The U.S. will hear a case this fall that will determine the future of labor unions. Pro-business groups have fought the very idea of labor unions and collective bargaining for more than a century. Yet no institution in our society has done more to improve working conditions and to lift poor people into the middle class than labor unions.
Here is a straightforward explanation of the significance of this case by the BATS.
“If Friedrichs successfully overturns Abood and removes “agency shop” fees many surmise it will destroy labor unions in the country. Exposure of the real intent of the Friedrichs case is necessary because the political nature of this case is alarming; not just because of its ability to destroy labor unions but because of the nature of the deception.
“The Center for Individual Rights is the firm that is representing Friedrichs, the 9 other teachers and The Christian Educators Association International.
“The largest donor to CIR are the Koch Brothers ($40,000) .”
Here is the latest from politico:
“COMING THIS FALL TO A SCOTUS NEAR YOU: The fall term’s most consequential case for organized labor, Friedrichs v. California Teachers Association, will give the high court an opportunity to free public employees from their legal obligation to pay bargaining fees to a union. That obligation was upheld by the Supreme Court in 1977’s Abood v. Detroit Board of Education . If the court overruled Abood, it would impose a right-to-work regime on the country’s still-robust public sector unions. Freeing non-members from having to pay fees would create a free-rider problem wherein workers could benefit from union contracts without having to compensate the people who negotiated them on their behalf. If too many workers chose that route, unions like AFSCME and SEIU would have to scale back dramatically their bargaining and other activities. Even if the court didn’t go that far, it could still impose heavy financial burdens on public sector unions. The petitioners in the case asked the court, as an alternative to overruling Abood , to require non-members to opt in to paying fees for union political activity, replacing the opt-out regime under current law. Associate Justice Samuel Alito, in particular, appears to be itching to overrule Abood. More from Pro Labor & Employment’s Brian Mahoney: http://politico.pro/1VywJvx
“- Jacob Rukeyser, staff counsel for the California Teachers Association, said no matter what happens with the case, the assault on teachers unions will continue. The education reform movement wants to “deprofessionalize” the education profession, he said. “Regardless of how the Supreme Court rules, there will be continuing attacks on teachers unions, public sector unions and the labor movement as a whole,” he said. “Our opponents are very well-funded and unrelenting … we’re prepared for that. We expect this assault on working men and women will continue … The end result is just one of marginalizing and silencing the professional voice of our teachers.”
It is probably too late to influence this Supreme Court in these TERRIBLE decisions
but
an election is coming up and one of the most vitally important issues in voting for the next president is that the next president will undoubtedly replace 4 of the judges now on the court. Again as I posted previously, if you can get a copy of this week’s issue of THE NATION do so. The whole issued is devoted to about 10 TERRIBLE decisions which the Roberts court has made, NOT just the horrific Citizens United judgement. Most of these were determined by a 5 – 4 vote. THAT is why this is so vitally important. I was unaware of so many horrific decisions. This next election will without doubt determine the court’s decisions for decades to come.
PLEASE inform yourselves. Sorry to be political but if you vote Republican you will continue these horrific decisions which affect us all and our posterity as well as our public schools.
Well said! Thank you.
That is why I am voting Democratic no matter what. I will vote for Bernie first and foremost, but if he loses the primary, I will vote for Hillary, assuming she wins. She will not stack the court with right wing ideologues. Sure, she’s a corporate Democrat but so was/is Obama and he appointed 2 moderate/liberal leaning women to the court. Education is not the only issue. The Supreme Court is really crucial.
Agree, Joe…but for the Friedrichs v. CTA decision, I predict that SCOTUS will choose to cripple unions. Alito has offered an appealing argument re free speech, and I cannot imagine Kennedy will not join with him, Scalia, Thomas, and Roberts, to vote for the plaintiff. Our hope is that maybe, a big maybe, Roberts will vote against the plaintiff. He did it twice with Obamacare…so keep fingers crossed.
I wouldn’t expect a happy outcome here considering the nature of this court, the general buy-in on both sides of the establishment political spectrum for reform ideas that are anti-union, and the reformers use of the narrative and language of civil rights.
Also, and this is really sad, a small part of me hopes this case goes the wrong way so I can have the option of NOT paying dues to NYSUT…
Here in NY its basically like we have no union at all, and increasingly no protections.
For NYSUT, its truly what they deserve…..oblivion
Don’t get me wrong, I want the case to come out on the pro-union side, but its sad that I have the above thoughts.
There are a lot of people in California who feel the same way about SEIU. A company union in sheep’s clothing.
As I’ve stated before on this blog I am not sure that a ruling against agency fees would be detrimental to unions. Unions were most effective, at least the UFT was, before the agency fee was established. The Taylor Law was amended in 1967 to establish the agency fee. Prior to that the UFT called for two strikes under the Taylor Law which included the two-for-one days pay penalty for striking teachers. So the penalty didn’t stop strikes and teachers were able to negotiate better deals. After the agency fee was established the UFT has never called for a strike. Doing so would result in a discontinuation of the agency fee. Union leaders know that wether a teacher joins the union or not the union will receive its dues. This resulted in the union leaders becoming loyal to the political leaders that guarantee union dues, and more importantly, their hefty salaries. I believe Randi Weingarten’s salary is close to $500,000 per year.
