The New York Times reports on today’s hearings about the Friedrichs vs. CTA case and says that questioning did not appear favorable to the public sector unions. If the unions lose, workers who do not join can enjoy the benefits of collective bargaining without having to pay their fair share.
Adam Liptak wrote:
The Supreme Court seemed poised on Monday to deliver a severe blow to organized labor.
In a closely watched case brought by 10 California teachers, the court’s conservative majority seemed ready to say that forcing public workers to support unions they have declined to join violates the First Amendment.
A ruling in the teachers’ favor would affect millions of government workers and culminate a political and legal campaign by a group of prominent conservative foundations aimed at weakening public-sector unions. Those unions stand to lose fees from both workers who object to the positions the unions take and those who simply choose not to join while benefiting from the unions’ efforts on their behalf.
The Supreme Court ruled narrowly in the case, with the majority 5-4 opinion written by Justice Samuel A. Alito Jr.
Under California law, public employees who choose not to join unions must pay a “fair share service fee,” also known as an “agency fee,” typically equivalent to members’ dues. The fees, the law says, are meant to pay for collective bargaining activities, including “the cost of lobbying activities.” More than 20 states have similar laws.
Government workers who are not members of unions have long been able to obtain refunds for the political activities of unions like campaign spending. Monday’s case asks whether such workers must continue to pay for any of the unions’ activities, including negotiating for better wages and benefits. A majority of the justices seemed inclined to say no.
By the way, I received an email with a Facebook posting by the President of the Santa Ana, California, Education Association, who knows one of the plaintiffs. She posted this on Facebook and asked that it be shared widely:
“I normally don’t post my frustration against people but I will make an exception. I [met] Peggy Searcy when I was working at Lathrop. She is now one of the plaintiffs in the Freidrichs vs CTA case. When Peggy was working, she was able to transfer from Franklin to Lathrop and Lathrop to Greenville because of the protections bargained by SAEA; between 2008 and 2012 she did not have furlough days thanks to the work of SAEA and is currently enjoying a wonderful pension which was fought for by CTA! She is now working hard via the Friedrichs case to destroy the unions as we know them! She wants to ruin it for all of us who are still working! Shame on you Peggy!”
–Susan Mercer
Diane Ravitch's blog 
Idaho is a right to work (for less) state and does not have an agency fee. Even so those who do not pay association dues benefit from the results of negotiations. How about no more free rides? Don’t want to be a member? That’s fine. Go negotiate for yourself. Defend yourself against any claims and accusations. And do be sure you are up on defending yourself with the new career ladder evaluation. Want to be independent of any union or organization? I say give them what they wished for. No more free rides.
I agree. We’ll see if SCOTUS is rationally consistent or have completely devolved to a wholly owned subsidiary of Koch Industries.
I read an interesting legal argument about why, if SCOTUS overturns the Abood precedent giving the finger to stare decisis, then the same argument that agency fees suppress free speech apply the other way.
“If the Supreme Court rules that every interaction that a union has with its government employer is inherently political, Heather Whitney argues in her article, then that would open the door to unions claiming their own First Amendment right—to choose who they represent. In other words, if agency fee is compelled speech, then the duty of exclusive representation imposed on unions is also compelled speech.”
http://inthesetimes.com/working/entry/18682/friedrichs-v-california-teachers-association-scotus-heather-whitney
I believe Friedrich’s would also invalidate mandatory Bar fees, any government employee discussing work conditions or pay with a supervisor, including police and fire unions over safety isues.
Would it also mean the tax code is voluntary? I think the new joint fighter jet is junk and we need better drones plus pay regular soldiers more so their families aren’t on food stamps. Can I now withhold my taxes as money is free speech?
Even better, I no longer have to contribute to the departmental coffee fund and just drink all the coffee I want. Then refuse to make the next pot and complain it isn’t Starbucks. Heck, I could just skip the Powerball office pool and later demand my millions if they win!
One Nation, Under SCOTUS, with prosperity and government for a few. Amen.
