Who Runs Our Government?

Many years ago, it became clear to many of us that Sacramento had two parties, the Republican Party and the Union Party. It is amazing how many bills are approved that incrementally give unions, both public and private, more and more territory over management or nonunion private sector businesses.  It’s a testimony to their effectiveness, that such a small portion of the work force can control so much influence. Now that they have so much influence, that the changes they seek are no longer incremental.  In fact, they are swinging for the fences and seem to be closing in on wholesale ownership of the state.  They will use their power to the fullest, following the dictum of “more.” They are proving that they are “the Daddy” around the Capitol.

The most egregious example this year is AB1250. Almost every newspaper in California has opined against this bill. Consequently, it was reported that it has become a two-year bill. Yet, we have been told that AB1250 may come back to the Senate floor today or tomorrow for a vote (also see MOORLACH UPDATE — AB 1250 OC Opposition — September 5, 2017 MOORLACH UPDATE — AB 1250 Labor Dominance — July 13, 2017 MOORLACH UPDATE — AB 1250 Labor Dominance — July 13, 2017 ).

With this shadow hanging over the Legislature, I submitted one last editorial in opposition and it was published by Fox & Hounds.

Another Labor Day without labor reform

Union protestThis Labor Day, millions of Americans will celebrate their day off with backyard barbecues and a family trip to the beach.

But we shouldn’t lose sight of the holiday’s deeper meaning. Labor Day celebrates employees’ “freedom of association,” our right to choose the workplace best suited to us.

Unfortunately, workplace freedom is not a reality in one part of the country: Union America. Less than 10 percent of union members ever voted for the union currently “representing” them. The few who did were never guaranteed a secret ballot election. Moreover, union members are not guaranteed recertification elections once a union is in power, leaving them with little opportunity to re-vote on union representation — even when the workforce turns over and the original voters are gone.

The problem stems from outdated labor laws. American labor law has not been substantially updated since the 1947 Taft-Hartley Act, which outlined unfair labor practices to protect employers and employees from union harassment. Despite the best of intentions, 70 years later, labor unions continue to exploit the status quo to maintain their stranglehold on the workplace.

This has a profound effect on American politics. The Center for Union Facts estimates that, in the last decade, union leadership has sent more than $1 billion collected without prior permission from member dues to the Democratic Party and liberal special interests — 99 percent of Big Labor’s political advocacy budget.

In 2016, union advocacy took a decidedly anti-Trump turn. The AFL-CIO, National Education Association and other unions sent more than $814,000 to the left-wing Center for American Progress without member approval. The group promotes the website ResistanceNearMe.org to “resist [President] Trump’s harmful agenda.” David Brock’s American Bridge 21st Century received $485,000 in hijacked member dues to “hold Republicans accountable.”

When 40 percent of union household members vote Republican, you’re looking at a problem best described as immoral. In 2016, 43 percent of union household voters supported President Trump. Yet union leadership continues to bankroll the anti-Trump agenda on the worker’s dime.

While union members must affirmatively agree to their monthly dues being used for candidate campaign contributions, the same is not true of financial support to political advocacy groups. By classifying these political expenditures as “representational activities,” union officials can use member dues to finance a political agenda without employees even knowing about it.

Now you know why union elites are wildly unpopular. According to a 2017 Gallup poll, only 28 percent of Americans have “a great deal” or “quite a lot” of confidence in organized labor. Even fewer current and former union members (25 percent) are supportive of union leadership.

Labor reform is the best way to help employees. The Employee Rights Act would update American labor law to protect employees from union overreach. The ERA would guarantee secret ballot union elections and scheduled recertification votes after substantial workforce turnover. It would also prevent union officials from spending member dues on political advocacy without first obtaining employee permission.

As you might expect, labor reform polls exceptionally well. National and regional polls show that 80 percent of union household members support the ERA’s key provisions.

Congress should act on its popular mandate and pass the Employee Rights Act. Another Labor Day without labor reform is another missed opportunity to protect working Americans.

Richard Berman is executive director of the Center for Union Facts.

This article was originally published by the Orange County Register

Taxpayers pay for lobbying in Sacramento

Pension moneyThe latest lobbying reports are out in Sacramento, showing how much special interests are spending to influence lawmakers. After reading the reports, you can’t blame taxpayers for feeling like the man who has been unjustly condemned to the gallows and is compelled to pay for the rope that will hang him.

When asked who spends the most currying favor with members of the Legislature, many folks will say “Big Oil” or maybe drug or insurance companies. Not even close. Those who name government employee unions as the big spenders would be wrong, too, but at least they would be getting warmer. (Unions, which thrive on involuntary “contributions,” have a huge influence on the activities of the biggest spender of all).

