4 Things You Need to Know About the Supreme Court Case Challenging Fair Share Dues

Jan 6, 2016 6:08:00 PM

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US-Supreme-Court_.jpgMMA’s Right to Collect a Fair-share of Expenses for Supervisors Who Choose Not to Join MMA; A Supreme Court Case That Could Dramatically affect Public Sector Unions.

Zaidee Martin, Rollins, Martin & Button, P.S.C

Currently, MMA, its staff and services are funded by member dues. Those supervisors who are in our bargaining unit who choose to become a member pay 10 dollars a paycheck.

#1 FAIR SHARE DUES

Under State statute the supervisors who choose not to join MMA, must still be represented by MMA and for that they pay a “fair-share fee” regulated by statute that is approximately 85% of the costs of MMA services ($8.50/paycheck). For unions that spend money to support international unions, lobbying for political reasons, or other non-contract related services, those expenses are not included in the calculations for the 85%.

Those fair share members may not participate in MMA activities, which include, among other things; attending MMA meetings, voting on officers, and voting on the tentative agreement.

#2 HOW MMA HELPS YOU

MMA’s focus is to serve members. Funds are used to:
  • Bargain a Contract that requires equal pay for all members, unlike the unorganized that relies on individual bargaining skills and results in wage gaps. For example, women earn far more, on average, in union then non union jobs.
  • Hold the State to the Contract. For example, MMA files grievances when the State violates Contract language.
  • Represent members who are or might be disciplined. MMA’s services include representation at investigations and in the grievance process.
  • Coordinate supervisors so that they can support each other. MMA has many strong locals that provide members with a place to socialize with other supervisors, find out what is happening outside their immediate area and provide informal advice on issues.
  • Direct supervisors to the answer. Much of the time MMA can help, but sometimes MMA doesn’t have the answer, in that case our staff usually can point out who to talk to in order to get the right answer.
  • Express views that might be unpopular in the workplace. It is hard as a Supervisor, individually or by name, to speak out against issues at work. But, MMA provides a conduit for issues to be raised, without the risk of retaliation that can restrict supervisors from speaking up.

#3 THE SUPREME COURT CASE

Under current law, each State has the right to regulate the ability of their public employees to organize, this includes allowing unions to charge fair share dues.
The Supreme Court is considering a case that might restrain the State’s rights to allow fair share dues. The case, Friedrichs v. the California Teachers Association, came from a couple of teachers in California and was funded by outside interests, who want to restrict the power of unions to organize.

The lawsuit claims that it is unconstitutional to require bargaining unit members to pay for the services they receive from the union. If they win, unions would still be required to provide services to their non-members, but would not draw any income from them.

Although technically this wouldn’t impede a union’s power to organize or bargain, in reality, it is really only possible to use such power if there are funds to support it. Should the lawsuit succeed it would have the effect of almost immediately reducing all public sector union’s income, without reducing the legal requirements and the need for services a union provides.

Oral arguments on the case are scheduled before the Supreme Court on January 11,2016. A decision will follow sometime within the next 6 months.

#4 HOW TO HELP

If you are concerned and want to help:
  • Get involved. Contact the MMA office or your local to volunteer.
  • Increase full membership. Help recruit fair share members.
  • Stay informed. There will be newspaper articles to read around the time of the oral arguments.
  • Talk. Tell your family and friends and fellow supervisors of the positive things that MMA has done. Tell them that you are proud to be part of a union.
  • Spread your influence. Let us know if you have access to elected officials that might be willing to help or listen.

Topics: Bargaining/Legislative Updates

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