Should non union public employees pay union dues, even if they might be a reduced amount? That is what the United States Supreme Court is hearing arguments on. Seven school teachers from California have challenged the Teachers Union in that state saying that they should not be forced to pay dues if they are not in the union. The Teachers Union argues that they benefit from the negotiations it does for all of the teachers.
Supreme Court Judge Anthony Kennedy stated that “ ‘free riders’ — workers who reap the rewards of union bargaining and grievance procedures without paying for it” are being “compelled riders for issues on which they strongly disagree.” He also said that politics are wrapped up in these negotiations which touch on class size, merit promotions and salaries.
Justice Antonin Scalia in the past has shown some sympathy for the free-rider argument, said that all the items negotiated in a collective bargaining agreement “are necessarily political questions.” This is in the face of reality that those who are not part of the union, but forced to pay dues (partial or full) to the public workers union are represented by that union in negotiations.
The California Solicitor General, Edward DuMont, said “that the state needs a reliable bargaining partner that is funded by all the workers it represents and the fees for collective bargaining typically apply to non-political issues such as mileage reimbursement, working hours and other mundane matters.” The only problem with that way of thinking is that if a non-union worker does not agree with the union negotiators’ positions then they are being dragged along without their consent by being forced into being represented by the union.
Those challenging the public unions have been arguing that public sector unions are more political now than they have been in the past. They further express the opinion that when the unions push for higher salaries and pension benefits that raises political questions about the best use of tax dollars for the cash-strapped governmental entities.
A federal district court ruled against the teachers, saying the outcome was clear under Abood. The 9th U.S. Circuit Court of Appeals has affirmed this ruling and now it is in front of the Supreme Court. It looks like the unions will lose and they all say that this will weaken them. Well, in my estimation it not only will not weaken them, but it will cause them to look inward at their policies and goals. This should over time cause the unions to become stronger and better representatives of their membership. Only time will tell who is right.
That is my opinion- Jumpin Jersey Mike
