Local Government TV

Friday, June 29, 2018

Why NorCo Workers Should Stay and Pay

Northampton County has three kinds of employees. First, there are "exempt" or confidential employees, those with whom the Executive can feel free to discuss policy. These are his cabinet and few other positions. Second, there are career service employees. They have no union protection and must rely on their own wits if they think they are being treated unfairly. Third, there are union employees, which make up about 75% of Northampton County's workforce. They are represented by 11 different bargaining units who negotiate and enforce contracts, and file grievances when an employee thinks he is being treated unfairly. Thanks to the Janus decision, these workers can no longer be forced to contribute to the union that represents them. But that is the worst decision they can make. It is better to stay and pay, and I'll explain why below.

On Wednesday, the Supreme Court in a 5-4 decision reversed over 40 years of established precedent. Writing for the Court, Justice Sam Alito ruled that public sector workers have a First Amendment right to refuse to help pay for their bargaining unit that negotiates and enforces their contracts. "As Jefferson famously put it, 'to compel a man to furnish contributions of money for the propagation of
opinions which he disbelieves and abhor[s] is sinful and tyrannical.'”

The majority rules that free speech trumps everything, even the common good that is ensured by requiring nonunion members to pay their fair share.

Justice Elena Kagan, speaking for four dissenters, complained that the government is acting as an employer, not Sovereign, and needs to have some control over what employees say to be able to deliver services efficiently.
The majority overthrows a decision entrenched in this Nation’s law — and in its economic life — for over 40 years. As a result, it prevents the American people, acting through their state and local officials, from making important choices about workplace governance. And it does so by weaponizing the First Amendment, in a way that unleashes judges, now and in the future, to intervene in economic and regulatory policy.
The Janus decision is almost certainly a death blow for most of the 11 unions representing Northampton County workers. Bargaining units representing corrections officers, deputy sheriffs and nurses should stay strong because they have the right to demand arbitration during contract negotiations. But other bargaining units, like the residual unit, are in trouble. As Kagan explains in her dissent, this is what will happen to employees who are under no obligation to help pay for the union negotiating their contracts.
"Without a fair-share agreement, the class of union non-members spirals upward. Employees (including those who love the union) realize that they can get the same benefits even if they let their memberships expire. And as more and more stop paying dues, those left must take up the financial slack (and anyway, begin to feel like suckers) — so they too quit the union. ... And when the vicious cycle finally ends, chances are that the union will lack the resources to effectively perform the responsibilities of an exclusive representative — or, in the worst case, to perform them at all."
Based on what three members of the residual unit told me today, I think Kagan is right. Only one of these three was around in 2003, when employees organized after layoffs and going several years without a raise. This person supported stay and pay. A second  employee, who has only been with the county briefly, was opposed to paying a fair share long before Wednesday's decision. He complained that unions have always been a disaster for him.

The third employee at first told me he didn't care. But he did. He actually tracked me down later to say he is pro-union, "but this union needs to do a lot more and perhaps this will put their feet to the fire."

Let me explain what happens if they fail to pay and stay. First, the union might disappear. Second, the union might redefine the bargaining unit to exclude all those who refuse to pay fair share. In both of these cases, the employees will be re-classified as career service. What that means is that they'll be lucky to see a 2% raise every year, and their benefits will be subject to the whims of the Executive.

Free speech has consequences.

It is smarter to stay and pay.

By the way, the logic of the Alito decision means that fair share payments to private sector unions are in jeopardy because those are authorized by statute.

They're next.

U.S. Congressman Matt Cartwright introduced federal legislation yesterday that basically reaffirms the right to organize. He was highly critical of the Supreme Court.

“This is not jurisprudence, this is bare-knuckle politics,” Rep. Cartwright said. “I will always fight to maintain collective bargaining rights for hard-working Americans, including my constituents in Northeastern Pennsylvania, where union rights are a time-honored tradition. Strong public and private sector unions built the middle class in our country, and we should not turn back the clock on those struggling families.”

According to Rep. Cartwright, union members employed by a state government earn 17 percent more than their non-union counterparts, and union members employed by a local government earn 35 percent more than their non-union counterparts.

Erratum: I incorrectly reported that nurses have a right to compulsory arbitration. They have no such right.

42 comments:

  1. Now I suppose, the former protected class that work in the public sector will have to deal with what those of us in the private sector have known for years. You can always move on to a better job if you don't like where you are working now.

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  2. Really? What planet do you live on? It’s not earth. I know numerous people stuck in shitty private sector jobs.

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  3. The reason they're probably stuck in shitty jobs is either no initiative to move on to a better one, or they lack job skills due to a lack of education. But no matter which, it's up to the individual to make their choices in life. If you live off the gratuity of others, you'll get the crumbs of life.

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  4. The part of our constitution and society that refers to the "common good" is all but gone at this stage. It is the law of the jungle and everyone in their own mind thinks they are a lion. Sadly, the prey have always outnumbered the predators.


