Conservatives may believe they accomplished what they've endeavored to do for decades with the U.S. Supreme Court ruling in Janus v AFSCME, which undermined the ability of public-sector unions to raise funds from workers, but they may have also unintentionally unified progressive Democrats with teachers' unions as never before to form a more powerful grassroots movement.
That unification is certainly the image conveyed by the annual conventions of the National Education Association and the American Federation of Teachers that both took place in July. Union leaders at both events made strong speeches denouncing President Trump and U.S. Secretary of Education Betsy DeVos, vowing to thrive despite Janus, and pledging to harness the energy of the #RedForEd movement that sent teachers out into the streets to protest in state after state across the nation this spring.
Partners in a Revolution
At the AFT meeting, the two former rivals for the Democratic Party's 2016 presidential nomination - former Secretary of State Hillary Clinton and current U.S. Senator Bernie Sanders of Vermont - joined union President Randi Weingarten on stage – although not together. All three hailed teachers as partners in a "revolution."
Clinton, in her speech, placed the union firmly in an "unprecedented outpouring of grassroots activism" for the broad progressive agenda for affordable healthcare, immigrant and refugee students, LGBT rights, and gun safety measures. With a reference to the "wrongly decided" Janus decision, Clinton declared, "Teachers' unions aren't going anywhere."
In his address to the AFT, Sanders placed teachers in the "political revolution" that served as the theme of his political campaign. He called the Janus decision "disastrous" but said it may have "unintended consequences" and become "a big surprise … that helps us rebuild the trade union movement in America."
Backlash to Janus
Indeed, political and labor journalists have reported that an anti-union decision for Janus could throw employment policies into chaos by opening a Pandora's box of countersuits from labor groups and a ratcheting up of labor militancy.
Already, there are signs of a powerful union counteroffensive to the Janus decision.
In New York, teachers are going door to door to encourage "fee-payers," those teachers and school staff who had declined to join the union but were still obligated to pay union fees pre-Janus, to pledge to "recommit" to the union. The campaign thus far has resulted in the American Federation of Teachers and its state affiliates obtaining recommitment pledges from some 500,000 members in 18 states over the past five months, according to the New York Times.
In California, "unions have been preparing for Janus for several years," reports Capital & Main. Prior to the court's decision, teachers' union members voted in favor of raising dues, and the unions conducted outreach to fee-payers to cut their numbers in half.
Public sector unions are engaged in a “Conversations and Cards” campaign to get fee-payers to sign recommitments, an effort modeled after a successful campaign by the United Domestic Workers of America health care workers.
Organized labor's response to Janus "might represent a paradigm shift that could transform public-sector organizing," says the C&M reporter. "California has already erupted in a virtual fever of union organizing and membership-building unseen since the public-sector labor movement’s formative heyday in the 1960s and ‘70s."
“We’ve already had close to 100 percent of our members recommit,” says the president of the Boston teachers' union. The Illinois state teachers' union claims to have recommitment cards from 90 percent of its members, the Minnesota teachers union claims to have gotten its number of fee-payers down to only 5 percent of members, and the Pennsylvania teachers union reports its number of recommitments is 30 percent so far.
In legislative action, labor organizing has helped push through new measures in state legislatures to protect unions, including bills in California that improve union access and communications to employees, a Maryland bill requiring new teachers to meet with a union representative, a New Jersey bill that gives unions a broad range of new protections, and in New York a new bill expressly written to counter the Janus ruling and an executive order from the governor to protect public unions from union opt-out campaigns.
'A Crisis for America'
Conservatives of course are not resting on their laurels after Janus.
As The New York Times reports, The Mackinac Center – a Michigan-based rightwing advocacy group funded by an array of conservative foundations, including those linked to the Koch Brothers and the DeVos and Bradley families – "is planning to spend $10 million this year and $40 million to $50 million over the next two or three years on a 'national awareness campaign'" to convince current union fee-payers and members to opt out of their unions
The organization's "My Pay, My Say" campaign funds a national call center, with round-the-clock 20 paid staff, canvasses, and literature campaigns across the country.
Mackinac's pressure campaign is linked to an even broader effort by the State Policy Network – another rightwing creation of state-based advocacy groups funded by the same web of extremist billionaires – "to persuade public-sector trade union members to tear up their membership cards and stop paying dues," The Guardian reports.
"The secret push, the group hopes, could cost unions up to a fifth of their 7 million members, lead to the loss of millions of dollars in income and undermine a cornerstone of US progressive politics," says the reporter.
The unions' strong counteroffensive to the post- Janus campaigns by conservatives may have been expected, but the full-throated support from Democrats that teachers' unions are getting was never a sure thing and may be yet another consequence of Janus that conservatives may not have not considered.
Indeed, conservatives may have convinced Democrats that teachers are front-and-center in the fight for the party to regain its representation in government.
In her address to the AFT, Clinton told teachers, "Every American has a stake in what you do … whether they realize it or not." She implored teachers to reach out to others in the progressive movement and convince them that unions aren't just about helping workers but uplifting communities.
Massachusetts Senator Elizabeth Warren, who also spoke at the AFT event, declared, "This is a time of crisis, and a crisis for America's teachers is a crisis for America." In her powerful rallying cry, she implored teachers to join other progressives in "raising our voices for democracy" and "organize like we've never organized before."