Tag Archives: right to work

Workers of the World, Your Rights!

By Larry Sand (follow on Twitter)
UnionWatch

LOS ANGELES – Unknown to many employees throughout the country – especially in non-right-to-work states – they have a right to not belong to a union.

This year, June 23rd – 29th is being dedicated to informing America’s wage earners of their union membership options. This project, National Employee Freedom Week (NEFW), is spearheaded by the Nevada Policy Research Institute (NPRI) and the Association of American Educators (AAE).

The idea for this undertaking came about in the summer of 2012 when NPRI, a non-partisan think tank based in Las Vegas, launched a small-scale campaign to let local teachers know that they could opt out of their union, the Clark County Education Association, by submitting written notice from July 1st to July 15th.

The reaction was stunning. Teachers thanked NPRI for sharing that information. Hundreds of teachers wanted to leave CCEA, each for their own unique reasons, but didn’t know it was possible or forgot because of the narrow and inconvenient drop window. Empowered by the information NPRI shared, over 400 teachers opted out by submitting written notice and over 400 more left CCEA and weren’t replaced by a union member.

The U.S. is comprised of 24 “right-to-work” states which grant workers a choice whether or not to belong to a union. In the other 26 and Washington, D.C., they don’t have to belong but must still pay the portion of union dues that goes toward collective bargaining and other non-political union-related activities. The dissenters who select this “agency fee” option typically do so because they don’t like that about one-third of their dues goes for political spending. Even though over 40 percent of union households vote Republican, over 90 percent of union largess goes to Democrats and liberal causes. (There is an exemption for religious objectors; if an employee is successful in attaining that status, they don’t have to pay any money to the union, but must donate a full dues share to an approved charity.)

As president of the California Teachers Empowerment Network, I am well aware of teachers’ frustrations. We have been providing information to educators about their rights since 2006, and thousands have exercised their right to resign from their teachers union in the Golden State. It is important to note that different unions in different states have specific opt-out periods during which a worker can exercise their right to leave. In many states, one not only has to resign, but also must ask for a rebate of the political portion of their dues every year during a specified – and frequently very narrow – window of time.

To be clear, NEFW is not about denying anyone the right to belong to a union, but rather about letting employees know their options and providing them with facts that they can use to make an informed decision. Unions are threatened when workers choose to opt out, and typically accuse dissidents of being “free riders” or freeloaders. But, if employees don’t want the services that the union has to offer, they have no choice but to accept them because the union demands exclusivity. As I wrote recently, quoting Heritage Foundation’s James Sherk,

Unions object that right-to-work is actually “right-to-freeload.” The AFL-CIO argues “unions are forced by law to protect all workers, even those who don’t contribute financially toward the expenses incurred by providing those protections.” They contend they should not have to represent workers who do not pay their “fair share.”

It is a compelling argument, but untrue. The National Labor Relations Act does not mandate unions exclusively represent all employees, but permits them to electively do so. (Emphasis added.) Under the Act, unions can also negotiate “members-only” contracts that only cover dues-paying members. They do not have to represent other employees.

The Supreme Court has ruled repeatedly on this point. As Justice William Brennan wrote in Retail Clerks v. Lion Dry Goods, the Act’s coverage “is not limited to labor organizations which are entitled to recognition as exclusive bargaining agents of employees … ‘Members only’ contracts have long been recognized.”

As Sherk says, while unions don’t have to represent all employees, they do so voluntarily to eliminate any competition. So instead of “free rider,” a better term would be “forced rider.” Teacher union watchdog Mike Antonucci explains,

The very first thing any new union wants is exclusivity. No other unions are allowed to negotiate on behalf of people in the bargaining unit. Unit members cannot hire their own agent, nor can they represent themselves. Making people pay for services they neither asked for nor want is a “privilege” we reserve for government, not for private organizations. Unions are freeloading on those additional dues.

One final thought: If unions are so beneficial for workers – as they keep telling us – why must they force people to pay for their service?

I never have received a response to that question. Maybe because there is no good answer. Something for all of us to ponder during National Employee Freedom Week.

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.

