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UUP President Fred Kowal joined union leaders nationwide in decrying the U.S. Supreme Court’s decision to hear Friedrichs v. California Teachers Association, a case that could weaken public sector unions by denying them the ability to collect fees from workers who reject union representation.

“I am disappointed by the court’s move to review a suit bankrolled and propelled by wealthy anti-union forces designed to weaken and eventually break public sector unions,” Kowal said in a June 30 press statement. “By taking up this case, the Supreme Court is facilitating yet another vicious assault on working families, which serves to push the American Dream further and further out of reach for millions of laborers nationwide.

“Unions provide the opportunity for success and prosperity for those who work hard and play fair. Organized labor makes America strong. Unions give workers a strong, necessary voice. But this is an outright attack on working families, the American economy and the American way.”

On June 30, the court agreed to take up Friedrichs, a case brought by 10 California teachers who argue that paying such fees—known in New York as agency fee—is unconstitutional. The court won’t rule on the case until it resumes session in October; a decision could come as soon as December.

For decades, public sector unions have been allowed to collect fees from nonmembers, who would otherwise unfairly benefit from higher salaries, better working conditions and other union-negotiated benefits. Nonmembers must pay their fair share for representation, as per the Supreme Court’s landmark 1977 ruling, Abood v. Detroit Board of Education; they are not obligated to join unions, pay union dues or for political advocacy against their beliefs.
Other voices

In a joint statement, the NEA, AFT, AFSCME, SEIU and the California Teachers Association said the Supreme Court “has chosen to take a case that threatens the fundamental promise of America—that if you work hard and play by the rules you should be able to provide for your family and live a decent life.”

“America can’t build a strong future if people can’t come together to improve their work and their families’ futures,” the statement said. “Moms and dads across the country have been standing up in the thousands to call for higher wages and unions. We hope the Supreme Court heeds their voices.”

Said Kowal: “In the wake of recent major Supreme Court decisions that upheld same-sex marriage and the Affordable Care Act, I am confident that the justices will see this case for the sham that it is and rule accordingly.”

On its website, NYSUT has posted detailed information about Friedrichs, including a breakdown of the case, a frequently asked questions section and links to information on the case.
It’s all about Abood

Friedrichs poses a significant threat to organized labor and could weaken union solidarity and the ability of unions to effectively represent its members.

In its review of Friedrichs, the court may decide to reverse Abood, which asserted labor’s constitutional right to collect agency fees. If it does so, unions would still be left with the responsibility—required by law—of representing their entire bargaining units.

That includes “free riders” who would no longer have to pay agency fee and current union members who choose to leave the union to pocket their union dues, which amounts to about 1 percent of their salary. With Abood, the court asserted that it was not unconstitutional to collect fair share agency fees; it has subsequently upheld and reaffirmed the ruling.

Last year, anti-union groups challenged the legality of Abood through another case, Harris v. Quinn. The court chose not to overturn Abood, but conservative Justice Samuel Alito was highly critical of Abood in the majority opinion.

Anti-union groups seized the opportunity; in January, California teacher Rebecca Friedrichs and nine other teachers filed a legal challenge. She’s being represented by a Washington, D.C.-based anti-union group, the Center for Individual Rights.

The Supreme Court will consider the case in its next term in October. The court must rule on the suit by June 30, 2016.

The Supreme Court’s ruling that same-sex marriage is a constitutional right is a major victory for freedom and equality, UUP President Fred Kowal said.

“This is a decision that is long overdue and very much welcomed,” Kowal said. “UUP has long supported gay rights and same-sex marriage and our union has stood steadfast in the face of those challenges. This landmark decision addresses the issues of equality and justice for all. Love wins out!”

On June 26, the Supreme Court issued its ruling on Obergefell v. Hodges, a case that challenged if the 14th Amendment required states to marry same-sex couples and recognize such a marriage performed out of state. Same-sex marriage has been legal in New York state since 2011.

