On July 25, 2019 a Disneyland stage technician filed federal unfair labor practice charges against the International Alliance of Theatrical Stage Employees (IATSE) Local 504 union and Walt Disney Parks & Resorts for illegally seizing union fees from his paycheck.
The National Right to Work Legal Defense Foundation staff attorneys provided legal aid to the technician when the charges were filed at the National Labor Relations Board (NLRB).
The employee exercised his rights under the Communications Workers of America v. Beck U.S. Supreme Court decision, which the Foundation won. This decision mandates that unions reduce compulsory fees charged to workers who withdraw from union membership so they are not compelled to fund certain political activities such as lobbying and political activism. Additionally, the Beck decision also requires union officials to provide nonmember workers an independently verified audit which justifies the amount of compulsory union fees.
Due to the fact that California is not a Right to Work state, private sector employees can be fired simply for refusing to pay union dues. However, union officials are obligated to charge as a condition of employment only the part of dues that the Beck decision allows for. Then they must follow the Beck procedures before seizing said union fees from workers who are not part of a union.
Mark Stacy is not a member of IATSE and he informed the union that he refuses to pay the lawfully nonchargeable part of his fees. He alleges in his charges filed with the NLRB Region 21 office that Disneyland has violated his rights under federal law, at IATSE officials’ behest, by continuing to take union fees from his paycheck without reducing the fees as Beck mandates.
In his charges, Stacey asserts that IATSE union agents have also never provided him with the financial disclosures Beck requires. On top of that, neither Disneyland nor IATSE are authorized to deduct dues from him because Stacey has not signed off on that. In turn, these deductions of union fees are illegal.
In recent years, other Disney employees have received legal aid from the Foundation to stop the illegal seizure of dues. Last June, Foundation staff attorneys were able to obtain a favorable NLRB ruling for several Walt Disney World employees who had their requests to reduce dues ignored by Florida Teamsters officials. Full dues were illegally deducted from their wages by Disney and then accepted by Teamsters agents in clear violation of federal law and Florida’s Right to Work law.
National Right to Work Foundation President Mark Mix declared that “The ‘Happiest Place on Earth’ can’t be very happy if its owners and union are violating federal law by ignoring worker rights when it comes to union dues and fees.”
He added, “Cases like this show why the workers of the Golden State deserve the protection of a Right to Work law to ensure that union membership and financial support are strictly voluntary.”
Merrick Garland Suggests that Getting Rid of Lawsuit Protections is Not a Second Amendment Violation
Garland as AG will be a disaster for the right to bear arms.
If Merrick Garland is nominated as Attorney General, the Second Amendment is in big trouble.
Based on his comments at a Senate hearing on February 22, 2021, Garland made a suggestion that the repeal of lawsuit protections for gun manufacturers is not unconstitutional.
AWR Hawkins of Breitbart News reminded his readers that President Joe Biden campaigned on a platform of repealing the Protection of Lawful Commerce in Arms Act (PLCAA), which shielded lawful gun manufacturers from lawsuits.
In a previous Breitbart News report, Biden spoke at an MSNBC forum in 2019 alongside gun control organizations such as March for Our Lives where he expressed his support for gun manufacturers to be subject to lawsuits.
At the speech, Biden suggested that the PLCC be repealed. He declared, “No other outfit in history has gotten this kind of protection” and asserted that the legal actions would bring about “change overnight.”
In a subsequent occasion on February 7, 2020, Breitbart News covered Biden’s remarks to a New Hampshire crowd, in which he stated that it was a “mistake” to shield firearms manufacturers from lawsuits. He continued, “The first thing I’m going to do as president is work to get rid of that.”
Later that month, Breitbart News recalled how Biden called out gun manufacturers at a South Carolina rally and boasted, “I’m going to take you down.”
According to a report by The Salt Lake Tribune, Utah Senator Mike Lee asked Garland about his views on removing protections for gun manufacturers. Garland responded, “I have not thought myself deeply about this. I don’t think it raises a Second Amendment issue.”
When he was questioned if he is in favor of Biden’s plans to ban so-called “assault weapons”, Garland responded, “Where there is room under the law for the president’s policies to be pursued, then I think the president is entitled to pursue them.”
Biden’s track record as a gun control proponent is well-documented. From his support of gun-free zones at schools to the 1994 Assault Weapons Ban, Biden is Gun Control Inc.’s guy. With Democrats in control of the House and the Senate, there will most certainly be attempts to ram gun control down our throats. If they can’t beat us legislatively, they will most certainly use the courts to undermine the Second Amendment. Pro-gun organizations should be ready to lawyer up and use whatever means possible to keep courts from destroying our rights.
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