Kansas ACLU workers seek union recognition, accuse it of hiring anti-union law firm
Updated at 12 p.m. on Tuesday, July 21:
The ACLU of Kansas has recognized its employees’ union, the union reported. The verified support for the union comes through a card check, which is a process in which a majority of workers in a bargaining unit sign authorization forms, or cards, showing they want to be represented.
Johnson, the executive director of the ACLU of Kansas, previously declined to recognize the union through a card check.
“At no time did the ACLU of Kansas, its executive director, management team or board of directors oppose affiliate staff unionization,” said Mark McCormick, director of strategic communications, in a statement. “We supported having the process move forward with a formal, NLRB secret ballot vote, but through good faith discussions, we negotiated an agreement that allowed the parties to do a voluntary card check administered by former NLRB Chair Wilma Liebman, a Clinton appointee who also served as chairwoman under Obama.
“This agreement is in line with our long tradition of championing workers’ rights. As the process continues, we will continue our good faith engagement,” the statement read.
Updated at 3:30 p.m. on Friday, July 10:
The law firm Ogletree Deakins no longer represents the ACLU of Kansas, the nonprofit and the union both confirmed.
“Ogletree Deakins no longer represents the affiliate in the unionization matter. We reiterate our support for our employees’ right to organize, and we look forward to moving forward through the process in good faith,” executive director Nadine Johnson said in a statement.
When asked why the ACLU of Kansas isn’t working with the firm anymore, Johnson said their focus is on moving forward and continuing their work for the state.
Both parties will move forward with the National Labor Relations Board hearing on Tuesday.
Shannon Duffy, business representative for United Media Guild-CWA representing workers, said the move is an important first step toward having the union recognized by the nonprofit.
“We applaud the decision and we hope that it leads to a more productive outcome for the workers,” he said. “However, they could still recognize the union, and that would be the easiest thing to do.”
Original story:
Workers at the nonprofit American Civil Liberties Union of Kansas have majority support for a union and have filed with the National Labor Relations Board for an election, after they say executive director Nadine Johnson did not voluntarily recognize the union.
Instead, the ACLU of Kansas hired an attorney with law firm Ogletree Deakins to represent it, according to the NLRB case filing. Ogletree Deakins represents management in union campaigns, according to its website, and works on employee relations strategies that “minimize the risk of unionization.”
Shannon Duffy, business representative for United Media Guild-CWA representing workers, called the law firm “anti-union.”
“It’s unbelievable that the ACLU would practice union busting,” he said.
Johnson said in a statement that the ACLU made clear to the law firm that it does not oppose unionization.
“We fully support our employees. We want those seeking unionization to exercise absolutely every right they have at their disposal,” she said in the statement.
“In case you are unfamiliar with the history of the ACLU, one of our earliest victories as an organization was a 1926 labor rights case. We have an unequivocal record of supporting people in their efforts to assert their rights as workers.”
The ACLU of Kansas is based in Overland Park but its work covers the state. Employees opted to join the United Media Guild Local 36047, a local union within the NewsGuild-Communication Workers of America. The United Media Guild represents employees with newspapers and TV stations in Missouri and Illinois, such as the St. Louis Post-Dispatch and KSDK-TV. The union also represents nonprofits in Missouri, like Missouri Jobs with Justice and Fight For 15, according to its website.
Employees at the ACLU of Kansas decided to organize because of a “toxic work environment” under the executive director, according to Duffy. The employees are more focused on gaining better working conditions rather than simply wages or benefits.
“I think there’s a lack of respect for the workers,” Duffy said.
The union filed for an election with the NLRB after Johnson didn’t voluntarily recognize the union. She also declined a card check from the union, a shorter process in which the union could be recognized, Duffy said.
The new union would cover about eight workers, according to the NLRB case filing. It would exclude supervisors, professionals and managerial employees.
The union asked for an election with the NLRB by July 9, said Duffy, but there will now be a board ruling on July 14 to decide which workers will and will not be a part of the bargaining unit. Duffy said the ruling will delay when the election takes place and called it a “stalling tactic.”
The ACLU of Kansas is the largest nonprofit of its kind to organize in the state, the union said. Some other ACLU affiliates across the country have unionized, including those in Massachusetts, Northern California and Southern California.
“This process (internally) is new to most of us and we do have a responsibility to our members, our volunteers, our board and our staff to make sure this complicated process unfolds properly,” Johnson said. “To that end, we hired a firm with experience in this area of law and have made clear to that firm that we do not oppose unionization.”
“The ACLU defends the Constitution and that defense requires constant vigilance. That is our priority, regardless of how we organize or re-organize to protect it. We are on the same team. Nothing will change that,” Johnson said.
Duffy, however, said that Johnson and the nonprofit declining to recognize the union “seems contrary to their stated mission. ACLU always claims to stand for everyone’s rights. There’s a thing called workers rights.”
“We intend to see our newest bargaining unit to recognition,” Duffy said. “And following that, a collective bargaining agreement.”
Editor’s note: Following the publication of this article the ACLU of Kansas offered this clarification. “We want to ensure that the union represents a majority of the employees in an appropriate bargaining unit. Determining the bargaining unit involves a number of complex legal questions and the organization could be liable for breaking the law if individuals are included who do not belong. We find out whether a union exists by secret ballot, and that hasn’t happened yet.”
Duffy said that the specific employees included in the bargaining unit could also be discussed during contract negotiations between the nonprofit and the union, and does not need to be argued before the NLRB. (updated July 9, 2020, at 4:55 p.m.)
This story was originally published July 2, 2020 at 4:34 PM.
