September 19, 2005
State Employee Defies Union

The Olympian reports today on Washington Department of Labor and Industries employee Stephen Sergi, who has refused to join the union representing his workplace colleagues, and who may be fired as a resut. He is not the only state employee resisting mandatory union membership.

Read on. (Mac Safari users must click on time stamp below, to continue).

To Sergi, it's a matter of principle. He said everything about the ratification of the contract requiring dues was suspicious -- the late notice of the vote, the location of the vote at union headquarters, the silence of management on the issue and the amount of money the union stands to gain through new members. "It was all so below-board and hidden. It's wrong on so many levels. It's hard for me to believe they would actually fire me, but who knows?"

....Sergi said he is still "testing the waters" on how far he will push his refusal to join the union. He said he has considered forcing the agency to fire him and following with a lawsuit, but he is not sure whether he could afford that.

By the end of the month, the union expects to have a list of workers who have been warned and who still have not turned in a union card...That list will be given to the state agencies.....Sergi said he hopes it is a long list and that it is not certain that he'll lose his job if he is on it. "I don't think it's a certainty," he said. "I can't picture them (the state) firing 3,000 people."

A majority vote by union membership to accept a collective bargaining agreement should be upheld. However, the agreement should be binding only to the extent that labor has specified obligations to management, and vice versa. A contract that allows labor to force union membership and dues payment on workers who prefer not to belong to the union goes beyond the pale.

Perhaps if public employee labor unions were more about excellence and efficiency instead of job protection for the terminally incompetent and harsh, bullying rhetoric, then mandatory union membership and dues wouldn't smell quite as bad.

Are there any highly competent attorneys with the appropriate experience who would represent Stephen Sergi - and/or others in his shoes - pro bono? I suspect the answer is "Yes."

Posted by Matt Rosenberg at September 19, 2005 09:22 AM | Email This
Comments
1. Don't know all the details of this issue, but I think it goes like this...our state government is threatening to fire employees who do not join (and pay money to) an outside third party (a labor union). Why does the state care if their employees belong to a union or not? I fail to see how it's any of their business...Isn't this extortion?

ex-tor-tion - the illegal use of one's official position or powers to obtain property, funds, or patronage.

Follow the money, a significant portion will be used for political activism.

Posted by: dl on September 19, 2005 09:57 AM
2. I suspect the reason management hasn't made much of a stink is because a large segment of the management at L&I is not only sympathetic to the union cause, they're former union leaders themselves - in and out of state government.

You tell me we have 25 years of Democrat governors and Democrat state agency heads and it's NOT going to be tilted overwhelmingly in one direction?

Posted by: jimg on September 19, 2005 10:07 AM
3. FOR TO LONG NOW, OUR LAWMAKERS HAVE ENGAGED IN IDLE DISCUSSION, SELLING THEIR WARES ON THE STEPS OF DECEIT AND HYPOCRISY!!!!!

Posted by: TACOMA PHLASH on September 19, 2005 10:13 AM
4. I am an employee at a major aerospace company in Washington, and while I am represented by a union I refuse to join, at least I have that choice.

One option, though, that was taken away from me 6 years go, was the choice to financially support the union or not. As a result of a vote of only the union membership - that to no one's surprise voted to institute fees to non-members - I am now required to support the union financially, regardless of my personal opposition to it as a non-member.

As a Beck Objector, I do have and exersize my right to refuse supporting the political activities of this union, and am required to pay "only" 80% of the normal dues in what is called "agency fee". In doing so, I must give up my right to vote on union matters. In other words, to buy the right to vote on union matters, I have to pay that additional 20% of dues to directly support the policital activities of the union, including its support of Liberal Democrats and the positions of its union alliances that include the AFL-CIO.

Posted by: Mike on September 19, 2005 10:14 AM
5. We could ask Gregoire about this one...errr but she is out traveling to Bejing and who knows where else as she is often doing, on taxpayers money. Took about 50 people with her including our last governor. I wonder what this boondoggle will cost us? $ $ $ $ $ $ $ $ $ $ $ $


Posted by: GS on September 19, 2005 10:41 AM
6. Ah yes. Once again we see how labor unions look out for the rights of workers. Unless they want to exercise their right not to associate with labor unions.

Can you imagine a world run by these people? We'd have compulsory membership in approved political parties that contributed to the union you're forced to join in order to remain employed at the job decided for you sometime after being born.

M

Posted by: Mike on September 19, 2005 11:39 AM
7. I am a Beck Objector myself at that same aerospace company in Washington. Think about it 20% out of all members in speea alone. Then extorted by the AFL-CIO witch contributes 98% to the Democratic Party. This is just a way to extort money out of the general public to the Democratic Party. I tell everyone I know “If I wonted to contribute to any political party, I will do it myself”.

Posted by: Mark on September 19, 2005 12:00 PM
8. So can someone explain to me how this isn't racketeering?

Posted by: Grog on September 19, 2005 12:44 PM
9. Ouch! This proves that unions have generaly outlived their usefulness!What a bunch of crock!! I hope these people find a good attorney like Mr Newman & nail these goons to the wall!!

