work Legal Defense Foundation staff attorneys just filed an appeal with the National Labor Relations Board (NLRB) General Counsel for Swedish Medical Center employee Daniel Dalison.
The appeal challenges the Seattle NLRB Regional Director’s conditional dismissal of unfair labor practice charges brought by Dalison against the Service Employees International Union (SEIU) Healthcare 1199NW. The Swedish Medical Center worker’s charges argue SEIU officials illegally created a needlessly restrictive set of procedures designed to trap workers into paying union dues in violation of their legal rights.
Dalison sent multiple letters to union officials resigning his membership and exercising his right under the Foundation-won Beck Supreme Court decision to only pay fees directly related to union bargaining. He also requested copies of his past membership cards and dues checkoff authorizations, which were the supposed basis for the SEIU continuing to deduct dues.
Dalison requested all membership and dues authorization documents he signed because he became concerned that one or more of them may have been forged, a suspicion shared by other workers. SEIU affiliates in the Pacific Northwest already face several federal lawsuits filed by workers alleging forgery of signatures on dues authorization cards in the aftermath of the Foundation-won Janus decision.
Though union officials did not provide Dalison with a copy of his earlier membership card, they eventually provided a card he allegedly signed in February 2019. This card was preprinted with Dalison’s information filled in. Some of this information is erroneous, including his phone number. Dalison does not recall signing the document or filling it out, and is concerned that it is a forgery.
To obtain his own membership documents, Dalison was told he had to complete SEIU’s three step procedure. He had to submit a request in writing, make an appointment with a union official, and appear in person and/or present an approved photo ID. Employees at Swedish Medical Center already must act quickly to revoke their dues authorizations during a narrow “escape period” that differs for each employee. The period is determined by the date the employee signed a membership and dues authorization application, the very document that can only be obtained by completing the union’s three step process.
Dalison’s charges argue the SEIU’s “write us a letter, make an appointment, and show up in person with a photo ID” restrictions are an illegal barrier to receiving time-sensitive information that allows employees to exercise their legal right to revoke their dues checkoffs and not fund union political speech. His charges say that SEIU’s restrictions violate his rights under federal law, and demands the union provide all his older membership cards, without delay or burdensome procedures, to ensure their authenticity.
Another Swedish Medical Center employee, Roger White, recently won an appeal in a separate but related case against SEIU 1199NW. With free legal aid from the National Right to Work Foundation, the NLRB General Counsel in Washington, DC, found the Seattle Regional Director was wrong not to prosecute SEIU officials for keeping White in the dark about his right not to pay any union fees during a contract hiatus, and for the union’s “confusing and ambiguous” union dues and membership authorization card.
“As this and so many other workers’ cases demonstrate, SEIU bosses won’t hesitate to violate the rights of those they claim to ‘represent’ just to stuff their pockets will illegal forced union dues,” said National Right to Work President Mark Mix. “These cases show why workers in Washington State desperately need the protection of a Right to Work law that makes all union payments strictly voluntary.”
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.