Sunday, February 14, 2016

SCALIA PASSING MEANS UNIONS MOST LIKELY WON'T LOSE FRIEDRICHS

While the country mourns the passing of Supreme Court Justice Antonin Scalia and sends condolences to his family, I find it remarkable that the death of this one man will probably have a huge effect on our country and our public sector unions. For union leaders, they are probably ecstatic today as the probable result of the Friedrichs case that would have denied public unions automatic dues or agency fees from members has now shifted considerably.

For all of those UFT members who were looking forward to not having to pay over $1,300 in annual UFT dues or  an agency fee of a little bit less, it looks like fate has just been very unkind. Free riding will more than likely have to wait for at least a year and maybe much longer as Friedrichs now looks like a win for the unions because of Scalia's passing.

Scalia was a leading conservative voice for the Court's 5-4 right wing majority. The balance on the Court would easily be shifted now if Obama nominated and the Senate confirmed a more liberal judge.  It is not very surprising that the Republicans in the US Senate do not want to consider any new justice nominated by President Barack Obama to replace Scalia. 

Even if Republicans have their way and delay the appointment of a new justice until after the election, for now the Supreme Court is evenly divided. There is a 4-4 split between conservative and liberal justices that probably will last until we have a new president.   It would take a five justice majority to overturn the lower court decision that upheld a 1977 precedent setting Abood decision. Therefore, it looks as though the Abood decision will stand for at least this year and public sector unions such as the UFT will be able to continue to collect fees from non-members.

 Friedrichs appears to be dead for now although one can never take a result of a court case for granted and another justice could die also.

I can only imagine the elation being felt this morning by leaders of the UFT, AFT, NYSUT  and other public sector unions. Whether or not they deserve this unexpected positive twist of fate I leave up to you.

I am somewhat relieved that the union will now probably continue as it is but still more than a little concerned that our arrogant leaders can move ahead misrepresenting us without consequences.

44 comments:

Anonymous said...

Al Jazeera says cases could be re-heard. So, Obama's pick might be crucial. This Srinavasan dude doesn't like unions.

NYCDOEnuts said...

Just to add; all this does is keep our labor movement on life support for a little while longer. If labor doesn't build, expand and grow, then it's only a matter of time before the next big threat materializes to end the movement...and if labor goes, so goes America's middle class. Pretty high stakes.

Michael Fiorillo said...

To quote comedian Moms Mabley, we should never speak ill of the dead, we should only speak well.

Well, he's dead: good.

Anonymous said...

Here's hoping u croak too...punk

sean crowley said...

Don't look now friends but ... http://b-loedscene.blogspot.com/2016/02/a-short-scotus-nightmare.html

sean crowley said...

Love a guy who wants to call someone punk but is too punkass to post his name on the comment

Anonymous said...

and the extortion continues.....

Bennett Fischer, PS 231K said...

I always hate it when someone I detest dies. I feel awkward about reacting happily about it. I've always appreciated Scalia on a detached, intellectual level (and my heart goes out to his family) but let's get real: I was not looking forward to seeing many small public sector unions experience a quick death, and our own large, dysfunctional union suffer a slow death. I was not looking forward to spending the coming years begging my chapter for union contributions.

The fight against unresponsive, self-serving union leadership continues. That's hard enough. I'm very happy to be fighting one less battle - for now.

Bronx ATR said...

I think there's an assumption that he would have gone against unions. Perhaps he would have, but I'm not sure that's a correct assumption. The guy was the son of Italian immigrants and grew up middle class. I have/had a lot of respect for him. His opinions were logical and fair, especially when going against popular opinion. I usually didn't agree with him, but Scalia had one of the sharpest minds out there. Most people can't disagree with anyone, even friends, in a civil manner. His death is a loss for our country.

Bennett Fischer said...

Dear Bronx ATR,

Clever, yes. Logical and fair?

"There are those who contend that it does not benefit African-Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less -- a slower-track school where they do well..."
Antonin Scalia, Wed. Dec. 9 2015

Anonymous said...

Whatever Crowley...being happy over someone's death , merely because you disagree with their politics is wrong. As the poster said above, we don't even know how Scalia would rule on this. He was a decent human being, and a brilliant legal mind. Tough on you that he's a conservative.

Anonymous said...

It was Scalia who asked for this case. He said in remarks during a case last year that he wished someone would bring a case about dues as he felt they represent speech and the court would like to rule on the matter. He wanted the case, had previously stated how he would rule, and his line of questioning during the case tipped his hand even further.

ATR 25/55 said...

Bennett, do you actually teach in a NYC public HS? Because what Scalia attacked goes on citywide - sending unqualified 'Graduates' to colleges, only to have them take remedial classes for a few years. What is logical about sending unqualified students to a university they are not academically prepared for? How is it fair? Scalia spoke a dangerous truth - that sending unqualified students into very challenging colleges is not going to end well for those students, but if you send them to colleges that are good fit for them they will succeed and even excel. When students in NYC are given diplomas they can't read, it is not a benevolent act but a fraud perpetrated on teens in order to escape the charges of racism. There is a reason why colleges have separate athletic divisions - or do you believe that a division III school should qualify for the Division I CFP Bowl in the name of diversity?

Anonymous said...

