Kaiser Nurse Hits CA Nurses Union With Federal Charges for Forcing Nurses to Fund Union Politics

The National Right to Work Legal Defense Foundation reports that Sarah Warthemann, a nurse at Kaiser Permanente’s branch in Woodland Hills, has just filed federal charges against the United Nurses Association of California union at her workplace because UNAC officials threatened her with losing her job if she did not formally join the union, and have ignored her attempt to exercise her legal right to opt out of paying for union political expenses.

Warthemann filed her charges at the National Labor Relations Board (NLRB) with free legal assistance from National Right to Work Legal Defense Foundation staff attorneys.

The NLRB is the federal agency responsible for enforcing federal labor law, a task that includes adjudicating labor disputes between employers, union officials, and individual employees. Section 7 of the National Labor Relations Act (NLRA) protects workers’ right to refrain from participating in or supporting union activities.

The National Right to Work Legal Defense Foundation continues:

Warthemann’s charge concerns her rights under CWA Union v. Beck, a Foundation-won case in which the Supreme Court ruled union bosses could not require those abstaining from union membership to fund union ideological activities just to keep their jobs. The General Motors v. NLRB Supreme Court decision also forbids union officials from requiring formal membership as a condition of employment.

Because California is not a Right to Work state, UNAC chiefs can enforce union monopoly bargaining contracts that require Warthemann and her fellow nurses to pay union dues to keep their jobs, but Beck limits this amount to only the portion of dues that UNAC officials use for bargaining functions. In contrast, in Right to Work states like neighboring Arizona and Nevada, union membership and all union financial support are strictly voluntary.

“The radical political agenda promoted by the UNAC union is something I do not—and should not—be compelled to support,” Warthemann commented. “While I’m required to pay union dues to remain employed at the hospital, that obligation should not include funding extreme political activities. It is both unethical and, in my view, illegal.”

UNAC Union Bosses Snub Both Federal Law and Recent Settlement

Warthemann reports in her charges that a UNAC representative emailed her a union membership form in June, insisting that she “fill this out ASAP. It is a condition of employment.” Warthemann also notes that UNAC bosses have been ignoring her request to exercise her rights under Beck, and have persisted in demanding she pay full union dues. According to the charges, the union flouted other requirements mandated by the Beck decision – including that union officials provide nonmember employees with a financial breakdown of how the union spends employees’ money.

The UNAC union’s failure to follow Beck is especially flagrant in light of an NLRB-approved settlement union bosses recently reached with another Kaiser Permanente Woodland Hills nurse, Jillian Clausi. Clausi also accused the union of Beck violations, and the settlement in her case contains declarations by the union that it will “not charge Beck objectors the full amount of union membership dues,” among other things. This appears to be exactly the misbehavior Warthemann is describing in her new charge.

“It’s no surprise that UNAC union officials – who spent millions of dollars to influence the 2024 California elections – are trying to keep nurses in the dark about their right to stop their money from enriching the union’s political machine,” National Right to Work Foundation President Mark Mix said. “But workers’ right to say ‘no’ to funding union boss agendas shouldn’t be limited to just politics. No worker should be forced to fund a union hierarchy that has been abrasive or just flat out incompetent while claiming to ‘represent’ workers.

“Ms. Warthemann’s case is Exhibit A in why all American workers deserve Right to Work protections. Union officials must rely on voluntarism – not government-backed force – to gain worker support,” Mix added.