Cato Institute
Policy Analysis
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At least one such example has emerged in
In every bargaining law state--an impor-
the Fort Worth, Texas, area. The United
tant qualification--the state teacher unions
Educators Association, a for-profit company,
are highly influential lobbies in the legisla-
represents 11,000 teachers. In the Fort Worth
tures, but this is not a reason to believe that
area, returning teacher members pay $174 in
the proposal is hopeless. To illustrate, Florida
dues, and first-year members pay $119.
is a bargaining law state, but Republicans
Elsewhere in the region, the dues are $149 for
occupy the governor's office and hold
returning members and $104 for first-year
majorities in both houses of the state legisla-
members. Meanwhile, the NEA and state dues
ture. It is also a state in which the state
in the Texas State Teachers Association (the
teacher unions in transition to a merged
state NEA affiliate in Texas) are $356 plus
state organization are committed to an all-
local dues that vary from $21 to $70 in the
out effort to defeat Republican governor Jeb
UEA region. Support personnel, who com-
Bush and various Republican members of
prise about 20 percent of UEA members, pay
the legislature in the 2002 elections.
$119 in the Fort Worth area and $104 else-
Obviously, the Republican majorities in the
where in the UEA area.19 UEA rebates $10 per
state legislature have strong partisan as well
member to its local affiliates, who can spend
as public policy reasons to terminate the
State legislatures
the amounts received from UEA in any way
teacher union monopoly on teacher repre-
would have to
they wish. Larry Shaw, the founder and execu-
sentation.
tive director of UEA, has asserted that teachers
It is difficult to see how NEA/AFT could
pass laws that
do not care about the fact that UEA is a for-
successfully persuade most teachers that leg-
reduce the mini-
profit corporation in which Shaw owns all the
islation that expands their choice of exclusive
mum showing of
stock.20 His reason for adopting the unusual
representative is harmful to teachers. This
organizational structure was to avoid litiga-
will not deter the teacher unions from attack-
interest, permit
tion against a board of directors established
ing the legislation as "anti-union" but it is
other types of
under a conventional corporate structure.
indisputable that the interests of teachers
organizations
Inasmuch as teacher bargaining is regulat-
often diverge from the interests of the
ed by the states, state legislatures and execu-
teacher unions. Every experienced labor
and individuals
tives would have to pass legislation that would
negotiator in public education can attest to
to represent
reduce the minimum showing of interest, per-
the accuracy of this statement. As we have
mit other types of organizations, as well as
seen, union proposals to deny union critics
teachers, and
individuals, to represent teachers, and enable
access to teachers are routine, even though it
enable all mem-
all members of the bargaining unit to vote on
is in the interests of teachers to know what
bers of the bar-
the critical employment issues noted above.
union critics have to say. When unions win
The teacher unions will adamantly oppose
representation elections by a narrow margin,
gaining unit to
these proposals even more than they oppose
they often seek long-term contracts that are
vote on critical
decertification efforts in individual school dis-
not good for teachers but preclude chal-
tricts. Being decertified in one school district
lenges to the winning union for several years.
employment
is not likely to be a catastrophic defeat for the
By the time the contract is about to expire,
issues.
teacher unions, but the prospect of having to
the opposition to the union is marginalized
compete against a variety of contenders for the
or has disappeared due to inability to main-
bargaining rights and revenues they already
tain an organization that does not enjoy pay-
enjoy statewide and nationally would be a cat-
roll deduction of dues and access to teachers
astrophe for them. Enactment of the proposal
on district facilities.
in one state would trigger consideration of the
As matters stand, there is no competition
proposal in other states. Rank-and-file teach-
between the NEA and AFT nor is there likely
ers have every reason to support legislation
to be any as long as their leadership works
that would expand their choice of exclusive
closely together to merge the two unions.
representative.
Furthermore, in states and school districts
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