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California teachers suing to end mandatory union dues
foxnews ^ | July 01, 2013/

Posted on 07/01/2013 7:54:01 AM PDT by george76

A group of California teachers is preparing for a Supreme Court battle to overturn forced union dues in a groundbreaking lawsuit filed in June.

For nearly three decades, the Supreme Court has allowed closed-shop unionism, in which public employees must pay dues to labor groups handling collective bargaining negotiations.

The Supreme Court established Beck Rights in 1988 allowing workers to opt out of union dues for political activities, while continuing to pay for union negotiating expenses. The teachers are hoping to take that battle one step further by putting an end to all coercive union dues.

(Excerpt) Read more at foxnews.com ...


TOPICS: Breaking News; Business/Economy; Crime/Corruption; Government; News/Current Events; US: California; US: Wisconsin
KEYWORDS: california; dues; nea; righttowork; teachers; teacherunions; union; uniondues; unions; wisconsin
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1 posted on 07/01/2013 7:54:01 AM PDT by george76
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To: george76

Walker/Cruz ‘16!


2 posted on 07/01/2013 7:58:11 AM PDT by txhurl (RNC 'voter suppression': attempting to limit each voter to ONE vote!)
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To: george76

Good luck to them. It will be an uphill battle with courts stacked with liberal Rats who get tens of millions in campaign contributions from unions.


3 posted on 07/01/2013 7:58:50 AM PDT by Blood of Tyrants (Inside every liberal and WOD defender is a totalitarian screaming to get out.)
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To: george76

BTTT

My former DIL is part of this group.


4 posted on 07/01/2013 8:03:50 AM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: george76

“it’s just a tax”


5 posted on 07/01/2013 8:06:13 AM PDT by SeeSharp
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To: george76
The plaintiffs are seeking a fast track to the 8th Circuit and the USSC.

This shows that they realistically do not hold out any hope of winning in the 9th Circuit.

Very realistic on their part; they have no chance in the most reversed Federal Circuit Court in history.

6 posted on 07/01/2013 8:07:25 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac

OOPS

That should be 9 Circuit in the first line.


7 posted on 07/01/2013 8:08:21 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac

Then Kennedy will knock it down again to the lower courts. 2 of my friends here belong to the nurses union and they should do the same.


8 posted on 07/01/2013 8:17:34 AM PDT by max americana (fired liberals in our company after the election, & laughed while they cried (true story))
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To: george76

OMG! What! Do these people intend to bring professionalism back to classroom teaching? They will ruin our children by bringing them under authority!


9 posted on 07/01/2013 8:18:33 AM PDT by imardmd1 (Come and hear, all ye that fear God, and I will declare what He has done for my soul. Ps 66:16)
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To: george76

Thank you Scott Walker. A leader with the courage to get the ball rolling.


10 posted on 07/01/2013 8:21:36 AM PDT by Obadiah (Inside of every Liberal beats the heart of a fascist yearning to reveal their true nature.)
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To: george76

With unions being part of the life blood of the dimoKKKRAT party this unlikely to happen.


11 posted on 07/01/2013 9:53:35 AM PDT by Parley Baer
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To: george76

Those aren’t dues, they’re taxes. Case dismissed.


12 posted on 07/01/2013 10:31:01 AM PDT by Jeff Chandler (Harriet Meiers is looking pretty good right about now.)
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To: george76

Whose going to pay the teachers’ pensions?

Oh yeah...taxpayers via bailouts.


13 posted on 07/01/2013 2:18:00 PM PDT by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: afraidfortherepublic

Interesting and somewhat related to Wisconsin.


14 posted on 07/01/2013 2:18:57 PM PDT by Jean S
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To: george76

Wow!!!


15 posted on 07/01/2013 2:25:49 PM PDT by austinaero
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To: george76

Good luck with that. Even if you get a majority of voters to put that in your state Constitution, all the facists have to do is find ONE judge to nullify it, and SCOTUS will make that the law of the land.

Silly Americans, your vote is worthless and weak....you are ruled by black robed kangaroos now, dontcha know.


16 posted on 07/01/2013 2:32:00 PM PDT by SoFloFreeper
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To: Blood of Tyrants

If this is going straight through the federal courts, the judges have no political campaigns to contribute to, because they’re appointees approved by the Senate. If it’s going through state courts, to be removed to SCOTUS by writ of certiorari, then campaign contributions are a factor.