Far and away, the lobbying champs are California’s myriad of local governments. Through the first six months of this year, cities, counties, schools and other special districts have spent $24.3 million on influencing Sacramento lawmakers. And it is a safe bet that these governments are not spending this taxpayer money to promote tax cuts for average citizens. In fact, in many cases, they are spending tax dollars to advance their objective of wringing even more out of already beleaguered taxpayers.

Local government officials use high-sounding rhetoric to justify not spending these millions of dollars on fixing potholes, hiring first responders or addressing other pressing needs of the local community. To best serve their constituents, they will argue, it is important that they have a voice in lawmaking that may impact local jurisdictions.

Closer to the truth would be that local governments want to make sure they get a share of the “spoils” in our very high-tax state. And sometimes they seek more than a share of state revenue, they want special exemptions to allow them to increase local taxes beyond what state law allows.

A number of jurisdictions have sought and received exemptions from laws limiting the local sales tax, and in one case, nine Bay Area counties asked for, and received, an OK to create a huge taxing district to impose a parcel property tax on all residents, even though some lived many miles from the improvements for which they are being charged.

However, one of the motivators that keeps local government officials constantly scrounging for more revenue is, just like their brethren in Sacramento, so many are beholden to the most powerful political force in California, the government employee unions. Just like many state legislators, they owe their election to union support. These unions provide campaign cash and boots on the ground in election season. So, when it is time to sit down and discuss pay, the unions are represented on both sides of the table and taxpayers, if they are considered at all, are an afterthought.

With this constant pressure to raise funds for pay, benefits and pensions for local government workers, it should come as no surprise that local officials are willing to spend millions in the hope that state government will funnel more money back into local coffers and smooth the way for increasing the already exorbitant taxes locals are paying. Of course, savvy taxpayers understand that debates about where tax money comes from — be it state, local or even federal dollars — are a ruse. Every penny comes from the same location, our pockets.

The question local taxpayers must decide is whether or not money that could be used to solve local problems should continue to be spent “wining and dining” the Sacramento politicians. Certainly, the government employee unions think that this investment in Sacramento by local officials is a good deal for them.

Jon Coupal is the president of Howard Jarvis Taxpayers Association.

This article was originally published by CalWatchdog.com

Legislature’s scary precedent: Giving unions private workers’ cell numbers, home addresses

Even those Capitol observers who are aware of the degree to which the Democratic-controlled Legislature is in the tank for public-sector unions might be shocked by the latest bill that’s making its way to the governor’s office.

Legislators are about to require that private-sector workers in the home-care industry provide a wide range of personal information – home address, email contact, cellphone number – to any labor organization that wants it. Those unions would then be free, at their discretion, to pester these workers into joining the union.

seiu unionThe bill only affects one industry, but the precedent is clear. How long before an ever-expanding list of private workers in California are subject to union organizers showing up at their doorstep and contacting them on their private emails and cell phones? The Service Employees International Union (SEIU) has already been able to unionize home healthcare workers receiving government payments to care for a loved one. Clearly, SEIU is expanding its horizons.

In fact, the bill apparently is such a priority to the Democratic leadership that Senate President Pro Tempore Kevin de Leon, D-Los Angeles, recently stacked the Human Services Committee with three new Democratic members to assure its passage. It’s a highly unusual move to expand the size of a committee to assure passage of particular legislation.

Assembly Bill 1513 ostensibly is designed to improve the licensure and regulation of home-care organizations – companies that provide aides to the homes of sick, disabled or elderly people to help them with laundry, cooking, showers and other basic needs.

The state already requires aides to pass background checks, receive necessary training and register with the California Department of Social Services to help combat abuse. The aides must already provide their personal information to the state government. Clients can search an existing database to double-check the backgrounds of those who provide such work in their homes.

This new Home Care Services Consumer Protection Act claims to improve home health services by allowing “home care aides the opportunity to benefit from information, resources and more,” according to Assemblyman Ash Kalra, D-San Jose. But the real purpose is to let the bill’s sponsor, SEIU, gain personal information for organizing purposes.

There’s no need to speculate about the goal here. The previous version of the bill required employees to provide their personal information to the state, which would then provide the information “to a governmental or non-profit entity that provides training, educational classes, and other specified services …” upon that entity’s request.

The newly amended bill requires “a copy of a registered home care aide’s name, mailing address, cellular telephone number, and email address on file with the department to be made available, upon request, to a labor organization.” The labor unions would be free to use the information for “employee organizing, representation and assistance activities.” That provides wide latitude with few restrictions.

The bill includes an “opt out” mechanism, but that doesn’t offer much protection. A home-care worker would need to go through the trouble of trying to keep personal information out of the union’s grasp. And we’ve seen the problems with such a system in the current union dues-paying system.

