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The World’s Largest Oligarchical Organization

The WikiLeaks document dump exposes NEA’s manipulation of its purported democratic process.

The WikiLeaks email release, unmasking the Hillary Clinton campaign, has become a daily ritual. A treasure trove of communiqués has exposed Hillary to be just about everything that the right (and even many on the left) has said she is. The emails from hatchet man John Podesta, who goes by the title “campaign chairman,” uncover the double dealing and lies orchestrated by the Clinton camp. (Memo to Podesta: Was referring to Bernie Sanders as a “doofus” for his extremist position on climate change really necessary? Sheesh!! But kudos for not following up on the DNC suggestion to smear Sanders’ Jewish background. Too bad you and your cronies chose to slime Catholics, though. )

Lost in the daily email disclosures have been revelations that the National Education Association manipulated the endorsement process to ensure that Hillary was the union’s candidate of choice for president. As reported by Mike Antonucci, on June 13, 2015, four days after Clinton announced her candidacy, her director of labor outreach, Nikki Budzinski, sent a memo to other campaign officials discussing possible strategies for the upcoming NEA Representative Assembly (RA), set for the following month in Florida.

“They are sincerely doing their best to manage the activists at the RA. It only takes 50 signatures to raise a resolution on the floor and I have been warned about a Northeastern Sanders contingent. I think it would be good to be organized on our own behalf with a few key folks in the room (NH and IA leaders) in case anything comes up. I am a little nervous about this event. That said, their steps are moving toward a (sic) October 2nd/3rd endorsement all going to plan.”

NEA had not taken any formal steps to determine who its rank-and-file actually preferred for the Democratic nomination, but it’s no secret that there were many in the union who favored Sanders over Clinton, citing the socialist’s “opposition to charter schools, support for collective bargaining rights and free tuition at public higher education institutions.”

Then on June 19th, Budzinski warned colleagues of an impending endorsement of Bernie Sanders by NEA’s Vermont affiliate. That set off alarm bells and the manipulation machine was set in motion, which Antonucci meticulously details here.

Three months later, on Sept. 29th, an email sent by Podesta to Clinton explained that “despite the intense work” of NEA President Lily Eskelsen García and Executive Director John Stocks, there was no certainty that Clinton would receive enough votes from the union’s board necessary for the endorsement. As reported by Politico, Clinton met with them behind closed doors on Oct. 1st, a meeting coordinated by Podesta and Stocks that was deemed “critical” for the endorsement. The NEA also had a safety net in place that weekend: “They will not call the vote unless they are certain that they will hit the threshold,” Podesta wrote.

And later that same day, the announcement was made that Clinton was anointed, garnering 82 percent of the vote. In response, NEA president Eskelsen García continued the dog-and-pony show gushing, “It was truly what democracy looks like.

In Chicago, maybe.

Clearly complaints by Sanders and his followers in the union that he was being treated unfairly were justified. Ironically, NEA still refers to its legislative and policymaking body as “The World’s Largest Democratic Deliberative Assembly.”

Any teacher who is troubled by the NEA’s politics and/or its backroom dealing has virtually no options. It’s true that in non-right-to-work states, teachers can refuse to pay for union politicking but they must still fork over about two-thirds a full dues share to the union.

Can teachers join a different union? No. Throughout virtually the entire country, they are stuck with the monopoly bargaining unit that they had no role in electing.

Can you imagine being forced to use the same legal firm that your grandmother did? Nuts, right? But not in Big Labor Land. Most teachers unions were certified 30-50 years ago. As The Heritage Foundation’s labor economics expert James Sherk points out, just 1 percent of current teachers in the largest school districts in Florida were on the job in 1975 when the first and only union election process took place. The other states that Sherk studied have similar statistics.

Union democracy? Oxymoron.

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 and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

The Friedrichs Free Rider Fraud

The Supreme Court’s decision to hear the Friedrichs case has the unions in a tizzy.

On June 30th, the Supreme Court decided to hear Friedrichs v. California Teachers Association et al, a case that could seriously change the way the public employee unions (PEUs) do business. If the plaintiffs are victorious, teachers, nurses, sanitation workers, etc. would be able to work without the financial burden of paying union dues. The responses to the Court’s decision from the teachers unions and their friends have ranged from silly to contradictory to blatantly dishonest.

