A California lawsuit against teachers’ unions could have national implications, reports HechingerEd.
Ten non-union teachers and the Christian Educators Association are suing their local, state and national unions, alleging that the organizations are forcing them to pay to support political activities they do not agree with in violation of their first amendment rights.
The plaintiff’s lawyers are attempting to fast-track the case in the California courts by essentially eliminating the discovery phase and then appealing almost immediately to the U.S. Supreme Court. A decision in their favor could turn every state in the country into a right-to-work state, where public employees can opt out of joining a union.
Since 2010, three states – Indiana, Michigan and Wisconsin – have passed laws restricting labor rights.
In 24 states, including California, teachers and other public workers can opt out of unions but must pay “agency fees” to cover the union’s collective bargaining efforts. That eliminates “free riders” who could benefit from the union-negotiated contract without contributing to the cost.
Unions can’t charge non-members for political activity. But what’s political?
In the 2012-2013 school year, for instance, the California Teachers Association reported that a $27,860 “Ethnic Minority Early Identification Development program” and $18,079 “special publications” were related to collective bargaining. Also that year, the union hosted a Gay, Lesbian, Bisexual and Transgender (GLBT) Conference to “address issues involving GLBT educators, students and community” and found that nearly 87 percent of its cost – or $65,099 – was eligible to be paid for by agency fees.
. . . “Whatever you think about these programs, they are not related to collective bargaining,” said Terry Pell, president of the Center for Individual Rights, the right-leaning organization that filed the lawsuit on behalf of the plaintiffs.
Collective bargaining itself is a political activity, the complaint charges. For example, many teachers unions have opposed merit pay in contract negotiations, while individual teachers may support it.
A 2012 opinion by Justice Samuel Alito in Knox vs. Service Employees International Union, Local 1000 questioned agency fees. “Because a public sector union takes many positions during collective bargaining that have powerful political and civic consequences, the compulsory fees constitute a form of compelled speech and association that imposes a significant impingement on First Amendment rights,” Alito wrote for the majority.