The comparison to paying taxes is the most potent argument, in my humble teacher’s opinion. Please allow me to paste here a comment I wrote in another thread:
That’s the same SCOTUS that ruled for Citizens United. I have no faith in the SCOTUS to adjudicate justly — it never does– and never expected it to uphold Abood. I do not Believe in their rulings anymore. I’m much more comfortable with the California Supreme Court (and Vergara prosecution’s bleak future).
“These are the values inspiring those brave workers in Poland. The
values that have inspired other dissidents under Communist domination.
They remind us that where free unions and collective bargaining are
forbidden, freedom is lost. They remind us that freedom is never more
than one generation away from extinction. You and I must protect and
preserve freedom here or it will not be passed on to our children.
Today the workers in Poland are showing a new generation not how high is
the price of freedom but how much it is worth that price.”
Ronald Reagan
Labor Day Speech at Liberty State Park, Jersey City, New Jersey, September 1, 1980
This is an appropriate ironic quote.
By today’s standards, Saint Ronnie would be a RINO.
Sounds like the Justices need to know the benefits Ms. Searcy and the others received although it may not matter. Did I read the plaintiffs are backed by ALEC?
Yup. From Mother Jones: “With Friedrichs, the Washington, DC-based Center for Individual Rights is leading the charge. Financed in part by foundations with ties to the Koch brothers, the group was founded in 1989 to further the conservative agenda through aggressive litigation. In the past, it has also received funding from the Pioneer Fund, a foundation established in 1937 to pursue “race betterment” by promoting eugenics. The CIR has a long history of attacking affirmative action policies and defending controversial academics. In one famous case, the center successfully defended a University of New Hampshire professor accused of sexually harassing his students—one episode involved a reference to Jell-O and a dildo—and then celebrated its victory by throwing a Jell-O party on campus.”
It comes down to human selfishness and ignorance from the plaintiffs in the Freidrichs vs CTA case.
10 of these ignorant and selfish TEACHERS are the true example of the self-destructive teaching profession where the majority of teachers dedicate their lives to public education in order to protect and maintain the democracy for all upcoming younger generations. These ignorant people should choose to work for technocrats without humanistic education.
Time will tell how miserable their children and grand children will be.
Yes, we can be frustrated with union leaders in AFT, NEA, …, but we should not destroy our union of workers force. We can restructure our union rules to reflect all members’ votes without intimidation.
If we are afraid our own elected union leaders, then we shall prepare to die in fear to the power of GREEDY corporate who is like mafia without any respect for human lives, BUT PROFIT.
Life becomes unbearable because the inconsiderate trait of these typical coward plaintiffs. Back2basic
I think any retiree that does not join the union loses retirement benefits and health coverage since I now pay into the state pension. My exercise of money as free speech. Start with the plaintiffs of this case. Heck, they did it to the Detroit and Teamsters pensioners and those retirees were not sticking it to the younger workers.
Why isn’t the threat that this case represents enough to make our union leadership (at all levels) say “Oh no. What can we possibly do to be more responsive to our membership?”
Honestly, I’m feeling so disenfranchised by my unions at the state and national level that I would consider withholding financial support if we became a right to work state where I live.
THERE, I said it.
And I come from union organizers, union members, family members thrown in jail standing up for workers’ rights. And that’s how disenfranchised I feel right now.
I get the good my local does in bargaining for my salary and benefits. I get that we need a larger network to stay strong.
But that larger network is frayed and disintegrating before our eyes.
And the response from our union leaders is dismay and denial.
So horrible that we’re being attacked by the 1% looking to run the world. But to have complicity from within is just shameful.
Again, again, I say: We need a revolution and the time is now.
I agree, but we’ve got to overturn labor law requiring unions to represent “free riders”. See my post above. Then, if Abood is overturned, unions can compete for members, represent different interests, and be more responsive to grass roots issues at the national level.
But what Republicans are doing is, as usual, rigging the system. By requiring unions to represent free riders, the GOP is purposefully undercutting teachers.
