Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘dues’

When Janus Backfires: A Test Case In Labor Solidarity After Fair Share

Thursday, November 15th, 2018

In the aftermath of this summer’s Janus v. AFSCME Supreme Court decision attacking public-sector unions, the University of Illinois at Chicago is rapidly becoming a bellwether for how those unions might sink or swim in a world without fair share.

UIC prides itself on being one of the most diverse college campuses in the country and one of the most welcoming to working-class students. The city’s only public research university and home to a vast hospital system, UIC employs a cross section of public-sector workers including nurses, teachers, clerical workers, and maintenance workers, nearly all of whom are unionized.

In recent years, university officials have rightly issued public statements critical of government actions that harm members of the campus community, including Trump’s Muslim ban, the Illinois state budget impasse, and the House GOP’s failed attempt to tax graduate student tuition waivers. But since the Supreme Court issued its anti-union decision in the Janus case this June—threatening the collective bargaining rights of thousands of university employees—the administration has been silent. Instead, through their actions, administrators have indicated a willingness to use Janus to engage in union busting.

In the first month after the ruling came down, the university payroll office failed to deduct dues from hundreds of card-signed union members from several unions on campus, including UIC United Faculty (UICUF), the Illinois Nurses Association (INA)SEIU Local 73, and my own union, the UIC Graduate Employees Organization (GEO). In the case of GEO, this cost our relatively small local of graduate student workers a whopping $10,000.

UIC’s failure to deduct member dues in July was not only illegal, but it also effectively silenced workers who actually want to pay dues because they enjoy having workplace rights. The administration openly admitted they hadn’t deducted dues, but said they weren’t going to do anything to remedy this obvious legal violation. Instead, they’ve forced the unions into a protracted grievance and arbitration dispute, apparently hoping they can simply tire us out or outspend us in legal fees.

Further, the administration is claiming the right to unilaterally process membership revocations without notifying the unions, which goes against university HR’s own policy. They also refuse to provide us with timely information about which employees are in our respective bargaining units, which is especially harmful for GEO since our bargaining unit changes dramatically every semester. Not knowing exactly who we represent at all times makes it difficult to sign up new members and impossible to ensure UIC is deducting dues correctly.

In August, GEO discovered that the university had mistakenly deducted dues from sixty nonmembers, individuals we had never claimed were union members in the first place. Mistakes like this put the union at legal risk, since the erroneously deducted money goes into our local’s bank account and makes the local liable for “taking” it. We alerted the administration immediately and they quickly corrected the error. What we still haven’t been able to figure out is why a handful of grad workers, overwhelmed with our normal teaching and research responsibilities and representing our union as volunteers, have to tell well-paid administrators at a multibillion-dollar institution like UIC how to do their jobs.

All of this comes as our unions are in the middle of contract negotiations. Even before Janus, UIC was already prone to bullying campus workers at the bargaining table and pushing us into going on strike. In 2014, faculty with UICUF had to strike to win their first contract. Last fall, the INA-represented staff nurses and administrative nurses at the UI Hospital came within a hair’s breadth of walking off the job before an eleventh-hour agreement was reached. This past spring, grad workers at the Urbana-Champaign campus had to strike for nearly two weeks in order to safeguard tuition waivers.

It comes as no surprise, then, that the administration has tried to exploit the post-Janus confusion around dues deductions to gain an advantage in bargaining, presumably to pressure us into making concessions on issues that matter to our members in exchange for the continued existence of our unions. When GEO first questioned why the administration had not deducted July member dues, they said they would only discuss it with us in contract negotiations—never mind that abiding by existing contract language and existing law is non-negotiable.

UIC grad workers—whose baseline pay is only $18,000 and who are forced to pay up to $2,000 in fees every year—are fighting for living wages and fee waivers. UIC’s tenured and nontenured faculty are fighting for increased job security, shared governance, and raises. That should be the focus of negotiations, not bureaucratic procedures around dues deductions.

