Kroger Grocery employee James Carroll has prevailed in his federal case against United Food and Commercial Workers (UFCW) Local 75 union and corporate grocery conglomerate Kroger.
The resolution comes after charges were filed against UFCW for threatening Carroll with termination for refusing to sign an illegal union dues deduction form and against Kroger for unlawfully deducting union dues from his paycheck.
To avoid prosecution, Kroger and UFCW agreed to a settlement that requires them to reimburse Carroll for unlawfully seized dues and post a public notice informing employees of their rights. Carroll received free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
Carroll’s charges at Region 9 of the National Labor Relations Board (NLRB) in Cincinnati explain that the form UFCW union bosses forced him to sign is an illegal “dual purpose” membership form, which seeks only one employee signature for authorization of both union membership and dues deductions.
Federal labor law requires that any authorization for union dues deductions be voluntary and separate from a union membership application. Additionally, Supreme Court precedents like General Motors v. NLRB recognize the right of workers to refrain from formal union membership.
In contrast to neighboring Indiana, Kentucky, and West Virginia, Ohio lacks a state Right to Work law. This means UFCW union officials have the power to force Carroll and his coworkers to pay union dues or fees as a condition of keeping a job, even if they are nonmembers.
However, even without Right to Work, union officials must obtain employees’ consent before instructing an employer to deduct union dues directly from a worker’s paycheck, and forced-fee amounts cannot include money that goes toward a union’s political activity, as established in the Foundation-won CWA v. Beck Supreme Court decision.
In addition to securing a victory in his case, Carroll took the additional step of transferring to a Kroger store in Right to Work Kentucky to avoid any future union threats demanding payment. Under Right to Work, all payments to the union are strictly voluntary, meaning Carroll cannot be forced to fund the very UFCW officials who violated his rights.
National Right to Work Legal Defense Foundation