17 posted on 07/01/2013 2:38:21 PM PDT by Eleutheria5 (End the occupation. Annex today.)
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To: george76

Bookmark


18 posted on 07/01/2013 2:51:07 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: Jean S; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; Wisconsinlady; JPG; ...

Peripheral interest to Wisconsin

FReep Mail me if you want on, or off, this Wisconsin interest ping list.


19 posted on 07/01/2013 3:04:17 PM PDT by afraidfortherepublic
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To: george76
While ignorant teachers in Wisconsin our begging to pay union dues...


20 posted on 07/01/2013 3:27:46 PM PDT by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: Brown Deer

Who would of thought it would be coming from California?


21 posted on 07/01/2013 3:44:26 PM PDT by DAC21
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From The Free Beacon.com by Bill McMorris:

“Ten California schoolteachers are challenging California’s policy of forcing all public employees to pay union dues for collective bargaining. The Center for Individual Rights (CIR) is aiding their suit. The CIR views the issue through the lens of the Constitution, rather than as a contest of labor policy.

“Our efforts are not anti-union; we are trying to solidify the First Amendment rights of public employees to freely assemble,” CIR president Terry Pell said.

The plaintiffs filed a preliminary injunction on Tuesday asking the court to waive the teachers’ union dues during the ongoing trial. Pell is certain the motion will fail, which is all the better for the plaintiffs because it will “fast-track” the litigation to the 9th Circuit Court of Appeals and eventually the Supreme Court.

“This is a piece of strategic litigation—we’re trying to get the issue of compulsory union dues to the Supreme Court as quickly as possible,” he said. “We know that lower courts can’t overrule Supreme Court precedent, but this will expedite us through the system.”

The Roberts court opened the door to ending coercive unionism last year when it ruled 5-4 that Service Employees International Union improperly charged non-union members for political activities. Justice Samuel Alito, writing for the majority in Knox v. Service Employees International Union, said the forced dues on non-union members were “indefensible”

“Public-sector unions have the right under the First Amendment to express their views on political and social issues without government interference … But employees who choose not to join a union have the same rights,” Alito ruled. “The First Amendment creates a forum in which all may seek, without hindrance or aid from the State, to move public opinion and achieve their political goals.”

The California plaintiffs take this reasoning a step further. They argue that negotiations between teachers unions and state officials are a political act in and of themselves. Paying money to aid in union negotiations, Pell says, violates the rights of teachers who object to union goals of maximizing expensive benefits, such as California’s underfunded pension plan.

“All public-sector union bargaining—on issues like pensions and pay and leave and seniority rules—are claims on the public Treasury, an inherently political act,” Pell said. “Some union teachers may think this is a good thing, but our clients say that unions shouldn’t be collecting more and more of the public pie while the parents of their students are struggling.”

The Obama administration’s labor policies have only exacerbated the tension between First Amendment rights and financing the political activities of unions.

The National Labor Relations Board (NLRB) ruled in December 2012 that non-union employees should be forced to pay for lobbying expenses as an “apolitical” activity, if the costs lead to improvements for all employees.

“The NLRB crossed over the line,” Pell said. “Union collective bargaining or union ads and lobbying that promote increased education spending are overtly political.”

The teachers are not alone in their fight. The National Right to Work Foundation, which won the Knox case, is waging a similar battle in Texas where six airline employees filed a class action suit challenging the concept of exclusive bargaining as an encroachment on the freedom of assembly and speech.

“Union bosses have abused their extraordinary government-granted power to automatically compel workers to fund their political activities unless workers object—a power granted to no other private organization in our country—for far too long,” Mark Mix, president of National Right to Work, said in a statement. “The First Amendment right of workers who refrain from union membership to automatically refrain from paying union dues at all and especially for politics is long overdue.”


22 posted on 07/01/2013 4:35:38 PM PDT by concentric circles
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To: Brown Deer

Dollars to donuts the woman holding that sign is not now voluntarily paying monthly Union dues.


23 posted on 07/01/2013 5:47:35 PM PDT by Obadiah (Inside of every Liberal beats the heart of a fascist yearning to reveal their true nature.)
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To: txhurl

Got my vote.


24 posted on 07/01/2013 5:47:35 PM PDT by Hoodat (BENGHAZI - 4 KILLED, 2 MIA)
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To: george76

Each and every single one of them will vote democratic until the day their miserable, sub-human, filthy butts dies. Guarandamteed.


