RTW (Right to Work)

Last year, our Supreme Court heard a case that involved public sector unions.  Specifically, a group of California teachers petitioned the Court, claiming their First Amendment rights had been violated.  How so?  They cite having to pay fees to a union for services the union might perform on their behalf, whether or not want they want to join the union, as the violation in question.

Trouble is, a ruling in agreement with this position would have overturned a legal precedent of almost four decades.  That precedent, set in 1977 in the case Abood v. Detroit Board of Education, established the principle that public workers can pay what are called fair share fees if they are represented by a union, even if they are not members.  The status of Abood as settled law has been upheld by both a federal district court, and by the 9th U.S. Circuit Court of Appeals. 

But for a while, it appeared that may not have been enough.  For instance, in a 5-4 opinion, Justice Samuel Alito called Abood questionable on several grounds, implying at least some support for the concept of right-to-work.

Mishandling language drives me crazy.  In particular, using words to obfuscate or confuse, rather than to clarify or inform, sets me off.  Take that phrase right to work.  Sounds benevolent, doesn’t it?  At first hearing, one might conclude that it indicates a belief in the right of every American to work where and how he or she chooses.

Canard alert!!!  RTW is simply the most recent tactic adopted by conservative state legislatures for their union-busting efforts.  Historically, the far right has failed to deep-six many of the advances championed by unions.  That’s why we have 40-hour work weeks, overtime pay, paid sick leave, minimum wage laws, workplace safety and health laws, and more.  But we’re not out of the woods yet, as this statement from a number of teachers’ and public-sector employees’ unions indicates.

The Supreme Court is revisiting decisions that have made it possible for people to stick together for a voice at work and in their communities — decisions that have stood for more than 35 years.

Private-sector union membership has declined over the last 40 years.  But unions of government workers help balance the representation equation.