By the way, Randi Weingarten was asked a while ago under what circumstances would she call for a strike: Her answer was the loss of tenure. Tenure is essentially gone under the VAM/high stakes testing regimens. Still waiting.
This is a title in the form of a rhetorical question, right?
I don’t know, Diane- the idea behind labor unions have been around a lot longer than any of the individuals who seek to erase them.
Since no one has ever come up with a better idea, I don’t think even the most dedicated anti-labor lawyer or politician(s) or business entity can keep them down forever.
Chiara,
Re unions: the same fat cats fought them in every decade. They have wiped out most of the private sector unions by outsourcing, technology, or legislation. Surprise! Inequality is widening.
I would also say that if labor unions are such a terrible idea and people would never even consider joining one, you have to wonder why so many wealthy people and politicians spend so much time and money destroying even the possibility that one exists, anywhere.
It’s about cheap labor. They want it and once they get it they want to make sure they keep it. Labor unions make that harder.
I fear we will be seeing unions taking to the streets to fight for our rights like our early brothers and sisters did.It’s going to get real ugly real fast.
Why can’t this nation learn from our past?
If union members are unwilling to fight for themselves, no one else will
Union members will fight when they begin to feel the pain. We still have a ways to go. Biggest problem we face right now is apathy,especially in our teacher’s unions. I see it first hand every day.
That must change in order for us to survive.
Agree, rr.
I remember when the court ruled on the right to charge agency fees. There were smiles in the teachers’ lounge. Now that billionaires want to rule us all, we have to revisit the same issue, only this time the Supreme Court has more conservative judges.
All this case seems to be about is whether the union’s spending specifically on politics is something its members can “opt in” or “opt out” of.
The larger issue might be why a union is even necessary, and not a legally imposed representational monopoly. Weingarten’s salary is very impressive. Is it warranted, for what ought to be considered more of a public service?
With the weakening of the Teacher’s Union, I would venture to say the majority of teachers are not aware that this will be taken up by the Supreme Court.
This case, Friedrichs v. CTA, is being adjudicated right now by SCOTUS. Teachers better wake up and take to the streets or they will have no unions to fight for them…at all. Alioto, who has raised the issue of free speech, is on target with the conservatives, and has Thomas, Scalia, and Roberts with him…and Kennedy is seeming to see it his way. This will be a huge loss for unions and teachers.
With the heat Roberts has taken from the right over recent decisions, I see this court look to try and regain conservative cred by throwing teachers unions under the bus. It has little to do with law and all about politics.
The business interests and wealthy fight so hard to destroy the last remaining unions because that is all that stands between the 1%ers and a total plutocracy. When the last unions are gone, so goes America as we know it. I highly doubt freedom, liberty, and democracy can withstand third world inequality.
While not what we want to happen, teachers who decide they want the benefit of union negotiators without paying for it might find themselves very unpopular in the teachers’ lounge. I can’t see myself supporting a teacher who wants a free ride. Need someone to take your duty? Sorry! You want to borrow/use an exercise from my unit on…? Are you kidding? And by the way, the scab teachers sit at that lunch table. Can’t find a seat? What a shame!
Does this sound harsh? I’m sure others can come up with better ideas. If I’m paying dues to make sure I have some representation in my place of employment, then you had better be sharing that cost if you want to work there beside me. Do you really think you would be better off without unions? Evidence, please.
I’m willing to freeload off of UFT/NYSUT?AFT leadership if SCOTUS afffirms the palintiff’s’ case becasue Leadership has been freeloading off of my dues for too long. Keep your seat at the lunch table. I eat in my classroom with other teachers who despise our union leadership.
Despising union leadership and despising unionization are two different things. Are you counting on enough people sticking with the union to negotiate your working conditions and salary? Or are you in favor of “right to work”laws? I don’t have much personal reason to support unions. I am retired and never had full membership benefits, and the biggest union local I worked with was the most dysfunctional. I think members begin to become an amorphous blob when the union is too big to serve individuals. Then it depends on local or building level support which you can influence. Sometimes I think union leadership spends too much time crafting politically correct messages meant to offend the least number of power brokers without seriously riling their membership. Karen Lewis and the new leadership within the Chicago Teachers Union show me that change is possible, but Karen would be the first to tell you that there are no short term fixes. (Sorry, Karen. I have no right to speak for you.) Doesn’t NYUFT have a progressive caucus? I hope you and those teachers eating lunch in your room are part of it because you have much more to lose than lousy leadership.
Well, it has begun http://bigeducationape.blogspot.com/2015/10/california-teacher-tenure-and-seniority.html
I think the case for unions and tenure has to be made continuously. It’s clearly not enough to do it once for a generation, and probably not enough in every 5 year, either.
Here’s the original, unmangled article. How can there be such different events just a few weeks apart? In Seattle, the teachers’ strike, and a few hundred miles away, the opposite ideas win. Eli Broad must be celebrating. Hopefully somebody will investigate the judge’s connections to him and charter schools.
http://www.latimes.com/local/education/la-me-teacher-lawsuit-20140611-story.html
Here is the judges’ ratings. http://www.robeprobe.com/find_judges_result2.php?judge_id=4056
Ah, this is an old article. Sry.