Three takeaways:
— Public workers can join or not join unions.
— Washington state’s public employers should stop using government payroll systems to collect union dues for private organizations.
— Public employers should provide workers neutral notice of their rights at the point of hire, instead of sending them to unions for answers.
I'm jealous of Idaho. Lawmakers there passed a bill that would stop public school employers from collecting union dues through government payroll systems. Idaho Republican Gov. Brad Little can sign it, veto it or let it become law without his signature by April 14, joining six other states with full or partial bans on dues collection by public employers.
When it comes to protecting the rights of public employees, Idaho is moving in the right direction. Washington state is not. Favors are continually provided to unions at worker and taxpayer expense.
One way unions are placed above public workers here? Public employers serve as collection agents for unions, even as many workers begin their public employment without clear, neutral information that they have a choice about joining a union. That should be plainly explained at the point of hire. When we’re talking about hundreds of dollars or more in union dues from a worker each year, it’s a big deal. It’s also a big deal because unions are politically active, often supporting or opposing policies with which some workers disagree. In Washington state, unions are top donors to candidates, initiatives and other political campaigns.
The current system cries out for an awareness campaign by public employers and the end to automatic union dues deductions. Right now, the line between employment and union membership is horribly blurred.
Janus rights
Taxpayer-paid workers have the right to join a union and the right to refuse one. The U.S. Supreme Court underscored that in its 2018 Janus v. AFSCME decision, ruling that public employees cannot be forced to fund union speech as a condition of keeping their jobs.
Yet many public employers do little to make sure workers understand that choice. Instead, they point workers to unions for union-related questions and rely on unions for dues authorizations. That is a lopsided way to handle a worker’s First Amendment rights.
Public employers should not be telling workers to "ask the union" if they have questions about the union. That is not neutral information. It is not respectful to workers, and it is not good enough for taxpayers who fund these public institutions.
One-sided information is coupled with the practice of automatically deducting dues for unions. Law also requires giving unions access to new employees and requiring public employees to provide union representatives with employees’ private contact information. (Read more here and here.)
I have urged an end to automatic collection of union dues for the past several years. Public employees can pay union dues the same way they pay their other personal bills. Governments don’t auto-collect payments for streaming services, nor should they. That would create a healthier separation between the government and a third party and reduce the confusion many workers have about whether union membership is required for public employment. It is not.
Lawmakers here should also require public employers to provide neutral, written notice at the point of hire stating, in plain language, that employees may join a union and may also decline to join one.
Solutions for better protecting workers are not complicated, but Washington state’s legislative majority has shown far more interest in accommodating unions than in making sure workers clearly understand their rights.
A government paycheck should not come with a union bill attached and a shrug where neutral information ought to be.