A 1977 U.S. Supreme Court ruling allows public employees to opt out of paying those portions of their dues that are used for direct political purposes. But employees who want to opt out often complain about the difficult and convoluted process of doing so. Obviously, unions – and the state government – have no reason to make such a process easy.

This bill is nothing more than a union-organizing ploy. Again, the state government already has all the requisite personal information of those who provide home-care services. The public can search that information using an employee number. We’re talking about private employees of private companies working for private people. This is different from the Medicaid-funded In-Home Supportive Services (IHSS) system.

Legislators also have recently passed two bills, as this writer detailed for the California Policy Center, that provide public-sector unions with unfettered on-the-job access to teachers and other government workers in order to provide seminars about union membership. That legislation is a pre-emptive effort in case the U.S. Supreme Court, as some expect, strikes down mandatory union membership. A.B. 1513 is even more noxious because it gives unions a right to contact employees of private companies outside of the job site.

The bill also undermines a compromise that was hammered out between unions, legislators and Gov. Jerry Brown in 2013. That’s when the Legislature passed the previous version of the Home Care Services Consumer Protection Act to require the licensing and regulation of the private home-care industry. Unions had pushed for the inclusion of personal employee information back then, but concerns about privacy scuttled that idea.

Now they’re back for the same thing again and are likely to get the bill through because of De Leon’s committee-packing efforts. De Leon removed Sen. Josh Newman, D-Fullerton, and added Democratic Sens. Connie Leyva of Chino, Mike McGuire of Healdsburg and Anthony Portantino of La Cañada-Flintridge. Newman is facing a recall, so this takes him off of the hot seat on a controversial union vote in conservative-leaning Orange County.

Ironically, Democratic legislators often have tried to enhance the privacy of public employees with a variety of bills. Yet when it comes to private-sector employees, the Legislature is more than happy to let union organizers know exactly where they live – and even have access to their cell-phone numbers and email addresses.

“A.B. 1513 is clearly just a labor grab, and will do nothing more than boost unions’ membership rolls and bottom line at the expense of home care aides and the frail elderly and disabled individuals they serve,” said Trevor O’Neil, president of Colonial Home Care Services in Orange and co-chairman of the Home Care Association of America, California chapter. “Home care is an out-of-pocket expense, and any mandated increases to employee pay and benefits will result in higher prices for people who depend upon these services to remain in their homes.”

That’s for sure. But even worse – home-care workers could now be subject to unwanted visits from Nick the Union Organizer. And how long will it be before other unions follow this lead and coerce the Legislature to hand over your personal information?

Steven Greenhut is a contributing editor to the California Policy Center. He is Western region director for the R Street Institute. Write to him at sgreenhut@rstreet.org.

This article was originally published by the California Policy Center

What if California’s Government Never Unionized?

UnionA story that still makes the rounds in Sacramento is that Gov. Jerry Brown, speaking off-the-record to a group of business leaders back around 2009, admitted that the worst political decision of his life was signing legislation to permit public employees to form unions and engage in collective bargaining.

Whether or not Gov. Brown actually said this, it is tantalizing to wonder what California would be like if over 1 million state and local government workers did NOT belong to a labor union. How would things be different?

Perhaps the biggest casualties of public employee unionization are California’s public schools. In 1975 the California Teachers Association (thanks to Brown signing the Educational Employment Relations Act) transitioned from being a professional association into a labor union. The negative consequences are far reaching.

The obvious way that unionizing teachers harms public education are the many work rules that have been negotiated. It is nearly impossible to fire a teacher for poor performance, instead – as was argued in the Vergara case, bad teachers get transferred to schools in disadvantaged communities where competent teachers are most needed. When layoffs occur, seniority is prioritized over merit. And tenure, i.e., lifetime employment – a concept originally developed in universities to protect free scientific inquiry –  is granted K-12 teachers after less than two full years of classroom evaluation. All of this guarantees that California’s public schools do NOT have the caliber of educators they could, and union work rules are the reason why.

The less obvious ways unionizing teachers have harmed public education are equally significant. The rhetorical focus of unions is inherently adversarial. Us vs. them. Worker vs. oppressor. In California this rhetoric has been politicized by the left-wing activists who dominate the positions of leadership in the teachers unions. From the top down, it permeates public education, indoctrinating teachers and students with a one-sided, confrontational world view. Students are taught that Western Civilization is the villain of history, that “people of color” are always discriminated against, that “gender” is arbitrary, and that authoritarian solutions are necessary to protect the environment. Almost none of this is true, but nearly two generations of Californian voters were immersed with this propaganda throughout their K-12 years.

