The Attack on Teacher’s Unions: A Message to Members
I wanted to take a moment to thank the forty or so teachers that attended the Friedrichs Case presentation at the high school last Wednesday. I know that everyone is busy and time is very valuable. I am writing this message with the purpose to inform and educate the membership so that we may be better equipped to handle the relentless multi- pronged attack against unions and teachers that began a few years ago and is showing no signs of letting up. In fact, if it were not for the death of Chief Justice Antonin Scalia, I believe New York, along with many other states would well be on their way to becoming right to work states.
“Right-to-work” laws are statutes in a number of states in the United States that prohibit union security agreements, or agreements between employers and labor unions, that govern the extent to which an established union can require employees’ membership, payment of union dues, or fees as a condition of employment.
While I breathe a sigh of relief, I am reminded that we are up against extremely strong forces, and although this buys us a couple of months to organize, we need to start that process now. We have become victims of our own success. We have become comfortable and complacent because we have had it so good for our entire careers. Not since the 1970s have unions and teachers faced this level of attack.
In the interim, we have had it very easy. The day you were hired, you were automatically granted wage increases every year, amazing health care at very little cost, job security, and academic freedom. All of this was granted to you based on the simple fact that you were hired. You did not have to fight for any of this as your predecessors already went to battle for you during the 1970s. I hate to say it, but we have become complacent and entitled. I can confidently say, that if we do not start fighting back our profession is going to be decimated. We need to become political and we need to stop voting against our self interests and start fighting for our livelihoods.
I will now attempt to explain where this attack is coming from, why it is happening, the Friedrich Case, what we can do to combat it, all while attempting to get across to the reader how serious this situation is.
Where is this attack coming from?
The American Legislative Exchange Council (ALEC) is a network of legislators, governors, secretaries of state and leaders from the U.S. Congress whose goal is to represent the wealthiest 1%. One of their main targets for attack are unions and the middle class. Thier goal is to reduce regulations on corporations and reduce the bargaining and leveraging power of the working class. In plain terms, the wealthy have become organized and are attacking the middle class.
Why is this happening?
The deregulation of corporations and the elimination of unions allows the 1% to become even more wealthy. Since ALEC was created, the growth in real after-tax income was 18% for the poor, 35% for the middle class (that’s us) and 278% for the wealthiest one percent of the population. Union membership in the United States had dropped from 35% in the 1950s to 20.1% in 1983. It is now at an all time low 12.3%. As union membership decreases, middle class income decreases and income grows for the top one percent.
How do they accomplish their goals?
I strongly encourage you to watch this short parody video that explains how ALEC influences how a bill becomes a law. ALEC creates task forces to lobby, fund candidates, buy influence in media outlets, and pay for extremely talented legal teams to bring law suits against unions. Each task force is assigned a separate arena ranging from tax and fiscal policy, energy and environmental deregulation, civil justice and of course, education. In this last arena, they paid for media campaigns that bash teachers and blame unions for the poor condition that ALEC claims our public schools are in.
ALEC’s mission statement for public schools can be found on their website. They claim that public schools are a monopoly that should be replaced with charter schools based on the corporate model. They advocate for vouchers, cyber schools, charter schools, the tax cap and the privatization of all public schools. Above all, they maintain that schools would be better if teachers were no longer unionized.
ALEC has a team of writers that create bills and hand pick legislators in Congress to have them introduced. They have funded the elections of 85 members of Congress that have passed 25 laws from 2011-2012. Each of these laws have helped the wealthy one percent increase their profits while attacking the middle class.
The Friederich Case
This case has ALEC’s greasy fingerprints all over it. Three teachers in California decided that they did not want to pay union dues because they did not agree with every political stance the union takes. They are claiming that forcing them to pay union dues is a violation of their first Amendment Rights. The California courts ruled in favor of the union but it was appealed and was to be heard by the Supreme Court. The court was expected to rule against the union 5-4, but Antonin Scalia passed away. The result is a 4-4 tie which would reinforce the lower California court’s ruling in favor of the unions. This is just a short reprieve as ALEC is certainly licking its wounds and regrouping to reopen the case or to lobby Congress and the President to appoint an anti-labor justice to the courts.
If the unions were to lose this or another case like it, they would be required to collect dues from at least 50% plus one more union member. Those who do not pay, freeriders, will still benefit from collective bargaining, but the union would be much less effective without the necessary funding. If the union goes below the 50%, your employers no longer have to recognize you and collective bargaining is nullified. Your employer can and will be able to change your benefits, salary and there will no longer be due process or a grievance process. In other words, you will now work in a right to work state. You will pay 70% or more into health care and will no longer receive step increases. You will have no say over curriculum and your employer may terminate you at any time without giving you a due process hearing.
New York State Constitutional Convention
In 2017, along with voting for mayor, council members, and other elected officials, the voters of New York will be asked to answer “Yes “or “No” to this question: “Shall there be a convention to revise the constitution and amend the same? Every twenty years, the New York State constitution requires that the voters of the State be given the option to call a constitutional convention for revising and amending the New York State constitution – a generational opportunity to consider the State’s governing document and how well we are governed.
New Yorkers have been reluctant to seize this opportunity. The last referendum was voted down in 1997 by 62 to 38 percent, and no convention has been called since 1967. The last convention to change the constitution took place in 1937. The fear is that a convention could be hijacked by groups seeking to weaken or eliminate those provisions. Groups like ALEC!
The delegate selection (those who would decide if the Constitution should be changed) is also rigged through gerrymandering, or manipulating the boundaries of (an electoral constituency) so as to favor one party or class. This ensures that most of the delegates would be Republicans. These are people that have historically been anti-union.
Why is our union opposed to the convention?
“In March 2015 the New York State United Teachers union issued a message to its membership, arguing a convention is “akin to opening Pandora’s box” when it comes to constitutional safeguards of pension benefits, unionization, and free public education.” In plain terms, they could get rid of pensions, unions and privatize education.
What can we do?
Stop voting for candidates that go against your own self interests. Research the candidates and find out what their views on education and labor unions are. I know that other social issues matter, but what will you do when you know longer have health benefits, wage increases or employment?
Talk to each other about these issues. Face to face conversations are the most effective way to educate and encourage union involvement. People are less apt to ignore the message when they literally have to face it. This does not have to be confrontational. The idea is to get organized!
LCTA Blog 
