Union Official’s Special Privileges: Super-Constitutional Powers That Eliminate Your Rights

Union officials enjoy legal immunities and powers that no other private organization or individual has been allowed by the U.S. Constitution, Congress, or any court. From forced dues to exemptions from violence, these special privileges and exemptions violate workers’ and others' constitutional rights and ignore standard contract law.

Explore the laws, real stories, and help develop the path to reform to give employees and employers their rights back.

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How Big Labor Gained Its Power

This is a brief summary of a critical historical analysis from the National Institute for Labor Relations Research. It traces how “Big Labor” (union bosses) transformed from voluntary, business-oriented organizations into a coercive political force through legislative exemptions, government-backed compulsory unionism, and judicial battles.

It contrasts AFL-CIO President Samuel Gompers’ early emphasis on voluntarism (“No lasting gain has ever come from compulsion”) with more recent union Presidents, such as Former SEIU President Andy Stern, who embraced “the persuasion of power,” which is excessively outsized by special privileges and exceptions, and extra-constitutional powers to trample employees' and employers' constitutional rights.

Big Labor’s Top Ten Special Privileges

(Adapted, in part, from the National Right to Work Committee's Research)

U.S. v. Enmons (1973): The U.S. Supreme Court ruled that the Hobbs Act does not cover violence, threats, or property destruction (e.g., gunfire at transformers) if tied to “legitimate” union goals like higher wages. This loophole has shielded thousands of incidents and several related deaths.

Consequences: Victims have lost their lives, been maimed, and other injuries while union officials and their cronies have been allowed to go free or serve only minimal sentences and/or fines while victims were brutalized and had their rights trampled.

NLRA/FLRA/RLA makes refusal to bargain an “unfair labor practice” and allows for stiff penalties, and sometimes, arbitrary penalties have been applied.
 
Consequences: There is more. Union officials strong‑arm employers by using coercive leverage points built into labor law—strikes, picketing, labor‑peace agreements, political pressure, regulatory complaints, and economic disruption—plus informal intimidation tactics that exploit the union’s monopoly status. These tactics work because unions often have exclusive bargaining rights, legal protections, and political influence that employers cannot easily counter.

Real-World Examples of Union Violence Shielded by Special Privileges

U.S. v. Enmons' decision created bad law and horrific consequences for people opposed to union officials or the goons that they controlled.

Real-World Examples of Union Violence Shielded by Special Privileges

Eddie York

Non-union coal miner shot and killed while driving past United Mine Workers picketers at the Ruffner Mine, WV. No federal Hobbs Act charges due to Emmons.
Button on each: “Read Full NILRR Reporting”

UAW's Kohler Strike

Over 400 documented incidents of violence, assaults on non-strikers (including elderly workers), property destruction, and nationwide boycotts. Local authorities often failed to intervene.
Button on each: “Read Full NILRR Reporting”

DuPont Hotel Fire

Union militants set ablaze the DuPont Hotel in Puerto Rico during New Year's Eve festivities. Hundreds paid the price, many with their lives.

Button on each: “Read Full NILRR Reporting”

RMI Titanium

Union militants vandalized environmental monitoring equipment and poured oil into electrical conduits during a dispute—classic Emmons-protected tactics.

Button on each: “Read Full NILRR Reporting”

Janus v. AFSCME – Victory for Workers and Additional Implications

Janus v. AFSCME (2018): A Landmark First Amendment Victory

The Janus v. AFSCME U.S. Supreme Court victory was probably the most significant victory for Employee Freedom and rights in the past decade.  In Janus v. AFSCME, the U.S. Supreme Court held that public-sector unions cannot force non-members to pay any fees—agency or otherwise—without their affirmative consent, because forcing workers to subsidize union speech violates the First Amendment.

Implications:

• Protects over 5 million government workers, and growing (teachers, first responders, etc.).
• Triggered massive opt-outs and follow-up lawsuits by the National Right to Work Legal Defense Foundation to enforce it. People are still just learning about their rights to stop paying unwanted dues.  Visit: MyJanuRights.org now to stop paying your unwanted government union dues or fees.
• Unions have lost significant revenue and membership, yet some continue resistance tactics and have received taxpayer union time to subsidize their unwanted unions.
• And proof that compelled unionism and forced fees are unconstitutional, and may help pave the way for a National Right to Work Act to extend these freedoms to the private sector.

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NLRB v. GM applies to private‑sector labor law under the NLRA. It permits agency shops. Janus applies to public‑sector labor law under the First Amendment. It prohibits agency fees without consent. Together, they show a sharp divide: agency fees are "lawful" in the private sector (unless state law forbids them), but unconstitutional in the public sector.