Union work rules haven’t just protected bad teachers while driving good ones out of the profession. This is true throughout the public sector, from teachers to public safety to bureaucrats. And thanks to unions, pay is not only disconnected from performance, but the rate of pay has gone out of control. California’s public servants, on average, now collect pay and benefits that are twice what a private sector worker earns for full time work.

Public sector benefits are even more out of control than public sector pay – a public sector retiree in California after a 30 year career can expect a pension that is 26 percent more than private sector workers still on the job; four-times what the average retiree can expect from Social Security.

Other than driving California’s cities, counties and state government to the brink of bankruptcy, and nearly destroying our system of public education, what are the other consequences of unionized government? That answer is simple – they have taken political control of every supposed democratic institution in the state. Their political spending – they collect and spend over $1 billion in dues every year – dwarfs that of any other special interest. Their financial clout over politicians, combined with their influence over thousands of career operatives throughout the state’s regulatory agencies, force all other special interests to go through them. If you want legislation passed, you have to make deals with the government unions.

The core moral principle of unions, collectively standing up to oppression, is perverted in the public sector. Government workers, if anything, are tools of oppression, not victims of it. As it is they have set up two classes of citizens in California. Unionized government workers have job security, health security, retirement security, and pay scales that help to exempt them from the consequences of a politically contrived, punitively high cost of living. And then there are private sector workers, who have none of these privileges, yet pay the taxes to support this.

Unionized government protects its own interests before the public interest. It destroys public financial health, it undermines democracy, but worst of all, it takes away the sense of shared fate that is perhaps the most essential precondition for good government.

Imagine California without government unions. Public education would work because teachers and administrators could be held accountable. Policies to create prosperity and abundance would be endorsed by all voters, because all voters would share in the benefits. Government agencies at all levels would be lean and efficient because a billion dollar per year lobby perpetually favoring bigger government would not exist. Oligarchs and authoritarians would not have access to an omnipotent broker controlling the levers of power, which they could cozy up to for the benefit of the few, to the detriment of the many.

Ed Ring is the vice president of policy research for the California Policy Center.

This piece was originally published by UnionWatch.org

Don’t bet the house against the law of demand

Unions22016’s edition of Labor Day followed a well-established tradition — unions claiming credit for every worker gain. Among their most common assertions, often incorporated in attributing negative wage trends to eroding union power, was that unions raise all workers’ wages. Unfortunately, unions retard rather than raise others’ real earning power.

Unions leverage special government-granted powers (e.g., unique exemption from antitrust laws) allowing current employees to prevent competition from others willing to do the same work for less, a form of collusion that, done by any business, would be legally prosecuted.

The higher union wages that result are then credited for raising all workers’ wages because they supposedly force up other employers’ wages to keep their workers from leaving for those better-paying alternatives. However, their claim cannot be true without violating the law of demand.

Higher wages from unions’ government-imposed monopoly power would push up others’ wages only if it increased the number of such high paying jobs. The reason is that employers need only outbid employees’ actual options to retain them. But by artificially forcing up the cost of hiring their workers, unions reduce rather than increase the number of such jobs offered by employers, reflecting the reduced output consumers will buy at the higher costs and prices that result. Instead of improving the alternatives available to non-union workers, they are worsened, as the displaced workers are forced into competition with others for non-union jobs.

Those displaced workers increase the labor supply for non-union employment. That pushes wages for all workers in those jobs down, not up. Consequently, union wage premiums do not benefit all workers, but come primarily from other workers’ pockets.

With only about 7 percent of America’s private sector workforce remaining unionized, union power therefore cuts the real incomes of 13 out of 14 workers. And since unions also hike government service costs directly, as well as through other cost-increasing policies (e.g., the Davis-Bacon Act and Project Labor Agreements) which big labor’s political clout has pushed through, all other workers are also harmed as taxpayers.

Unions have also used the same “big lie” technique of constantly repeating the opposite of the truth as fact in other areas. For example, aware that their monopoly power to exclude competing workers stops at the border, unions have long been the core backers of protectionism. They focus their attention on those getting special protection, then assert that their benefits will also spread throughout the economy to benefit others. But they ignore protectionism’s much larger harms — to all other workers who would have gained from expanded exports; to all other workers who, as consumers, have their access to lower cost and superior imports (and domestic production forced to compete with it) restricted; and to all other workers adversely affected by the reduction in real wealth and income produced by domestic protectionism and induced foreign protectionist responses.

