Posts

NEA’s and Hillary’s Bully Folly

The Taxpayer as Bagman

In California, the citizenry pays for the collection of dues for public employee unions.

As just about every teacher in California will tell you, union dues are deducted by the local school district from their monthly paycheck just as federal and state withholding taxes are. Then the school district turns the money over to the local teachers union. And we all get to pay for this service. Yup, the teachers union, a private organization, doesn’t pay a penny for the transactions. In fact, payroll deduction is de rigeur for all public employee unions. But not all states suck up to organized labor like California.

Other states like North Carolina and Alabama have already passed legislation prohibiting paycheck deductions. Most notably, new right-to-work states Wisconsin and Michigan have followed suit. Most recently, Oklahoma just passed a law that makes the unions responsible for collecting their own dues. HB 1749 stipulates that it “shall be unlawful for any state agency to make payroll deductions on behalf of a state employee for membership dues in any public employee association or organization or professional organization that on or after November 1, 2015, collectively bargains on behalf of its membership pursuant to any provision of federal law.”

Last week, the Pennsylvania State Senate passed a partial measure. This bill, should it become law, would prohibit public sector unions from using employee paycheck deductions to fund certain political activities. In fact, a similar tack has been tried several times in California. In 2005, Prop 75 would have allowed automatic deductions for the political portion of public employees’ union dues only if the worker gave their permission to do so. And in 2012 Prop 32, among other things, would have banned “automatic deductions by corporations, unions, and government of employees’ wages to be used for politics.” Both measures failed.

While union bosses love the taxpayer-as-bagman set-up (why wouldn’t they!), not all workers do. Years ago when I was teaching, I asked then UTLA president A.J. Duffy at a union meeting why teachers weren’t responsible for paying their own dues. He responded, “They might forget.” I didn’t respond, but knew that some of my colleagues were thinking what I was thinking. Forget? No. Not choose to pay? Yes. A 2014 poll in Pennsylvania also showed that the rank-and-file and the bosses are not of the same mind. The survey of union households across the state found that “80 percent of union households said taxpayer resources should not be used to collect campaign contributions.” Union leaders, as usual, refuse to deal directly with the issue, but instead set up straw men to attack: “It’s really about keeping control in the hands of corporations,” said Rick Bloomingdale, president of the Pennsylvania AFL-CIO, the state’s largest labor federation with about 900,000 members. Huh? He then went on to explain, “[Legislators] only want to hear from the corporations and billionaires.”

Let’s look at this another way. Say you buy a gun. After the purchase, the government starts deducting money from your paycheck whether you want it to or not and turning the cash over to the National Rifle Association. The NRA claims it is justified in doing so because it says it will advocate for you and provide legal assistance should you need it. The NRA doesn’t pay for the service, and moreover, doesn’t pay a penny in income tax. Reasonable? Hardly.

One glimmer of hope for the Golden State is the Friedrichs v California Teachers Association case. It’s possible that if the U.S. Supreme Court rules for the plaintiffs, one of the by-products could be a legislature more responsive to its constituents instead of CTA, which is by far the most powerful special interest in the state.

But by whatever means, we need to release the taxpayers from their forced bagman status. To paraphrase the late William F. Buckley, it’s time for the unions to collect their own damn dues.

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.

Dear California Teacher

An email sent to educators just 10 years ago opened a lot of eyes – including mine – about the true nature of the teachers unions.

In 2005, after having taught for 24 years, I was becoming quite agitated. All along I had been subsidizing the teachers unions’ political agenda and thought I had no choice in doing so. I then learned that I could opt out of the political portion of union dues, but the process to do so was designed to discourage such actions. Shortly thereafter I read about Prop. 75, a California ballot initiative, which would have done just what I wanted: make the payment of the political portion of union dues voluntary. Teachers and other public employees would have to give the union permission before it deducted several hundred dollars a year from each paycheck to fund its pet political causes. The unions’ largess, supporting many causes which had nothing to do with teaching or education, went almost entirely in a leftward direction – implementing a single-payer health-care system in California, limiting restraints on the government’s power of eminent domain, etc.

In June, 2005, political consultant Steve Frank recruited me to become part of the Prop. 75 campaign. The so-called “Paycheck Protection” initiative was very popular at that time with both teachers and the general public. But over the summer, deeply threatened that their easy access to workers’ money would be cut off, the unions went into overdrive and spent a huge amount of cash, much of it on misleading ads. The California Teachers Association told teachers that if the prop passed, their pensions would be threatened. The police union told their members that if it was successful, the public would learn where the cops lived. Both allegations were big lies, but they were effective in swaying public opinion.