25 posted on 07/01/2013 6:13:02 PM PDT by Doctor 2Brains
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To: txhurl

Fantastic, love that story. Get Democrats throwing each other under the bus.


26 posted on 07/01/2013 7:04:46 PM PDT by TexGrill (Don't mess with Texas)
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To: george76

A faint glimmer of light from California? Maybe? Lord knows the left screwed that state up so much it’ll take generations of people of the Golden State to clean that mess up; if they ever can!


27 posted on 07/01/2013 8:32:30 PM PDT by dowcaet
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To: george76

Pigs are flying by my window as I read this ...


28 posted on 07/01/2013 8:37:15 PM PDT by Let's Roll (Save the world's best healthcare - REPEAL, DEFUND Obamacare!)
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To: george76

What great news! Always makes me smile when I hear about teachers realizing that Unions are no help to them OR the children they serve.


29 posted on 07/01/2013 9:24:31 PM PDT by seekthetruth (I want a Commander In Chief who honors and supports our Military!)
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To: george76

Forcing workers to pay union dues to demented Marxist crooks in some States but not others in order to work is a violation of the equal protection clause

Its high time the SCOTUS ended this slavery and gave all Americans the right to work


30 posted on 07/02/2013 2:22:07 AM PDT by Rome2000 (THE WASHINGTONIANS AND UNIVERSAL SUFFRAGE ARE THE ENEMY -ROTATE THE CAPITAL AMONGST THE STATES)
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To: Rome2000

Its high time the SCOTUS ended this slavery and gave all Americans the right to work

Yeah, whatever happened to freedom of association?


31 posted on 07/02/2013 3:54:46 AM PDT by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: Let's Roll

This has been to court before (though I don’t know how it was resolved); I believe it was in relation to the specific portion of the dues that were plowed into Dem campaigns.


32 posted on 07/02/2013 4:01:05 AM PDT by kearnyirish2 (Affirmative action is economic war against white males (and therefore white families).)
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To: txhurl

Go teachers!


33 posted on 07/02/2013 7:45:28 AM PDT by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: george76

What, the union extortion racket ending in CA. No way that will that happen.


34 posted on 07/02/2013 8:27:51 AM PDT by Neoliberalnot (Marxism works well only with the uneducated and the unarmed.)
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To: george76
it's bound to happen.
35 posted on 07/02/2013 10:08:14 AM PDT by Drawn7979
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To: george76

Somebody call the dogs. The sheep are getting off the plantation. Isn’t there something written in blood that they are not allowed to speak for themselves?


36 posted on 07/02/2013 2:01:27 PM PDT by Earthdweller (Harvard won the election again...so what's the problem.......? Embrace a ruler today.)
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To: george76

Can’t do it. Whatever gains are made, a court will overturn it.


37 posted on 07/02/2013 2:34:05 PM PDT by VRW Conspirator (The Lefties can drink Kool-Aid; I will drink Tea.)
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To: imardmd1
OMG! What! Do these people intend to bring professionalism back to classroom teaching? They will ruin our children by bringing them under authority!

There are some great teachers out there....but the idiots get paid exactly the same.
38 posted on 07/02/2013 2:39:42 PM PDT by Wanderer99
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To: Wanderer99
There are some great teachers out there....but the idiots get paid exactly the same.

Yeah. Hm. Well, when I was studying to be a teacher at Syracuse U in 1956-58, NEA was a professional organization, there was no AFT, nor were there any teacher unions. State standards for teachers was very high, and the universal New York State Regents' Examinations for all 8th graders guaranteed minimum requirements to graduate into high school. Failure kept you back. No excuse. No misplaced compassion.

For the beginning teacher, a Bachelor's degree, with ongoing progress toward a Master's degree was necessary for a temporary license, with a permanent license upon completion within a maximum, under state law, of five years from initial employment. Failure to accomplish this goal resulted in permanent cancellation of the teaching license.

For this kind of teacher qualification we paid almost as high beginning salary as we did for a janitor or low-wage factory employee. There were no idiot teachers, and the PTAs weeded out poor performers in the first three years before tenure upon the fourth year's rehire cut in. After that, there was job security.

With this kind of pay, in an economy where most households did not have two paychecks, generally for a decent life a male teacher only had to moonlight on another job or two to make ends meet.

Also, in those days, THERE WERE NO COLLEGE LOANS. To get an education, you had to give up at least four years of your life's earning span, and pay for it. However, in New York State, the tuition at State operated teacher's college was zero! zip! nada! so entry there was open to students from low-income families who otherwise could not afford it.