In a rare event, leaders of the NEA, AFT, CTA, AFSCME and SEIU released a joint statement explaining that worker freedom would be a catastrophe for the Republic. Clutching their hankies, they told us that, “big corporations and the wealthy few are rewriting the rules in their favor, knocking American families and our entire economy off-balance.” And then, with an obvious attempt at eliciting a gasp, “…the Supreme Court has chosen to take a case that threatens the fundamental promise of America.” (Perhaps the labor bosses misunderstood the wording of the preamble to the Constitution, “In order to form a more perfect union….” No, this was not an attempt to organize workers.) While the U.S. is not without its problems, removing forced unionism will hardly dent the “fundamental promise of America.”

The California Federation of Teachers, which typically is at the forefront of any class warfare sorties, didn’t disappoint. The union claims on its website that the activity of union foes “has resulted in a sharp decline in median wages for working people and the decline of the middle class alongside the increasing concentration of income and wealth in the hands of the one per cent.” But wait a minute – the unions are the most potent political force in the country today and have been for a while. According to Open Secrets, between 1989-2014, the much maligned one-percenter Koch Brothers ranked 59th in political donations behind 18 different unions. The National Education Association was #4 at $53,594,488 and the American Federation of Teachers was 12th at $36,713,325, while the Kochs spent a measly $18,083,948 during that time period. Also, as Mike Antonucci reports, the two national teachers unions, NEA and AFT, spend more on politics than AT&T, Goldman Sachs, Wal-Mart, Microsoft, General Electric, Chevron, Pfizer, Morgan Stanley, Lockheed Martin, FedEx, Boeing, Merrill Lynch, Exxon Mobil, Lehman Brothers, and the Walt Disney Corporation, combined.”

So the question to the unions becomes, “With your extraordinary political clout and assertion that working people’s wages and membership in the middle class are declining, just what good have you done?”

Apparently very little. In fact, the National Institute for Labor Relations Research reports that when disposable personal income – personal income minus taxes – is adjusted for differences in living costs, the seven states with the lowest incomes per capita (Alaska, California, Hawaii, Maine, Oregon, Vermont, and West Virginia) are forced-union states. “Of the nine states with the highest cost of living-adjusted disposable incomes in 2011, Iowa, Kansas, Nebraska, North Dakota, South Dakota, Texas, Virginia and Wyoming all have Right to Work laws.” Overall, the cost of living-adjusted disposable income per capita for Right to Work states in 2011 “was more than $36,800, or roughly $2200 higher than the average for forced-unionism states.”

But the most galling and downright fraudulent union allegations about Friedrichs concern the “free rider” issue. If the case is successful, public employees will have a choice whether or not they have to pay dues to a union as a condition of employment. (There are 25 states where workers now have this choice, but in the other 25 they are forced to pay to play.) The unions claim that since they are forced to represent all workers, that those who don’t pay their “fair share” are “freeloaders” or “free riders.” The unions would have a point if someone was sticking a gun to their collective heads and said, “Like it or not, you must represent all workers.” But as I wrote recently, the forced representation claim is a big fat lie. Heritage Foundation senior policy analyst James Sherk explains,

The National Labor Relations Act (NLRA) allows unions that demonstrate majority support to negotiate as exclusive representatives. If they do so they must negotiate fairly on behalf of all employees, including those who do not pay dues. However unions may disavow (or not obtain) exclusive representative status and negotiate only for their members. Nothing in the National Labor Relations Act forces exclusive representation on unwilling unions. (Emphasis added.)

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. 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.

If there are still any doubters, George Meany, the first president of the AFL-CIO, whose rein began in 1955 and continued for 24 years, told Congress,

When a union has exclusive recognition with a federal activity or agency, that union is required to represent all workers in that unit, whether or not those workers are members of the union. We do not contest this requirement. We support it for federal service, just as we support it in private industry labor-management relations.

