CASE STUDY

CAMPAIGN TRIGGER

Over 450 support staff members for the school district in Taylor, Michigan (formerly 26M) were represented by the Service Employees International Union (SEIU), a labor union representing 2 million workers in healthcare, public sector, and property services.

Two bargaining units were forced to merge in 2005 by SEIU leadership. As a result of the merger, 517M took total control of the 26M membership dues and ultimately defunded the community outreach programs 26M had developed over the years, causing the discontinuance of those programs for lack of funding. The members of the Taylor School Support Staff desperately wanted to dissolve the decade-old merger between SEIU that forced the Support Staff to pay dues or fees to keep their jobs, so they submitted a petition to decertify.

Not long after the petition was filed, SEIU Local 517M filed a lawsuit to take ownership of the local union banquet hall, which was built before the two units merged. Funds to build the hall were raised locally, and the hall was owned by a separate corporate entity called the 26M Building Company, not the union itself. However, SEIU filed a temporary ex parte restraining order alleging breach of contract and trespassing. The restraining order was a last-ditch effort by SEIU to keep the Taylor School Support Staff bound to the union by attempting to deny access to their own building and their own bank accounts – all with no legal basis.

ROAD TO DECERTIFICATION

Due to SEIU’s history of ignoring employee concerns, poor negotiations, and increased dues, many of the Taylor School Support Staff tried unsuccessfully to separate from the union on their own. But with a lack of labor law knowledge and resources, the petitioners felt unprepared to begin the grueling task of organizing a decertification campaign.

Kathie Fields, a seasoned and well-respected member of the Taylor School Support Staff, sent a petition with nearly 400 signatures to the SEIU headquarters in Washington, D.C. She asked the national office to either dissolve the merger or send legal help. After the request went ignored, a 200-signature petition was sent to the Michigan Employment Relations Commission (MERC). Kathie reached out to CIE, who stepped in to help the Taylor School Support Staff by taking the offense in the union fight, organizing and providing resources for the employee-led union decertification campaign.

THE CIE DIFFERENCE

CIE was the only organization with the willingness, experience, and unique qualifications to help the Taylor School Support Staff in their fight to decertify the union. Michigan-based CIE attorney Daniel Cohen handled the Taylor School Support Staff’s case. Dan has counselled management and represented employers in all aspects of labor law, employment law, and litigation exclusively since 1988. With his extensive experience litigating in state and federal court before the National Labor Relations Board (NLRB) and MERC, Dan assumed legal representation for the Taylor School Support Staff.

Dan and CIE worked in tandem to support the Taylor decertification case and defend the petitioners against SEIU’s banquet hall lawsuit and restraining order. Because of these efforts, a judge dismissed the restraining order and overruled SEIU’s many objections. Thanks to CIE, the Taylor School Support Staff successfully decertified SEIU. 

OUTCOME

Due to CIE’s extensive knowledge, resources, and persistence, the bargaining unit for the Taylor School Support Staff won their decertification case with a landslide victory. The final vote was 210 to 23 in favor of decertifying SEIU Local 517M and certifying the Taylor School Support Staff Association, an independent association that does not involve political donations from dues.

After more than 10 months of fighting for their right to local representation, the nearly 450 member strong Taylor School Support Staff certified their own local union. The Taylor School Support Staff were officially and legally independent of SEIU control and no longer subject to union rules. In addition, the Taylor School Support Staff retained ownership of the contested banquet hall and personnel records.

The impact of this case was also far-reaching, with several other Michigan school districts following suit to decertify unions. The Taylor case illustrates that union decertification is a valid legal remedy for employees who have been denied their rights. This dispute is another example of union leadership that is out of touch with local union members.