Given that Labor Day has been considered the traditional start of “serious” presidential campaigning, it is an appropriate time to remember just how damaging unions’ “big lie” strategy is. Its illogical twist can derail accurate understanding of the harm unions impose on almost all Americans, offering a sobering reminder that “It ain’t ignorance that does the most damage; its knowing so derned much that ain’t so.” After all, when people know they are ignorant of important variables that bear on their decisions, they usually don’t bet the house on them, but when they think they know what is false to be true, they often lose the house. And a lot of American houses are on the line this November.

Gary M. Galles is a professor of economics at Pepperdine University, an adjunct scholar at the Ludwig von Mises Institute, a research associate of the Independent Institute, and a member of the FEE faculty network. His most books are Faulty Premises, Faulty Policies (2014) and Lines of Liberty (2016).

How Government Unions are Hypocrites that Betray the Public

UnionGovernment unions are not unions in any traditional sense of the word. They elect the bosses they “negotiate” with. They are paid through compulsory taxes rather than via a company that has to earn a profit in the competitive market. And they operate the machinery of government which allows them extraordinary latitude to intimidate any business interests who may challenge their agenda.

Among the informed, these assertions are beyond serious debate. Even supporters of government unions acknowledge them – just not on the record. But to inform the public, it is probably too abstract to question the legitimacy of government unions because they “elect their own bosses,” “use taxpayers money instead of earned profits” or “control the bureaucracy.” Perhaps instead it is better to explain how union control of government harms people in their everyday lives.

To that end, here is a partial list of how the actions of government unions contradict their rhetoric, and betray the public they are supposed to serve:

(1) Demonizing “Profits.” From the classroom teacher to the professionally prepared press release, the rhetoric of government unions promotes the idea that “corporate profits” are unjust. The academic focus from primary school through public universities is invariably swayed, thanks to government unions, to challenge the capitalist system. Yet without profits there are no tax revenues. Governments survive financially because corporations make profits. Government unions support legislation that has made California the toughest state in the U.S. to do business. The impact: Brainwashed youth, and fewer successful companies offering fewer good jobs.

(2)  Demonizing “Millionaires and Billionaires.” Government union rhetoric frequently resorts to accusing anyone who wants to expose their destructive hypocrisy as funded by “millionaires and billionaires,” as if that should automatically nullify their arguments. These unions have carefully nurtured a public hostility and resentment towards individual wealth. The problem, however, is that almost anyone who retires after a full career in public service is a millionaire – often many times over. The average full career pension for California’s state and local government workers is over $70,000 per year. The ordinary private sector worker would have to save at least $1.5 million to generate a $70,000 annuity for the rest of their life – with no guarantees. The impact: Higher taxes and reduced services to support government worker pensions that make them all millionaires, leaving the rest of us behind to pay for it.

(3) Defending “Working Families.” That is one of the mantras of the government unions. Fighting for the “working families.” But how does this work in reality? California is one of the hardest states to practice a profession or trade. Certifications and licenses require prohibitive amounts of time and money, excluding the most deserving, aspiring citizens. Workman’s Compensation insurance rates are among the highest in the U.S., making it much harder for small companies to compete and grow their businesses. Crippling regulations. Absurdly time consuming and expensive permitting processes. The impact: Reduced upward mobility, far less opportunities for low income entrepreneurs.

(4) Always “For the Children.” The level of hypocrisy here almost defies description. Government unions have imposed their agenda on education, turning public schools into propaganda mills, indoctrinating students to believe their success or failure in life is primarily determined by whether or not they have “privilege,” and whether or not the state provides sufficient benefits, instead of teaching them the skills they will need to succeed in life on their own. Government unions have defeated any meaningful attempts to hold teachers accountable, or allow principals and superintendents to effectively manage. What they have done to California’s rising generation of students can be accurately characterized as child abuse. The impact: A generation of Californians who are unprepared to assume the responsibilities of adulthood.

(5) Respect for “Contracts.” The selective moral outrage mustered by government unions when it comes to “contracts” is exemplified by their response to pension reformers who want to lower the pension benefit formulas – just for work to be performed in the future. Because back in 1999, these same unions lobbied successfully to raise pension benefit formulas not just from then on, but back to the day each active government worker began their career. According to the same body of California contract law, they claim these retroactive benefit increases were justified, yet they fight – and win – in court whenever anyone tries to decrease these same benefits only from now on. The impact: Taxpayers are condemned to bail out these financially unsustainable pensions.

(6)  Fighting “Big Money in Politics.” The problem with this ersatz fight by government unions is simple: In state and local elections in California, nobody spends as much money as government unions. Just government unions, just in California, collect and spend over $1.0 billion per year in dues. About one-third of that, nearly $700 million every election cycle, is spend explicitly on politics and lobbying. An equal share probably goes to public education campaigns designed to promote the government union agenda. There is no special interest anywhere with the means, much less the desire, to challenge these unions. They are active in every political contest, no matter how small or how big, with access to as much cash as they need. The impact: Unions are the “big money in politics,” and their interests trump the public interest.