While the NLRA applies only to private employee unions, the same types of rules invariably govern PEUs. Passed in 1976, California’s Rodda Act allows for exclusive representation and it’s up to each school district and its local union whether or not they want to roll that way. However, it is clearly in the best interest of the union to be the only representative for teachers because it then gets to collect dues from every teacher in the district. It’s also easier on school boards as they only have to deal with one bargaining entity. So it is really a corrupt bargain; there is no law foisting exclusivity on any teachers union in the state.

So exclusive representation is good for the unions and simplifies life for the school boards, but very bad for teachers who want nothing to do with organized labor. It is also important to keep in mind that the Friedrichs case is not an attempt to “bust unions.” This silly mantra is a diversionary tactic; the case in no way suggests a desire to do away with unions. So when organized labor besieges us with histrionics about “the promise of America,” the dying middle class, free riders etc., please remind them (with a nod to President Obama), “If you like your union, you can keep your union.” In this case, it’s the truth.

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 and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Jejune in April

NEA rolls out its plan for what to do in case its worst nightmare – worker freedom – comes to pass.

Last July, the California Teachers Association released “Not if, but when: Living in a world without Fair Share,” a 23-page PowerPoint presentation unearthed by Mike Antonucci. The document revealed that teacher union honchos in the Golden State are expecting that pending litigation may very well put an end to mandatory union dues, and they’re exhorting local labor leaders to rise to the challenge.

Just last week, Antonucci “declassified” a similar document, this one coming courtesy of CTA’s parent, the National Education Association. Whereas CTA’s dispatch was downright perky – easy-to-read history, timeline and suggestions – its NEA counterpart (actually put together in April of 2014, three months before CTA’s version) is a snooze of Van Winklean proportions. Its 23 pages are packed solid with endless lists, boring bullet points and useless information. Perhaps a warning should have been posted: “Do not read before driving or operating heavy machinery.”

And while the CTA version took a few obligatory swipes at conservatives (what would a union missive be without them?), NEA devoted almost an entire page to its #2 bogeyman – the American Legislative Exchange Council (ALEC). Interestingly, the graphic the union uses for the think-tank includes descriptors like limited government, free markets, and federalism – all of which suggest that ALEC believes in the Constitution. NEA clearly has other ideas on the nation’s governance. (The memorandum’s exclusion of union enemy #1, the Koch Brothers, is inexplicable.)

And then there are the factual errors in the document, perhaps the most glaring of which is in the introduction. It reads,

Fair Share is a commonsense way to protect equity, individual rights, and the pocketbooks of educators. Also known as Agency Fee, Fair Share provisions ensure that all educators contribute to the legally required representation and negotiated benefits provided to them by local associations. Fair Share does not force individuals to join the Association. It simply makes sure that all educators contribute to the negotiated benefits and legally required representation that they all enjoy. (Emphasis added.)

NEA and other unions repeat this lie so often that it’s commonly accepted as fact. But it’s not truthful at all, and the unions know it. As Heritage Foundation senior policy analyst James Sherk points out,

The National Labor Relations Act (NLRA) allows unions that demonstrate majority support to negotiate as exclusive representatives. If they do so they must negotiate fairly on behalf of all employees, including those who do not pay dues. However unions may disavow (or not obtain) exclusive representative status and negotiate only for their members. Nothing in the National Labor Relations Act forces exclusive representation on unwilling unions. (Emphasis added.)

In other words, if unions don’t want to represent non-members they are not required to do so. But they invariably insist on providing benefits to all.

The document contains another lie that NEA and other unions like to perpetuate.

The poorest states in the US are those in which unions don’t have many members or much power. These are called “Right to Work” states, but what that phrase really means is that workers there have no rights and work for less.

But as I have written before, right-to-work states are actually much stronger economically than their forced-dues counterparts. The Illinois Policy Institute’s Paul Kersey reports that:

  • From 2002 to 2012, states with right-to-work laws saw a 7.2 percent increase in payroll employment, compared to a 2 percent increase in other states.
  • As of September 2014, right-to-work states had an average unemployment rate of 5.5 percent, compared to 6 percent in non-right-to-work states.
  • From 2000 to 2010, right-to-work states saw population growth that was twice as fast as that in other states (13.6 percent compared to 7.3 percent).
  • Median wages in right-to-work states appear $4,345 lower than in other states. However, once you take into account cost of living and local taxes, right-to-work state wages rise. In fact, the cost of living is 16.6 percent higher in states without right-to-work laws.
  • Right-to-work economies grew by 62 percent from 2002 to 2012, compared to just 46.5 percent growth in other states.