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If unions do so much for their members, then why bully?

larrysand1

Cross-posted from EAGNews.

by Larry Sand from UnionWatch

LOS ANGELES – The Michigan Education Association had its apple cart turned upside down when the Wolverine State went “right-to-work” in December.

This means that, unlike California and 25 other states, a worker doesn’t have to pay union dues as a condition of employment.

My introduction to union coercion came in 2005, when, as a middle school teacher in Los Angeles, I joined the Prop. 75 campaign. That initiative would have prohibited public employee labor organizations from collecting the part of union dues which goes for politics without prior consent of the employee. Sensing a disruption in their forced dues gravy train, the California Teachers Association went into overdrive. It raised union dues on its members for a three-year period and mortgaged their offices in Sacramento, then used the millions they accumulated to scare teachers and the public – ominously warning them of imaginary horrors that would be visited on them if the proposition passed.

Teachers unions are forever telling its members how much the union does for them in the way of wages, job benefits, etc. You would think that an organization that does so much for its members wouldn’t have to resort to bullying to keep them in the fold. But the unions know that without forcing the issue, many teachers would just say, “No.” For instance, in Wisconsin, after Act 10 came into law allowing teachers to quit their union, about 30 percent have already quit with more to follow this June when their contracts expire.

Also, typically unspoken in the unions’ talking points is the fact that while union members in forced union states may make more than their counterparts in RTW states, the costs of goods and services are far lower in these states, the result being a net gain for the employee. The unions also don’t tell you that workers are flocking to RTW states, which have a lower unemployment rate than in states that are dominated by unions.

In Michigan, a skittish MEA is doing what it can to intimidate teachers. First, they are scrambling to get new contracts for teachers all over the state before March when the new RTW law takes effect. Also, MEA boss Steve Cook issued a threat that any teacher who decides to bail in March will be sued. According to a Wall Street Journal editorial,

“Members who indicate they wish to resign membership in March, or whenever, will be told they can only do so in August,” Mr. Cook writes in the three-page memo obtained by the West Michigan Policy Forum. “We will use any legal means at our disposal to collect the dues owed under signed membership forms from any members who withhold dues prior to terminating their membership in August for the following fiscal year.”

Got that, comrade?

If nothing else, recent events have shown without a shred of doubt, the union is about maintaining its power and collecting every last penny they claim is owed to them. All the lofty talk about the children is just so much camouflage for their real agenda – accumulating money and power.

Another expression bandied about by the unions is the term “free rider.” They try to gain sympathy by suggesting that those in RTW states who don’t voluntarily join are getting something valuable for free. This specious argument really needs to be countered. Many teachers would happily say, “I don’t want any part of the union and the perks it may get me. I think I have a valuable service to offer and want to negotiate my own contract.” Seems reasonable, right? Well, that decision is not up to the teacher. As Heritage Foundation’s James Sherk points out,

Unions object that right-to-work is actually “right-to-freeload.” The AFL-CIO argues “unions are forced by law to protect all workers, even those who don’t contribute financially toward the expenses incurred by providing those protections.” They contend they should not have to represent workers who do not pay their “fair share.”

It is a compelling argument, but untrue. The National Labor Relations Act does not mandate unions exclusively represent all employees, but permits them to electively do so. Under the Act, unions can also negotiate “members-only” contracts that only cover dues-paying members. They do not have to represent other employees.

Teacher union watchdog Mike Antonucci adds,

The very first thing any new union wants is exclusivity. No other unions are allowed to negotiate on behalf of people in the bargaining unit. Unit members cannot hire their own agent, nor can they represent themselves.

So those deemed free riders by the unions are really forced riders.

Having seen the union’s lies and intimidating ways up close and personal, I am hardly surprised at MEA’s hardball tactics. But it seems that the voters in states like Michigan and Wisconsin have awakened, perhaps signaling that worker freedom just may be the wave of the future.

Larry Sand, a retired teacher who taught in Los Angeles and NYC public schools for 28 years, is the president of the California Teachers Empowerment Network. This post originally appeared as a guest column in the Orange County Register and is republished here with permission from the author.

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