We get bread and circus; they get the best democracy money can buy.
These plaintiffs talk about how the union doesn’t speak for them, how about the part where ten teachers from California don’t speak for an entire profession??
The plaintiffs are being fed a bad script. The exact same thing happens in any election, including elections for senator and representative. The winner speaks for everyone, even the ones who didn’t vote for him.
To Alice and MathVale;
We must know that the greed will always self destroy.
Union must bar workers non-union from the membership meeting.
In the bargain, union only bargain for members to earn benefits whereas all workers non-union will face their own music in their inconsiderate and coward attitude.
We really do not care if these non-union workers can get more or less from GREEDY corporate. Yes, it is most likely less because corporate profit is more priority than the well-being of workers. Back2basic
Don’t be so sure, the Democrats have a big hand in this as well. Do you believe that Obama has not made a concerted effort to destroy public education? We are losing the pillars of a democratic society.
Yes, Alice, revolution and the time is now.
Found this comment in the NY Times:
“Who Needs Unions? Not a Supreme Court Justice…
A guaranteed job for life. (However, they can be impeached)
A guaranteed yearly pension no less than their highest yearly working salary.
Guaranteed health benefits for life.
Only work 9 months per year.
Salary: About $250,000- per year”
“In many ways, ‘it’s the cushiest job in the world,’ said Supreme Court historian and University of Texas law professor Lucas “Scot” Powe.”
Time for a Revolution–a true overturning of corruption–of the 400 that control everything in the USA while not holding any political office. Gates, Adelson, Murdoch, Rockefellers, Obama, Arne, Rham, Koch Bros, Waltons– just to name a few. Time to fight to bring our democracy back and reject the Plutocracy it has become.
I don’t mind so much that the Democrats don’t support labor rights anymore. I just wish they’d quit lying about it and rattle off the same boring anti-labor screeds Republicans use.
I really cannot stand another election listening to these people lie constantly. They must have absolute contempt for the people they’re talking to. You want to tell younger people – “look, the hard truth is that they’re lying. Trust me- I’ve watched them do it for 20 years”.
It’s reached the point where it personally offends me- it’s just so incredibly disrespectful. For God’s sake just stop running on it. They don’t mean a word of it.
In Canada all must pay for all union priorities including politics, social policy, foreign grants etc. It has been to Supreme Court Twice. Unions won twice.
Writing for majority -so long as unions are democratic they can spend their funds however they like. SCC also said “it is necessary to have strong labour (our spelling) power to balance corporate power.
It’ll have the effect of giving a small group of extremely wealthy people an even tighter stranglehold on politicians and all levels of government:
“Citizens United and other recent rulings created the modern era of super PACs and unlimited political contributions by the wealthy.
The only question is how big a loss Friedrichs v. California Teachers Association will be for the unions. It’s virtually certain to be another step toward American oligarchy. The court’s conservative majority, setting aside a professed respect for precedent and states’ authority, is putting a thumb on the scale of justice in favor of the wealthy donors who have purchased the GOP and much of the government.”
https://www.washingtonpost.com/opinions/the-roberts-court-finds-a-new-way-to-stack-the-deck-in-favor-of-the-rich/2016/01/11/559c5c9c-b8ac-11e5-b682-4bb4dd403c7d_story.html?hpid=hp_no-name_opinion-card-f%3Ahomepage%2Fstory
It’s kind of shocking that a mainstream news outlet like the Washington Post’s editorial writers (now) admit much of the US government is “purchased” and use the word “oligarchy”.
It’s true of course- but still shocking that we all moved right from (finally) admitting this to passive acceptance in less than a decade. The race to the bottom continues. Not only are we an oligarchy, but no one sees any hope of anyone doing anything about it.
Ed reformers must be thrilled. Public school privatization will move much faster with public sector unions gone since they’re the only advocates for public schools left.
This “movement” has been wildly successful at destroying labor unions, I must say. Not so good at “improving public schools” but they really excel at lowering wages and benefits for the people who work in schools and surrounding communities.
