Dear Council Members and State Conference Leaders: For your information, the e-mail below just went out to AAUP union chapters.
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Welcome to a new semester and a new year. We know that we will face challenges in 2018, but we also see great hope emerging because of AAUP leaders like you.
On Friday, the AAUP filed with the National Education Association (NEA) an amicus brief in the US Supreme Court.
The case Janus v. American Federation of State, County, and Municipal Employees, Council 31 is the latest legal threat to union rights and is part of a broader effort to weaken the power of working people, to undermine public services, and to erode the common good. The AAUP, with its members and allies across the country, will continue to fight these attacks, and AAUP chapters will continue to organize to defend higher education as a public good.
The brief we filed argues that fair share fees (also called “agency fees”) paid by nonmembers in public-sector unions are a fair and equitable way to distribute the costs of collective bargaining among all who benefit. In this case, wealthy interests and anti-union forces are making their second attempt to overrule the Supreme Court’s 1977 precedent in Abood v. Detroit Board of Education, which holds that fair share fees are constitutional under the First Amendment. Anti-union organizations are trying to use the Janus case to “deal a mortal blow” to unions.
The NEA/AAUP amicus brief explains that the US Supreme Court’s historical interpretation of the First Amendment gives the government, in its role as employer, significant authority to manage the public sector workplace. Where state laws provide for public sector unionization, public employers have strong interests in ensuring robust collective negotiations, including fair share contributions by employees who are not members of the union, but who share equally in the benefits.
Evidence shows that maintaining a robust collective negotiations system advances the public’s interest in providing high quality public services. The amicus brief discusses studies showing that unionization in public schools and universities is linked to improving the quality of education and of working relationships within educational institutions.
The Supreme Court will hear oral arguments in the case on February 26, 2018. A decision is expected by the time the Court’s term ends in late June 2018. If the Supreme Court reverses course and decides that fair share contributions are unconstitutional, this would likely be effective the day it is issued.
On February 26, the day of oral arguments, solidarity actions will take place across the country. We will be at and outside the Supreme Court. Public employees and their communities from coast to coast will join hands in solidarity actions against the attacks on working people. We encourage you to join or create campus forums and teach-ins; have classroom discussions of these issues where relevant; emphasize solidarity and unity with your membership; create visibility actions; establish or meet with campus and coalition groups; and to contact campus and local media about what this means for your community.
New:
Are ‘evergreen’ membership cards right for my chapter? Using ‘evergreen’ membership cards are one way to ensure the union’s long term sustainability in the event of an adverse decision in Janus. Read more about them on our Chapter Leader Resources page, and watch a webinar on Janus-Proofing Your Contract
“Janus-proofing” your CBA sample language: Making changes to collective bargaining agreements might seem like a tall task if you aren’t sure where to start. That’s why we’ve pulled examples from AAUP collective bargaining agreements from all over the country to help you get started. Have a look on our Chapter Leader Resources page.
In case you missed it:
Start preparing your chapter members for some of the anti-union messaging that’s likely on the horizon. Check out new resources on how to counteract anti-union campaigns here, including: What Happens After Janus? Inside and Out.
If you weren’t able to join our organizing webinar, Preparing our Members for Janus, please find materials and a recording of the webinar here! Materials are also linked on the chapter leader page here. (login required).
If you weren’t able to join our ‘Janus-Proofing’ your chapter webinar, please find materials and a recording of the webinar here. Materials are also linked on the chapter leader page here (login required).
Top 3 tips for this month
- Plan for the February 26 day of action! Labor and community organizations all over the country are planning events and actions to coincide with oral arguments at the Supreme Court in the Janus case. Contact other labor and community organizations on your campus to find out what is being planned, and how your chapter can take part and engage.
- Finish recruiting faculty, and practice your conversations. Take the rest of this month to fill in the gaps in your worksite structure. Does every department or college have a union member assigned to it? Once you’ve done that, get everyone together for a training, and divide up the campus for the first round of office visits. Contact your AAUP organizer for assistance!
- Get in touch! If you haven’t already, get in touch with the AAUP organizer assigned to your region. Not sure who that is? Contact organizing@aaup.org. We’re here to help!
General member and public resources can be found here www.aaupcbc.org/together.
Stay tuned for future updates and contact an AAUP organizer for additional support. We will continue to send these monthly updates to help your chapter organize and prepare for the upcoming Janus Supreme Court decision. Please continue to send us your ideas about additional trainings, resources, or webinars that you would find helpful.
Our activism has never been more important and we are grateful to be standing together with you to organize for our futures.