Analysis: Teachers Unions Will Argue in Court That ‘Agency Fees’ Don’t Fund Political Activities. But They’re Saying Something Different to Members

Mike Antonucci:

Last week Union Report reported on a directive sent by the National Education Association listing “8 essentials” that should shape local collective bargaining agreements if the U.S. Supreme Court overturns agency fee laws in the coming Janus case. Such laws allow unions to collect payments from non-members, ostensibly to cover the costs of contract negotiation.

Oral arguments in the case may occur as early as January. Plaintiffs will argue that agency fees levied by public-sector unions are unconstitutional because bargaining with the government is a form of political advocacy with which they may not agree.

The unions will argue that engagements with the government as an employer are fundamentally different from those with the government as sovereign, and that workplace “coherence” makes it necessary for non-members to subsidize the majority position. They will claim that fee-payers are not supporting unions’ political speech in any meaningful way.

Related: Rachel Cohen:

American Federation of Teachers President Randi Weingarten met one-on-one with then-White House chief strategist Steve Bannon back in March, following the announcement of President Donald Trump’s proposed budget cuts and plan to craft a $1 trillion infrastructure package. The Intercept learned of the meeting, which has not been previously reported, independent of Weingarten or Bannon. It was instigated through a mutual friend and appeared to be part of Bannon’s effort to realign the parties, according to Weingarten.

“Look, I will meet with virtually anyone to make our case, and particularly in that moment, I was very, very concerned about the budget that would decimate public education,” Weingarten said. “I wanted it to be a real meeting, I didn’t want it to be a photo-op, so I insisted that the meeting didn’t happen at the White House.”

Weingarten didn’t take notes at the meeting, which was held at a Washington restaurant, but told The Intercept she and Bannon talked about “education, infrastructure, immigrants, bigotry and hate, budget cuts … [and] about a lot of different things.”

She came away a bit shook. “I came out of that conversation saying that this was a formidable adversary,” she said.