Tuesday, December 12, 2023

The Inherent Corruption of Public Sector Unionization

In a NJ Spotlight News op-ed, Tammy Murphy’s candidacy exposes nepotism, business as usual in NJ, Marc Gaswirth writes about the nepotism of New Jersey Governor Phil Murphy’s wife running for NJ senator. Though the main focus of the article is Tammy Murphy’s obvious connection to her governor husband, another item caught my attention:


[The New Jersey Governor is] bestowed with constitutionally enormous power and influence, [so Phil Murphy] will continue to drive the state’s education agenda during his remaining time in office, and that means, if the past is a predictor of future behavior, the NJEA’s [New Jersey Education Association, or teachers union} agenda.  


Gov. Murphy has been the most pro-teachers’ union governor in New Jersey history. Since 2018, he and a compliant legislature have approved several major union legislative initiatives by largely bypassing and usurping the local collective bargaining process.


The very idea of a “pro-teachers’ union governor” points to the fundamental corruption of public sector unions. Since the government is their employer, the power of these unions draws directly from the coercive, law-making powers of the state. By being able to form political organizations, these unions can work to elect friendly politicians that will work for them, rather than the broader public that the duty of elected officials demands. This is unlawful, since federal law forbids government employees from using the gun-power of the government to advance their own interests at the expense of the public these political leaders are supposed to represent. Furthermore, public employees represent the public, so there is a huge conflict of interest when they organize to negotiate against the public. The teachers union gets to “negotiate,” not with a representative of the public, but with its own political crony. In effect, the negotiating table features the teachers union and Gov. Phil Murphy on one side, and nobody on the side of the broader public. That is the very definition of corruption.


Contrast Murphy with our last governor. I sorely miss Governor Chris Christie. He was the rare NJ governor who actually represented the broader tax-paying, student-supplying public in dealing with the teachers unions.


I speak as a union member myself, the plumbers union, a private-sector trade union. But my union, being private, is completely different in kind from the public unions. It’s not that the teachers union, and all public sector unions, engage in some corrupt activity that can be weeded out. The truth is, they are inherently, systemically, irredeemably corrupt. At the very least, public sector unions should immediately be legally banned from all political activity, be it fundraising, political donations, campaigning, candidate or issue endorsements and promotions, running PACs, or whatever. Ultimately, public sector unions are unconstitutional and should be outlawed. 


Related Reading:


School Choice is About Freedom, not "Union-Busting"


Is Governor Christie Winning NJ's Public School War?


Abusive Teachers Union Power Results from Government School Monopoly


Not Accountable: Rethinking the Constitutionality of Public Employee Unions by Philip K. Howard


Why Government Unions—Unlike Trade Unions—Corrupt Democracy by Phillip K. Howard for Time


The Liberal Case Against Public Unions by Phillip K. Howard for The Daily Beast


Several specific provisions of the Constitution safeguard against the delegation of sovereign powers. Article II grants “executive power” to the president, and numerous cases have held that Congress lacks authority to remove the president’s ability to hold inferior officers accountable. Article IV provides that “the United States shall guarantee to every state in this Union a Republican Form of Government.” The purpose of this “Guarantee Clause,” Madison explained, was to require a linkage between voters and the people making governing decisions, thus preventing the ceding of powers to nobles or other “favored class.”

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