Fair Share – the truth!

What a session this has been regarding the issue of Fair Share. The Des Moines media has done an excellent job, along with some special interest groups, in defining Senate File 413 as “repeal of the Right to Work law.” Nothing could be further from the truth, and nothing in the Fair Share bill which passed last Thursday requires anyone, anywhere, anytime…to join a union.

SF413 relates ONLY to public employees and the unions that represent them. Under Chapter 20 of the Code (public employee unions), an employee need not belong to that union to be represented, as the law requires the union to provide services to every employee, even those who pay nothing for those services. These services include collective bargaining, contract administration, adjustment for grievances, and other matters affecting wages, hours, vacations, insurance, holidays, leaves of absence, shift differentials, overtime compensation, supplemental pay, seniority, transfer procedures, job classifications, health and safety matters, evaluation procedures, procedures for staff reduction, in-service training and other matters mutually agreed on.

Iowa’s Right to Work Law regarding private sector bargaining is contained in Chapter 731 of the Iowa Code. Thus, with SF413 relating to Chapter 20, Right to Work is not even remotely involved. Following are the contents of the bill passed in the Senate:

The legislation does NOT require anyone to become a union member or pay union dues. This legislation does NOT require anyone to contribute to a union’s political activities, union education efforts, social events, lobbying, voter registration training, efforts to increase voting, political campaign techniques, contributing to candidates or charitable organizations, supporting or contributing to religious or other ideological causes, or any other activity that would violate the rights the non-member is afforded by the Iowa or United States constitutions. This legislation simply offers employers and employees the option of negotiating whether every employee should pay their fair share of contract negotiations.

Again, I want to make it very clear…There can be NO Fair Share agreement unless the employer and the employee’s union FIRST agree to do so. Thus, if your school board has no interest in utilizing the Fair Share option in their negotiations with the certified teacher’s union, it just plain won’t be done! If the board agrees to include Fare Share in contract negotiations, then the fee to non-union members would be based on the actual, certified costs of the bargaining and administration of the contract.

If a fee is administered, it must be less than union dues and is subject to legal challenge if a non-union employee objects, and, the union must pay for the costs of the challenge.

Opponents of this legislation have persisted in saying something it is not. It has NOTHING to do with the Right to Work law of Iowa, it has NOTHING to do with private employers, it has NOTHING to do with eliminating or even adversely affecting Iowa’s status as a Right to Work state, and it will NOT increase the financial burden to taxpayers one cent if Fair Share is accepted by the employer as an element of contract negotiations. The issue is simply about employees paying their way, carrying their load, doing their part, and paying their Fair Share, but only if the employer decides to allow the issue to be negotiated.

Doubt my assessment of this simple issue? Fine, just email me at dennis.black@legis.state.ia.us or write me at the Senate, Capitol Bldg., Des Moines, 50319. I will abide by your wishes and either send you a hard copy of the bill, or email you the bill in its complete form.