    Law has an element of social justice at its core. That is eroding.

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  5. Bernie, I think at Gracedale the Union picks up the Dental and Prescriptions for its' members. Would it be fair to pay that for people who opt out? You might want to check my statement with the county as I am not sure if they pay both or one.

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  6. I can't remember the last time I saw more than a 2% raise and the 1 time I needed the unions help they failed me. I won't be paying unless they step it up.

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  7. Important to remember workplace unions are not being outlawed. They will certainly need to make a stronger effort to demonstrate what unique benefits membership provides for the annual dues collected. The marketplace (employees) for what they offer will now decide value by personal choice, as it should be.

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  8. Who knew that giving individual American citizens control of their right to expression would bring down the republic! Oh my! Liberty is dangerous! Happy Independence Day!

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  9. The only uniona that are all twisted up on this are the school teacher and government unions. The membership should not be bullied and robbed by the union members to have to pay. Now the union will have to produce or end up out it business too.

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  10. 75% union. Be interesting to see the % that opt out. I would wager a great many.

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  11. Welcome to liberty and the free market, it is that system that produced excellence and upward mobility. the unions will now become parties enticing customers rather than a monopoly dictatorship. That is the American way.

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    1. You mean race to the bottom where executives feast like pigs. Disbanded the Police union, too if unions are so bad.

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  12. I'm not currently in the union but am open to having a discussion. I have tons of questions.

    I can't help but feel vindicated. For years the union has been taking my agency fee but refusing to provide me any info because I wasn't a dues paying member. That wasn't right. I don't even know if they have meetings, but now would be a good time for Afscme to hold come informational sessions to try to convince people to join.

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  13. You're right Bernie. It was around 2003 that the CourtHouse Employees started getting screwed "BIG TIME." Executive Brackbill implemented a wage scale that never allows the employees to get to the top of their wage scale. Cost of Living adjustments aren't granted to the wage scales anymore. Reibman followed Brackbill and he implemented Co-pays (on a percentage basis) on our wages and Stoffa followed with the same stick it to the employee and retiree attitude. Then came Brown who really screwed the County employees. 2003 created more unions in Northampton County because the employees weren't getting raises and increased co-pays on their medical benefits. I'm ready to retire but am afraid because of the uncertainties of my medical costs. My union doesn't appear to be doing much in this area. I want to state this in closing. I am better off today because of my union and don't regret my past membership. Thanks for bringing this issue to the fore front.

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  14. The county has a grievance procedure for non-union workers. You file a grievance, your boss hears your case, you disagree with him so the personnel office hears your case, you disagree with them so the appeals board hears your case and makes a final determination. All of these people are appointed by the County Executive including their solicitor. Kind of beating your wife and then having your mother-in-law hear your case. You best join a union.

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  15. "According to Rep. Cartwright, union members employed by a state government earn 17 percent more than their non-union counterparts, and union members employed by a local government earn 35 percent more than their non-union counterparts"

    And these are good things? Having the taxpayers support these extravagant lifestyles? What do they actually produce that is of value to society ?

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  16. "The only uniona that are all twisted up on this are the school teacher and government unions. The membership should not be bullied and robbed by the union members to have to pay. Now the union will have to produce or end up out it business too."

    Since the ruling only applies to unions representing public sector employees, they would be the ones who would be most upset. But they are not the only ones. This ruling has been condemned by nearly every private sector unions bc the stage has been set to apply it to them, too. You are posting disinformation, just like authoritarian Donald Trump. Don't try it here or I will call you out.

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  17. "Who knew that giving individual American citizens control of their right to expression would bring down the republic! Oh my! Liberty is dangerous! Happy Independence Day!"

    The flaw in your thinking is that the government's relation to the people who work for it is that of employer, not Sovereign. This ruling will soon be applied to private sector unions on the theory that they are enabled by federal legislation. It is a union busting move.

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  18. "And these are good things? Having the taxpayers support these extravagant lifestyles? What do they actually produce that is of value to society ?"

    Extravagant lifestyles? Give it a rest. It is a good thing to see people paid a living wage, which even government unions fail to do in most cases. If the government treats its workers like shit, that sets the stage for private sector employers to do so.

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  19. The more that government services can be contracted out to the private sector, the better. Reducing the scope and cost of government means more economic growth and prosperity for all. Government is a drag on the economy with it's taxes and burdensome regulations.

    Just look at the economy today with it's 5% growth, versus what we saw just a few years ago, with the Democrats saying the "new normal" was basically no growth at all.

    When the economy booms, everyone's boat rises upwards.

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    Replies
    1. Inflation and increasing debt. Wages flat and have consumed the so called tax cut. 5% growth and the recession is 2 years away. One time cshouts and the Wall street expect a more.

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  20. You should learn to report facts. Nurses do not have the right to arbitration. That is why they went five years without a contract. Their contract was just settled by the last administration (Brown) when no one else could do it. Only Corrections, Deputy Sheriffs, Detectives and the Court Appointed unions are eligible for arbitration. The other unions are not.

