Right to Work group objects to proposed settlement in Mountaire union case

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The National Right to Work Foundation has objected to a proposed settlement for a Mountaire employee objecting to union dues and seeking to nullify a union contract with the processor.

The right-to-work group argued that the settlement from NLRB Region 5 “provides inadequate remedies to the unit employees.”

Since Delaware does not have a Right to Work law, an employee can be required to pay some reduced union fees as a condition of keeping their jobs after a 30-day period.

The right-to-work group said the settlement “has directly or indirectly sought to curtail several other foundation cases for independent-minded workers seeking to free themselves from illegal forced dues or other coercive union boss practices.”

Lawyers for the United Food and Commercial Workers argued that an NLRB doctrine known as the “contract bar” should be overturned.

The “contract bar” upholds union contracts for up to three years after management and union officials broker a contract.

The NLRB decided to review the case but announced that the entire “contract bar” policy would be studied. This case is still pending before the full NLRB.

The contract bar had been in effect for decades but never became law. The right-to-work group has been using the Mountaire case in an attempt to overturn the contract bar.

Supporters of the policy say it opens the door to groups like the Right to Work group working to nullify contracts.

The right-to-work group took a shot at the Biden Administration, which pledged to reverse efforts by the Trump Administration to appoint members to the board with a pro-company stance.

“This dispute highlights the NLRB General Counsel’s Office and Regional Directors’ shift to reinforcing the coercive privileges of union bosses since President Biden installed Peter Ohr as NLRB Acting General Counsel. Ohr was put in after Biden took the unprecedented and legally dubious step of firing Robb, Ohr’s predecessor, nearly eleven months before the end of his Senate-confirmed term.”

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