1 Sara Gjerdrum, Executive Director Christina Clark, General - PowerPoint PPT Presentation

1 Sara Gjerdrum, Executive Director Christina Clark, General Counsel March 2015

» PELRA 1971 » Public sector collective bargaining » Employees vote to select exclusive representative » Opt-in union membership » 85% fair share fee allowance » Payroll deduction for dues and fair share fees 2

US Cool » First Amendment Permits Public Sector “Agency Shop” » Permissible to Require Employees to Share Costs of Collective Representation » But Cannot Require Employees to Share in Political Contributions or Political Expression Unrelated to Collective Representation 3

1977 --NYC blackout --World Trade Center completed --Panama Canal returned to Panama --Apple II computers --President Carter grants pardon to Vietnam War “draft dodgers” --Nobel Peace Prize awarded to Amnesty International --Vikings lose to Oakland in Super Bowl (32-14) --The last execution by guillotine in France --Minnesotan Dorothy Benham is Miss America --Elvis Presley dies at age 42 --Star Wars, Roots, and Saturday Night Fever --Christina starts college 4

Friedrichs? (2016) Harris (2014) Knox (2012) 5

Knox Harris (2012) (2014) Is a new notice and opt-out May a state require home aides to pay required for mid-year dues a representation fee to the union they increase? selected to represent them? Court invites an Abood challenge: No – Abood doesn’t extend to such “Our prior decisions approach, if “quasi- public employees” – but they do not cross the limit of then goes out of its way to call what the First Amendment can Abood an “anomaly,” “questionable tolerate.” analysis,” “questionable foundations,” “unsupported” 6

» Knox (SCt-2012), fueled Harris (SCt-2010) & spawned Friedrichs (SCt petition pending 2015) as well as other challenges: ˃ to opt-opt procedures ( Lum ) (CA) (2014); ˃ to agency fee and resignation and objection process ( Kennedy ) (CA) (2014) ˃ to exclusive representation (Beckhart) (KY) (2013) 7

» Harris (SCt-2014) Spawned More Challenges and Fueled Others ˃ To Exclusive Representation & Fees for Home Aides/Childcare Workers: Bierman (MN, 8 th Cir. 2014), D’Agostino (MA 2014), Jarvis (NY 2014), Schlaud (MI, 6 th Cir. 2010) (6 th ), Centeno (WA 2014), Greene (MN 2014)) ˃ To Membership Drop Periods: ( Pulaski, Arkansas & Michigan ULPs ) ˃ To agency fee generally: Juber (CT 2014), Rauner (IL 2014), Hamidi (CA 2014), Mass Labor Charges (2014)) 8

» Friedrichs (certiorari petition pending in SCt): ˃ In lower courts, challenged California’s opt-out system as unconstitutional ˃ Minnesota has opt-in, was considered to be “safe”) ˃ But Supreme Court petition now seeks to overturn Abood entirely 9

10 AK ME WA ND MT MN NY WI ID MI SD OR PA IA WY NE IN WV OH IL UT MD NV KS VA CO MD MO NC KY TN CA OK AR SC AZ AL MS NM GA LA TX Agency Fee FL Right to Work/Shirk

AK ME WA ND MT MN NY WI ID MI SD OR PA IA WY NE IN WV OH IL UT MD NV KS VA CO MD MO NC KY TN CA OK AR SC AZ AL MS NM GA LA TX Bargaining FL 11 Bargaining Prohibited

So What Does This Mean? • Immediate loss of all fee-payers who have not converted to membership • Loss of unengaged members who do not see value of union membership • Membership loss will be greater if loss of fair share combined with loss of payroll deduction and attacks on collective bargaining 12

No Agency Fee? Opportunities… It’s Up To Us Opportunities • Run issue based campaigns that engage members and fee payers • Win on issue based campaigns demonstrating union difference • Enhance and test worksite structures • Engage members and move them to activist to leader • Educate members around union difference • Build POWER • Move to true organizing culture 13

The Value of Belonging ¡Sí, Se Puede! 14