The administration is waging its most vicious attack on the underpaid Licensed Practical Nurses (LPNs) with INA at the UI Hospital, who have also been in bargaining since Janus came down. Shortly after the ruling was issued, the university decided to bring in a new lead negotiator, who proceeded to tear up previously agreed-upon articles and introduce extremely regressive proposals in their place. Among other things, UIC is demanding LPNs surrender their right to engage in virtually any kind of concerted activity at the workplace, while demanding INA publicly disavow any kind of protest carried out by its members and threatening to single out union leaders for discipline.

UIC administrators seem to have assumed that Janus would leave our unions weakened and afraid, allowing them to ride roughshod over us and impose terrible contracts. But they miscalculated.

Thanks to the administration’s handling of Janus, the campus unions are working together closely. In late July, members of INA, UICUF, SEIU Local 73, and GEO held a joint march on the boss, showing up unexpectedly at the office of the head of university Labor Relations to demand accountability around the failure to deduct dues. Clearly rattled by this, the administration has since been far more careful around processing deductions and correcting errors when we point them out.

Meanwhile, all of our unions have filed or plan to file both grievances and Unfair Labor Practice charges. GEO and UICUF are ramping up our respective contract campaigns, both building towards possible strikes next spring which might easily coincide. This week, the LPNs will be going out on an indefinite ULP strike, and members from all four of our unions will hold a unified protest and rally as the UIC Board of Trustees gathers on campus for a meeting.

The budding coalition of UIC unions should be on every labor activist’s radar, as it’s emblematic of what a post-Janus world can look like for public-sector unions: a huge uptick in hostility from the boss met with more solidarity, more organizing, more direct action, more strikes, and a deeper determination to fight for our rights as public sector workers to ensure our students get the education they deserve, and our patients get the care they deserve.

This article was originally published at In These Times on November 14, 2018. Reprinted with permission. 

About the Author: Jeff Schuhrke is a Working In These Times contributor based in Chicago. He has a Master’s in Labor Studies from UMass Amherst and is currently pursuing a Ph.D. in labor history at the University of Illinois at Chicago. He was a summer 2013 editorial intern at In These Times.

The Entire Public Sector Is About to Be Put on Trial

Friday, May 26th, 2017

Within the next year, the Supreme Court is likely to rule on the latest existential threat to workers and their unions: Janus v. AFSCME. Like last year’s Friedrichs v. CTA—a bullet dodged with Justice Antonin Scalia’s unexpected death—the Janus case is a blatant attack on working people by right-wing, moneyed special interests who want to take away workers’ freedom to come together and negotiate for a better life.

For years, the Right has been hammering through state-level “right-to-work” laws in an effort to kill public sector unionism; it would see victory in the Janus case as the coup de grace.

Right-to-work laws allow union “free riders,” or workers who refuse to pay union dues but still enjoy the wages, benefits and protections the union negotiates. Not only does this policy drain unions of resources to fight on behalf of workers, but having fewer dues-paying members also spells less clout at the bargaining table. It becomes much more difficult for workers to come together, speak up and get ahead. In the end, right-to-work hits workers squarely in the paycheck. Workers in right-to-work states earn less and are less likely to have employer-sponsored healthcare and pensions.

As a judge, Neil Gorsuch, Scalia’s replacement, sided with corporations 91 percent of the time in pension disputes and 66 percent of the time in employment and labor cases. If the court rules in favor of the Janus plaintiff—an Illinois public sector worker whose case not to pay union dues is being argued by the right-wing Liberty Justice Center and the National Right to Work Foundation—then right to work could become the law of the land in the public sector, weakening unions and dramatically reducing living standards for millions of workers across the country.

That’s the Right’s immediate goal with Janus. Then there are the more insidious effects. The case is the next step in the Right’s long and unrelenting campaign to, as Grover Norquist famously said, shrink government “to the size where I can drag it into the bathroom and drown it in the bathtub.” The Trump team has made no secret of this goal. Trump advisor Steve Bannon parrots Norquist, calling for the “deconstruction of the administrative state,” and Trump’s budget proposal cuts key federal and state programs to the quick. According to rabidly anti-worker Wisconsin Gov. Scott Walker (R), Vice President Mike Pence indicated in a February meeting with him that Pence was interested in a national version of Walker’s infamous Act 10, which eliminated public sector collective bargaining and gutted union membership.