(7) Fighting “Big Business.” By now it should be clear enough – “big business” has no interest in challenging government unions. They collude instead, in a partnership where the government unions – who control legislation that will either favor or thwart business interests – are the dominant partner. And why shouldn’t big business partner with government unions? When oppressive regulations drive innovative competitors out of business, the monopolistic established corporations have the financial resources to comply. Why not let excessive government regulations destroy the competition? The impact: Less innovation, fewer new jobs, higher prices to consumers.

(8) Fighting “Wall Street.” This is the most ridiculous claim of all by government unions. Because when government unions successfully negotiate pay, benefit and hiring decisions that cause government deficits, Wall Street firms make billions underwriting new bond issues. And when government unions negotiate pension benefit enhancements, the union controlled pension funds invest even more money with Wall Street firms including hedge funds and private equity funds. Government is Wall Street’s biggest customer. The Wall Street influenced policies that have destroyed the ability of ordinary Americans to save for retirement or buy an affordable home have been a boon to the super rich and the pension funds. The impact: The government union alliance with Wall Street is a major factor in the hollowing out of America’s middle class.

The fact that most Californians still don’t understand the difference between government unions and private sector unions should come as no surprise. Government unions have spent literally billions of dollars over the past decades, hiring the best professional public relations talent in the world, to convince Californians they are on their side. But they’re not. Quite the contrary. Their hypocrisy is only matched by their corrosive impact on our economy, our freedom, and our democracy.

*   *   *

Ed Ring is the president of the California Policy Center.

Teachers Union’s New Gambit to Cheat Taxpayers Annually

Teachers unionCalifornia is a fabulous place. Fantastic weather, fertile fields, glorious mountains and a thousand mile coastline have long beckoned many to the Golden State.

And then there is the state legislature.

This law-making body is very far from fabulous. Its main activities in our one-party state are taxing, spending and regulating our business community, workers and economy to death. Additionally, many of its members are in the pocket of the California Teachers Association, which is by far the biggest political spender in the state, unleashing $290 million on candidates and causes between 2000 and 2013.

The latest legislative sop to the unions is AB 2835, a CTA-co-sponsored bill that, if it passes, will force local governments, including school districts, to provide 30-minute in-person orientations, paid for by the taxpayer, to each and every new public employee during work hours within the first two months of their being hired. But as pointed out by several government officials in a piece that ran in the East Bay Times recently, cities, counties and special districts already do that, spending “the better part of a full day educating new employees on the benefits available to them, policies on harassment and violence, and how to respond to possibly harmful workplace situations. Our employees begin their public service with the knowledge they need to serve their communities.”

However, AB 2835 goes way beyond that, requiring local governments to set aside half of an hour – within the first hour of any orientation it provides – for each union representing public employees to speak, with almost no restrictions, to new employees. “It won’t matter if local governments are using an online or video orientation to maximize tax dollars and avoid unnecessary travel expenses. It won’t matter if a police officer or firefighter should be on-call to respond to emergencies instead of meeting with his or her union representative. Every employee. In-person. Thirty minutes during the first hour of an orientation. Every time.”

This requirement would place an enormous administrative burden on government, and it won’t come cheap. The California State Department of Finance has estimated that the mandate would cost taxpayers “more than $70 million annually for local governments and more than $280 million annually for school districts.”

AB 2835 would especially pose logistical problems for schools because the 30 minute orientation sessions would be held during the work day. Colleges, which have numerous collective bargaining units, would be especially affected.  As the Association of California Community College Administrators points out, allowing each collective bargaining unit 30 minutes to make a presentation, “will result in a significant length of time, which will require colleges to hire additional staff to cover classes and other critical campus safety services during the orientations.”

Not surprisingly, the bill is backed by a gaggle of labor organizations. In addition to CTA, the California Faculty Association, California Nurses Association and SEIU are behind it. The opposition includes the California School Boards Association, the League of California Cities and the Association of California School Administrators.

Just as onerous as the cost and disruptiveness will be the quality of the orientation session. This is going to be a hard sales pitch, plain and simple. Or, in less polite terms, indoctrination. I guarantee that the results of a study released in April by the Heritage Foundation – which found that between 1957 and 2011, mandatory collective bargaining costs a family of four between $2,300 and $3,000 a year – will not be a topic of discussion.

Also missing from the pitch will be a recent study by Cornell researcher Michael Lovenheim. He found that “laws requiring school districts to engage in collective bargaining with teachers unions lead students to be less successful in the labor market in adulthood. Students who spent all 12 years of grade school in a state with a duty-to-bargain law earned an average of $795 less per year and worked half an hour less per week as adults than students who were not exposed to collective-bargaining laws.”

