Introduction
The presence of a powerful Union is a prerequisite for industrial peace. Decisions made in the collective bargaining process and agreements between employers and workers are usually productive. Trade unions have an important role to play and are beneficial in successful cooperation between workers and management. They offer guidance and support to ensure that disagreements do not contribute to major disputes. The primary role of a union is to represent workers. Nonetheless, they still have a larger role to play in defending the employees’ rights. They also play a significant role in arranging courses for their members on a wide variety of subjects. The quest for a fair and secure working environment is also a prominent aspect of the trade union. This essay will focus on the National Education Association (NEA) by giving a brief history, a highlight on its operations, and also look at the challenges it has encountered.
Union Profile
The NEA is the dominant labor union in the United States, with far more than three million members more than the second-largest union. They consist of full-time and temporary teaching assistants, school administrators, and most education-related institutions (Advocating for Change, 2020). What distinguishes this union from many others is its cause. The association is a symbol of protection and benefits of education practitioners; and has been a champion for those who have been the beneficiaries of the career for over 160 years. It was formed during the summer of 1857 in Philadelphia when teachers joined together to create the union. They rallied around the appeal to improve the standard, in which children and teachers operated. The NEA felt that the ability to read and write was directly related to democracy. Because of this, they became ardent supporters of the civil rights movement over the years. Their main argument was that all individuals were entitled to a decent education.
The organization is largely funded by membership fees, which was totaling to over $360 million in 2016 (National Education Association, 2020). The union is actively involved in politics and has a long history of supporting the Democratic Party. It expended more than thirty million dollars in 2016 through direct donations and campaigning to help legislators who could advance the cause and strengthen its mission as well (Yammine & Zheng, 2016). The association is present in all 50 states and has its headquarters in Washington, D.C., enabling it to conduct its lobbying at the national stage within its advocacy areas.
Legal Disputes
Being a large trade group, the NEA has had many issues that needed to be resolved. For instance, the outfit has had over one thousand accusations of unfair labor practices filed against it with the National Labor Relations Board. Yammine and Zheng (2016) claim that the most famous and prominent case concerning the NEA was Friedrichs v. California Teachers Association. The premise of the case was that labor unions are performing a service for people within an industry. Nonetheless, the people felt it was their 1st Amendment right not to join the union and have to pay union dues, yet still earn the rewards of the union’s efforts. The complainants, in this case, were state government employees in the education field. Under California law, people who may not wish to join the organization should pay a reasonable share service charge equivalent to the total of union membership. This was to enable the trade union capitol to lobby and participate in collective bargaining on account of the industry. Since the fees are received directly from the workers’ salaries, the staff could not strike by not paying the fees.
The district court had upheld that it was relevant to compel employees to pay union charges because they were beneficiaries of services. This was then referred to the Supreme court to rule. Regrettably, at the time, the court was down one member due to an untimely death, so the likelihood of a tie, reaffirming the lower court’s opinion, was high. The final result was a divided 4-4 ruling by the Supreme Court, affirming the district court’s judgment in March of 2016 (Guthrie, n.d.). In this case, the opposition vowed to find a way to have the case reheard when the Supreme Court is back at full strength.
Values are different in Tennessee than they are in California. Tennessee is known to be a ‘right to work’ territory where, while the trade unions have a stronghold, they do not have a monopoly. In 2011, Dewey Esquinance, a Tennessee teacher, won a lawsuit (Guthrie, n.d.). All his union fees and dues were reimbursed because it was alleged that the labor union spent his fees on political issues that he did not endorse, nor did he have a right to choose. Unlike in California, the union attorneys determined that because the workers could not vote on labor contracts. In this case, it would be much better to negotiate than to set a legal precedent.
As a second-order consequence, Tennessee revised its legislation to ensure that non-union workers would still have some power when negotiating wages, remunerations, and working standards. The most common complaints against the NEA have been a refusal to bargain and bad faith negotiating; however, the list of alleged violations is spread across the entire labor laws spectrum. As experienced negotiators, the unions are competent to resolve issues without acknowledging guilt, as establishing such a priority would allow many more allegations to be raised.
In October 2002, Washington State Attorney General and the Evergreen Freedom Foundation office filed a lawsuit against the NEA, claiming that non-member union fees were used to fund political agendas (Guthrie, n.d.). While it is not unlawful to do so, approval must be given before doing so in Washington State. The case lasted for more than eight years and seemed to stall before the complexity and cost of continuing litigation forced both parties to agree. In this case, the settlement sum eventually cost the NEA $85,000, which went to both civil penalties and legal fees for the Evergreen Freedom Foundation (Guthrie, n.d.). Nevertheless, NEA did not show any admission of guilt in the whole issue. The union maintains that it stands under a vision of offering greater education for every learner.
The union’s membership advocates for excellence, justice, and equal opportunities for all. Regrettably, the understanding of these values is still open to debate, particularly at the national level. They are also criticized for using the worthy purpose of children’s future and education to advance their interests. They are overwhelmingly inclined towards the welfare of teachers as compared to students. Some people take this to be an unfair critique, as they think the NEA’s work has provided significant changes to the American educational system. Their decentralized model of policies enables local groups to foster their ideals in society with the support of the state’s leading labor union. The biggest share of lawsuits brought against the union represents change and a chance to improve the association to better support students and educators in education.
Conclusion
National Education Association is mandated to protect the interests of those they serve; in this case, teachers and students. Members’ rights should be represented well whenever they are needed to. The union should remember that it exists mainly because of not only the educators but learners as well. They should therefore strive to ensure that both parties’ best interests are always observed and properly represented.
References
Advocating for Change | NEA. (2020). Web.
Guthrie, J. (n.d.). National Education Association to pay $85,000 to settle eight-year-old suit | Washington State. Web.
National Education Association (NEA) (2020). Influence Watch. Web.
Yammine, R., & Zheng, T. (2016). Friedrichs, et al. v. California Teachers Association, et. al. LII / Legal Information Institute. Web.