The top two contributors to the re-election campaign of U.S. Rep. Annie Kuster, D-N.H., in this quarter are public-sector labor unions: the Service Employees International Union (SEIU) and the American Federation of State, County, and Municipal Employees (AFSCME). Each union has given Rep. Kuster $5,000 this quarter (not 5,000 quarters).
And until June 27, each of those unions used agency fee provisions in their collective bargaining contracts to take money without consent from public employees who did not wish to give it.
The State Employees Association of New Hampshire is otherwise known as SEIU Local 1984. As of June 27, when the U.S. Supreme Court ruled in Janus vs. American Federation of State, County, and Municipal Employees, the SEA was collecting agency fees from 2,104 state employees, according to data obtained by the Josiah Bartlett Center for Public Policy through a state right-to-know request.
An agency fee is money a public-sector union could take out of a non-member’s pay, ostensibly to cover the cost of collective bargaining. Officially, unions could not use agency fees for political activities. But the extra revenue made these organizations larger and more politically powerful, even if they never spent it directly on lobbying, campaign donations or political ads.
Mark Janus, the Illinois state employee who sued AFSME and won his Supreme Court case last month, successfully argued that being forced to contribute to the union violated his First Amendment rights not just because the union endorsed candidates and policies with which he disagreed. He disagreed with the union’s collective bargaining activities too, and its goal of pushing government spending ever higher.
The Supreme Court agreed with him that the “extraction of agency fees from nonconsenting public-sector employees violates the First Amendment.”
On the date of the ruling, 2,161 New Hampshire state employees were unconstitutionally being compelled to pay $37,913.60 per pay period to unions they chose not to join, according to state data.
From July 6, 2017 to July 6, 2018, state employees were forced against their will to contribute a total of $1,012,055.83 from their paychecks to just two unions, the State Employees Association and the Teamsters.
The payroll records show that through unconstitutional contracts that allowed the state to collect union fees from non-members, public-sector unions in New Hampshire were able to inflate their budgets by nearly 1/5 and their number of financial contributors by nearly 1/3.
This was a forced transfer of money and power from individual state employees to labor unions. That transfer compelled employees to support political positions they did not consent to support.
The Janus ruling made those agency fee clauses immediately null. As a result, individual state employees will have greater leverage when deciding whether to join a union. From now on, the choice of whether any of their pay goes to support a labor union is theirs and theirs alone.