In October, several weeks before the election, Fontana teacher Lillian Perry and I signed off on an email sent to 90,000 teachers by the Prop. 75 campaign. It began,

Dear California Teacher:

We are also California teachers and are writing to you because we’re concerned about what the leaders of our union, the California Teachers Association (CTA), are doing to our union and with our hard earned dollars that we send to them in Sacramento every month.

Here’s the bottom line: Our current leadership is on the verge of bankrupting the CTA to fund a political agenda that many of us do not support.

Every year, union leaders in Sacramento take more than $100 million dollars from California teachers’ paychecks. This is approximately $300 per teacher per year. Much of this is used to fund a political agenda over which individual teachers have little control. Even worse, this is taken from our paychecks without our permission.

Earlier this year, the CTA leadership decided it still didn’t have enough money to spend on politics, so the (they) decided to take an additional $60 each year from our paychecks for the next three years. This forced assessment gave the union leaders an additional $50 million or more of our money for their political agenda.

Then, the spit really hit the fan. To say that CTA was unhappy would be the understatement of the century. The email made news all over the state, and if nothing else, got everyone talking about the prop. The Daily Kos smeared those of us who had stepped forward. CTA boss Barbara Kerr was indignant, saying, “It’s insulting that it was sent to them at their schools.” The union tried to push the matter – even at one point threatening Perry and me with imprisonment for sending our missive to teachers at work which it claimed was illegal. (The bullying didn’t work; we sent two more emails which CTA couldn’t stop because it didn’t have a legal leg to stand on.)

We did get some sympathetic press, though. Deroy Murdock, a media fellow with the Hoover Institution, wrote “The Union of the Snake” for National Review, in which he detailed the ugly bullying tactics used by the union to combat the initiative. As is oh-so-typical, the unions rarely argued the merits of the prop; they simply threatened us, cursed at us and shouted us down. As Murdock reports, when a National Right to Work Foundation lawyer and several of the prop’s advocates held a press conference in Sacramento, some of SEIU’s finest showed up and yelled “Shame on you!!” over and over and over again as the proponents tried to make their case. Murdock also related the tale of Sandra Crandall – a Teacher-of-the-Year – who then was in her 36th year as a Kindergarten teacher in Fountain Valley. In September, Crandall told the Los Angeles Times, “This is a freedom-of-choice issue. The issue is so simple, my Kindergarten children understand it. Ask permission. Ask permission on how to use my hard-earned money.”

Crandall’s simple, fair-minded statement engendered a less-than-charming response from “Four Pro-Union teachers who think you and the governor and the Republican party (sic) stink.” A few highlights:

You are a disgrace in supporting such a measure … You not only deserve to be shunned by your colleagues, you deserve to be bitch slapped in public by all the teachers you work with for demonstrating such a high level of right wing drivel and stupidity. Do us all a favor, shut your mouth and stop providing ammunition to the enemy.

Ah yes, nothing like tolerance and civil discourse!

As Election Day neared, I was mildly optimistic that we’d win. Especially so, after I, along with Lillian Perry, former Mayor Richard Riordan and Deputy Sheriff Lon Jacobs, appeared before the Los Angeles Times editorial board to pitch the initiative. We apparently convinced them of its merits, because on October 16th, much to my delight, the Times officially endorsed Prop. 75.

In the end though, we couldn’t beat the powerful union machine. Fueled by CTA’s $12 million ad buys (paid for, of course, with dues money teachers were forced to fork over), the anti-75 forces outspent us almost 10 to 1 – $54.1 million to $5.8 million and the measure lost by 53.5 to 46.5 percent. Not surprisingly all the big money came from the unions, including a $3.3 million donation from the California Democratic Party – a bought-and-paid-for wing of CTA.

Needless to say, I was furious with the outcome. But it motivated me in 2006 to co-found the California Teachers Empowerment Network, whose mission is to give teachers unbiased information, and combat union spin and outright lies. In 2010, I worked on a similar prop – The Citizens Power Initiative – which unfortunately never made it onto the ballot. And in 2012 I stumped for Prop. 32, yet another initiative promoting worker freedom. It too failed at the polls.

Now – exactly ten years after the rise and fall of Prop. 75 – there are two lawsuits which could accomplish even more than what the failed initiative had tried to achieve. The Friedrichs v CTA case, due to be heard by SCOTUS in 2016, would make paying any dues to a union optional for all public employees nationwide. If Bain v. CTA flies, teachers will be able to opt out of the political portion of their dues without being forced to resign from the union.