With its professed dedication to teachers’ best interests, there is also an omission that needs to be addressed. Typically when teachers join a union, they are forced to join three – the local, a national union and its state affiliate. However, there are teachers who enjoy the perks they get from their local but feel no need to send most of their dues money to the state and national entities which suck up about 80 percent (over $800) of a teacher’s total dues payment. If your politics are on the right, or you are a centrist or maybe not political at all, do you really want hundreds of your dues-dollars going to the leftist causes that the state and national unions regularly support? It is possible to form a “local only” teachers union, but only after engaging a lawyer and going through a laborious disaffiliation process. And NEA, far more interested in its bottom line than its teachers, has no mention of this option in its document.

Beyond the errors of omission and commission, there is not much else to comment on. It can be summed up as, “Tell people why they should join the union.” “Go after the younger workers.” “Engage non-members.” “Develop an app.” Tired tactics. Fallacious arguments. Same old, same old.

Zzzzzzzzz.

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 and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

“Scott Walker Fails the Test of Common Decency”

… or at least that’s what protection racket leader Randi Weingarten wants us to believe.

My goodness! From the response in certain quarters, you would think that Wisconsin governor Scott Walker breached national security – and then maybe tried to lie his way out of it! But no. All he did last week was sign off on right-to-work (RTW) legislation that lets workers in the Badger State choose whether or not they want to join and pay dues to a union as a condition of employment..

That’s it. Nothing more. Unions are not outlawed. Union members don’t have to ride on the back of the bus. Unions – heaven forbid – still don’t have to pay a penny in income tax. All they have to do is compete for members just like every other privately run organization in the country. If you buy a gun, you are not forced to pay money to the NRA. If you take out a book from the library, you don’t have to pay tribute to the American Library Association. So why in God’s name should a worker be forced to pay a union in order to be employed in certain fields?

I really can’t answer that question, and after reading condemnations from all the usual suspects, I’m still clueless. American Federation of Teachers president Randi Weingarten came out with a press release after the Wisconsin right-to-work law was passed that transcended hysteria. In addition to claiming that Walker fails “the test of common decency,” she lectured,

By his actions and statements, Walker has revealed that his plan to win the Republican nomination is a willingness to say and do anything to attack and tear down workers.

If you want a strong middle class, then you can’t take out the unions that built it. If you want higher wages, then workers need a voice.

The workers of Wisconsin are resilient. They will continue to fight back and wait until they have a governor who will work with them, not work to break them.

Again, no workers are being attacked and torn down. No one is refusing them their union. No one is trying to break them. (A few cynical types, but not me of course, have suggested that the real reason Weingarten is upset is because fewer union members would result in less money for the union. And a lower membership rate could mean that her $543,679 income, well within the top one percent, is in jeopardy.)

Other responses to Walker have been just as over-the-top. Marc Perrone, president of the 1.3 million strong United Food and Commercial Workers International Union, weighed in.

The truth is by standing against hard-working families, Gov. Scott Walker should be ashamed, but we know he is not. He has chosen to pursue a radical agenda that willingly ignores that this law will devastate countless workers and their families. Make no mistake, this law gives irresponsible corporations, let alone politicians, the right to exploit and mistreat countless men and women all across Wisconsin.

This barely coherent statement is pathetic, as is the notion that countless men and women are now going to be “mistreated.” In fact, since Michigan went RTW, the reverse is true. There, in less than two years of worker freedom, employment has grown 3.3 percent and earnings have increased 5.4 percent, both above the national average.

Even President Obama put on his pity-party pajamas and intoned,

… it’s inexcusable that, over the past several years … there’s been a sustained, coordinated assault on unions, led by powerful interests and their allies in government.

So even as its governor claims victory over working Americans, I’d encourage him to try and score a victory for working Americans — by taking meaningful action to raise their wages and offer them the security of paid leave.