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  21. Nobody is forced to work for the county. Cartwright's statement about higher wages for government employees is all the rest of us taxpaying drones need to hear. Why in God's name would a well administered government pay more than market rates for workers? No wonder we're broke. Lawyer/politicians like Cartwright are hilarious when they attempt to discuss economics in the real world. The guy would likely run a lemonade stand into the ground in a heatwave. He and his mathlete compatriots have saddled our grandkids with $21 trillion in debt. Matt's like a baby with diarrhea lecturing the rest of us on bowel control.

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  22. I believe my first obligation is to be honest. If I make a mistake and report something inaccurately, I will quickly acknowledge it. I make no claim to be perfect but try hard to get my facts right.. thanks for correcting me, Amy Trapp.

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  23. "Why NorCo Workers Should Stay and Pay"

    No they shouldn't.

    They should drop out and demand that union leaders don't get excessive pay. They should demand that their dues stop subsidizing unnecessary positions in leadership. They should demand that their unions be accountable to the MEMBERS, instead of a select few.

    While they're waiting for unions to reform themselves, members should enjoy the pay raise they're getting from not throwing away their dues money. When the reforms happen, then they can join again. Unions have to earn their customers now, instead of taking them for granted.

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  24. Teachers get 3 to 4 % increases every year, even when for 8 years the private sector got none. The taxpayers also contribute 33% of school teachers salary to the pension plan. This is in addition to their salary. who gets a 33% employer contribution. who can retire at 52 with 75% of their wages probably in the 80 to 100,000 range. This is an ever increasing transfer of wealth from the private sector to the public sector. all using children as pawns and hostages of working parents.

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  25. Without a union Norco workers would again have the threat of unionization, if the county took advantage of them.

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  26. Taxpayer also pay union representatives while they are doing union business . They should do their union business at the unions expense not the taxpayers.

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  27. I learned of the dismissive Godwin's Rule on this blog, long ago. Cool Hitler graphic/quote.

    You're like those who called Anthony Kennedy a fascist for the Trump travel ban vote. Two days later, he's sailing off as our last protection from fascism.

    I though I'd tire of your temper tantrum after a while. Not a chance. It get's better and better each day. Meanwhile, Trump is your president, Breyer is rumored to step down next week and this summer gets better and better. Happy Independence Day Bernie.

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  28. Godwin himself has declared Authoritarian Donald Trump an exception to the law. Also, so far as I known the only persons acting childishly are people like you. This post explains to county employees who they should stay and pay. Some disagree and that’s fine. But you solve nothing with your constant cheerleading. You just look foolish.

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  29. I can't stand Trump. I could not vote for him. The relentless attacks on him have made me slightly sympathetic. But his living rent-free in you, and your fellow travelers' heads is really something to see. You used to be a more moderate voice. Trump flipped you too. He has that effect. I still enjoy your blog; just not for the same reason I originally landed here.

    I think county employees have been done a great service by SCOTUS in defense of their individual liberty. Although, some people appreciate being told what to say. I'm pro-choice on the issue. Who can argue with pro-choice?

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  30. Where can someone find info on how much northampton county spends on compensation and benefits, how much they're reimbursed buy the state and fed, and how much the tax base is? I took a look at this year's budget but couldn't understand!

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  31. And is the anywhere to get into on the make up of the different unions? I'd love to know how many people are in each bargaining unit vs how many are full members

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  32. 5:10, 5:16, that information actually is in the budget although the salaries and benefits of most human services workers are reimbursed by a formula that differs from department to department. Your second question requires you to file a RTK.

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  33. Look at any of the outsourced professional contracts and you will immediately understand that private costs are doubled. There is no savings with outsourcing.

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  34. Outsourcing is expensive and results in a decrease to public services. Look into IL and Maximus.

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  35. To the alleged freedom loving Trumpettes, Goodwin Rule is just that one guy's claim. It is not a commandment from God. It is often trotted out by people who have never read Goodwin. Spare us the sophomore lessons.

    You mindless droned will come on say you hate Trump and within two sentences tell people how great he is. Is that from the Breitbart, Koch or Fox playbook. You claim to love freedom but are slaves to the orange clown.

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  36. Why don't you publish what us taxpayers pay for the benefits of the union employee's?

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  37. We endorse the labor policies of Mr. Adolph Hitler.

    Greater German Chamber of Commerce.

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  38. 9:35 you are the clown for believing that Trump supporters are incapable of independent thought. The same could have been said for the Obama zombies or ANY political supporters. We like Trump because he is the anti-politician would has sacrificed his lucrative business ventures, a presidential pay, to serve our country. No one can buy him off.

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  39. Does this open the door for member states of the old Confederacy to dissolve membership in the Union and stop paying taxes, while still enjoying the protection of the Union?

    Can individuals forgo citizenship and still reap the benefits afforded citizens.

    This decision is specific to Labor Unions, however the logic of the argument applied else ware seems ridiculous.

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