To those that say let free loaders negotiate for themselves, devious management would have a response. Pay many above the union contract, undermine the union, decertify it, then fire everyone and put forth the lowest contracts possible. The only problem they have now (I live in right to work Nevada), there are not enough TFA and others to replace us. They can not wait, they plan on the day when collective bargaining ends. The fools that count on being valued for their service will find they are not as highly regarded as they think they are.
Old Teacher… I was thinking the exact same thing… in order to “finish off” the unions once there is this ruling, corporate “ed reformers” will be paid heaps of money by the likes of Broad and Gates so that they can offer public school teachers much higher salaries (not written with contractual staying power of course) if they agree not to join unions. As soon as the unions are dwindling in numbers there will be a final push! With no unions around … you are so right… suddenly that “extra” money will evaporate. I recall “ed reformers” offering conditional “merit pay” in certain schools throughout NYC a while back and teachers “read the writing on the wall” in most of these schools and voted it down. But pretty soon there will be no voting options.
It’s depressing. No doubt about it.
I went poking around on the internet just now to look for some pro-union quotes -you know, just to buck myself up before heading off on another dark, January morning to school.
This page is pretty cool: Stubby’s Labor quotes http://laborquotes.weebly.com/solidarity.html
If you have a chance scroll down there and check out the woman’s tattoo…. the word “solidarity” surrounded by an outline of Wisconsin. Wow. Love it.
It’s shaping up to be a perfect storm: the financial underpinnings of the unions have been removed, at exactly the time (from the perspective of this NYC UFT/AFT member) that the union misleadership seems both unwilling and incapable of risking greater rank and file engagement, since that might endanger their one-party state control, and their “seat at the table” with the so-called reformers. After all, the functioning of the UFT/AFT is predicated on member apathy and disengagement. In NYC three years ago, fewer than twenty percent of working teachers voted in elections, a state of affairs carefully cultivated over many years by the UFT’s ruling (for over half a century!) Unity Caucus.
Dark and tumultuous times ahead… the only positive thing is that this will some day, hopefully soon, lead to the repudiation of the disgraceful Weingarten regime, whose masquerade of trade unionism and democracy, along with its collaboration with those who seek to destroy the union, makes us far more vulnerable than we otherwise would have been.
The costs of the UFT/AFT’s faux-democracy will soon be apparent, as an ignored, demoralized and sold-out membership finally has a means of materially telling Randi Weingarten and Michael Mulgrew what they think of them, even if they’re cutting off their own noses in the process…
Weingarten has put all her eggs in Hillary’s basket
… which has a growing hole in the bottom.
Michael Fiorillo,
Yours is a sobering, sad, and completely truthful parable about teacher unions’ self destruction and their opportunity for rebirth and reinvention, the latter two being very, very difficult but worth the effort over the next two generations. Perhaps it will not take that long, given the level of poverty and shrinkage in the middle class.
I have ALWAYS been saying that the American people are going to have to have their noses bloodied and pummeled into the ground in order to wake up and realize, metaphorically speaking, that they are being dominated and destroyed by the overclass.
The overclass?
They’re H-E-E-E-E-E-RE!
Americans are slow learners, individualists, intellectually anesthetized, fattened up, overly entertained, geared up for war, put down for sex, sugared up, drugged up, outspent, debt-ridden, car-driven, violent-happy, dumbed down, and tuckered out from the work place and pop culture establishment out there.
Our propaganda machinery is brilliantly strong, relatively quiet, and effectively forceful.
However, this will be an opportunity for growth.
It starts with horrible suffering. It walks slowly over into the realm of becoming informed. It progresses to consensus. It unfolds into activism, and sometimes aggression. And it brings about change.
It won’t be the first time . . . . . Nor the last.
It is a dark, sad, and oppressive time to be in America.
And yet, one of the most exciting times.