That’s how you give hard working middle-class families a fair shot in the new economy — not by stripping their rights in the workplace, but by offering them all the tools they need to get ahead.

Perhaps the president would be advised to examine the facts instead of engaging in demagoguery. James Sherk, senior policy analyst in labor economics at the Heritage Foundation, recently pointed out that in addition to protecting a worker’s freedom, right-to-work laws attract new businesses and jobs (unionized firms were 10 percent more likely to go out of business within seven years). Also, if a business is going to relocate, RTW laws are a major selling point. Also as I wrote last month, the Illinois Policy Institute’s Paul Kersey reports that RTW states are much stronger economically than their forced-dues counterparts:

  • From 2002 to 2012, states with right-to-work laws saw a 7.2 percent increase in payroll employment, compared to a 2 percent increase in other states.
  • As of September 2014, right-to-work states had an average unemployment rate of 5.5 percent, compared to 6 percent in non-right-to-work states.
  • From 2000 to 2010, right-to-work states saw population growth that was twice as fast as that in other states (13.6 percent compared to 7.3 percent).
  • Median wages in right-to-work states appear $4,345 lower than in other states. However, once you take into account cost of living and local taxes, right-to-work state wages rise. In fact, the cost of living is 16.6 percent higher in states without right-to-work laws.
  • Right-to-work economies grew by 62 percent from 2002 to 2012, compared to just 46.5 percent growth in other states.

And for those who insist that this is a “big business vs. the little guy” battle, a recent Gallup Poll found that 71 percent of Americans favor RTW laws with just 22 percent opposing. Gallup also found that 82 percent agree that “no American should be required to join any private organization, like a labor union, against his will.”

Again – and this cannot be stressed enough – RTW legislation is not about outlawing unions, but rather freeing employees from a burden they never bargained for. Scott Manley, vice president of government relations for Wisconsin Manufacturers & Commerce, put it best. “If you don’t support right-to-work, you support the proposition that workers should be fired if they don’t pay dues to a union,” he said.

Without RTW, workers have to pay up or else. When the Mafia engaged in this kind of activity, it was called a protection or extortion racket. Unions try to sanitize their operation by claiming that workers are paying their “fair share.” But in fact, it’s nothing more than a shakedown, and I congratulate Scott Walker and his legislature for liberating workers and enabling Wisconsin to become the 25th RTW state. We are officially half-way there.

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 and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Union Strategy to Join Progressives & Environmentalists Will Backfire

Over the Labor Day holiday, Big Labor once again demonstrated how desperate it is to rebuild its diminishing membership rolls. Despite the fact the tactics they have been utilizing for the last 20 years are not working, they keep on using them. As Albert Einstein once said, “Insanity: doing the same thing over and over again and expecting different results.” The union membership results speak for themselves as presented in a recent article by James Sherk of the Heritage Foundation:

Union Membership Dropped By 398,000 In 2012, Leaving Membership At Post-WWII Low Of 11.3 Percent:

“While employers added almost 2 million net new jobs in 2012, unions lost 398,000 members … Union density in the American workplace fell to another new post–world war ii low of 11.3 percent in 2012. Union Manufacturing Employment Fell 4.7 Percent From 2010 To 2012, While During Same Period Non-Union Manufacturing Employment Grew By 6.5 Percent.”

“On net, however, all of that hiring took place in non-union firms.  Between 2010 and 2012, non-union manufacturing employment expanded by 6.5 percent.  At the same time, unionized manufacturing employment continued to fall, dropping another 4.7 percent.”

(James Sherk, “Labor Unions: Declining Membership Shows Labor Laws Need Modernizing,” The Heritage Foundation, 1/23/13)

One would think by now some type of lesson would have been learned and Big Labor would change its strategy. However, despite the declining membership numbers and paltry organization results, Big Labor continues to utilize its “outdated” Corporate Campaign tactics of intimidation and coercion to attain its goals, as described in The Devil at Our Doorstep. It also continues to rely on a phony President and the Rogue NLRB to hand it Card Check through Regulation vs. Legislation. Additionally, when the Corporate Campaign tactics fail, and they face actual ‘Secret Ballot Elections,” Big Labor resorts to intimidation and bribery to win these said elections, further eroding its credibility in the eyes of the working public.

