Teachers and our unions in California,
along with the rest of organized labor dodged a bullet (maybe a nuclear missile
is a more appropriate metaphor) in yesterday's split decision in Friedrichs v.
California Teachers Association. But I
would caution against getting too happy about it or viewing the decision as a
victory for organized labor on this issue.
For one thing, the ruling will not stop
anti-union cases that are already in the pipeline or the filing of new cases
that aren't in the courts yet. Because of the split decision, no new precedents
have been set, so labor remains just as legally vulnerable as it was before.
Also, labor's enemies have been racking up major victories at the state level.
26 states are now right to work, and it's not outside the realm of possibility
that public sector unions could see their collective bargaining rights
curtailed further in more states.
(see below)
What now? "The plaintiffs in the
case, led by the Center for Individual Rights, a conservative nonprofit, will
file a motion for rehearing and pray that a Republican gets elected president
in November."
(from Politico’s Morning Report)
Leaders of major public sector unions, meanwhile, say the case
created a lasting resolve to organize and strategize together. SEIU's Mary Kay
Henry, NEA's Lily Eskelsen Garcia, AFT's Randi Weingarten, and AFSCME's Lee
Saunders all held a joint press call after Tuesday's decision, and "all
four of us understand the importance of working together and combining our resources,
working on a political agenda, legislative agenda," Saunders said.
"We were doing that before Friedrichs but obviously Friedrichs
pushed us to do more."
