MORGANTOWN, W.Va. — The National Right-to-Work Foundation is arguing the acting head of the National Labor Relations Board is trying to stop a case involving a West Virginia Kroger worker and the United Food and Commercial Workers Local 400 from moving forward.
Acting general counsel Peter Ohr has filed an action to send a dispute involving Kroger employee Shelby Krocker to the board’s Region 6 office, in which officials could set a settlement preventing the union from providing a full remedy. Crocker alleges the United Food and Commercial Workers Local 400 has illegally collect dues.
Region 6 officials originally dismissed Krocker’s charge, but the National Right-to-Work Foundation successfully appealed this dismissal to then-general counsel Peter Robb. The Biden administration fired Robb on Jan. 20 after he refused to resign.
Patrick Semmens, the National Right-to-Work Foundation’s vice president, said he believes Ohr’s appointment was not valid because Robb was terminated without cause. He added the offered settlement is aimed at avoiding a hearing where a loss could result in costs to the union.
“These other employees who may have been misled into signing these cards need to know they didn’t have to sign them,” he said. “In fact, they are probably entitled to refunds if they want them.”
The foundation’s case is in front of the NLRB, which will either dismiss the matter and move forward with a settlement or hear the case.
Semmens said the case is important in protecting workers’ rights.
“The board should look at all the briefs filed in the case already, and we believe if they do that and look at them fairly they’ll rule in favor of Shelby Krocker,” he added.
Foundation attorneys hear around 200 similar cases each year. Some workers may use this legal resource as free legal aid on issues.