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Suit against teachers unions isn't about free speech but silencing members
http://www.latimes.com/business/hiltzik/la-fi-hiltzik-20150510-column.html?fb_action_ids=10200582865409910&fb_action_types=og.shares#page=1Attacks on public employee unions, especially teachers unions, have become a permanent feature of the political landscape. But you'd be hard pressed to find one as incoherent and dishonest as a lawsuit filed last month in federal court in Los Angeles against six California and national teachers unions.
The lawsuit purports to defend the "free speech" rights of its plaintiffs, four California schoolteachers. But its real goal is to silence the collective voice of union members on political and educational issues. Its lesson is simple: If you don't like the decisions your organization or community reaches through the democratic process, just refuse to pay for them.
The plaintiffs in Bain vs. California Teachers Assn., et al, say the conditions of union membership coerce them into supporting "political or ideological" viewpoints they don't share. StudentsFirst, an education reform group supported by wealthy hedge fund managers and the Walton family, is bankrolling the lawsuit. StudentsFirst was founded by onetime Washington, D.C., schools chancellor Michelle Rhee, who, before leaving the organization in 2014 under a cloud, established its philosophy that the problem with education is that teachers have too much power and job protection.
Bain vs. CTA should be viewed in the context of a long war against public employee unions. Among its landmarks were Gov. Arnold Schwarzenegger's 2005 ballot initiatives to reduce teacher tenure rights and hamstring public employee unions' authority to spend member dues on political activity. Both failed.
The lawsuit's prime target is the "agency" or "fair share" fee. Under the law and according to a 1977 Supreme Court decision known as the Abood case, workers can be assessed non-member fees to cover solely the cost of negotiations and contract enforcement, without being compelled to join the union and support its political activities with their dues. That's the arrangement in California. For decades, union opponents have been trying to get Abood overruled. The Supreme Court is pondering whether to hear one challenge from California, Friedrichs vs. California Teachers Assn. Bain "helps create a favorable political climate for the Supreme Court" to accept the Friedrichs case and overturn Abood, says Joshua Pechthalt, president of the California Federation of Teachers, a defendant in Bain. Its purpose is "pretty clear," he says: "The erosion of unions' ability to be involved with politics."
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