Will the orientation stress that collective bargaining creates significant potential for polarization between employees and managers? Or that it decreases flexibility and requires longer time needed for decision making? Or that it protects the status quo, thereby inhibiting innovation and change? Or that it restricts management’s ability to deal directly with individual employees? Nah.

AB 2835 was birthed when CTA leaders were frightened that the Friedrichs decision was going to go against them and decided they needed to deliver a sales pitch to teachers who would no longer be forced to pay money to the union as a condition of employment. But with Antonin Scalia’s death and the Supreme Court’s subsequent refusal to rehear the case, this bill is irrelevant; CTA and the smaller California Federation of Teachers still have a captive audience. Just about every public school teacher in the state will continue to be forced to pay a union if they want a job in a public school. But if CTA and other unions still insist on trying to convince prospective members of their value, they should do it after hours and not ding the taxpayer in the process.

The bill sailed through the California State Assembly and now rests in the State Senate where it must be voted on by August 31sttomorrow, for it to become law. So, if you live in the Beholden State, please contact your state senator immediately and keep your fingers crossed. And should the bill become law, prepare for even more money to be transferred from your wallet to the unions’ already healthy coffers.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

This piece was originally published by UnionWatch.org

L.A Teachers Head Ready to Incite a ‘State Crisis’ If Union Demands Not Met

UTLA Alex Caputo PearlAlex Caputo-Pearl is the president of United Teachers Los Angeles, a union that has a long and storied history of discarding presidents elected as firebrands but who reign as defenders of the status quo. Caputo-Pearl seems determined to end that cycle and bring teacher union militancy to the entire state of California.

In a July 29 speech to at the UTLA Leadership Conference, Caputo-Pearl outlined the union’s plans as it readies for the expiration of its contract next year and a gubernatorial election in 2018.

“The next year-and-a-half must be founded upon building our capacity to strike, and our capacity to create a state crisis, in early 2018,” Caputo-Pearl told an audience of 800 activists. “There simply may be no other way to protect our health benefits and to shock the system into investing in the civic institution of public education.”

While it’s not clear what form a “state crisis” would take, Caputo-Pearl described a series of actions the union will undertake in coming months, beginning with a paid media campaign in September denouncing “billionaires … driving the public school agenda” and a “massive” political mobilization to ensure the November passage of Proposition 55, which would extend a 2012 measure that raised taxes on high-earning residents to fund schools.

UTLA will then set its sights on the next Los Angeles Unified School District board elections.

“We must face off against the billionaires again in the School Board elections of 2017, and WE MUST WIN,” Caputo-Pearl said, explaining that the next board would vote on a new contract. The union needed to help elect a board that would resist a “vigorous campaign to cut our benefits” by district leaders, he suggested.

But Caputo-Pearl isn’t content to shape LAUSD’s agenda. He hopes to organize the entire state.

“All of the unions representing LAUSD workers and the teachers unions in San Diego, San Bernardino, Oakland, and San Francisco share our June 2017 contract expiration date,” he said. “We have an historic opportunity to lead a coordinated bargaining effort across the state.

“Coordinated action could dramatically increase pressure on the legislature and fundamentally shape the debate in the 2018 Governor’s race.”

Caputo-Pearl stopped short of calling for a multi-city teacher strike, but pointing to a common contract expiration date that enabled “coordinated action” put it on the table.

The UTLA president had another white whale to harpoon: Proposition 13, the state’s iconic 1978 initiative that capped property tax rates. Caputo-Pearl said he wanted to revive the union-backed “Make It Fair” campaign that sought to hike taxes on commercial property.

UTLA is in position to pursue an aggressive agenda because of itssuccessful internal campaign to raise dues by 33 percent earlier this year and new joint affiliation with the National Education Association and the American Federation of Teachers. Now the union will launch an internal campaign to solicit more money from members in the form of PAC contributions, Caputo-Pearl said. Currently only about 20 percent of UTLA members donate to its PAC.

There will of course be organized opposition to Caputo-Pearl’s vision for the future, and some of it may come from his own parent unions. While UTLA is by far the largest local of both the state NEA and AFT branches — the California Teachers Association and the California Federation of Teachers, respectively — these unions have their own officers and elected bodies that represent members throughout the state. Even if they agree with most of Caputo-Pearl’s agenda, they may be wary of his ambition. Their leaders might remember that former UTLA president Wayne Johnson rode a 1989 teacher strike all the way to the presidency of CTA.

