WHEREAS:
The U.S. Supreme Court dealt all workers and the public sector labor movement a serious blow in its decision in Janus vs. AFSCME Council 31; and
WHEREAS:
AFSCME has been preparing for an adverse ruling in Janus for many years and strengthened our union by reconnecting with our members, engaging in organizing campaigns, developing systems to recruit and maintain membership, and enlisting the support of political leaders and allies; and
WHEREAS:
Exclusive representation means the duly chosen union is the sole voice for all workers and source of worker power. It is the basis on which our union is organized and the way we bargain for meaningful change. Through the process of collective bargaining and exclusive representation, AFSCME members earn fair wages, safe and reasonable working conditions, job security, health benefits that cover us when we are sick, and retirement benefits that provide us with dignity as we age; and
WHEREAS:
Anti-union groups are seeking to seize on Janus by launching well-funded campaigns to persuade our members to quit their union. These groups seek to silence the voice of workers as they pursue their ultimate goal: the elimination of exclusive representation in the public sector; and
WHEREAS:
The Supreme Court has ruled over many decades, including most recently in Janus, that the right of exclusive representation comes with the obligation to represent all members covered by our contracts fairly and without discrimination. This obligation is known as the duty of fair representation; and
WHEREAS:
Anti-union advocates deceptively claim that unions should not be required to represent non-members but their motivation is not to be fair to dues paying union members. Their real intention is to erode the power of workers and undermine exclusive representation; and
WHEREAS:
Dividing the workforce into “us” versus “them,” even on the vital question of union membership, will inevitably erode our strength and undermine our legitimacy as the EXCLUSIVE representative. AFSCME supports the duty of fair representation, which is important for worker solidarity, maintaining our power, and achieving our collective aspirations for ourselves and our communities. Accordingly, refusing to represent non-members and/or charging non-members fees for services can undermine our exclusive representative status and the power we need to realize our aspirations; and
WHEREAS:
The notorious anti-union group, the American Legislative Exchange Council (ALEC), has drafted a model bill to abolish the duty of fair representation and exclusive representation, and with Janus decision author Justice Alito’s encouragement, union-busting lawyers have filed lawsuits seeking to achieve these ends; and
WHEREAS:
Although our union could not control the outcome of Janus, we can control our response to it.
THEREFORE BE IT RESOLVED:
That AFSCME and its affiliates will continue to support exclusive representation and the duty of fair representation. AFSCME and its affiliates will oppose efforts that undermine the union’s status as a democratic, member-run exclusive representative of bargaining units; and
BE IT FURTHER RESOLVED:
That AFSCME and its affiliates shall not support or promote legislation, policies or changes to collective bargaining agreements which would allow members-only collective bargaining agreements or otherwise support the elimination of exclusive representation, nor shall AFSCME and its affiliates allow an employer to pay a union for the costs of representation, including direct subsidies to the union as a substitute for dues or fair-share fees; and
BE IT FINALLY RESOLVED:
That AFSCME and its affiliates shall provide information and education to members, allies and political leaders on the vital importance of maintaining exclusive representation and objecting to direct payments by employers to the union, and the union shall prioritize educating our membership on these issues.
SUBMITTED BY:
International Executive Board