SCOTUS 4-4 Split Means Victory for Unions

Today, the U.S. Supreme Court ruled 4-4 on the Friedrichs v. California Teachers Association, a case that sought to break public employee unions.

In our state, public school teachers don’t have to be members of the California Teachers Association if they have religious or political beliefs about being a union member.  Teachers can opt out of the union, but have to pay about 65% of the CTA dues as an “agency fee” to cover the costs of collective bargaining, of getting the higher pay and benefits the CTA negotiates for all teachers.  In lieu of paying for the union’s political activities, the alternative is to contribute the other 35% to a charity.

If SCOTUS still had Scalia, the final vote announced today would have been 5-4 in favor of the dissident teachers and that would have exonerated the dissidents from paying the 65% “agency fee,” and at the same time ring the death knell for public employee unions. And it would add to the disgraceful decisions in Citizens United, Bush v. Gore and gutting the Voting Rights Act as bellwethers of a country speeding back to the 1880s. For anyone who doubts the significance of Friedrichs, open the Supreme Court Docket for this case and see the flood of amici briefs that have been filed.  Today we can be thankful that SCOTUS split 4-4 and the dissidents lost.  That was too close for comfort.

The reality the right wing cannot comprehend is that CTA bargains for teacher salaries and benefits so that schools can attract and retain good teachers who otherwise could not afford to teach because of traditionally low compensation rates.

Anyone who enjoys the advantages negotiated by a union — higher salary, excellent benefits, better working conditions—should contribute to the union. Otherwise, it is free loading. Teachers who don’t want to pay union dues should be paid lower salaries and pension benefits in exchange for not having to be a union member.

Unions and collective bargaining have made the lives of employees safer, richer and more fulfilling.  Unionization created the great American middle class, which now is withering in Silicon Valley and in red states that have enacted “right to work” laws such as supported by Governors Kasich and Walker and other Republican “leaders.”

That also was the intent of San Jose’s previous City administration whose grandstanding decimated the police department by a course of legal arrogance, actually believing that contracts with police could be broken.  That hopefully is being turned around by rational thinking.

Our country is the loser, when unions are targeted for destruction and we can only wonder when we’ll collectively come to our senses.

 

About the author: San Jose lawyer Richard Alexander leads the Alexander Law Group legal team suing major corporations and insurance companies in injury and death cases.  Exceptional results and top peer ratings: 10/10 “superb” by Avvo and 5.0/5.0 “AV Preeminent” by Martindale.  Trial Lawyer of the Year.  ALG’s opponent in a $79.8 million verdict against Johnson & Johnson described the team as “almost like raptors.” Formerly United Steelworkers; currently The State Bar of California.

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