Public Employee Press


Scalia's death scrambles Friedrichs and other anti-union court cases
Labor's message: Keep on pushing

Friedrichs is part of a relentless nationwide assault on unions by a constellation of right-wing interests made up by corporate groups and Republican governors and state legislators. The assault has been a wake-up call for unions and their members to fight back — and they have by organizing members.

By MIKE LEE

The oral arguments on the anti-union Friedrichs v. California Teachers Association case before the U.S. Supreme Court on Jan. 11 left public service workers unions at the edge of a precipice.

A feeling of doom prevailed as the comments of the justices left the impression that the conservative-dominated court would rule against the teachers union. Such a decision would cripple public-sector unions financially and undermine their ability to protect the living standards of millions of working families.

But the death of ultra-conservative Supreme Court Justice Antonin Scalia, who seemed to be leaning heavily against the union, has temporarily upended that scenario.

If it decides to rule on the case in this term, the Supreme Court will likely be deadlocked with a 4-4 vote. It could also rule on the case in the fall or earlier if the U.S. Senate accepts President Barack Obama's nominee to replace Scalia.

Meanwhile, several similar cases in the federal circuit will remain frozen until a new justice is appointed.

Few expect the right-wing-backed assault on unions in the courts will cease. So, while it appears unions have dodged the bullet for now, they only have a temporary reprieve.

Fighting a nationwide assault on unions

Friedrichs is part of a relentless nationwide assault on unions by a constellation of right-wing interests made up by corporate groups and Republican governors and state legislators. The assault has been a wake-up call for unions and their members to fight back — and they have by organizing members.

The DC 37/AFSCME Strong campaign is reaching out to thousands of members in effort to agitate, organize and educate them about the importance of their union in protecting their benefits and acting as their collective advocate. The program is part of a nationwide campaign launched two years ago by DC 37's parent union, the American Federation of State, County and Municipal Employees (AFSCME).

The organizing effort is strengthening DC 37 by getting more members involved in the activities and work of the union.

The DC 37/AFSCME Strong campaign has engaged thousands of members in one-on-one and group meetings.

The campaign has also signed up thousands of new members. These new members used to be agency-fee payers, meaning that they contributed dues to DC 37 without enjoying the benefits that come with union membership. Among other things, membership gives workers the right to vote on contracts and to choose their union leaders.

"I care about my future, I care about my job security and having an organization to represent me and fight for me," said Local 371 member Clement James Jr., who signed his union card at a Jan. 22 DC 37/AFSCME Strong meeting.

Defunding unions

What's at stake in Friedrichs is whether the 50 states in the nation would all become so-called "right-to-work" states for public service workers.

In a right-to-work workplace (which is more aptly called "right-to-work-for-less"), workers don't have to contribute their fair share for union benefits and services they receive. This loss of funds would cripple the ability of public worker unions to negotiate on behalf of their members. And that would be a big victory for right-wing corporate interests in their concerted assault on workers' rights throughout the United States.

"Right-to-work-for-less" laws now exist in 26 states. Most recent is West Virginia where, on the day before Scalia's body was discovered, the state legislature overruled Gov. Earl Ray Tomblin's veto of a right-to-work bill.

Research shows that workers in states with right-to-work laws earn less than in states where unions are strong.

Back in 1961, the Rev. Martin Luther King Jr. warned against the perils of such laws:

"In our glorious fight for civil rights, we must guard against being fooled by false slogans, such as 'right to work'," he said. "It is a law to rob us of our civil rights and job rights. Its purpose is to destroy labor unions and the freedom of collective bargaining by which unions have improved wages and working conditions of everyone. Wherever these laws have been passed, wages are lower, job opportunities are fewer and there are no civil rights."

A right-wing attack on worker rights

The group behind these anti-union efforts that aim to eviscerate the rights of workers is The National Right to Work Legal Defense Foundation.

The group is the legal arm of the National Right to Work Committee, founded in 1955 by right-wing southern business owners opposed to organized labor. The group is funded by dark money sources such as the multiple conservative anti-labor foundations associated with the Koch brothers and others.

These organizations have acted as a battering ram against organized labor and were on the verge of dealing a brutal blow to the labor movement with Friedrichs, which threatened to overturn the Abood v. Detroit Board of Education ruling in 1977.

In Abood, the court held that public service worker unions, acting as the sole bargaining unit for all workers, were allowed to collect dues from both members and non-members. Significantly, Abood established the working principles of labor relations in the public sector throughout the country.

But the fact that a ruling on Friedrichs is for now frozen is a reprieve, not a victory, for unions. The anti-union forces are free to continue with more cases in other federal circuits - and they are doing that.

Union mobilizing

Meanwhile, AFSCME affiliates like DC 37 are moving ahead with their effort to build a stronger labor movement.

AFSCME President Lee Saunders said, "This means one thing: We can never quit the work we began two years ago to strengthen our union. Now is the time to double down on our organizing efforts with a sharper focus on the upcoming election."

"The power of this union has never been based on a court decision," DC 37 Executive Director Henry Garrido said. "We have fought for everything we got, and we are going to push ahead to organize our members."