Border Agent Attempts to Leave Union over Vaccine Mandate

Tower v. NTEU-CBP

CASE SUMMARY

Andrew Tower is a Customs and Border Protection (CBP) Officer stationed in Detroit, Michigan, and was a member of the National Treasury Employees Union (NTEU-CBP). But when President Biden issued a 2020 executive order mandating Covid-19 vaccinations for federal employees, Andrew believes his union fell down on the job.

Border Patrol Union Allows Employee to Face Firing Threat


Andrew expected NTEU officials to represent employees, like him, who objected to the vaccine mandate.

However, union officials buckled under pressure from the Biden administration and allowed Andrew and others to face the threat of firing—even though the union had the opportunity and obligation to represent employees’ interests.

Officer Attempts to Resign From Union


In 2021, frustrated by his union’s lack of representation, Andrew emailed the CBP’s payroll office, asking how he could ensure dues would immediately stop being deducted from his paycheck.

He was told that the NTEU enforced a “resignation window”—a short window of time in which members can end their membership. Andrew would have to meet with the local union president and obtain the president’s signature to resign outside of that specific window.

Ignored by Union Officials and No Longer in ‘Good Standing’


Andrew contacted the union president in 2022 but received no response. He didn’t receive a response to three subsequent follow-ups, either. And union dues continued to be deducted from his paycheck.

However, Andrew realized that the union stopped sending him emails and information on events and clinics it was holding for members. Andrew soon learned that because he had requested to leave the union, union officials considered him to be “a member not in good standing,” but they continued to ignore his resignation and forced him to keep paying dues anyway.

Andrew files unfair labor practice charges and FOIA lawsuit


Andrew contacted the Fairness Center to help him assert his constitutional rights to not be forced to financially support or associate with a union. We filed an unfair labor practice charge with the Federal Labor Relations Authority.

Andrew also filed a Freedom of Information Act Request to find out why, despite being cut off from the NTEU, the union and CBP were still deducting dues from his paychecks. The deadline came and went for CBP to respond. On behalf of Andrew, the Fairness Center then filed a federal lawsuit to obtain the records requested.

Tower v. NTEU was filed before the United States District Court for the District of Columbia.


Documents

CASE SUMMARY

Andrew Tower is a Customs and Border Protection (CBP) Officer stationed in Detroit, Michigan, and was a member of the National Treasury Employees Union (NTEU-CBP). But when President Biden issued a 2020 executive order mandating Covid-19 vaccinations for federal employees, Andrew believes his union fell down on the job.

Border Patrol Union Allows Employee to Face Firing Threat


Andrew expected NTEU officials to represent employees, like him, who objected to the vaccine mandate.

However, union officials buckled under pressure from the Biden administration and allowed Andrew and others to face the threat of firing—even though the union had the opportunity and obligation to represent employees’ interests.

Officer Attempts to Resign From Union


In 2021, frustrated by his union’s lack of representation, Andrew emailed the CBP’s payroll office, asking how he could ensure dues would immediately stop being deducted from his paycheck.

He was told that the NTEU enforced a “resignation window”—a short window of time in which members can end their membership. Andrew would have to meet with the local union president and obtain the president’s signature to resign outside of that specific window.

Ignored by Union Officials and No Longer in ‘Good Standing’


Andrew contacted the union president in 2022 but received no response. He didn’t receive a response to three subsequent follow-ups, either. And union dues continued to be deducted from his paycheck.

However, Andrew realized that the union stopped sending him emails and information on events and clinics it was holding for members. Andrew soon learned that because he had requested to leave the union, union officials considered him to be “a member not in good standing,” but they continued to ignore his resignation and forced him to keep paying dues anyway.

Andrew files unfair labor practice charges and FOIA lawsuit


Andrew contacted the Fairness Center to help him assert his constitutional rights to not be forced to financially support or associate with a union. We filed an unfair labor practice charge with the Federal Labor Relations Authority.

Andrew also filed a Freedom of Information Act Request to find out why, despite being cut off from the NTEU, the union and CBP were still deducting dues from his paychecks. The deadline came and went for CBP to respond. On behalf of Andrew, the Fairness Center then filed a federal lawsuit to obtain the records requested.

Tower v. NTEU was filed before the United States District Court for the District of Columbia.


Documents

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