Despite the blaring membership facts, Big Labor returned to these obsolete tactics over the Labor Day holiday. The infamous SEIU attempted to orchestrate a national “Fight for Fifteen” campaign, a disguised Living Wage Argument against fast food restaurants and other companies in the retail/service business with minimal success. Additionally, is the SEIU is in the midst of a Worker Center Scheme, attempting to bypass the National Labor Relations Act as discussed in  Promises, Promises: Desperate Unions Grow Weary of Phony Distractions.

Meanwhile the AFL-CIO teamed up with the Interfaith Workers Justice group out of Chicago, and whose tactics are immortalized in both of my books (see Proselytizing for Unions: AFL-CIO Announces Holiday ‘Labor and Faith’ Services). They are “immortalized” because one of its own clergy members readThe Devil at My Doorstep, met with me, apologized and wrote a letter of recommendation for me and my company which is featured in the new book. Obviously the association between the AFL-CIO and Interfaith Workers Justice and its holiday “Labor from the Pulpit” tactic has not worked, as few churches outside of Chicago and Boston have joined the program. Additionally, very little has been mentioned in the mainstream media, which is undeniably pro-union, pro-left wing and supported by George Soros.

If Big Labor bosses were running corporations where they were held accountable to investors and banks, they would be thrown out on their ears. However, the rank and file membership in unions do not have that type leverage or power. They have to put up with the continued lack of attention to membership needs as well as Underfunded Pensions and health care programs while the Big Labor bosses continue to use membership dues for failing membership campaigns and political foolishness.

2009 Moody’s Report Found That, Based On Examination Of 125 Multi-employer Plans, Their Asset-To-Liability Level Had Declined From 77 Percent To 56 Percent:

“In 2009, Moody’s came out with a report based on about 125 multi-employer plans, and concluded that their overall asset-to-liability level declined from an already disturbing 77 percent in 2007 to 56 percent in 2008, the year of the stock market collapse.  Of the roughly dozen affiliates of the Carpenters union, only one even exceeded 70 percent.  Construction industry plans were only about 60 percent funded.  Transportation industry plans, typically sponsored by the Teamsters or the Machinists, averaged slightly below 60 percent.” (Carl Horowitz, “New Reports Show Severe Shortfalls In Multi-employer Union Pensions,” National Legal And Policy Center, 7/2/13) At The Same Time, Unions Bosses Spent Billions On Lobbying & Politics. GAO Concluded That By 2017 Union Pension Fund Insolvencies Would More Than Double.

When will the Big Labor Gasping Dinosaurs realize their organizations will collapse (see The Labor Movement in Full Collapse) unless they learn to compete with integrity and honesty in the free market system? When will they start treating their members like today’s successful businesses treat their employees? They may not be as “big” as they once were, or enjoy the financial and political clout they now attempt to possess, but they would be creating meaningful support and services for current members and potentially those who work for businesses that have employees who might benefit from being unionized. If they would only give up their thirst for power and control they could be instrumental in revitalizing the work place and ultimately Restoring America’s Prosperity. Until Big Labor eliminates senseless campaigns, like those utilized this Labor Day holiday, union members will continue to vote with their feet.

David A. Bego is the President and CEO of EMS, an industry leader in the field of environmental workplace maintenance, employing nearly 5000 workers in thirty-three states. Bego is the author of “The Devil at My Doorstep,” as well as the just released sequel, “The Devil at Our Doorstep,” based on his experiences fighting back against one of the most powerful unions in existence today.

Workers of the World, Your Rights!

A week in June is being promoted to advise workers of their right to opt out of union membership.

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.

Unraveling What Happened in Michigan

Now that the dust has settled, there are still some loose ends that need to be addressed in the Wolverine State’s right-to-work battle.

Last Tuesday, Michigan became the nation’s 24th right-to-work state. Much has been written about this and yet there still is much misinformation in circulation – mostly being spread by the unions, of course. And President Obama, an outspoken union supporter, has uttered some mistruths (if unintentional) or lies (if they are not).

