Fox News articles can now be listened to for a more convenient experience. In a recent case, executives of the Law Enforcement Employees Benevolent Association (LEEBA) based in New York were found guilty of corruption charges including embezzlement, conspiracy to commit tax evasion, and making false statements. Kenneth Wynder Jr., the former president and co-founder of LEEBA, is accused of stealing around $500,000 from the retirement accounts of union members. Other union executives were also implicated in this scheme.
Wynder reportedly used the funds for personal expenses, such as purchasing a luxury car, going on sailing trips, and attending a football game. The Department of Justice discovered that this embezzlement wiped out the entire balance of certain members’ retirement accounts. It is only fair that union members who have been let down by their leadership have the option to resign from the union and cease paying dues.
This blatant theft was just one among many issues within LEEBA. Some members already believed that the union was failing to adequately represent them during negotiations. As Bruce Mateer, a former member of the union, stated, LEEBA caused significant damage to its members over the years, resulting in division and dissatisfaction. The union failed to secure proper retirement benefits and left its members with one of the lowest pay rates among all police departments in New York.
The primary function of labor unions is to represent their workers and negotiate favorable deals with management. Unfortunately, Kenneth Wynder and his associates are part of a long line of union bosses who prioritize personal enrichment over their responsibilities. Members who have been let down by their leadership, whether due to criminal actions or incompetence, should have the right to resign from the union and stop contributing their hard-earned wages in the form of dues.
Surprisingly, the ability to resign union membership and stop paying dues was only established five years ago. In 2018, the U.S. Supreme Court ruled in Janus v. AFSCME that public sector employees were no longer obligated to pay union fees if they chose to leave their union. This ruling allows workers like the police officers affected by LEEBA to leave their corrupted unions and retain their earnings. However, Big Labor has used its political influence to find ways to keep workers trapped within their grasp.
There is an illogical loophole that allows LEEBA to continue representing officers at the bargaining table, even if they have chosen to resign their membership. Known as “exclusive representation,” this practice grants unions the legal right to represent all employees within a bargaining unit, regardless of their union membership status. Although meant to ensure fair representation for all, it has drawn criticism from both union opponents and supporters. Opponents argue that exclusive representation forces workers to be represented by individuals they do not support, while even some union supporters question the practice since nonmembers receive union benefits without paying dues.
Currently, a significant case, Goldstein v. Professional Staff Congress, challenges exclusive representation and its potential violations of the First Amendment. Jewish professors claim that their union allowed the expression of anti-Semitic, anti-Jewish, and anti-Israel rhetoric, subjecting Jewish members to bullying and harassment. This lawsuit argues that the union bosses violated the professors’ right to freedom of speech and assembly through exclusive representation.
If this case reaches the U.S. Supreme Court and the justices rule in favor of the professors, it could potentially overturn existing laws that grant unions complete control over bargaining privileges for public sector workers. This outcome would mark the end of exclusive representation. The experiences of the police officers in LEEBA and the Jewish professors highlight the importance of protecting union members from both fraud and threats. It is time to break the chains of exclusive representation and liberate workers from corrupt and bullying unions for good.
Brigette Herbst, the senior organizing director of Americans for Fair Treatment, a national nonprofit that educates public employees about their rights within a unionized workplace, emphasizes the need for change in this regard.
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