Tag: unions

Common Core? Agency Fees? No Thanks!

Yesterday the 10th annual Education Next survey of American opinion on K-12 education came out, and right away Jason Bedrick deftly distilled the school choice findings. I want to quickly discuss two other, ripped-from-the-headlines subjects: opinion on the Common Core national curriculum standards, and agency fees charged to teachers who don’t want to join a union.

As perhaps reflected in the latest version of the Elementary and Secondary Education Act—the recently enacted Every Student Succeeds Act (ESSA)—many Americans across the ideological spectrum are none too pleased with the Common Core, which the ESSA goes so far as to mention by name as off limits to further federal coercion. According to the survey, federal politicians read the tea leaves correctly when they took off against the Core. Despite the survey using a wording likely to bias respondents in favor of the Core—saying it will be used “to hold schools accountable for their performance”—the general public was evenly split: 42 percent supportive and 42 percent against. Even more telling has been the Core’s trajectory since first being addressed in the 2012 survey. The trend data do not include people who were neutral on the Core, but among those who offered opinions for or against, support plummeted from 90 percent to just 50 percent.

That said, the survey’s overall message is not entirely hopeful if you aren’t fond of centralized standards and testing. Among other things, 55 percent of the general public supports generic, identical state standards in reading and math used “to hold public schools accountable for their performance.” Of course, that wording makes it impossible to know if respondents are mainly reacting to uniform standards, accountability, or both, but the uniformity inclination does not bode well for fans of local control of public schools. Then again, the public opinion trajectory is similar to what we saw when the Common Core was mentioned by name: support dropped from 92 percent of people who offered an opinion in 2012, to 66 percent today.

Public-Sector Unions Survive to Fight Another Day

This morning, the Supreme Court disappointingly, but expectedly, split 4-4 in Friedrichs v. California Teachers Association. With Justice Antonin Scalia’s untimely death, one of the likely blockbusters of the term turned into a terse, one-sentence opinion: “The judgment is affirmed by an equally divided Court.”

“The judgment” was the Ninth Circuit’s decision, which sided with the unions on the question of whether forced union dues for public-sector workers violate the First Amendment. At stake in Friedrichs was whether public-sector unions would continue to be permitted, under a 1977 case called Abood v. Detroit Board of Education, to take forced dues from non-members in order to fund the day-to-day activities of the union. In an alternate universe, one in which Scalia is still alive and sitting on the Court, Friedrichs would have almost assuredly overruled or severely limited Abood, essentially converting public-sector unions into “right to work” unions.  

The lack of a blockbuster decision in Friedrichs is one of the most significant immediate consequences of Scalia’s death. Few issues split the Court more starkly than unions, and there were clearly irreconcilable differences among the justices. Friedrichs was only argued on January 11, so the justices didn’t take too long to conclude that there was no way to decide the case with five justices in the majority, thus the thoroughly unsatisfying opinion today.

Friedrichs Decision Is a Blow Against Educational Excellence

Today, an evenly divided Supreme Court affirmed a lower court’s decision in Friedrichs v. California Teachers Association to permit unions to continue charging nonmembers “agency fees” to cover collective-bargaining activities that the union supposedly engages in on their behalf. About half the states require agency fees from public-sector workers who choose not to join a union.

Not only do agency fees violate the First Amendment rights of workers by forcing them to financially support inherently political activities with which they may disagree (as my colleague Ilya Shapiro and Jayme Weber explained), but the unions often negotiate contracts that work against the best interests of the workers whose money they’re taking. For example, union-supported “last-in, first-out” rules and seniority pay (as opposed to merit pay) work against talented, young teachers. Moreover, a teacher might prefer higher pay to tenure protections, or greater flexibility over rigid scheduling rules meant to “protect” them from supposedly capricious principals.

What if Compulsory Public-Sector Union Dues Violate the Guarantee Clause?

Today, the Supreme Court heard oral argument in Friedrichs v. California Teachers Association, a challenge to public-sector unions’ ability to extract forced dues from non-members. As my colleague Ilya Shapiro writes, and Ian Millheiser at Think Progress agrees, the Court seems poised to strike down “fair share” fees for public-sector workers who do not want to join the union. This would essentially mean that “right to work” would be constitutionally mandated for public-sector workers.