In a 5-4 decision, Justice Anthony M. Kennedy, who wrote the majority opinion, said gay and lesbian couples are guaranteed the right of marriage under the U.S. Constitution.

“It would misunderstand these men and women to say they disrespect the idea of marriage,” said Justice Kennedy, referring to challengers to state bans on same-sex marriage. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
Bentley joyful over decision

Plattsburgh Chapter member Patty Bentley, a member of UUP’s Sexual Orientation United for Liberty (SOUL) Committee, NYSUT’s LGBTQ Task Force and a longtime gay rights supporter and activist, said the court’s ruling makes same-sex marriage possible in all 50 states.

“I am absolutely ecstatic that the (court) has affirmed that (America’s) motto is equality and justice for all,” said Bentley. It’s wonderful news and I am thrilled.”

Bentley, left, with AFT Assistant Director Marge Brown, attended a same-sex marriage rally in Washington, D.C., in April as the court heard oral arguments on Obergefell v. Hodges. She took a huge “We Are One” poster, above, to the rally; the poster was signed by hundreds of people who attended UUP’s Spring Delegate Assembly and NYSUT’s Representative Assembly in May.
Other labor voices

Here’s what other union leaders had to say about the court’s decision:

NYSUT: “NYSUT applauds today’s Supreme Court ruling in favor of marriage equality nationwide, a decision that is the culmination of a fight for justice over several decades by brave lesbian, gay, bisexual and transgender advocates and their allies.

“Across the country, LGBTQ workers aren’t treated fairly. In too many states, they can be fired based solely on their sexual orientation or gender identity. They experience harassment and discrimination on the job. They earn less than their straight co-workers and they don’t have equal access to benefits like health care. This decision is a tremendous step forward but there is so much more work to be done.

AFT President Randi Weingarten: “From Loving to Windsor to today, love has won. As people start seeing one another’s real aspirations and dreams for all our families and our communities, as well as for ourselves, we see that the arc of history does bend toward justice.

“And while this is a day of celebration, there is more work to do in our fight for full equality. As a gay woman and union leader, I know that I wouldn’t be where I am today if it weren’t for my union—an ally in the struggle for rights and a shield from unfair discrimination in the workplace.

NEA President Lily Eskelsen García: “Today the Supreme Court has taken a monumental step forward in our national journey toward a more perfect union by making marriage equality the law in every state of our great nation. On behalf of our members—and the students they serve—we applaud the court’s historic decision, which will end discrimination against same sex couples, place them on equal footing with other families and safeguard all of our children.

“We know that today’s ruling will make a tremendous difference both to the dignity and personal and economic well-being of same sex families and to the dignity and personal well-being of their children as well as others who have been bullied and fearful due to their sexual identity. We applaud the Supreme Court and the many advocates whose work resulted in today’s historic decision.”

AFL-CIO Secretary-Treasurer Liz Shuler: “Today’s Supreme Court decision marks a truly historic day in America. While there is still work to do to secure economic and social justice for LGBT Americans, the court’s ruling is a major victory for everyone who believes in equality.

“Same-sex couples will now have equal access to marriage licenses like any other couple. This ruling is a win for children, families, workers and our entire country.”

Dear Colleagues:

The final hours of the legislative session resulted in the passage of three key pieces of legislation for UUP: the Maintenance of Effort Bill (S-281A LaValle/A-5370A Glick); a bill that requires the Governor to provide a 5-year capital plan for SUNY (S-5217 LaValle/A-7388 Glick); and a bill that will prohibit the state from sweeping outstanding SUNY hospital account receivables, such as tuition, fees, and hospital charges into the general fund (S-4404B DeFrancisco/A-7252B Magnarelli).

UUP received support from both sides of the aisle in the Assembly and Senate. Assembly Speaker Carl Heastie and Senate Majority Leader John Flanagan were staunch advocates on behalf of UUP’s priorities and we are thankful for their continued support. Getting the legislature to pass this legislation is a huge victory.

