The latest Rheeist attack on unions is quite special. Her organization Students First is helping a woman named April Bain, featured above, in a lawsuit against the California Federation of Teachers. Bain admits that the union does good things. But she doesn’t want to pay the dues the union uses for political activities. I’ll let Moshe Marvit explain the details of how this incredibly ludicrous but very dangerous case is being argued.
At issue in Bain is not that teachers may choose to opt out of membership with their union and pay a reduced dues rate while still receiving all the benefits of the contract. Those fair share fee cases, such as the seminal Beck v. Communication Workers of America, focus on the process of opting out of membership and the types of fees that would be refundable. At issue are those teachers who choose not to be members of the union and do not receive the members’ benefits from the union, such as being able to vote in union elections and access to any union-sponsored insurance programs. Bain and other teachers in the suit argue that it is unfair and unconstitutional for them to be denied any benefits of membership as a result of their decision to opt out of membership and pay a reduced amount in union dues.
They want to be able to both opt out of membership in the union and a significant portion of union dues, but to still be able to vote for union officers and direct the union (which they’ve chosen not to join). In other words, they want the full benefits of a union without having to pay for them. And they are asking the federal courts to intercede and say that the First Amendment guarantees them that right.
“The complaint equates joining the union with ‘giving up’ First Amendment rights.” Seattle University School of Law professor Charlotte Garden explained to In These Times. “But joining or not joining are both exercises of the right of free association. It seems that the plaintiffs wish their choices were different—and that they could join the union on their own terms—but I can’t think of any other circumstance in which an individual would attempt to bring a First Amendment claim to force a private association to change its terms of membership.”
In other words, Bain not only wants to have access to what the union wins in contract negotiations, which she of course receives, but she also wants all the privately held benefits unions offer to their own members as well. This takes non-union members leeching off their fellow workers to a whole new level. To say that it’s a violation of the 1st Amendment to not receive union disability insurance because you are not a member of the union is completely absurd. The legal case also revolves around admitting that unions provide real benefits for workers, but saying that the unions should force employers to grant those provisions and that they violate non-members rights by granting the benefits themselves. Thus, unions do a great job and destroying unions is part and parcel of the same argument.
But of course Michelle Rhee will do anything to destroy teachers’ unions. And as for the Supreme Court, well, I’m not sure there is any argument too ridiculous for the 5 Republican justices if it serves their agenda of destroying workers’ rights. If the case goes there, I get scared.