Robert Donovan wrote:

I see no reason that I or anyone else should be forced to adopt a political agenda in the process. It's a free speech thing. If California were a right-to-work state, where unions are forbidden to make joining the union a requirement of Employment, that would be one thing, but as it is not, I think this is tantamount to legalized extortion. Pay for our political agenda or we'll take your job away.

Robert Donovan

In fact, California /is/ a Right-to-work state in the terms you define it. I looked it up in the California Civil code recently because, as a paid IHSS healthcare worker, I am required to pay union dues, whether or not I am a union member.

The gist of the applicable California Civil Code says that an employer cannot make, as a condition of employment, any demands that require an employee to become a member of, or cease to be a member of any organization.

However, it's a moot point. Because of the way the unions are allowed to form and negotiate contracts, it /is/ legal to institute what is termed as an Agency Shop condition on all employees. What that means is that while an employee is not required to become a voting union member, he is required to "pay his fair share" to the union as compensation for the union's advocacy (laugh, gag) on his behalf.

The only condition in which you can avoid some of this, is that if you can show that you are member of a religious group which has shown a history of opposing, on moral or religious grounds, such contributions. In other words, you have to prove you're the equivalent of a conscientious objector.

If you manage that, you get a modest reduction in your dues, which will be paid to a charitable organization of your choice. You don't get to keep the money.

If you dig through the CA Civil Code, you'll find that such Agency Shop provisions have actually been codified into actual state law for decades.

In my case, after the union formed about three years ago, it negotiated with the State of California on my behalf (although without either my knowledge, consent, or support). Implementing the Agency Shop provision therefore, was done with the blessing of the State government. The only way to remove that requirement is for the union membership to vote it out. As I am not a union member, I have no voting rights (as if they actually exist anyway). That's just never gonna happen. Union vote tallying always follows union leadership needs. Always.

Oddly enough, my W-2's show that I am employed, not by the State of California (although that's who cuts the check), but by my wife! The County of San Diego, and the State of California are only third parties to the employment agreement between my wife and me.

This is a great example of how deep and insidious the arm twisting by union leadership is: it is sanctioned with blessing by both elected officials and appointed bureaucrats, who are not even first parties to the employer-employee contract.

It makes me sick every time I think about it. So I don't.

--
   Best Regards,
      ~DJA.


--
[email protected]
http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list

Reply via email to