These results could not have been achieved without the pressure that UUP, NYSUT and our advocates put on the Legislature. These gains are the result of extensive commitment of time, energy and resources to outreach. It is for these reasons that outreach is so crucial and important for the future of our union. This is why we need to encourage all members to get involved in this important and critical work.

Successes such as these do not come easy. UUP has been fighting for these issues—we’ve spent the last four years pushing for the MOE bill, for example—day in and day out for years. Getting the Legislature to sign off on them are major victories for us that will benefit our members as unionists and SUNY employees.

In Solidarity,
Fred Kowal

Dear colleagues,

Yesterday evening, a gunman with a weapon he got as a gift for his 21st birthday just months ago used it to murder nine women and men who were at a prayer meeting at a historic African American church in Charleston, S.C.

Police are calling the massacre a hate crime. The victims were black; the alleged shooter, Dylann Roof, is white. In a photo on his Facebook page, he is wearing a jacket with patches known to be symbols of the white supremacist movement.

For far too long, racism has raged in America and the time to stop it is now. As unionists and members of the SUNY workforce, we have a unique opportunity to create positive change. We must work to stop racism and the senseless violence it spurs. UUP can play an important role in the healing process as well.

This tragic event moved me to tape a video today to share these thoughts. You can view the video on the UUP website, at http://uupinfo.org. You can also see it on YouTube at https://www.youtube.com/watch?v=UYvOY8pf1Gc.

Please watch the video and spread the message that racism must end, once and for all.

In Solidarity,
Fred

Dear Members,

The process of preparing for the next round of New York State/UUP contract negotiations (our present contract expires on July 1, 2016) is getting underway. In order for all UUP members to get crucial information as quickly as possible, we need to be able to reach you at a non-SUNY e-mail address (non-edu address). Please send your preferred non-edu e-mail address to the chapter office e-mail address: cobleskill@uupmail.org. We would also find it extremely useful to have a cell number you would like to share with us. That will also enable us to keep you informed more effectively than in the past. Include that number in your e-mail to the chapter office. UUP will not share your e-mail or cell number as we will only use them to provide you with up to the minute information that cannot be distributed through the SUNY system.

Thank you for your help on this important matter.

Thanks for your help.
In solidarity,
Fred

Dear Colleagues:

I’m glad to share some exciting news with you regarding one of our staff members from UUP headquarters. Our Director of Communications, Mike Lisi, recently received two NEA State Education Editors (SEE) awards. He had some very tough competition and won an award for Best News Story on the dangers of Harris v. Quinn and an award for website content.

Please join me in congratulating Mike on his accomplishments and thanking the Communications Department for their continued excellence and work on behalf of UUP’s membership.

In Solidarity,
Fred

UUP has long advocated for paid family leave at SUNY, so union members were glad to add their voices to a Moral Mondays vigil in the Capitol to help extend that right to workers throughout the state.

Vice President for Academics Jamie Dangler, Secretary Eileen Landy and members from the Oneonta and Albany chapters joined with dozens of other supporters May 18 to push for a bill that would provide 12 weeks of paid family leave to workers after the birth or adoption of a child, or to care for a seriously ill loved one. Advocates gathered in the second floor War Room of the Capitol to pray, sing and share stories of how family leave helped them after the birth of a child, or during a parent’s illness.

The bill is before both houses, and advocates recently spent a day meeting with lawmakers asking for their support in moving the bill before the session ends. The Labor-Religion Coalition of New York State, Citizen Action and the Albany County Federation of Labor were among the groups that joined UUP and NYSUT at the vigil.

UUP, which has supported paid family leave for years, has kept the push for paid family leave at SUNY at the forefront of their concerns, Dangler said.

