USA Today

Supreme Court’s Janus v AFSCME Ruling Will Force Unions To Be More Accountable

June 27, 2018

(USA Today)—Aaron Anthony Benner has been a Minnesota educator for 21 years.

Unions can be great for workers. But supporting workers’ rights isn’t political, and it doesn’t make you anti-union.

As a teacher in Minnesota, I didn’t have a choice about whether or not to pay the union that was supposed to represent me, and when my union ultimately failed to stand by my side during a dispute with my district, I had no choice but to continue paying it.

Fortunately for teachers and other public employees across the country, no government worker will be forced to pay a union just so they can keep their job moving forward. The Supreme Court has ruled in Janus v. AFSCME that requiring someone to pay a union violates the First Amendment’s protections of free speech and association.

It means that, if another teacher or public employee is let down by his or her union, that person doesn’t have to continue paying dues or fees if that’s not in his or her best interest. Or, if that person chooses not to belong to a union for any other reason, he or she could continue working anyway. In addition to being fair to workers who deserve the freedom to choose whether or not to pay a union, I believe this ruling will lead to unions that are more responsive and attentive to their members.

I come from a union family and was brought up, as many Americans are, believing that unions exist to protect their members. My father was a police officer; my mother was a factory worker. As a public school teacher, I belonged to a union for 15 years and always believed that the union would be there to fight for me if I ever had a problem with my employer.

When I finally needed my union —  the Saint Paul Federation of Teachers — not only did it fail to defend me, it actively worked against me with my employer. And all the while, I had to keep paying.

It started in 2014, when Saint Paul Public Schools rolled out a new policy with the hope of lowering the suspensions of African American students. As an African American myself, I took issue with the idea that some behavior problems would be classified as cultural traits, and thereby excused, under this policy. The intent was good, but in practice, it was fraud, and I couldn’t sit by and watch my students be harmed.

After challenging the policy at a school board meeting, I was faced with multiple frivolous investigations, which I’m now challenging in court. My spotless teaching record was marred, and my union was nowhere to be found.

I eventually began speaking to the media about the destructive racial equity policy, bringing a spotlight to the district. Soon, I learned that my union — which I was still paying — was working with my employer to remove me. Ultimately, I chose to leave my teaching job in public schools, but I have continued educating students in the private sector as the ninth-grade dean of students and activities director at Cretin-Derham Hall High School.

In February, when the Supreme Court heard oral arguments in Janus v. AFSCME — a case from Illinois that challenged the precedent that public employees can be forced to pay a union in order to work — I joined other teachers on the courthouse steps to support plaintiff Mark Janus. I shared the story I’ve just outlined and how my experience changed my mind about unions and freedom.

I was surrounded by people rallying in favor of giving people a choice and voice when it comes to unionism, but there were also union protesters who tried to shout me down and block out the signs supporting Mark Janus. I and other speakers were dismissed as being anti-union and Republican. I’m neither. Supporting workers’ rights isn’t political, and it doesn’t make you anti-union.

I like unions and always have. I voluntarily belonged to one for many years, and my parents were both represented by unions that I believe served them well.

But I realized that not all unions work for their members like they should, and in those cases, members should have the ability to leave — and take their hard-earned money with them.

Fortunately, for public employees across the country, the Court has now ruled they have that right.