Caputo’s broad themes were underscored by a guest speaker: Karen Lewis, president of the Chicago Teachers Union and idol of advocates for more muscular union activism. She argued that teachers need to organize across district, state, and even union boundaries, telling conference attendees, “we cannot do this work alone, and we cannot do this work in isolation from one another.”

If UTLA’s agenda becomes the agenda of all California teacher unions and is ultimately successful, the union militancy train will leave the West Coast and travel through many other states. Union leaders comfortably situated in the status quo will have to jump aboard or get run over.

This piece was originally published by the74million.org

Quality Education Remains Thwarted by Teachers Unions

shocked-kid-apAn article in today’s American Prospect, of all places, offers an in-depth look at just how little progress has actually been made toward restoring quality education to California’s public school students. Because the article appears in a publication that is “dedicated to American liberalism,” and because “American liberalism” depends more than anything else on billions in annual political contributions from government unions, you almost have to read between the lines to realize who the bad guys are.

Nonetheless, “California’s Ed Reform Wars,” by Rachel Cohen, all 3,200 words of it, is a fine piece of work. Read it closely, if you can stomach the facts. The bad guys – a matter of opinion, of course – are the government unions. The victims? California’s students, and the future of this great state.

Covered first is the uncertain fate of the Vergara case, funded by wealthy activists – many of them liberals – in the Silicon Valley. The plaintiffs are public school students whose case was founded on the argument that union work rules, specifically the policies governing tenure, layoff and dismissal policies, cause disproportionate harm to students in low-income communities. During round one, two years ago in a Los Angeles courtroom, reformers were mesmerized by the brilliant closing arguments of the lead attorney for the plaintiffs, along with the ruling by the judge in the case, who emphatically agreed.

That was then. In April of this year, by a 3-0 vote, the California Court of Appeals unanimously struck down the original Vergara v. California decision. The case will now go to the California Supreme Court. Its chances aren’t great.

But shouldn’t elected officials, not the courts, make policy decisions? In a perfect world, that would certainly be true, but in California’s state Legislature, as Cohen herself writes, “Following the original Vergara decision, Republican lawmakers introduced a package of three bills to extend the time it would take a teacher to earn tenure, to repeal the “last-in, first-out” statute that makes layoff decisions based on seniority, and to establish an annual teacher evaluation system. These bills, however, got nowhere in the Democratic-controlled statehouse.”

Here’s where the story gets interesting. Because then a democratic assemblywoman who takes money from government unions, Susan Bonilla, tried to push legislation through that might reform at least some of the employment statutes that protect bad teachers. Cohen writes:

“Bonilla proposed, among other things, giving principals the option of waiting until a teacher’s third or fourth year to grant tenure, and placing poorly performing teachers in a program that would provide increased professional support. If the ineffective teacher received another low performance rating after a year in this program, Bonilla’s legislation would enable schools to fire the teacher through an expedited process.”

Might that be watered down enough? Might that not have a chance? For the children?

Forget it. Despite endorsements including one from the editorial board of the Los Angeles Times, the teachers union issued an “action alert” to their members, calling the bill “an all-out assault” by “corporate millionaires and special interests.” The bill was going to go nowhere in California’s union-controlled legislature. So Bonilla tried again. As Cohen reports:

“In June, Bonilla introduced an amended version of her bill, one that would require new teachers to work for three years before becoming eligible for tenure. Her bill no longer included provisions to create a new teacher evaluation system, to require teachers with poor performance reviews to be laid off before those with less seniority, and to remove many of the dismissal rules that administrators found frustrating.”

Not much left there. Just a bill to marginally extend the probationary period before teachers acquire tenure. But still it was opposed by the unions, and it died in committee by a vote of 9 to 2. The two legislators who voted in favor were due to be termed out and therefore could vote their consciences.

When it comes to government unions, perhaps the teachers union most of all, the lack of support for bipartisan reform is not a mystery. Government unions in California collect and spend over $1 billion each year, which gives them the ability to financially dominate any election, anytime, anywhere, whenever they choose. But there’s more to it. These unions use their financial and organizational power to anoint not only politicians, but also bureaucrats, teachers, and anyone in the business community who may have any need to work with the government bureaucracy. They can anoint, or they can target. Best friend or worst enemy? Take your pick.

Liberals know this, but they tolerate the teachers union because along with all that money the union gives their candidates, the union political agenda matches their own – bigger government, more regulations. They don’t understand, course, that more regulations favor big business and destroy entrepreneurs who deliver the competitive innovations that have improved our lives. And they certainly don’t put enough importance on innovation in education.

Someday liberals may care enough “for the children” to stand up to the teachers union. Don’t hold your breath.

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Ed Ring is the president of the California Policy Center.