Tuesday, May 07, 2019

Abysmal, But Stereotypical, Behavior

While I've had one or two minor encounters with individual union reps, I've never had negative experiences with my local union itself.  Don't these people know they're going to lose, and don't they care how this makes them look?
A California educator is battling a state teachers' union over his problems leaving the organization, in what his attorneys say could be a precedent-setting legal case that ultimately forces labor unions across the country to reimburse billions in back dues to their members.

Tommy Few, a special education teacher at Sepulveda Middle School in Los Angeles’ San Fernando Valley, filed suit late last year against the United Teachers of Los Angeles – along with the Los Angeles Unified School District and California Attorney General Xavier Becerra – claiming his First Amendment rights to freedom of speech and association were violated when he tried to leave the UTLA following last summer’s Supreme Court ruling in Janus v. AFSCME.
I'd ask if they have no shame, but we already know the answer to that question.

3 comments:

Steve USMA '85 said...

Darren, not sure where I stand on this. Please explain your rationale as to why the union should refund all dues paid prior to the Janus decision? The SCOTUS has often declared something unconstitutional. Please cite precedence where someone sought and won redress from the time period it was considered constitutional?

For instance, certain types of execution has been declared unconstitutional by being cruel & unusual. I don't remember families suing for damages for those executed prior to the decision. Likewise, Roe v Wade, mothers didn't sue for support from the State for children they weren't allowed to abort.

So why should unions refund money they received in good faith that at the time was considered perfectly legal? And in your argument, can we go back generations? Can I sue on my mom's behalf to recover dues she paid back in the 60's? How far back is it retroactive?

Darren said...

They didn't let him leave *after* the Janus decision, that's why he's suing.

As to why they should refund prior paid dues, I don't think it'll happen. It's nice to put the unions on the defensive, though.

As to your question, the only thing I can think of related to changing laws is when certain laws are changed (e.g. drug laws), sometimes people who were convicted under the old laws will be released.

Steve USMA '85 said...

Putting them on the defensive is understandable. I couldn't fathom how they could win the past dues legally and thought you believed they could.