Current Right to Work States (5/25/2026)

Taft-Hartley Section 14(b) – The Path to State-Level Freedom

Taft-Hartley Section 14(b): Allows States the Right to Ban Forced Unionism.

Enacted in 1947 as part of the Labor Management Relations Act, Section 14(b) amended the NLRA to let every state (and territory) enact Right to Work laws. These laws prohibit unions from requiring membership or dues/fees as a condition of employment—overriding the NLRA’s original allowance of union shops.

Today (2026): 26 states have Right to Work protections, giving workers the freedom to choose. Studies consistently show that Right to Work states enjoy higher job growth, higher wages adjusted for the cost of living, and greater economic opportunity. Expanding 14(b) nationwide would end forced dues everywhere.

NALC Union Boss Samantha Zirkle Pleads Guilty to Felony Level Theft

NALC Union Boss Samantha Zirkle Pleads Guilty to Felony Level Theft

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APWU Union Bigwig LaTanya Gadson Pleads Guilty to Crimes

APWU Union Bigwig LaTanya Gadson Pleads Guilty to Crimes

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AFSCME Union President Shukimba Carlis Pleads Guilty to Crime

AFSCME Union President Shukimba Carlis Pleads Guilty to Crime

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AFSCME Union Boss Sofia Hererra Admits to Crime

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AFGE President Demetrius Baldwin Hears Criminal Sentencing

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Tennessee Staff Union Boss Mary F. Poindexter Sent to Prison

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AFGE President Terry Lendo Makes Guilty Plea

AFGE President Terry Lendo Makes Guilty Plea

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IBEW Union Bigwig James Burke Pleads Guilty to Embezzling Union Funds

IBEW Union Bigwig James Burke Pleads Guilty to Embezzling Union Funds

Union bosses simply cannot be trusted with the hard-earned money of workers. James Burke, Financial Secretary of IBEW Local 549,...
APWU Union President LaTanya Gadson Pleads Guilty to Crimes

APWU Union President LaTanya Gadson Pleads Guilty to Crimes

APWU union President LaTanya Gadson has pleaded guilty to one count of willful falsification of union records. You can read...
Steelworkers President Ricky Mattison Faces Criminal Sentencing

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Ricky Mattison, President of United Steelworkers Local 970, has been sentenced to five years of probation after pleading guilty to...
Another Boilermakers Union Scandal – $20 million racketeering scheme

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When Workers’ Hard-Earned Dues Fund Luxury and Lies, No One Should Be Forced to Pay Your Sweat Funds Their Paris...
NALC Union Boss Marcus Miller Better Get Used to a Prison Cell

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NALC Vice President Marcus Miller has been sentenced to over a year in prison after pleading guilty to embezzling from...
NALC President Michelle Simmons Put on Probation After Guilty Plea

NALC President Michelle Simmons Put on Probation After Guilty Plea

Michelle Simmons, President of NALC Branch 390, has been sentenced to a total of five years of probation. She must...
Steelworkers President Robert Cirilo Sent to Prison

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United Steelworkers Local 13-1647 President Robert Cirilo has been sentenced to 21 months in prison, followed by three years of...
IUE-CWA Union Bigwig Joe Scott Pleads Guilty to Embezzlement

IUE-CWA Union Bigwig Joe Scott Pleads Guilty to Embezzlement

What an absolute shame - IUE-CWA Local 81154 Treasurer Joe Scott has admitted to embezzling from union funds. That's the...
IBEW’s James Scotti Sentenced After Guilty Pleas

IBEW’s James Scotti Sentenced After Guilty Pleas

IBEW Local 26 employee James Scotti has been sentenced to six months of home confinement after pleading guilty to conspiracy...
IBEW Union Boss James Burke Faces Embezzlement Charges

IBEW Union Boss James Burke Faces Embezzlement Charges

James Burke, Financial Secretary of IBEW Local 549, is suspected of having embezzled union funds. Some people just can't be...
Mail Handlers Union Boss Max Jaramillo Faces Multiple Criminal Charges

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Mail Handlers Local 331 Treasurer Max Jaramillo is facing multiple criminal charges: two counts of wire fraud and three counts...
APWU President LaTanya Gadson Faces Serious Embezzlement Charges

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LaTanya Gadson, President of APWU Local 795, may have embezzled over $11,474 from union funds and now faces charges accordingly....
IEAU Vice President Amanda Gullesserian to Serve Prison Sentence

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Amanda Gullesserian, Vice President of International Entertainment Adult Union (IEAU), will be spending the next four months in a prison...