Both cases promote teacher freedom and choice at the expense of union bullying and hegemony. It’s about time teachers and other public employees had both.

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.

Checking Out of the Hotel California…Teachers Association

A new document shows that CTA is resigned to the fact that membership in its union will ultimately become voluntary.

Courtesy of Mike Antonucci, we get to peek behind the curtain at an internal California Teachers Association document which has been “declassified.” “Not if, but when: Living in a world without Fair Share…” is a 23-page pdf in which the largest state teachers union in the country envisions the future.

The communiqué  starts off with basic demographic data, then launches into a history of “fair share” – the union’s right to collect dues from every public school teacher in the state whether or not they join the union. In other words, “fair share” is really “forced share.”

Next there is a history of the initiatives that have tried to curtail the unbridled power of CTA including Prop. 75, in which I was an active participant. This 2005 “paycheck protection” initiative would have required public employee union members’ consent to use part of their dues for political contributions. The default position was – and unfortunately still is – that members must pay and have to jump through hoops not to. CTA tells us that proponent spending on the initiative was $5.8 million, while the prop’s opponents spent more than $44 million, with CTA alone providing over $32 million to defeat it. Given that disparity (and the unions’ outright lies about the issue), it’s not hard to see why the measure went down on Election Day.

The CTA document then goes into past and future legal challenges – Harris v Quinn, Friedrichs v CTA et al. Referring to them as attacks, they posit that these cases will lead to the demise of “fair share.”

Resigned to its worst nightmare – teacher freedom – the union is gearing up for what is standard procedure for most successful businesses and interest groups. If teachers think the union has something beneficial to offer, they can join and pay up. If they don’t see any value in belonging the union, they can just say no and not be forced to pay any dues whatsoever. In this vein, the missive has some suggested sales pitches:

CTA Builds the Infrastructure

Member Benefits research with young, prospective members to learn what might incent (sic) them to want to join the Association voluntarily.  

•Assessing their level of interest in terms of present member benefits offerings.

•How the program might be enhanced to reflect their interests.

•Finding messages that resonate with this demographic, and:

•How to package what Association membership offers in a way that appeals to them.

 Note the language: incent(ivize), voluntarily, reflect their interests, messages that resonate, a way that appeals to them. These are typical terms that a business might use to sell their product or service, which is of course very different from the old CTA forced-dues model, which could have been lifted straight out of The Muggers Guide to Fame and Fortune

There’s more about how CTA plans to adapt, and I would urge you to read the entire 23-page presentation; it is most definitely a stunning document.

Former union leader Doug Tuthill seems right at home with the direction that CTA is going.

The two most effective unions in the United States are the National Rifle Association and the AARP. They’re not industrial unions, but they are unions, and they are far more effective politically and financially than today’s teachers unions. Teachers should adopt this model.

Unlike today’s teachers unions, the NRA and AARP do not require their members to be part of a centralized bureaucracy. Their members are united by common values and interests, not by location. An NRA-AARP type teachers union would be able to advocate for teachers working in a variety of settings, including museums, libraries, district schools, virtual schools, art galleries, charter schools, homeschools, tutoring businesses, private schools, YWCAs, and Boys and Girls Clubs. The work setting would be irrelevant, just as where NRA and AARP members work — or where American Bar Association lawyers and American Medical Association doctors work — is irrelevant. (The ABA and AMA are also non-industrial unions.)

Even a current union leader has seen the light. Via National Right to Work Committee’s Stan Greer, we learn that veteran union organizer Gary Casteel, who was recently promoted to secretary-treasurer of the United Auto Workers, favors right-to-work laws:

[T]here’s a school of thought that says it’s not such a great thing to have everyone pay dues whether they want to or not….

This is something I’ve never understood, that people think right to work hurts unions. To me, it helps them. You don’t have to belong if you don’t want to. So if I go to an organizing drive, I can tell these workers, ‘If you don’t like this arrangement, you don’t have to belong.’ Versus, ‘If we get 50 percent of you, then all of you have to belong, whether you like to or not.’ I don’t even like the way that sounds.  Because [Right to Work is] a voluntary system, if you don’t think the system’s earning its keep, then you don’t have to pay.

So it would seem that during National Employee Freedom Week which runs through this Saturday, there is cause for optimism. A recent poll conducted by Google Consumer Surveys found that nearly 29 percent of union members nationwide responded that they were interested in leaving their union if given the opportunity. A similar poll found that nearly 83 percent of the American public believes that union members should have the right to choose.

As such, maybe one day soon we will see that, unlike the Hotel California, union members can check out and leave their union behind.

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.