Mounting Resistance to the Teacher Union Leviathan
States are starting to push back against the extensive perks granted to the teachers’ unions.
May 4 Wall Street Journal editorial argues that the single biggest problem in state governance is the “political dominance of public-sector unions.” These include the SEIU, AFSCME, and, notably, the teachers’ unions. But now, several red states are pursuing reforms to curb their influence and give taxpayers a much-needed break.
In Idaho, Gov. Brad Little recently signed a bill that will end public support for teachers’ unions. The new law will prohibit school districts from deducting dues directly from teachers’ paychecks and will limit unions’ ability to recruit members during school hours. It will also end the practice of granting teachers paid time off for a range of union activities, including supporting candidates for office, soliciting membership, and participating in protests or advocacy.
This procedure is officially labeled “release time,” but more accurately, it’s “union time on the taxpayer’s dime,” a common practice across the country at all levels of government. This racket allows public employees to conduct various types of union business during working hours, with the taxpayer footing the bill.
Arizona is developing guardrails for public-sector unions through a proposed constitutional amendment that would prohibit school districts from collecting union dues through payroll deductions. The bill, which must be adopted by the legislature to appear on the November ballot, would also ban teacher strikes and require unions to distribute communications off school property.
In Florida, SB1296, signed into law by Gov. Ron DeSantis on May 1, requires unions that represent government workers in the state to secure at least 50% of members’ participation in any recertification vote and then win by a majority of the votes cast.
A bill working its way through the Oklahoma state legislature would allow school employees to cancel their union membership at any time. Unions would be barred from limiting an employee’s “right to terminate his or her membership only during certain dates or by using specific forms.”
As things stand now, dissenting teachers can quit, but only during a brief window that the unions often obscure, or they are sucked in for another year.
Nationally, on March 17, the Department of Labor rolled out a system that lets workers see how labor unions spend their dues. This information is essential for helping workers decide whether unionization is right for them, as many teachers and other union members don’t know how their dues are spent. According to a Pew Research poll, about 58% of public K-12 teachers lean Democratic, and 35% lean Republican. However, as OpenSecrets reports, in 2024 the National Education Association spent $22,744,023 on political activities, with 98.24% going to Democratsand a paltry 1.76% to Republicans.
The other national teachers’ union, the American Federation of Teachers, is even more one-sided. In 2024, the AFT gave $3,069,063 (99.89%) to Democrats and a scant $3,323 (0.11%) to Republicans.
Additionally, the Commonwealth Foundation reports that 95.8% of donations from government unions to state-level candidates went to Democrats. At the federal level, 98.8% of government union donations went to Democrats.
Not all states have good news to report on the union front, however. In deep blue Oregon, a law now makes it illegal to “falsely impersonate” a union representative and imposes fines for violations. The legislation was written to discourage the Freedom Foundation, which sends mailers to union members reminding them that they can opt out of the union and save money under the Supreme Court’s 2018 Janus v. AFSCME ruling. New York and Hawaii have also introduced similar measures.
While things are moving in the right direction for the most part, much more still needs to be done to rein in the unbridled perks granted to public employee unions.
For starters, as 501(c)(5)s, all unions—public and private—have a special tax-exempt status with the IRS that is accorded to “Labor, Agricultural, and Horticultural Organizations.” So, dues money is not taxed. Furthermore, when a union sells stock, it is excused from paying capital gains tax.
Additionally, teachers’ unions demand exclusivity. Although no public employee has to pay a penny to a union as a condition of employment anymore, unions often complain about “free riders.” The objection centers on the fact that unions are required to represent all workers during collective bargaining, so any nonpayer is thus receiving a service without paying for it.
But in reality, it is the competition-phobic unions that are the problem. No law imposes the duty of exclusive representation on unions—in fact, the unions themselves demand it. As Mike Antonucci explains, “The very first thing any new union wants is exclusivity,” whereby “no other unions are allowed to negotiate on behalf of people in the bargaining unit. Unit members cannot hire their own agent, nor can they represent themselves.”
Another area ripe for change is that even if an employee decides to forgo union membership, they—willingly or not—remain part of the collective bargaining unit. When contract time rolls around, the teacher must accept the terms of the union agreement. Why should a worker be dragged into a collective bargaining agreement? Those who don’t want to join a union should not be forced to be part of the collective bargaining unit. They should be free to negotiate their own contract without a union. The idea of a “members-only” union is fair to both sides, but monopoly-obsessed union honchos invariably revile it.
What benefits do teachers receive from their unions?
One benefit they offer is liability insurance for educators. But instead of paying hefty union dues for this important benefit, teachers can join the Association of American Educators or the Christian Educators Association International—professional organizations—and get better coverage at a much lower cost. Also, about 10,000 teachers have joined the independent alternative Teacher Freedom Alliance as more teachers realize they do not have to fund agendas they oppose.
In sum, several red states and the federal government are beginning to push back against teacher-union hegemony. However, much more needs to be done to address an unjust situation that has festered for far too long.By Larry Sand
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