Federal judge halts ban on payroll deduction to Alabama Education Association (AL.com)

[eppur_se_muova]

Published: Friday, March 18, 2011, 5:20 PM Updated: Friday, March 18, 2011, 5:41 PM
By Crystal Bonvillian, The Huntsville Times

HUNTSVILLE, Alabama -- A federal judge issued a temporary injunction this afternoon halting a new state law that could potentially cripple a statewide teachers' organization.

U.S. District Judge Lynwood Smith issued the injunction against a law passed by the Alabama Legislature in December that bans school employees from having their Alabama Education Association membership dues directly deducted from their paychecks. The law was to go into effect on Sunday.

Dr. Paul Hubbert, executive secretary of AEA, said the organization had been hoping for a ruling on the injunction before the law goes into effect.

"Once the law goes into effect, we will lose January dues, which are collected in February," Hubbert said shortly before the ruling was filed. "We may also lose February dues, collected in March. A couple of months' worth of loss makes it hard to operate." Hubbert could not be reached immediately after the filing.

Rex Cheatham, AEA Uniserv director for the Huntsville district, said he was "ecstatic" about the ruling. "We are so happy for all the teachers and principals and everyone affected by the ruling," Cheatham said.
***
more: http://blog.al.com/breaking/2011/03/federal_judge_halts_ban_on_pay.html

ETA: Some earlier related stories in links on right of page -- "most commented" on al.com


Looks like Bentley has pretensions of being the next Scott Walker ...

[FBaggins]

1. WHY would this "cripple" the union?

Do we really think that members' support for the union is so low that they won't pay their dues unless the state forces them to?

Why do so much of this seem to boil down to assuming that the RW is correct?

[Historic NY]

3. The ease of making the contribution weekly, bi-weekly or monthly....

its done it over. I bet a sharp legal mind could argue if unions are an illegal deduction from payroll...a lot of other ones could be also. The intent here is to penalize & disrupt a union.

[proud2BlibKansan]

5. Let's also stop United Way payroll deductions

They would go out of business. Quickly.

[FBaggins]

6. Are these voluntary deductions?

This isn't something that gets set up automatically?

Then I can't see how they can do thiat. I thought the attempt (in WI for instance) was to remove the mandatory dues collections.

[proud2BlibKansan]

8. Yes and so are union dues

It doesn't seem constitutional for the state to tell employees who they can and can't give their money to.

[proud2BlibKansan]

10. Teachers unions are voluntary

Haven't we had this discussion before?

Teachers VOLUNTARILY join unions. There is no mandatory dues collection. This attempt and the one in Wisconsin - and everywhere else it's happening - is union busting. There is no other explanation.

[FBaggins]

11. No. I'm not aware of having the conversation previously

Teachers VOLUNTARILY join unions.

Doesn't that vary by state? I know that in some positions you can decide whether or not to become a member of the union, but you owe the dues either way (you DO benefit from the collective bargaining either way, so it probably makes some sense).

Wisconsin would seem to be an example of that. I can't imagine why you would pass a law that says that union membership and dues are voluntary... if they already were.

This attempt and the one in Wisconsin - and everywhere else it's happening - is union busting.

Well.. chyea. That much is obvious (I'm not sure that they're even trying to hide it). I'm just trying to figure out why this move would have any long-term impact. I think that most people who are in a union would remain part of the union. Don't you?

[proud2BlibKansan]

14. I looked it up and got an about.com link

Not the best source but it says voluntary. In my state, even though it's not a right to work state, teachers have to volunteer to join - our union is not covered by union legislation. I'm reasonably certain that's the policy in all 50 states. Took labor history about 20 years ago - teachers and other public employees are banned from striking and also have to recruit for their unions.

[proud2BlibKansan]

4. Yes it's crippling because now they have to ask for checks every month

I can think of several examples. Payroll deduction is easier. Our COPE deductions literally skyrocketed once we were allowed to use payroll deduction.

It's also a free speech issue, IMO. Why does anyone have the right to tell a worker how they can and can't spend their earnings?

This is clearly union busting.

[FBaggins]

7. They could set up automatic drafts from your checking account.

I've got several of those every month.

I don't see how asking people to fill out a new form and provide a copy of a check or deposit ticket will "cripple" the union - unless the union thinks that people will choose not to pay.

[proud2BlibKansan]

9. But they won't

My union has done it both ways. Payroll deductions are much better and easier for both parties. It's a negotiated agreement between the union and the employer. There's no reason for the state to be involved.

[FBaggins]

12. They won't?

I'm sorry... I don't get it.

You're saying that they're in the union because they want to be in the union (I agree), and they don't seem to have a problem with the dues (seems logical), but they wouldn't set up an automatic draft from their checking account to pay dues that they owe... they would just let their membership lapse? That doesn't make sense to me.

Payroll deductions are much better and easier for both parties.

Of course. I use the same thing when it's an option. But it doesn't keep me from paying something I voluntarily owe when it isn't an option.

That's what I'm trying to figure out. How much money do we REALLY think the unions are going to lose (and thus, how much of their membership) in these cases. I just can't imagine that it's that many.

[proud2BlibKansan]

13. Like I said, we've done it both ways

People forget to send the check, they don't have the money, they change bank accounts so auto drafts fail, and on and on. Yes I would remember to pay. But not everyone remembers.

[FBaggins]

15. So (IMO) the big issue is...

...the union has to create a bill-collection group.

Not what we create unions for. I don't even like having to collect the $150/year homeowner's association dues from neighbors. I'd really hate to be the guy who has to send dunning notices to brother union members who I knew were underpaid to begin with.

[proud2BlibKansan]

16. I don't think my union could afford to do that.

We have very few employees in a small office. One of them would undoubtedly be the one doing the bill collecting, leaving no time for real union tasks.

[FBaggins]

17. I'm sure that's their goal.

n/t

[iwishiwas]

2. Good to see.

[yurbud]

18. that's good news