Michael Hiltzik is a business writer for the Los Angeles Times. He seems to understand education issues better than many other journalists. In this post, he explains the animus and ideology behind a lawsuit against teachers’ unions in California known as Bain vs. California Teachers Association, et al. In this suit, a group of four teachers are suing six California and national teachers unions, claiming that their free speech rights are denied when the union takes positions they don’t agree with. Hiltzik understands that the goal of the lawsuit is not to protect free speech, but to deny the unions’ right to speak for its members.
Follow the money.
“The lawsuit purports to defend the “free speech” rights of its plaintiffs, four California schoolteachers. But its real goal is to silence the collective voice of union members on political and educational issues. Its lesson is simple: If you don’t like the decisions your organization or community reaches through the democratic process, just refuse to pay for them.
“The plaintiffs in Bain vs. California Teachers Assn., et al, say the conditions of union membership coerce them into supporting “political or ideological” viewpoints they don’t share. StudentsFirst, an education reform group supported by wealthy hedge fund managers and the Walton family, is bankrolling the lawsuit. StudentsFirst was founded by onetime Washington, D.C., schools chancellor Michelle Rhee, who, before leaving the organization in 2014 under a cloud, established its philosophy that the problem with education is that teachers have too much power and job protection.
“Bain vs. CTA should be viewed in the context of a long war against public employee unions. Among its landmarks were Gov. Arnold Schwarzenegger’s 2005 ballot initiatives to reduce teacher tenure rights and hamstring public employee unions’ authority to spend member dues on political activity. Both failed.
“The lawsuit’s prime target is the “agency” or “fair share” fee. Under the law and according to a 1977 Supreme Court decision known as the Abood case, workers can be assessed non-member fees to cover solely the cost of negotiations and contract enforcement, without being compelled to join the union and support its political activities with their dues. That’s the arrangement in California. For decades, union opponents have been trying to get Abood overruled. The Supreme Court is pondering whether to hear one challenge from California, Friedrichs vs. California Teachers Assn. Bain “helps create a favorable political climate for the Supreme Court” to accept the Friedrichs case and overturn Abood, says Joshua Pechthalt, president of the California Federation of Teachers, a defendant in Bain. Its purpose is “pretty clear,” he says: “The erosion of unions’ ability to be involved with politics.”
If the union-haters get their way, union voices will be silenced, but the well-funded voices of corporate America will not. After the Citizens United decision by the Supreme Court, muzzling the unions would be another blow against democracy. We are accustomed to the cacophony of divergent opinion. It would be disgraceful if those who defend working people were silenced.

So if these FOUR teachers win this case that means they end up censoring the teachers’ unions that represent hundreds of thousands of teachers so those four teachers and whoever is funding this dangerous and frivolous court case can control who earns the right to say what they want. This case is a direct attack on the 1st Amendment.
A win would be the third win for corporations over individuals and any organization that represents the public—-for instance labor unions that are democratic organizations where the members vote for their leaders.
When I belonged to a teachers’ union in California, I remember voting for how our dues would be used in combating issues that would damage the public schools, and the majority of teacher members decided how the unions would spend that money to represent the interests of the most members. In fact, we had to vote to approve the use of any dues used in promoting the interests of the teachers who belonged to the union.
The minority complained, of course, and with funding from people like the Waltons kept complaining for decades that the teachers’ unions were using their money against their will. The majority through the democratic process had given their approval but that didn’t count. All that counted was what the Waltons wanted.
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I understand the problem the unions face in this situation. Fortunately my local of AFT has the option for me to choose for the political activity portion of my does is used for nonprofit scholarship funds instead of the political activity of the union. It’s not easy to do – you have to complete a form EVERY YEAR only between Sept.1-30, submit it to the union office and choose a union scholarship fund for the money instead – and you have to remember it every fall, but since neither my local nor the national union has NEVER endorsed candidates that I believe should be supported, I make it a point to get the COPE fund waiver done. I don’t feel the unions speak for me politically, so I opt out.
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I am so sorry, drakestraw. The situation is INDEED AWFUL. Good for you to OPT OUT since you don’t feel the unions don’t represent you.
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We have a homeowners organization with dues and membership completely voluntary. About 25% of the homeowners pay dues and the remaining 75% freeload and yet complain. The organization is failing, the grass isn’t cut, and the neighborhood is worse off.
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Here’s a good summary from Raw Story on the right wing attack against teacher’s unions:
http://www.rawstory.com/2015/08/republicans-deep-hatred-for-teachers-cant-be-denied-and-theyre-not-even-trying/comments/#disqus
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We are looking like North Korea more every day, just our leaders have better haircuts.
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TAGO!!