“We have members organizing efforts to raise awareness of family leave on many campuses, and some have actually established family leave committees,” said Dangler, who spoke to the supporters at the vigil about the importance of such a benefit. “A number of campus senates have passed resolutions to support paid family leave. And UUP has tried to get a uniform paid family leave policy at SUNY through contract negotiations for many years.”

Landy, above, with Kyle Britton, the Oneonta Chapter’s outreach/legislative director, called statewide paid family leave “an idea whose time has come.”

“It’s unconscionable that we don’t have this,” she said. For people who have children, or family to take care of, it’s a necessity. Not everyone can afford to take time off without pay.”

Bill Simons, president of the Oneonta UUP chapter, called families “the greatest investment this country can make.” He and Rob Compton, Oneonta’s vice president for academics, noted that paid family leave would increase productivity, by not forcing employees to fit care giving for a sick family member around their full-time work responsibilities.

Said Simons, “This is an investment in our future, our children and in America.”

The United States is one of the few industrialized nations that does not provide paid family leave. The federal Family and Medical Leave Act protects a worker’s job during a leave for specified family and medical reasons, but does not require employers to pay employees during the leave.

UUP advocates from five Western New York chapters pushed lawmakers June 1 to adopt a true Maintenance of Effort and create a permanent endowment for public higher education.

The event, which drew members from Alfred, Buffalo State, Buffalo Center, Brockport, and Fredonia chapters, is the second in a series of five spring regional advocacy days at the Capitol. VP for Academics Jamie Dangler, a Cortland Chapter member, and other members from Cortland also took part.

“SUNY ensures access to a public higher education, but New York state seems to want to turn its back on that promise,” Alfred Chapter VP for Professionals William Schultze, left, told Assemblyman Bill Nojay (R-Pittsford). Also pictured are Alfred Chapter President Joe Petrick, right, shaking hands with Nojay, and statewide Executive Board member Ray Gleason of Alfred.

Advocates visited the offices of 17 Western New York lawmakers and urged them to change the current MOE definition to include SUNY’s hospitals and mandatory and inflationary cost increases. The current MOE only requires the state to provide the same level of funding and fringe benefits of the prior state fiscal year.

“The state budget does not fund contractual salary increases or mandatory costs for SUNY, so it amounts to a campus budget cut in disguise,” Dangler told Assemblyman Steve Hawley (R-Batavia).

UUPers asked lawmakers to approve a permanent endowment for public higher education and pass legislation that would require CUNY and SUNY to produce an online report disclosing financial records—including data on vendors, employees and general accounting information—for CUNY and SUNY research foundations, campus foundations and their subsidiaries.

“As an agency that spends taxpayer dollars, the SUNY Research Foundation should be subject to oversight,” Schultze said.

Teacher education was also a topic of discussion. Brockport Chapter member Jack Casement said the number of student teachers Brockport has in the field has dropped by half since last year; the drop coincided with new, deeply flawed teacher certification exams instituted by the State Education Department.

“We see the plummeting of interest in teaching,” Casement said. “Imposing external forces on what teachers should be deciding is to blame.”

Casement told legislators about UUP’s call for SED and the Board of Regents to investigate the new exams, which were created and administered by corporate education giant Pearson Inc.

UUPers from the Capital Region and Mid-Hudson Valley took part in an advocacy day June 2. Advocates from Long Island and New York City visit Albany June 9, followed by Central New York activists June 10.

There’s still time to take part in a spring advocacy events. Click here to sign up.

Dear Colleagues:

I’m writing to announce the selection of UUP’s Chief Negotiator for our upcoming contract negotiations with the State of New York.  I’m pleased to let you know that UUP’s Vice President for Professionals, Philippe Abraham, has agreed to serve in this important role.  I know that Philippe will lead the Negotiations Team well.  We are currently working on putting together the Team and all the elements related to the upcoming negotiations.  As soon as we have additional information, we will share it with you.

In Solidarity,
Fred