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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.

Fifty States of Right-to-Work?

Elected officials, the courts and John Q. Public are supporting worker freedom these days; teachers unions and other public employee unions are on the run.

Last Monday, Illinois governor Bruce Rauner issued an executive order that, if it stands, will absolve state workers from paying forced dues to a union. As The Wall Street Journal reports, Rauner declared that Illinois’s contracts with public unions “violate the First Amendment by forcing workers to associate with the union against their will.” Rauner instructed all state agencies to keep the workers’ dues in escrow, pending the outcome of a federal court lawsuit that he filed the same day.

Needless to say, the unions and their friends in Springfield aren’t doing cartwheels over his right-to-work (RTW) directive. Even prior to the order, the teachers unions had targeted the recently elected governor. Two weeks ago, Chicago Teachers Union boss Karen Lewis attacked Rauner, accusing him of being (Wisconsin governor) “Scott Walker on steroids.” Also before the announcement, local teacher union lobbyist Matthew Johansson declared that the governor is trying to “destroy us.”

After the announcement, Illinois Education Association president Cinda Klickna said that the attack on “fair share is extremely serious and will be monitored very carefully.” She added, “This attack is clearly intended to weaken the unions that fight for the middle class and for the students who attend our schools. We can’t let that happen.” The Illinois Federation of Teachers referred to the action as a “blatant abuse of power.”

The reality – beyond the union harrumphing and all-around hysteria – is this: In 26 states and D.C., workers are forced to pay unions as a condition of employment. The unions call this “fair share” because they say all workers benefit from their collective bargaining efforts. But if a worker doesn’t want to be part of the collective, he/she still must belong because the union demands monopoly status; a worker is not allowed to bargain on his/her own or hire another party to do so.

Hence RTW is quite simply an individual-rights issue. The workers the unions refer to as “free riders” are really “forced riders.” If you were going from Point A to Point B and wanted to walk, how would you feel if someone told you that you had to take the bus … and, of course, pay for the ride to boot?

Very importantly, not only does RTW liberate workers, it has many other far-reaching benefits. After Michigan became a RTW state in 2012, the West Michigan Policy Forum reported, “… 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.”

Also, in a new economic profile, 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.

Much to the unions’ consternation, the RTW movement is picking up momentum across the country. Politico’s Brian Mahoney reports that legislation has been introduced in New Mexico, Missouri, West Virginia and Kentucky.

The bills have already cleared committee hurdles in New Mexico and Missouri. All but the Missouri bill were introduced by Republicans; in Missouri, the measure was introduced by state Rep. Courtney Curtis, a Democrat and an African-American who would limit right to work to the construction industry to combat what he sees as bias in minority contracting. In Kentucky, right-to-work ordinances have been passed in five counties, though it isn’t clear federal law allows the adoption of right to work anywhere except at the state and territorial level. Legal challenges are already underway.

Additionally, the American people are strong supporters of RTW laws. In a poll conducted right before Labor Day last year, Gallup found that 82 percent of Americans agree that “no American should be required to join any private organization, like a labor union, against his will.” Also, as Mike Antonucci reports, by a 2-1 margin – 64 to 32 percent – “Americans disagree that workers should ‘have to join and pay dues to give the union financial support’ because ‘all workers share the gains won by the labor union.’”

Much of the recent RTW activity has been undoubtedly spurred by the June 2014 Harris v Quinn Supreme Court decision, in which SCOTUS agreed with the National Right to Work Legal Defense Foundation, ruling that homecare workers in Illinois could not be forced to join the Service Employees International Union.

And in the legal on-deck circle is Friedrichs et al v CTA, which is on a path to reach SCOTUS within a few months. This litigation has ten teachers and the Christian Educators Association International – a union alternative – taking on the California Teachers Association with a lawsuit aimed squarely at California’s “agency-shop” law, which forces teachers to pay dues for collective bargaining activities. The Center for Individual Rights is representing the teachers, with help from Jones Day, an international law firm.

So, let’s see – RTW is gaining favor in state houses, the courts and with the citizenry. And please keep in mind, no one is talking about outlawing unions; RTW is simply about making them voluntary associations, just like every other organization in the U.S. Really nothing controversial, unless you are a wolf that preys on workers … all the while pretending to be a shepherd.

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.