California teacher's Supreme Court case may determine future of public employee unions

[Starry Messenger]

If this goes nationwide, it will probably reduce organized labor to single digit percentages.

http://www.latimes.com/nation/la-na-supreme-court-teachers-unions-california-20150630-story.html

The case is likely to be seen as crucial test of public employee unions, which have under political attack in several Republican-led states. The outcome may well have a political impact as well, because these unions have been reliable supporters of the Democratic Party.

The Center for Individual Rights, a small conservative group in Washington, wanted to bring the issue before the high court as soon as possible. The group funded the lawsuit, which alleges that forcing Friedrichs and other teachers to fund their union is a type of unconstitutional compelled speech.

<snip>

Earlier this year, the Center for Individual Rights filed an appeal urging the justices to overrule that high-court precedent and strike down what it called the "multi-hundred-million dollar regime of compelled speech."

“This case is about the right of individuals to decide for themselves whether to join and pay dues to an organization that purports to speak on their behalf. We are seeking the end of compulsory union dues across the nation on the basis of the free-speech rights guaranteed by the 1st Amendment,” Terry Pell, the group’s president, said Tuesday.

[mike_c]

1. this only makes any kind of sense if they also repeal the duty of fair representation....

Agency fees are paid for fair representation. Non fee paying nonmembers should be on their own to negotiate their individual terms and conditions of work with management's anti-labor lawyers. Union contract provisions should not apply to nonmembers who don't pay for representation. Let's see how fast they join when collective bargaining agreements turn out way better than the individual contracts they can obtain by swimming with the sharks themselves.

[Starry Messenger]

3. I am starting to agree.

Before I used to squishily want to keep everyone together and hope non-members would come around, but seeing that it has come to this, and the anti-union people in unions seem perfectly happy with it, yes, they should get out of our boat.

[mike_c]

5. I lost patience a long time ago....

These freeloaders want all the benefits of good union jobs, without having to support the union that obtains those benefits for them.

[Starry Messenger]

6. I had an eye-opening experience this spring

organizing down in Orange county. Hostile adjuncts saying they'd pay to get out of the union?? Who are these people? It's like self-loathing.

[PETRUS]

8. I have worries about that.

What's to stop employers from be at least as generous with non-union workers long enough to erode support and get the union decertified? I tend to side with people who frame this as a freedom of contract issue. The standard response to someone objecting to an employer's conditions is to go look for work somewhere else. I don't see why that shouldn't apply to conditions negotiated by employees, too. I.e., if you don't want to join a union, find work in a non-union shop.

[Starry Messenger]

9. That's a definite concern too.

I think my own field would be too tightfisted to try that kind of head fake, but I could be wrong. With public sector employees our one advantage is knowing that our bosses aren't sitting on billions of reserves. But they might decide to be wily.

[MichMan]

7. Dont think they can?

From my understanding, there is a labor law giving unions exclusive bargaining rights upon being recognized as a bargaining unit. Under this law, they are forced to represent all and even if you want to bargain alone you are prohibited from doing so. It would need to be repealed.

This law also prevents rival unions from coming in and poaching members by promising lower dues etc.

[upaloopa]

2. If they don't want to join the union they should

bargain directly with the employer when they are hired. If the pay scale and benefits are less, tough shit.

[Starry Messenger]

4. Sadly, we are still compelled at this time to represent them.

I wonder if that will change if this case succeeds.