Such a ruling would correct a 40-year-old mistake the Court made in Abood v. Detroit Board of Education. There, the Court ruled that public-sector union dues can be meaningfully separated into the “political” and the “non-political,” and that, while the First Amendment forbids forcing people to support political causes with which they disagree, public-sector unions can extract a “fair share” fee for non-political purposes.

From the very beginning, this distinction was under attack. As Justice Lewis Powell wrote in concurrence in Abood:

Collective bargaining in the public sector is “political” in any meaningful sense of the word. This is most obvious when public-sector bargaining extends … to such matters of public policy as the educational philosophy that will inform the high school curriculum. But it is also true when public-sector bargaining focuses on such “bread and butter” issues as wages, hours, vacations, and pensions.

In other words, public-sector unions are just another political special interest that seeks favors from the government, and what they can’t get at the ballot box they’ll get at the bargaining table.

Police Union Planning “Surprise” for Quentin Tarantino

After filmmaker Quentin Tarantino delivered an impassioned speech at a rally denouncing as “murder” some recent police uses of force against civilians, pro-police groups called for a boycott of his films.  So far, so dull. But now, according to the Hollywood Reporter, things have taken a new and remarkable turn. 

In a veiled threat, the largest police union in the country says it has a “surprise” in store for Quentin Tarantino.

Jim Pasco, executive director of the Fraternal Order of Police, would not go into any detail about what is being cooked up for the Hollywood director, but he did tell THR: “We’ll be opportunistic.” 

Pasco specified that the “surprise” in question would be in addition to the standing call for a boycott. 

“Something is in the works, but the element of surprise is the most important element,” says Pasco. “Something could happen anytime between now and [the premiere]. And a lot of it is going to be driven by Tarantino, who is nothing if not predictable.

“The right time and place will come up and we’ll try to hurt him in the only way that seems to matter to him, and that’s economically,” says Pasco.

When asked if this was a threat, Pasco said no, at least not a physical threat.

Note well that last bit, which did not deny that the surprise might involve forms of on-the-job retaliation by Pasco’s members falling short of physical violence. Might it involve traffic problems at a Tarantino appearance? Asking patrons to state their business as they walk to a premiere? Simple failure to extend protection can accomplish a lot, as Padma Lakshmi discovered last year when police outside Boston failed to protect her from a vicious onslaught and tire-slashings when her crew tried to film a segment of Top Chef without a demanded union contingent. 

Like many others, I have taken positions adverse to FOP’s – opposing its call for attacks on police to be covered by the enhanced penalties of hate crime laws, for example, and criticizing the LEOBR laws that confer teacher-like tenure on errant cops. Perhaps from now on I too should worry about a “surprise” at the hands of police unionists who might, after finding my movements “predictable,” seize the “right time and place” to “try to hurt.”

Government Workers More Satisfied with Retirement, Health Insurance, and Vacation Benefits

A recent Gallup poll finds that government employees are considerably more satisfied than their private sector counterparts with their compensation fringe benefits–namely government retirement plans (+25), health insurance benefits (+23), and vacation time (+17).

The poll compared satisfaction with 13 different job aspects for both government and nongovernment employees, ranging from stress on the job, flexibility, recognition, salary, relations with coworkers and bosses, etc. In 9 of the 13 characteristics, government and private sector workers reported similar levels of satisfaction (all above 60%) with job stress, recognition, flexibility, safety, salary, hours, promotion opportunities and job security. 

Supreme Court to Consider Ending Forced Public-Sector Union Dues

Today, the U.S. Supreme Court announced that it would hear Friedrichs v. California Teachers Association, which asks the court to consider whether compulsory public-sector union dues violate the First Amendment right to free speech–which includes the right to be free from compulsory speech. The Cato Institute filed an amicus brief supporting the petitioners’ request that SCOTUS hear the case.

In 26 states, public-sector unions can force non-members to pay dues anyway. As I noted last year: 

The unions contend that these compulsory dues are necessary to overcome the free rider problem (non-union members may benefit from the collectively-bargained wages and benefits without contributing to the union), but plaintiffs in Friedrichs v. California Teachers Association point out that numerous organizations engage in activities (e.g. – lobbying) that benefit members and non-members alike without giving such organizations the right to coerce non-members to pay. That’s especially true when the individuals who supposedly benefit actually disagree with the position of the organization.