Wednesday, May 06, 2015

Bain v. CTA is the latest lawsuit to challenge teacher union hegemony.

Speaking of important, potentially-precedent-setting lawsuits in CA, here's Larry Sand on the latest one, called Bain, which StudentsFirst is behind (Michelle Rhee founded StudentsFirst, but it's now run by Jim Blew, who's great). Importantly, it is NOT challenging teachers' right to unionize; rather, the way in which unions coerce members to pay to political portion of their dues, whether they agree with what the union is doing politically or not:

For the third time in three years, a lawsuit has been filed in California that challenges the way the teachers unions do business. In May 2012, eight California public school children filed Vergara et al v. the State of California et al in an attempt to "strike down outdated state laws that prevent the recruitment, support and retention of effective teachers." Realizing that some of their most cherished work rules were in jeopardy, the California Teachers Association (CTA) and the California Federation of Teachers (CFT) chose to join the case as defendants in May 2013.

But three days before they signed on to Vergara, the unions were targeted again. On April 29, 2013, the Center for Individual Rights filed suit on behalf of ten California teachers against CTA and the National Education Association (NEA). The Friedrichs case challenges the constitutionality of California's agency shop law, which forces public school educators to pay dues to a teachers union whether they want to or not.

Now in April 2015, the teachers unions are facing yet another rebellion by some of its members.Bain et al v. CTA et al, a lawsuit brought by StudentsFirst, a Sacramento-based activist outfit founded by Michelle Rhee, was filed on behalf of four public school teachers in federal court in California. It challenges a union rule concerning members who refuse to pay the political portion of their dues. Contrary to what many believe, teachers are not forced to join a union as a condition of employment in California, but they are forced to pay dues. Most pay the full share, typically over $1,000 a year, but some opt out of paying the political or "non-chargeable" part, which brings their yearly outlay down to about $600. However, to become "agency fee payers," those teachers must resign from the union and relinquish most perks they had by being full dues-paying members. And this is at the heart of Bain.

Bain Explained

By Larry Sand On April 14, 2015 ยท 1 Comment

Bain v. CTA is the latest lawsuit to challenge teacher union hegemony.

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