The Supreme Court reached the right decision in the Knox case, but we still to need to let all American workers choose whether or not they want to belong to a union.
While last week’s Supreme Court’s Arizona immigration and Obamacare decisions have caused great controversy in some circles, its earlier judgment in the Knox vs. Service Employees International Union case was widely heralded; only the union elites and their fellow travelers were unhappy with it. A great majority agreed that the Court acted properly in issuing a verdict that supported the freedom of union workers not to have to have dues forcibly removed from their paychecks and given to political causes that they don’t support. By a 7-2 margin, the justices said the SEIU could not force its members to pay the part of union dues that goes for political causes even if the union felt it was for the workers own good.
Actually this decision didn’t break any new ground. Unions haven’t been allowed to force workers to pay for their political agenda since the 1970s and 1980s when several landmark decisions were handed down by the court. But SEIU Local 1,000 in California tried to hoodwink the rank and file. The case probably never should have reached the high court, but their involvement became necessary in order to overturn a decision from the far left Ninth Circuit Court of Appeals (or as it’s affectionately known to us left coasters – the Ninth Circus), which has become a regular occurrence these days.
According to the Wall Street Journal,
The California SEIU local attempted to end run these protections in a special 2005 election and the midterms in 2006, amid a furious debate about union government perks. The SEIU joined a “Political Fight-Back Fund” to defeat two propositions that would have given then-Governor Arnold Schwarzenegger the ability in some cases to modify salaries, benefits and pensions. To fund this advocacy, the SEIU imposed a temporary 25% hike in union dues, never providing its 28,000 non-union members the Hudson notice that would have let them opt out.
The SEIU argued that lobbying against the ballot initiatives was really work on behalf of all workers. Yet that would erase the legal distinction between politics and collective bargaining. These activities may be especially fungible in public employee practice already, but this was too much even for liberal Justices Sonia Sotomayor and Ruth Bader Ginsburg, who concurred with the majority on the narrow if obvious grounds of technical precedent.
The irony here is dazzling. Steve Greenhut notes,
It’s ironic that SEIU took money from nonmembers to specifically battle a statewide proposition that would have stopped them from being able to take such money in the future. There’s something disturbingly totalitarian about that – making me give you money that you can use to stop me from exerting my rights.
The SCOTUS even went so far as to question whether or not an “opt in” method of dues collection would be more just.
Writing for a five-member majority, however, Justice Samuel Alito raises larger questions about compulsory union dues and individual rights. Shouldn’t the people who choose not to join a union, he asks, have to opt into political and ideological activities that they may presumably dispute—rather than opt out? “Which side should bear the risk?” he continues. “The answer is obvious: the side whose constitutional rights are not at stake.”
While the court is to be commended for its decision and bringing up the notion that opt out as the default position is grossly unfair, there is a bigger worker freedom issue at stake – that is, paying union dues as a condition of employment for certain workers in 27 states and the nation’s capital.
In California, for example, in order to teach in a public school, teachers are forced to pay dues to three different unions to the tune of over $1,000 a year. They must fork over money to a national union (National Education Association or American Federation of Teachers), a state affiliate (California Teachers Association or California Federation of Teachers), as well as their local union. If they choose not to have any part of their dues go to union supported political issues or candidates, they must resign from the union, and by November 15th of each year ask for a refund. They can expect to get back about a third of their dues. The bad news is that the union still gets to keep the rest, claiming that this is a “fair share” because they are representing teachers – whether or not this representation is wanted. And of course, union members usually have to find the resignation procedure out for themselves; the unions only grudgingly, upon request, give its members minimal information – and fairly often the information they do provide is misleading or erroneous.
Anyone who believes in liberty should be outraged about forced unionism. As a teacher, I was aghast at just about everything that CTA stood for, yet was still forced to line its pockets. The only way to pay nothing to the union as a teacher is to become a religious objector. This entails hiring a lawyer and proving that you are “religious enough.” If successful, the teacher still has to pay the full dues amount to a mutually agreed upon charity. Bottom line: In a non-right-to-work state, a teacher must pay to play.
With Independence Day upon us, we the people need to confront the fact that it is downright un-American and immoral to force workers to join an organization that they don’t want to belong to as a condition of employment. Anything short of giving workers the freedom to choose is not acceptable.
About the author: Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.