Michael, I see things somewhat differently here in CA with the California Teachers Association, our NEA affiliate. I see the leadership as mostly conscientious, and very eager to have more member engagement, but sensing in their hearts that the membership is not really willing to take many risks or expend much time and effort. Can you really imagine your colleagues, inspired by better union leadership, taking to the streets to protest charters or the teacher evaluation system? If you were union president, what would you do? I’m not sure what I would do.
Ponderosa,
You’re points are well-taken and refer to a real dilemma.
You are fortunate to have committed union leaders who respect the rank an file, despite its (very real) apathy and (cultivated) ignorance. I wish I could say the same.
As I mentioned in my comment, Unity caucus has made, consciously or not, a Devil’s Bargain, in which seemingly perpetual power is maintained in exchange for ignoring member input and collaborating with management. This has worked well for the leadership, though quite poorly for the rank and file, but was destined to fail, since it ignored the fact that current policy involves seducing/pacifying/neutralizing the union with an illusory proximity to power, while undermining it and the public schools upon which its membership rests.
The misleadership of the UFT/AFT is unwilling/unable to recognize this. And why should it? It’s been years since they were in the classroom – and Weingarten didn’t even finish her cup of coffee in the classroom, anyway – and they are remote from the teachers they ostensibly represent. While Randi is quite good at pretending to listen to members, and will engage in dialogue, her sock puppet in NYC, Michael Mulgrew, can’t be bothered to respond to emails or engage in real face-to-face discussion with members. At union Delegate Assemblies, he preens, brags, ignores members who wish to speak or raise resolutions, and filibusters.
We are caught in a dangerous negative feedback loop, whereby the policies that led to political success for the leadership (namely, ignoring and manipulating the rank and file while cozying up to the edu-privateers) result in demoralization and indifference among teachers, who then cannot be bothered to help themselves or their colleagues when a crisis hits.
This might seem like a chicken-and-egg situation, but I don’t think it is, at it’s played out in NYC. Though things are infinitely worse now, with an embarrassment like Michael Mulgrew nominally in charge, but even (or especially) in the Shanker era, the UFT was a top-down, business-oriented union, with minimal if not antagonistic relations to the communities its members serve. However, Shanker was at least a real trade unionist, unlike Weingarten.
The learned helplessness that Unity Caucus has successfully cultivated among its membership is now a mortal danger to the union itself.
Given their track record regarding education, it doesn’t surprise me that that Times would say it’s a done deal. It’s what they want.
I think sometimes that even this Court gets frustrated with defense attorneys who cannot argue their clients out of a paper bag.
The whole First Amendment argument is absurd to the point of being infantile.
The line of reasoning presented by the plaintiffs would render all laws and contracts unenforceable and all taxes optional.
The plaintiff teachers in the Friedrichs case are paid trolls. If anyone actually thinks that these teachers are actually that stupid you are crazy. These plaintiffs have been paid a huge amount of money and we all know where the money is coming from. This is a SHAM of major proportions. The root to all evil is money and never more true here in this ridiculous case of I don’t want any union protections and I make too much money. It is quite hysterical how people are actually believing this is real. This case is such a set up it is quite mind boggling. And, where in the world did you ever see a case go to the supreme court in a flash!!! Where were the other proceedings?? Is it not a final step when you go to the SUPREME COURT?? Boy oh boy did the supreme court get this case in a jippy. THis is all bull shit people, and we the hard working people are getting shafted that this case alone is sitting in the SUPREME COURT! Haters have become of the population of choice because do people really think that unions which make up approx. 7 percent of the work force should have to be dealing with this american law bull l?? We need a wolf like response some how to the jerk offs like Scott Walker and his backers the Koch brothers who should be sent off to Syria and fight for ISIS people if they have so much hate in them.
Can I get a rebate on my taxes that went to support political actions I disagree with? Just a rhetorical question, the concept seems to be the same to me. As has been noted, this can turn contract and labor law upside down.
The Supreme Court has a way of specifying that their rulings apply only to very specific cases (like they did in the Bush v Gore ruling)
That they do it without cracking a smile is the only amazing part.