Posted by: Laurie on September 19, 2005 01:33 PM
10. I once worked for a WA state agency as a professional employee. Union dues were required of everyone (including professionals), but it was not required to be a member of the union. We were instead assessed an "agency" fee for their having negotiated a very bad contract.

The primary purpose of the union appeared to be one of sending out periodic email "updates" telling us how bad the management was and how good the union was at protecting us. The union seemed to serve no other purpose than to act as a rabble rouser constantly bombarding us with messages telling us how evil management was to us. They created a broken work place through this effort.

The entire organization was badly broken and if in the private sector, would have been bankrupt. I could not stand the culture of non-performance, so quit and will never work for either a government or unionized position ever again. (That said, there are, in fact, a few government employees who are really smart, hard working and truly care about what they do. Wish there were a lot more like them.)

Posted by: Tom on September 19, 2005 07:34 PM
11. Tom---
What a great testimonial to the totally ineffective Washington State bureaucratic TUB OF GOO!!! I'm happy for you that you got out. I'm sure your life is much better. Just think how many people there are like you Tom that just hate their jobs and the environment of low expectations yet hang in there for 30 years for a pension. SAD.
The only way to change this ineffective bureaucracy in Washington State is by starting at the top. That's why I voted for Rossi. I beleive he would have eliminating virtually all at-will employees. A good way to start the change---leadership. Then we need to take away the money so these bureaucracies and the regulations that feed them are streamlined and cost effective.
Thanks Tom

Posted by: Mr. Cynical on September 19, 2005 08:14 PM
12. The National Right To Work Legal Defense Foundation is the premier expert in this area of the law, and exists for the purpose of defending and assisting persons who are being abused by labor unions.

Just 'Google' their name (above) and you will find them to be enormously helpful. Also, Evergreen Freedom Foundation in Olympia, WA can be of help.

Posted by: Paul J. Henry on September 19, 2005 08:24 PM
13. I'm a progressive, though not a great fan of unions. I am, however, a believer in democracy. Consider the following from the Olympian article:

"Out of 37,000 people represented by the largest state workers union, the Washington Federation of State Employees, more than 29,000 have elected to become full dues-paying members..."

I believe that would be what we call a DECISIVE majority.

The right wing has been quite successful in recent years through its mau-mauing and gaming the refs. But votes are votes. Look, I'm not whining about Ohio, or butterfly ballots, or Bush v. Gore. You simpering pantywaists, however, cannot let anything go. I hope you enjoy simmering in your fetid swamp of sad grammar and syntax (I won't even address the spelling).

In any real debate (as in life) you need to put up or shut up. On this issue your arguments simply don't cut it, legally, logically, or otherwise. The Right has been very successful over the last decade functioning as the public equivalent of the playground bully. Bully boy tactics no longer work. If you wish to fight, you need to do so with genuine facts -- and be prepared to have factual, substantive support for your positions.

Reasonable people of good will from right, left, and center are open to intelligent dialogue. I would love to see anyone here or elsewhere rise to the challenge.

Posted by: bartelby on September 19, 2005 08:37 PM
14. I too was a Beck protester in Alaska. Just google Beck vs communications workers of America. As Paul J. Henry mentioned the National Right to Work is an excellent place to contact at link. I don't know if the Institute for Justice handles union problems but they do have a Washington affiliate at link
The Institute for Justice Washington Chapter (IJ-WA) works to vindicate the constitutional rights of the residents of the Evergreen State. From its offices in Seattle’s Pioneer Square neighborhood, IJ-WA litigates in the areas of economic liberty, educational choice, property rights and free speech. The Washington Chapter specifically concentrates on cases involving those rights secured by the Washington State Constitution.
This is at the heart of Beck and the use of union dues in political activities.
To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical.
Thomas Jefferson

Posted by: tom scott on September 19, 2005 08:53 PM
15. Gee, Tom, I feel the same way about my tax dollars going down the rathole in Iraq. Unfortunately, a tiny minority of my fellow citizens re-elected the buffoon leading that particular parade.

Does my vehement disagreement allow me to stop paying my taxes?

Posted by: bartelby on September 19, 2005 09:29 PM
16.
"Out of 37,000 people represented by the largest state workers union, the Washington Federation of State Employees, more than 29,000 have elected to become full dues-paying members..."
Posted by: tom scott on September 19, 2005 09:42 PM
17. Oops, messed up a tag.
"Out of 37,000 people represented by the largest state workers union, the Washington Federation of State Employees, more than 29,000 have elected to become full dues-paying members..."
Was this before or after the coercive Gregoire action?
Now for the selectively copied quote.
Out of 37,000 people represented by the largest state workers union, the Washington Federation of State Employees, more than 29,000 have elected to become full dues-paying members, rather than pay a lower fee and lose their voting rights, said spokesman Tim Welch. He said it is an encouraging net gain of 10,000 new union members this year.
10,00 new members. My, my, isn't the coercive force of government a wondrous thing.
It is a freedom of speech vs compulsory speech issue. It's not that you can't criticize Iraq but that you would be forced to speak approvingly of it.
Withholding of taxes is certainly an option open to any true believer paying homage to strongly held convictions.

