Contracts show fight for teachers’ rights isn’t over

Would you sign a contract you know is unconstitutional? How about one that violates teachers’ rights of free speech and free association? My guess is you wouldn’t. And that you’d be outraged if someone did.

Well, that someone is in your back yard. More than 20 Pennsylvania school districts — including Oxford Area in Chester County and Upper Darby in Delaware County — recently enacted new contracts that ignore a Supreme Court ruling and violate the U.S. Constitution.

In 2018, the Supreme Court ruled in Janus v. AFSCME that government workers, including teachers, police, municipal employees, and others, could no longer be forced to pay a union as a condition of employment. Because unions engage in political activity, the court said, mandatory “fair share” fees imposed on non-union members violate their First Amendment rights.

There’s no disputing it: As of June 27, 2018, “fair share” fees are unconstitutional in the public sector. So why do new teacher contracts in Oxford Area and Upper Darby — signed in October 2018 and February 2019 respectively — still include these fees?

As a former public school teacher myself, I was shocked when I read through these contracts and realized local leaders and teachers’ union officials are acting as if Supreme Court decisions and the Constitution are take-it-or-leave-it suggestions, rather than the law of the land.

Here’s why this happened. The Pennsylvania State Education

Association (PSEA) — that’s the statewide teachers’ union — wants to keep fee language in contracts in case the Janus ruling is overturned by some future Supreme Court less concerned about protecting teachers’ First Amendment rights.

The PSEA also benefits when teachers fear they will lose pay, benefits, seniority, pensions, or liability insurance if they resign from the union — which they won’t. Contract terms apply to all employees regardless of union membership status.

Playing on ignorance is incredibly manipulative, bordering on abusive.

While the Janus decision was a major victory for workers’ rights, the fact that state teachers’ union leaders are willing to turn a blind eye to the law in new teacher contracts shows the battle over union fees is far from over.

Thankfully, there are solutions pending in both the courtroom and the state legislature.

Legislation called the Employee Rights Notification Act (HB 785) would make sure new public workers and non-union members are notified about their right to do their jobs without paying a union.

The bill would also align Pennsylvania law with the Janus decision by removing the now-unconstitutional Fair Share Fee Law from the state’s books. House lawmakers advanced this bill earlier this year but haven’t yet brought it to a full vote.

In the courtroom, a lawsuit filed by four Pennsylvania teachers in 2017, Hartnett v. PSEA, could result in ruling that strikes down the Fair Share Fee Law. This case is now before U.S.

Third Circuit Court.

And let’s not forget about local school boards. It’s an embarrassment that some have given in to PSEA’s pressure tactics and enacted contracts known to be unconstitutional. You wouldn’t sign your name on that document, and neither should they.

School districts including Reading, Antietam, Owen J. Roberts, and Daniel Boone Area have expired contracts. Will they follow the Constitution, or will they agree to illegal fair share fees?

We can hope PSEA leaders adhere to the Janus ruling because it’s the right thing to do. But we should demand that public officials at all levels follow the law. After all, it’s their job.