Just wondering if there are any friends of teachers (and in court supporters of teacher unions) among the nation’s unionized fire fighters, police and correction officers, diverse members of the American Federation of State, County and Municipal Employees and so on.
The police and firefighters need to know that they are next in line for this treatment. Just think, private police and firefighters…..the Koch’s dream about it.
If the Overclass has the least bit of intelligence, they’ll leave the cops alone, since they’ll need people with guns to defend them from the angry serfs in a few years.
As for the firefighters, yes, they’re next…
My bet is SOTUS will add a carve out for police and fire. It is also interesting to note the anti-teacher judges were mansplaining their ideology. It is no accident most teachers are women and the conservative judges are men. Todd Akin in a robe?
fire fighters maybe, police, im not so sure. they seem to get everything. they are self-styled rambos. i was thinking of joining up and i saw that only eepople by age get in with military expierince. their purpose is being pedigreed.
Can’t agree with your description of the police as self-styled rambos. Are there some that go way overboard (good thing that everyone has cameras, eh). I’ve known quite a few policemen and women over the years and the majority are conscientious folks.
Let me recount a conversation I had with very veteran homicide detective about two weeks ago. He said “Just think about it, we give a young kid, a twenty something a gun and ammunition, a badge, a new souped up car and a gas card. What do you think could go wrong”. In other words he was commenting on the lack of training that the police get, especially in entering the force (and that is what TFA and the other quack teaching training groups are for the teaching force-total lack of training).
I also asked him if he ever had to use his weapon. He said once. I said if you don’t want to talk about it sorry for bringing it up. He said continued, that he was chasing a suspect (remember he’s a homicide detective) and that the suspect pulled a gun out. The detective looked at his son who was with us and said, “Alex was a youngster and I ascertained that only one of us was coming out of the situation alive and I was determined that it would be me. I had a family to support.” And I thanked him for the work he does as a policeman.
Great story. Our police force (Columbus) is well trained and well respected as professionals. It is a pretty diverse group and my interactions positive. I had an acquaintance try to join and the vetting process very selective. The officers are self motivated and well paid (some can get a $1 million bonus retiring in a DROP program). CPD is proof that a strong union that advocates good wages, secure retirement, sound working conditions is not an evil, but yields positive results for the whole community.
Michael, I have faith in the overclass, their greed will over ride any intelligence they have. They can hire private security ala Blackwater and let us have chaos and disorder until we unite and storm their gated enclaves.
In Canada non payers would be considered scabs. Nobody would speak to them
Principals would be told nobody wants to work with them. Their names would be printed in every union publication and read out at monthly meetings.
Doug:
Bravo to the Canadians, they have the right idea and spirit. The US unionization rate is down to 11.1% while the Canadian unionization rate is about 28%. The US has become a rabidly anti-union country.
Joe
I detect a lot of cynicism amongst American teacher union members. Estranged from leadership. Not true in Canada or at least far less.
Sadly, Doug, our union misleaders have given us so much to be cynical about: accepting the premises of so-called reform, collaborating with those who would destroy the union and public education, signing on to every hare-brained (if not openly vicious) scheme that enriched consultants or publishers at the expense of the classroom.
And on a cultural note, while your freeloaders would rightly be called scabs and parasites, ours will be called rugged individualists.
Hi Mike
Yes our leaders take a 100% opposition to both standardized testing and privatization through charter or voucher. Nevertheless, Alberta has 10 charter schools and some provinces give some but not full support to private education. Ontario is 44% of Canada by population and to date has rejected public money to private education.
In Ontario the Conservative party clearly lost an election 2007 after opposing public money for private religious schools.
One driver is that Canada is far less religious than USA. Only 20% attend regular religious service while American numbers are double.
Indeed, Doug, and as you may have noticed, one of the plaintiffs in Friedrichs is the Christian Teachers Association.
Not very “Christian” of them to undermine worker rights, is it?
We are lucky to have zero right-to-work provinces. In every province you must be a union member as a condition of employment. A right won in the 1940s. You are not allowed to “opt out” of any portion.