American unions look headed for another legal beating in the US Supreme Court. Pretty soon, we’ll be able to drop all pretense and just advocate beatings until the morale–of American workers–improves. The Supreme Court is about to hand their overseers a slightly thicker, more knotted, whip.
Ten Californian teachers have sued their union–on First Amendment grounds–alleging that by paying union dues “they are being forced to pay money to support positions with which they disagree.” Their plea will likely find sympathetic ears on the current almost-completely-fallen-over-to-the-right Supreme Court, which has twice ruled that “the First Amendment bars forcing government workers to make payments to unions.” These are no innocent plaintiffs; they are an integral component of a “decades-long legal campaign to undermine public unions.” (Their lawsuit has been organized by the Center for Individual Rights, a libertarian group which enjoys funding from conservative foundations.)
Of course, the plaintiffs will continue to benefit from the union’s work to secure higher wages and workplace benefits–that’s just how collective bargaining works. But the rugged individualist at the head of the lawsuit, Mr. Elrich, will have none of it. As he notes, presumably standing on a cliff overlooking the American West, through which he will roll on his covered wagon, fighting off various governmental depredators:
“I can negotiate for myself,” he said. “I’m a good teacher, highly respected, and I can go anywhere.”
If the experience of American workers in the years following the extensive deunionization of the American workplace is any indication, most teachers will likely “go” down the ladder of economic and social advancement. But freedom, fuck yeah, so that’s cool.
The plaintiff’s First Amendment concerns appear overblown:
Solicitor General Donald B. Verrilli Jr., representing the Obama administration, urged the justices to leave the Abood ruling alone. Reaping the benefits of collective bargaining, he said, is not the same as being compelled to support a political position.
“The typical worker would surely perceive a significant difference between, on the one hand, contributing to a union’s legal and research costs to develop a collective-bargaining proposal for his own unit, and, on the other hand, making a political contribution to a union-favored candidate for governor,” Mr. Verrilli wrote.
Kamala D. Harris, California’s attorney general, told the justices in a brief that workers who object to the positions taken by unions suffer no First Amendment injuries because “they remain free to communicate their views to school officials, their colleagues and the public at large.”
Unsurprisingly, there is plenty of market language forthcoming from the plaintiffs
Ms. Cuen said the unions might need to improve to keep their members.
“If they’re worried about not getting forced money from everyone, what does that say about their product?” she asked. “So maybe if we win the case and they’re worried about people leaving in droves, they might need to improve their product and make it a little more user-friendly.”
I’m surprised Ms. Cuen forgot to throw in talk of union ‘brands’ and how they are losing their ‘customers.’ Perhaps she’ll do in her press release following their legal victory.
Samir Chopra 