https://www.city-journal.org/
The Supreme Court’s recent Janus decision ends mandatory fees for public-sector employees who don’t want to belong to a union. Previously, in 22 non-right-to-work states, such employees had to pay these fees for the union’s services on their behalf, which could include collective bargaining, but also a host of political activities to which many employees objected. Most of the debate in the case, appropriately, focused on legal questions, not the ramifications for higher education. Yet hundreds of thousands of professors teach at public universities in the 22 states affected by Janus; the example of one of New York’s largest higher-ed unions, the Professional Staff Congress (PSC), shows how relevant the Court’s ruling might prove to be.
In her Janus dissent, Justice Elena Kagan maintained that “everyone knows the difference between politicking and collective bargaining.” Yet a lawsuit against the PSC brought by my Brooklyn colleague, David Seidemann, demonstrated how difficult it is to draw these lines in the higher-education context. In a 2009 Second Circuit decision, a unanimous three-judge panel noted a lack of clarity about the PSC’s political expenditures in a wide variety of activities common to higher-ed unions—a contract campaign, donations to the parent union, lobbying of the state legislature, and paying salaries of union employees. (That the union listed political expenditures as office supplies, while claiming that a Woody Guthrie concert shouldn’t count as a political expense, did little to enhance its credibility.) The Second Circuit judges held that “courts must examine union activities carefully to ensure that dissenters are not charged for ideological undertakings not related to collective bargaining.” Rather than allow that careful examination of its expenditures to occur, the union settled with Seidemann.