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Requiring any organization to have 100% buy in to represent a group of people is a pretty high standard – I can’t think of any other organization that could have such a standard.
By this logic should corporations not be allowed freedom of speech for cases where someone wants to benefit from the company but don’t agree with their political speech?
Should not corporate money be restricted to purely business growth and not political activity?
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If I don’t like the new F-35 jet fighters, can I opt out of the military portion of my federal taxes? I agree, no one can be 100% happy 100% of the time. Too many people now think since they didn’t get to play quarterback, they are going to take their football and go home. I don’t agree with the views of my leaders, but I am still in the game voicing opinions, even if one, small voice.
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Thank you for saying what I thought. Wouldn’t it be nice if every citizen in the United States could decide where their tax money went? Teachers who disagree with their union have a choice—leaving the public schools and go teach in a corporate Charter or private school for less or leave education for good.
According to glassdoor.com, the average pay for a Charter School Teacher is between $40k and $42k — I wonder if that is because there is no union representing the teachers.
For a comparison, Salary.com reports that the median expected annual pay for a typical Public School Teacher in the United States is $53,183.
How much do public school teachers pay in union dues to get that higher annual medium salary, a better workplace environment and better job security—at least until the corporate reforges strip that job security and better workplace envinroment away for good?
The Wall Street journal reports that unions dues for public school teachers are about $1,000 annually. Wow, the cost of earning about $13k more a year is $1k?
http://www.wsj.com/articles/teachers-vs-union-dues-1430781887
Here’s the wrinkle – what happens to charter school teachers who don’t like the way their schools is managed?
“Fourteen percent of charter school teachers left the profession outright and 11% moved to a different school, while 7% of traditional public school teachers left the profession and 7% moved schools. Using multi-nomial logistic regression, we found the odds of a charter school teacher leaving the profession versus staying in the same school are 132% greater than those of a traditional public school teacher. The odds of a charter school teacher moving schools are 76% greater.” …
“Collectively, the findings from this study illuminate a critical challenge facing
charter schools and may explain part of the reason why charter schools are not
systematically outperforming their traditional public school counterparts. Charter schools
are experiencing rates of both attrition and mobility that are high by any standard.” …
“Compared to traditional public school teachers, charter school teachers are more likely to voluntarily leave the profession or move to a new school because they are dissatisfied with the school and its working conditions.”
Click to access stuit_smith_ncspe.pdf
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Teacher voices in Newark have effectively been silenced through scripted curricula and intimidation campaigns. My union has prematurely endorsed Hillary Clinton, whose candidacy I do not support. My union does nothing to ease the plight of EWP teachers and administrators. Despite these hardships, I will continue to pay my dues and support my union. A world without labor unions will not be a happier place.
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Yes. I agree. Unions are far from perfect and national unions are wandering the wilderness with Democrats. But at the grassroots, unions are just teachers in a classroom. I think the U.S. military makes terrible decisions and wastes money, but I certainly do not want to abolish national defense, nor demonize the soldiers serving day to day. But America seems intent on supporting anti-worker, anti-teacher ALEC puppets like Walker, Bush, and Christie to the point of destroying teachers and education. It is baffling why so many want to eliminate schools and learning.
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MarhVale,
It is far easier to control a semiliterate, minimally educated populace.
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Scary thought: The Dems support the charter schools and this other nonsense, including bashing public sector unions, yet public sector unions still donate money to them.
Serves them right.
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Traditional conservatives are really big on the sanctity of contracts, but of course non-hypocritical conservatives went extinct a long time ago,
When Company1 signs a contract with Company 2 for the provision of specified services the contract will almost always say that Company2 shall be the exclusive provider of those services to Company1. Franchises work the same way, saying that the franchise owner has the exclusive right to sell a brand of burgers or coffee or whatever in a specified territory.
Just imagine the kind of stink the a Genuine Conservative would raise at the undue restraint on freedom of contracts if the State disallowed exclusive provider and franchise clauses, if the State legislated some kind of Freedom To Sell Any Brand Of Anything Anywhere Anyone Damn Well Pleases.
Well, it’s not one bit different if Company2 is a collective bargaining unit except for the fact that the today’s brand of Pseudo-Conservative just plain hates the unions that made the Great American Middle Class possible.
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Yeah, “union voices will be silenced” unless they’re allowed to be the “voice” of those who would prefer to exercise their own vocal chords. Additionally, no doubt unions will “lose their voices” if they’re not allowed to extort funds from those who would just as soon see THEIR money spent in the way THEY see fit.
Interesting concept of “freedom” some [alleged] educators have there, isn’t it? Really sound like individuals we should allow to “teach” and pass their “values” on to our children, don’t they?
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