If I'm ever sued, this site will go up for sale for the amount of damages sought, along with posting any documents I receive. If you think you can copyright a letter you send to me, go for it.
I'm still learning about blog design and I've found a problem when viewing this blog. It does not behave properly in small browser windows and if your display resolution is less than 1280 pixels wide and/or you are viewing the blog in a window less than 980 pixels blog wide, the right side bar is pushed below any visible post. I've searched the web and looked at the code for hours but can't find the problem. My next step, when I get the time, is to recreate the blog with a new template. Advice is appreciated.

Saturday, March 14, 2009

Your BECK Rights

My earlier posting regarding BECK was incomplete/incorrect. I've removed that post and will provide correct information here. I apologize and will attempt to more fully verify the information I'm given in the future so my postings are accurate and complete. The correct sample letter is posted at the end.

Your "rights" (collective bargaining, contract administration and grievance) under the CBA remain the same except you can't attend union functions or vote in union elections. Your will retain your seniority. You will still have to pay a "fee" for the union service but the union will not be able to use any part of your fee for causes such as supporting the Employee Free Choice Act (card check). For a more complete explanation of BECK, click on the title of this post.

I'll repeat what I said earlier: Had I'd known about BECK two years ago, I'd have exercised my rights. I was just too lazy to research it. I'll prepare the letters for anyone and pay the certified mailing cost for the first person who wants to give it a try.

It is illegal for either the company or union to retaliate in any way and it's actionable either by filing a complaint with the NLRB or filing a civil suit if you suffer any retaliation. I would still suggest contacting the Right to Work Legal Defence Foundation and talking to a staff attorney prior to proceeding.

Sample Letter Begins:



Dear Sir or Madam:

In accordance with the U.S. Supreme Court's decision in Patternmakers v NLRB, I hereby resign my membership with the union, (insert union name), effective immediately.

Furthermore, I wish to exercise my rights pursuant to Communication Workers v Beck, and declare myself to be a Beck objector. Pursuant to the Supreme Court's Beck decision, I object to the use of my dues money for any purposes other than those related to collective bargaining, contract administration, and grievance processing in my immediate bargaining unit. Any fees that are not related to these financial core activities should be immediately deducted from my dues, pursuant to the procedures outlined by the U.S. Supreme Court.

I also desire to exercise my rights to a full accounting performed by an independent auditor and a reasonably prompt opportunity to challenge any fees before an impartial decision-maker. I further insist that any disputed fees be placed in escrow pending a final determination as to the appropriateness of any asserted charges.

Please provide me with an accounting as soon as possible. Until such time as an accounting is provided to me, please escrow all of my dues that are not subject to an immediate rebate. If there will be any delay in obtaining a full accounting, please advise me as to when this information will be forthcoming.

Accordingly, I also hereby notify you that I wish to authorize only the deduction of representation fees from my wages. If I am required to sign a new deduction authorization form to make that change, please provide me with the necessary form.

Any further collection or expenditure of dues or fees from me made without the procedural safeguards required by law will violate my rights under the National Labor Relations Act and/or U.S. Constitution.

Finally, please consider this objection to be permanent and continuing in nature. I would appreciate a prompt response to my request.



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