Posted by: tom scott on September 19, 2005 10:02 PM
18. bartelby, take the foil off your head. It wasn't a "tiny minority" that elected he whom you loathe. He got a REAL majority. Something Clinton didn't. Secondly, if the majority rule comes to play about unions, why doesn't it hold water about something like......oh let's say the display of the 10 commandments or a nativity scene at Christmas time. Hmmm?

Posted by: PC on September 19, 2005 10:03 PM
19. "Out of 37,000 people represented by the largest state workers union, the Washington Federation of State Employees, more than 29,000 have elected to become full dues-paying members..."

As a beck objector you are considered a non union member. I would like to know how many of the union members there would be if beck objectors could vote in the unions that so call represent them. Considering they use some of the agency fee to run the voting process. Isn’t that the nice catch 22. You can be forced to pay us to represent you, but if you don’t let us take your money and throw it down the toilet of the Democratic Party. You can’t vote in are high and mighty union.

Here is two solutions to fix the problem.

1. beck objectors are considered union members an can vote.
2. Their not considered union member and you take off the all the money for running the union. This would probably change the -20% to at least -50%.

Posted by: Mark on September 20, 2005 07:10 AM
20. Go away Bartleboob, you witless fool...

Posted by: alphabet soup on September 20, 2005 10:52 AM
21. Bartelby, surely you didn't just suggest that by a majority vote anything may be imposed upon a person! Didn't slavery have a majority vote support?

And surely you didn't equate the formal decisions of our open, Constitutionally established US government with the private, secretive and self-interested activities of union ponzi-scheme operators?

did you?

Posted by: Anon on September 20, 2005 11:22 AM
22. Unlike Mr. Sergi, I did find out about the vote -- and the clause buried down in the contract about forcing everyone other than managers to join the union. The information got to me via the rumor mill the day before the vote. Unlike Mr. Sergi, I made the effort to go down to the union headquarters building and vote. Fat lot of good it did. I was allowed to fill out a ballot, but was not allowed to put it in the ballot box. Instead I was told to hand it to one of the poll workers (all of them wearing their Union shirts) and they would put it in the ballot box for me. I hung around the room for a while, read the proposed contract and kept looking over at the table where the ballots were being collected. I never did see my ballot go in or even toward a ballot box.
Since that day, of course, the Union bulletin boards have been full of all their self-justification about the "honest and open election"..."the majority of the employees elected to join the Union."
In fact, it was all a well-scripted deceit, starting back when the proposed contract was "negotiated" by Eva Santos. Remember her? The one who later said it was time for the hold-outs to quit delaying and "get on board."
Rather than continue with this charade, we should just have an open -- and fully monitored -- election where ALL of the employees of the departments get to vote. What do you think the outcome of that would be? The Union already knows. That's why they're blocking it.

Posted by: Mickey D on September 20, 2005 05:57 PM
23. Speaking of this subject --my sister, a public school teacher down in California, is suing the teacher's union again. She beat them last time around, and just might beat them again. Hooray for her!

Posted by: Michele on September 20, 2005 09:01 PM
24. So when time came for us to join the teacher's union, the shop rep pointed out that you didn't have to join but if you didn't join you'd only get about $23 back. Of course he didn't point out that this was only the local association dues portion that was refunded. The real amount, including WEA and NEA is over three hundred. Wonder how many people wouldn't have joined if they knew they would get over $300 back?

Bartelby, You didn't explain why I have to pay all the fees to run the union when all I get out of it is collective bargaining. I don't have to pay political costs, but I still have to pay for the meetings that the union runs, the workshops that the union runs, etc, and I don't even get to vote on the contract. (at least that's what they told me. I am looking into the legality of that since I will be bound by the terms of the contract).

Posted by: Calvin A on September 20, 2005 09:37 PM
25. Bartelby, Bartelby, where for art thou thee Bartelby?

Posted by: tom scott on September 21, 2005 12:37 AM
26. Crawled back under his rock, I suppose....

Posted by: alphabet soup on September 21, 2005 07:57 AM
27. You know, This is one of many reasons why I will never ever join a union. Forget about them. I take care of myself

Posted by: RennDawg on September 22, 2005 05:28 AM
28. I would strongly suggest that this violates state workers Constitutional rights under the first amendment to freedom of association. In this case the State is compelling association (with the union) against the individual's desires. I think this is as unconstitutional as if the State attempted to force an association to include or exclude certain members. This is a Constitutionally invalid position, and I would be interested to know if his attorneys have thought about challenging it on these grounds.

Posted by: Monkeyboy on September 26, 2005 02:35 PM
29. Iam the first beck objector in the history of the Longshoremens Union. My local is so corrupt Iam ashamed to be part of the union. I was kicked out the dispatch hall because they told me I was a non member. I have now filed NLRB charges against the union. Iam sure this is going to be just part of what things their going to do to me. The union officials are bullys and alot of members are afraid to stand up to them.Our B.A. is the worst and the union members are angry but will not stand up to them and I do understand how they feel but this cant go on. If anyone knows of a good attorney please let me know and who I could go to to get protection.Thanks

Posted by: kaye on November 3, 2005 10:13 AM
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