An assault on public sector workers is ultimately an assault on the public sector itself. The Right can strike two blows at once: demonizing government and undermining the unions and workers who advocate for the robust public services that communities need to thrive. A ruling against AFSCME in Janus would decimate workers’ power to negotiate for vital staffing and funding for public services. Across the country, our loved ones will wait longer for essential care when they’re in the hospital, our kids will have more crowded classrooms and fewer after-school programs, and our roads and bridges will fall even deeper into disrepair. The progressive infrastructure in this country, from think tanks to advocacy organizations—which depends on the resources and engagement of workers and their unions—will crumble.

Public sector unions are working on building stronger unions, organizing new members and connecting more deeply with existing members to stave off the threat posed by Janus. AFSCME alone, where I serve as an assistant to the president, has a goal of having face-to-face conversations with one million of its members before the Supreme Court rules. So far, union leaders and activists have talked to more than 616,000 members about committing to be in the union no matter what the court decides. Even so, Janus will make it harder for public sector unions to lead, or even join, fights on social and economic issues that benefit all workers, union or not. And that’s just what the Right wants.

We need the entire labor and progressive movements to stand with us and fight for us. We may not survive without it—and nor, we fear, will they.

This blog was originally published at Inthesetimes.com on May 25, 2017. Reprinted with permission.
About the Author: Naomi Walker is the assistant to the president of the American Federation of State, County and Municipal Employees, writes the “9 to 5” column for In These Times.

Bosses Must Keep Up Dues Checkoff after Contract Expires, Says Labor Board

Friday, October 16th, 2015

in these timesIn a landmark decision called Lincoln Lutheran, the National Labor Relations Board has overruled 53 years of pro-employer precedent. By a 3-2 vote, the Board said that like most other contract terms, dues checkoff must be continued after contract expiration unless the parties agree on a new contract or the employer declares impasse and implements its last best offer.

Dues checkoff must be maintained even if workers are conducting an aggressive inside campaign.

The NLRB ruled in favor of dues checkoff in 2012, but the Supreme Court invalidated the decision, along with many others, when it declared that two Board members had been illegally appointed by President Obama. The matter had to be heard again once new members were properly appointed.

Lincoln Lutheran removes a major impediment to working-without-a-contract campaigns, where the union uses on-the-job actions to pressure an employer for a contract, while avoiding the risks of permanent replacement and decertification associated with a strike.

Under the old rules, an employer could cease transmitting union dues as soon as the contract expired and the union called its first demonstration or informational picket line. The prospect of losing all its income was a strong disincentive for many unions.

The working-without-a-contract strategy is being pursued right now by the Communications Workers and Electrical Workers (IBEW) in their contract fight with Verizon, and by the CWA in its battle with AT&T in the Southeast (see page 12). The Steelworkers are also working without a contract at Arcelor Mittal and U.S. Steel.

With a no-strike clause no longer around its neck, a union that stays on the job after the contract expires can call short-term warning or grievance strikes to throw the employer and its customers off balance. And the union can time a protracted strike for the moment it will be most damaging.

Moreover, no longer constrained by a management-rights clause, the union can demand bargaining on day-to-day decision making, and can file streams of unfair labor practice charges.

What’s ahead

As the Republican dissenters in Lincoln Lutheran ruefully warned, employers are not likely to take this decision lying down. They can be expected to come to future negotiations with artfully designed language insuring that dues checkoff will die with the contract. Sticking to their position, they will include the demand in their final offer, to be implemented after declaring impasse.

Unions will have to find ways to overcome these stratagems—for example, stretching out meetings and filing multiple information requests to prevent the employer from lawfully declaring impasse. Time will tell who will prevail in the long run.

But for now, unions involved in inside campaigns can relish the discomfort employers will undoubtedly experience when sending in their weekly dues checks.

This blog originally appeared on Public Justice on October 14, 2014. Reprinted with permission. 

About the Authors: Robert Schwartz is a union-side labor lawyer and author.

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