The Mercury News

High court ruling is a blow to democracy

- By Ken Jacobs Ken Jacobs is chair of the UC Berkeley Center for Labor Research and Education.

In a 5-4 decision, the U.S. Supreme Court has prohibited public sector unions from collecting fees from nonmembers whom the union represents and ensures are fairly treated in the workplace. It is another blow to democracy that hurts us all.

The ruling overturned four decades of legal precedent that allowed public sector unions to charge agency or “fair share” fees for workers who opt out of joining the union to pay for collective bargaining and representa­tion. None of those funds could be used for political activity, or any other activity not relating to collective bargaining.

The case was funded by billionair­es like the Koch brothers and rightwing foundation­s as part of a long-term effort to weaken unions and slash public services. They can expect to meet strong resistance in California.

Unions play a vital role in our democracy. Workers on their own have very little power to bargain with employers. This has been made worse in an economy where employers have become more concentrat­ed and work is often outsourced in ways that diminish workers’ power. Unions allow workers to come together and use their collective power to bargain as a group.

Our report series “The Union Effect in California” found that they raise workers’ wages by an average of $5,800 a year and increase access to health benefits and retirement benefits on the job.

Unions also reduce wage gaps by race and gender. This is important because public sector workers affected by the Janus decision are disproport­ionately female and workers of color. Unions provide a path to the middle class at a time when economic mobility is shrinking.

An important new study found that unions have a significan­t equalizing effect on income distributi­on in the U.S. As the share of union households has fallen, income has become increasing­ly concentrat­ed at the top. Part of this effect comes from unions’ direct impact on wages and benefits through collective bargaining. Collective bargaining not only raises union members’ wages, but in areas where unions are strong, they help set a standard for nonunion workplaces as well.

Unions give workers a voice in public policy. A 2014 study of 40 interest groups by political scientists from Princeton University found that while most interest groups promoted narrow agendas benefiting only their members, and the most powerful business groups pushed for policies actually opposed by the average American, unions accounted for the majority of the organizati­ons representi­ng the interests of the middle class.

In the last several years in California, union-backed policies increased the minimum wage, establishe­d a right to paid sick leave, created greater protection­s against wage theft, improved health and safety laws, and addressed sexual harassment on the job. Unions provide a voice in supporting our public schools, libraries and health services.

Unions’ power comes from their membership. In response to the threats from the Trump administra­tion and the Supreme Court, more public sector workers are joining their unions.

Recent polls show growing public support for unions, especially among the young. The teacher walkouts around the country earlier this summer demonstrat­ed the power that comes when public sector workers stand up for vital public services.

But by focusing on organizing and engaging their members, unions may yet come out stronger. It is in all of our interest that they succeed.

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