Regarding the performance of primary and secondary students, Regents Examinations for each secondary school subject preparatory to college acceptance gave assurance for a college future with a Regents Diploma. Even for a non-Regents course, I saw low-skill students finally get a diploma at 19 or 20 years old after extra coaching. It was a prerequisite to meaningful employment almost anywhere.

At that time, home schooling was not thought of, nor was it needed. Parents were vitally involved in the operation of the local schools, and the teachers answered to the parents--not vice versa. Every school district had a truant officer and, up to one's 16th birthday, irregular attendance put the child into a reform school, with the parent being responsible for the child's attendance or else his incarceration.

Are you beginning to get the point of why unions got a foot in the door, and why we have poor teachers today? IT IS BECAUSE WHEN WE HAD GOOD PROFESSIONALLY PERFORMING TEACHERS, WE WOULD NOT PAY A LIVING WAGE FOR THEM! Now, we've got exactly what we deserve. What did we say then? "Them that can, do; them that can't, teach." What a brilliant estimate of the situation. (/sarc)

It is we who are at fault. We had no gratitude for professionals when we had them. Now we moan because we don't.

39 posted on 07/02/2013 4:27:37 PM PDT by imardmd1 (Motto in my high school study hall:"If you do less than your best, you fail.")
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks george76.


40 posted on 07/02/2013 4:34:38 PM PDT by SunkenCiv (McCain or Romney would have been worse, if you're a dumb ass.)
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To: george76

they will make opting out as hard as possible and then the thugs will start showing up at your house


41 posted on 07/02/2013 6:26:03 PM PDT by GeronL
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To: george76

How much are teachers’ annual dues in California?


42 posted on 07/02/2013 7:33:02 PM PDT by John123 (US$ - I owe you nothing. Euro - Who owes you nothing.)
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To: george76

Gov’t union breaking, will not happen.


43 posted on 07/02/2013 9:44:33 PM PDT by RedHeeler
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To: george76

Years ago my cousin worked for a state agency. She said that she didn’t want to join the union but did because dues was removed from her pay whether she joined or not.


44 posted on 07/03/2013 4:47:41 AM PDT by Bronzy
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To: george76
Freedom OF Assembly also means Freedom FROM Assembly. No one should be forced to assemble or associate against their will.

Freedom OF Speech also means Freedom FROM Speech. No one should be forced to contribute time, effort, or money to support speech that they oppose.

45 posted on 07/03/2013 11:06:31 AM PDT by taxcontrol
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To: taxcontrol

Well said


46 posted on 07/03/2013 12:07:44 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Fox news needs to hire someone who knows the difference between a closed shop and a union shop.


47 posted on 07/04/2013 12:38:01 PM PDT by ArmstedFragg (hoaxy dopey changey)
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To: Pontiac

You’re right, of course. I was about to say they’d actually have a chance in the 8th.


48 posted on 07/04/2013 12:40:00 PM PDT by ArmstedFragg (hoaxy dopey changey)
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To: imardmd1

My Dad used to say that he’d spent thirty years in inner city schools, then looked carefully at his certificate one day and realized it said “teacher” not “warden”, so he quit.


49 posted on 07/04/2013 12:42:58 PM PDT by ArmstedFragg (hoaxy dopey changey)
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To: ArmstedFragg
If he survived thirty years in such schools, here's a secret he might have learned:

The 8th grade I was in had gotten a real bad reputation of unruliness and trashing teachers. The worst of us was Freddie. It was well known that he could and would really hurt you in a fight, with relish. And he was clever in frustrating the teachers, who had all been women.

So the principal hired a WWII P-51 pilot, a man that had been a reform school teacher for a few years. On the fall school opening day, his first words to us were:

"I'm Mr. Peck. You are mine and this is my room. If any of you boys give me any trouble, you will meet Freddie after school. Freddie, if you give me any trouble, you will meet me after school. Do you all understand this, as of right now? Yes, or -- No?"

There were no "Noes" and we spent the rest of our school careers as governable class members. Mr. Peck later became Vice Principal. He attended our 35th high school class reunion, having finished his years in that school.

50 posted on 07/04/2013 1:47:34 PM PDT by imardmd1 (Let the redeemed of The LORD say so, whom He hath redeemed from the hand of the enemy. (Ps. 107:2))
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