Washington’s public unions fight to retain influence in face of adverse court ruling
That's a signature accomplishment for Kruse, an energetic and charismatic leader who assumed the reins of the 535-member organization in 2011.
Yet, on a gray March night in
That would be Janus v.
SIGN UP
"For so long we just assumed everyone signed their membership form and it was great," Kruse said. She called Janus a "wake-up call."
In the case, many predict the court, which leans conservative, will strike a blow to public-sector union power by stopping the practice of charging so-called "fair share" fees to people who don't belong to the union.
In states without "right-to-work" laws, nonmembers in a union-represented workplace can be required to pay fees that bankroll the cost of collective bargaining with the government.
An end to fair-share fees, or agency fees, would make the public sector in
Right-to-work systems are now in place in 28 states. Extending those rules would be a welcome outcome for some.
"We think, though, that the choice should be completely voluntary and transparently presented to that employee," Nelsen said.
Pro-labor groups say nonmembers should pay for bargaining costs because they benefit even if they're not in the union. Without money from agency fees, unions could lose collective-bargaining strength, staff and leverage as they try and push for contracts that favor their workers.
The case also could cut into the influential lobbying and election organizing of labor groups. Currently nonmembers don't have to pay for political dues, but full-fledged members do.
A study released Wednesday by
The research predicts a national right-to-work ruling would cut union membership in state and local government around the country by 8.2 percent -- a loss of 726,000 union members over time. Public school teacher unions could see membership drop 4.8 percent, according to the study.
"The ultimate effect is going to be the institution itself is going to be weakened," Bruno said of public unions. "That will make it harder for it to grow. That will disincentivize people from wanting to be part of it."
Potential effects of Janus
Anti-union groups have long opposed mandatory agency fees, saying they violate free speech protections and the right to free association. Despite those objections, the
Opinions on the court appear to have changed since then.
In the 2014 case Harris v. Quinn, the
Then in 2016, a case nearly identical to Janus related to full-fledged public employees made it to the
The case deadlocked 4-4.
With Trump appointee
The main plaintiff in the case is
WFSE represents roughly 43,000 people and has nearly 36,000 full-fledged members. About 5,500 people are nonmembers who pay only agency fees, according to
The study from
Nonmembers currently pay 1.17 percent of their gross monthly salary to WFSE with a maximum of
Based on those dues, WFSE could lose millions a year if current nonmembers stop paying agency fees and union enrollment drops. Welch said the union's annual budget is roughly
The hit also would be in the millions for the
The typical K-12 staff member in the WEA pays between
Still, most aren't spelling doom for
Devereux also said Janus won't be an unmanageable blow. He compared the union's numbers now to the roughly 20,000 they had in 1994 when he became executive director.
"Yes we could lose fee payers, we could lose some percentage of members," Devereux said. "But we're not going to go back down" to those levels.
WFSE even appears to be gaining steam in the face of the national right-to-work movement.
The percentage of agency fee payers in workplaces represented by the union has steadily dropped for years, according to data released to
In 2014, 17 percent of the people represented by WFSE were agency fee-paying nonmembers. In February of 2018, it was just under 13 percent.
Legal changes
Labor groups still have made an urgent push to bolster their ranks through the Legislature.
With Democratic control in the
Two bills in particular were prized wins for unions in the fight against Janus: Senate Bill 6229, which requires new public employees to meet with union representatives during orientation for at least 30 minutes; and House Bill 2751, which authorized involuntary deduction of union dues from new state workers unless they provide written notice that they wish to be nonmembers or religious objectors.
In debate over SB 6229,
The bill is similar to a law passed in
"This could go a long way to reduce people who would otherwise defect," Bruno said.
HB 2751 faced a tougher road in the Legislature before passing in February with only one
Rep.
For one, she said state workers might decide whether to join a union when they're first hired, but many of them don't come to understand the benefits of a union -- such as representation in situations where there's been a complaint or discipline -- until they're months or even years on the job. Then, when they need that benefit, they're not a member, she said.
She added that some hard-to-reach state workers in rural areas could get information about the union more easily if they're enrolled immediately and can always opt out if they don't like what they learn.
Stonier is a WEA member and union representative who works for
Most
In a House floor debate, Rep.
"I may give you some of my paycheck," Manweller said on the floor. "But is it too much to ask that you ask?"
Sen.
"The problem that they're trying to solve is Janus and the
Baumgartner, a frequent union critic, held hearings on right-to-work legislation when he chaired the
Gov.
He added he believes in agency fees.
"It just goes back to the fundamental concept of: 'People, if you're going to receive a benefit, why should you expect somebody else to have to pay for it?' " he said.
Selling the union
At Kruse's meeting in
In one scenario, a fictional woman named Kamala is concerned about paying union dues while saddled with student debt.
Asked what she would tell a new employee concerned about paying union dues, Kruse was succinct: "Honestly, I'm going to say this is the best investment of your lifetime."
"You are investing in solidarity, in your members, in your union," she said. "You're investing in the right to negotiate a fair pay. You are investing in smaller class size. Because without the union, you're not going to get those."
One alarm pro-labor groups have sounded with Janus is that it will hurt those wages and benefits in the long run. The
Conservatives often argue job growth is higher in right-to-work states and that such laws can increase wages -- claims with a mix of support and opposition from economists and researchers over the years.
One thing is certain: in the last few years, unions have racked up some wins for their members at the state
Teachers also got an increase in their minimum salary and a mandatory 10-percent salary raise after five years on the job, among other new benefits in 2017.
On a wider scale, the collective bargaining contracts approved by Inslee and the Legislature in 2017 gave most of the state's workers a 6-percent cost-of-living raise through 2019 and targeted higher raises for some.
Still, Devereux said, focusing on bargaining and legal changes in state government isn't enough to convince members to stay. He pointed to the struggle of unions in
That state passed anti-union legislation in 2011 that greatly restricted collective bargaining and cut benefits for state workers, but some of the blame for the decline of organized labor falls on union leaders, he said.
"In
Devereux said unions in
WFSE is doing far more outreach with current fee payers and convince them join -- a strategy Devereux said has proved successful already. The union also launched new metrics and data analysis to better organize.
New billboards around the state and bus advertisements in the South Sound have been part of their promotion strategy.
For Kruse, training, organizing and "being more intentional" about rallying union support is the key to softening the loss of agency fees and, potentially, more members.
She said they have also been preparing for years.
"We are ready to go the next step," Kruse said of Franklin Pierce's union. "We are together as one."
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