Union members in Pa. have rights

By Richard Berman

Twenty-seven percent of Pennsylvania's union households would leave their union if they could do so without penalty of losing their jobs, seniority, or pay, according to a new poll by National Employee Freedom Week. a workers' rights advocacy group.

Pennsylvania's results weren't out of the ordinary. Nationally, 33 percent of respondents indicated that they would stop paying union dues if given the chance. Even Midwestern states with strong labor roots had impressive numbers: Illinois and Michigan came in at 30 percent and 28 percent, respectively.

Why aren't union members leaving their unions in droves? Quite simply, because they don't know that they can.

Organized labor has worked overtime to make sure that every employee knows that he has the right to unionize. The National Labor Relations Board's now-invalidated "poster rule," which required employers to post notice of an employee's right to unionize in a conspicuous place, was a case in point. Predictably, the emphasis was on an employee's right to join a union, but failed to equally support the right not to join.

The fact is, union members in every state have the right to leave their unions. Even though Pennsylvania is a non-right-to-work state - employees must pay union dues irrespective of their support of or membership in the union - union members still have options.

One option is to become an "agency fee" payer. Members who disagree with their union's politics can stop paying the portion of their dues that goes toward political activity. All employees must pay the share of dues that goes for bargaining with their employer, but they can opt out of paying for union political activity.

Considering that more than 90 percent of unions' political spending goes to Democrats, this is an especially attractive option for the 43 percent of union households that exit polls show voted for Republicans in 2012. Employees who choose this option are protected, as it is illegal to revoke or otherwise modify the salary, benefits, seniority, or employment of workers who exercise their rights.

There are other things union members should be aware of. For example, more than 90 percent of them never voted in favor of the union that represents them; they either voted "no" or were forced into it the moment they were hired.

Updating federal labor laws would fix some of these problems. The Employee Rights Act would ensure workplace democracy by guaranteeing secret ballots for unionization votes and strikes, among other measures. It would also criminalize the threat of union violence and require that union members explicitly consent to the use of their dues money for politics. These necessary reforms would ensure that the interests of union members and their leaders align.

Regardless of what happens at the federal level, however, Pennsylvania's employees have fundamental rights now that don't stop at the office or factory floor. When it comes to union membership, employees have the freedom to decide for themselves.