What does “right-to-work (RTW)” mean? It simply means that workers don’t have to pay dues to a union as a condition of employment. Many have publicly lamented that collective bargaining in Michigan is going to be imperiled. President Obama jumped on that bandwagon saying,

What we shouldn’t be doing is try to take away your rights to bargain for better wages and working conditions. We don’t want a race to the bottom. Right-to-work laws have nothing to do with economics and they have everything to do with politics. They mean you have the right to work for less money.

No, Mr. Obama, Michigan’s new law – for better or worse – will not affect any union’s right to collectively bargain.

Another erroneous assertion – a long time mantra for organized labor – is that workers who choose not to join unions in RTW states are “freeloaders” or “free riders.” 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. (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.”

Even though, as Sherk says, 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.

…The “freeload” crack is especially ironic coming from MEA (Michigan Education Association), which ran an $11 million budget deficit in 2010-11 and is a cumulative $113 million in the red. In other words, the union has spent millions of dollars in dues it hasn’t collected yet, some of which will be paid by people who might not even be members yet. Who is freeloading?

In any event, it is undeniable that unions are taking it on the chin these days. In 2011, Wisconsin banned collective bargaining for some employees, and earlier this year Indiana became the 23rd RTW state. Michigan union leaders, well aware of the zeitgeist, tried to enshrine collective bargaining into the state constitution in November via Prop. 2. The amendment, however, was solidly defeated – 57 to 43 percent – even though the unions outspent the opposition by a 22:1 factor. (H/T John Seiler.)

What’s next for the unions in Michigan? Undoubtedly more thuggery and distortions, and then there is 2014. Last Tuesday, at a rally outside the building which houses Governor Rick Snyder’s office,

The main battle cry of the anti-right-to-work protesters…had a common theme: wait for 2014. Many of the GOP seats, including Snyder’s, will be up for grabs during the midterm elections. Rather than attempt to recall Republicans, as Wisconsin Democrats tried and failed to do to Gov. Scott Walker, the Michigan unions are set to mobilize behind Democrats and pro-union Republicans in two years.

But will the people of Michigan be taken in by the unions’ demagoguery? Organized labor is blaming their loss on everyone but themselves – the Koch Brothers, right wing legislators, the Tea Party et al. But as Kim Strassel in the Wall Street Journal points out,

The unions lost in Michigan—as they’ve lost elsewhere—because they and their White House compatriots have forced the issue, and in the process forced Americans to take a side. And what we’ve discovered is that when the choice is between more freedom for workers, more choice for parents and more tax dollars for vital services or, on the other side, more coercive powers for a special interest—well, that isn’t such a hard choice after all.

When all is said and done, it is instructive to examine why RTW is a good thing. First, despite Mr. Obama’s insistence to the contrary, RTW laws do indeed have a great deal to do with economics: they are beneficial.

According to the West Michigan Policy Forum, of the 10 states with the highest rate of personal income growth, eight have right-to-work laws. Those numbers are driving a net migration from forced union states: Between 2000 and 2010, five million people moved to right-to-work states from compulsory union states.

Other policies (such as no income tax) play a role in such migration, so economist Richard Vedder tried to sort out the variables. In the 2010 Cato Journal, he wrote that “without exception” he found “a statistically significant positive relationship” between right to work and net migration.

Mr. Vedder also found a 23% higher rate of per capita income growth in right-to-work states. An analysis by the Taxpayers Protection Alliance finds that Michigan is now the 35th state in overall prosperity measured by per capita income. Had Michigan adopted a right-to-work law in 1977, the group estimates, per capita income for a family of four would have been $13,556 higher by 2008. (Emphasis added.)

And secondly, RTW is a fairness issue for the worker.

… the best case for right to work is moral: the right of an individual to choose. Union chiefs want to coerce workers to join and pay dues that they then funnel to politicians who protect union power. Right to work breaks this cycle of government-aided monopoly union power for the larger economic good.

The question that unionistas can’t seem to come to grips with is this: if the unions are so beneficial, why must they force workers to sign on? The reality is that, given a choice, many workers will just say “no” and the unions will lose money and influence, their real raison d’être. And for the refuseniks, it is an uncoerced step on the road to freedom.

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.