ATR 25/55, selective colleges have classes that are not that much more rigorous than third-Teir schools. Of course, Scalia wouldn't have known, since he went to Georgetown (not a powerhouse in my book). He was just another white guy from Queens who was raised on a healthy diet of white privilege. He was staright 2nd tier all the way, but, he learned (like Trump) that if you back up your mediocrity with bluster and racism, you'll get somewhere in life. He had patrons who liked the cut of his jib. He found a style that worked for him, and he kept it up.

Anonymous said...

His decisions hurt so many people.

Anonymous said...

"Just another privileged white guy from Queens"-what a racist, and stupid comment. Ya know....if some of you "non-white" men kept your Peter in their pants, and didnt abandon your multitude of bastard offspring, maybe you would achieve more "privilege". 75% of African American kids have no father around. Where do they all go to...these impregnators? They need to be forcefully "snipped" for the overall benefit of society. What PIGS !

I bet Scalia had a Mom and Dad around to help him get into Georgetown.

Anonymous said...

Like him or not, Scalia was a brilliant legal scholar. Most fair minded peaople would agree. The haters commenting here are really just ignorant racists themselves. Unfortunately his passing means that this self-serving UFT will continue along doing what it does best. NOTHING. And NYC's "Brightest" will continue to pay for that.

And BTW- Those who crow the loudest in favor of this inept union are likely the laziest and most inept among our ranks.

Anonymous said...

Listen to his questions during oral arguments. They are usually extemporaneous garbage that are completely irrelevant to the case before him. People who fawn over his legal mind are usually really praising his ideology; or, they disagree with him but are trying to find something nice to say as a conciliation. Nobody genuinely thinks of him as an intellectual powerhouse. Just a mediocre guy from Queens. Went to Catholic schools so he could feel better than minorities in public school. Then, off to Georgetown for more of the same.

Funny how his supporters on here are all about cutting off black people's penises. You are some sick puppies. Get your heads examined.

sean crowley said...

Whatever anonymous. Put your name on your comments if you want to call someone a punk. Anonymous commenting is one of the most punkass chickenshit ways of shooting off your keyboard without having to stand up for what you said. Grow some balls then tell us all of your deepest thoughts ok? Til then you're still a punkass bitch cheerleading for a shitty dead guy.

Anonymous said...

Ya know....u look like white trash...and it's obvious to all u ARE white trash...enjoy your trailer today dude...

Anonymous said...

I sure wouldnt want this lowlife Sean Crowley teaching my children. I sure hope this clown isnt anywhere near children.

Anonymous said...

If some of the people commenting are actually teaching in our schools I hope they launder their white sheets on a regular basis.

James Eterno said...

We think the world of Sean. His language is quite colorful.

Anonymous said...

To 1:37...u obviously dont work in inner city environs where many of these kids are hopefully lost due to neglect...abuse...and worse...all because of no Daddy...and often no Mommy...they disrupt...and crap all over their free education...and worse...destroy learning for everyone around them. The height of dysfunction is to deny and ignore dysfunction...which is what you are doing by denying the dysfunction and changing the subject. And by the way...people used to go to Catholic schools to avoid the massive dysfunction and disruption present in most Welfare State public schools in NYC over the last 40 or so years. Catgolic schools were merely working class people ...who had FAMILIES who desired their kids to actually learn and have a shot at life. By denying and shifting the argument...you are keeping this large population of people exactly where u want them...dependant on government for the rest of their lives...ergo professio al victims. And thats GREAT for the Democratic Party...Kids that cant read and write at college age? Perfect for the perpetual welfare state. The bigotry and hatred on this thread was not started by white racists who hate blacks.

Anonymous said...

You offer no solutions, besides cutting off penises. You harp on the bad circumstances of these children, and you seem helpless about reaching them. You should quit. You think you are better than them, and celebrate the fact that you have a father.

Guess what. I have a father, too. He taught me that that doesn't make me special. He also taught me not to be a bigot.

These kids come to us from pretty tough circumstances. But, they can sense the disdain people like you have for them. If you can't find it in yourself to be compassionate, then you don't belong here. My sense is, you don't have any other options.

Anonymous said...

YOU wrote "cutting penises off"- not anyone else here. And, that comment was in reaction to blatant bigoted and racist comments against "white guys", "Catholic schools", and worse. Again, you change the subject and don't address the issues mentioned at all. Finger pointing to avoid the massive dysfunction we see every day, is even more dysfunctional and damaging.

The short form of what I propose:

Bring back REAL vocational schools which can bring economic hope to many who see none in their lives. Create apprenticeship programs for students, who would like to learn trade and other real world skills. Skills that connect financial and personal independence with school "work." My Dominican plumber handyman can't quote much Shakespeare, but he sure has been financially independent for decades. Instead, this country has chosen to import skilled , cheap, slave labor through wide open borders for,decades. Don't tell me that American kids who like to build things can't do the work these undocumented laborers do for us every day. How about having some top notch culinary instruction? Pastry chefs, chefs, etc....people with these skills earn a living immediately, and permanently. Instead, we've allowed undocumented aliens to come in and take many of these vocations over. Great way to destroy the hopes of our young people to ever enter the "middle class" . But perhaps that's the plan? Illegal aliens working for slave wages in poor conditions which destroys the hopes of our homegrown talent. The BANKING industry is the big winner here, as students all go to bogus "colleges" and enter the world of debtor/serf...for the rest of their lives. They will never pay this debt off in many cases....creating more problems down the road.

-Create another tier of education for the most disruptive , uncooperative or disturbed students, to sort out their issues. They must be separated from those that can, and desire to take full advantage of this opportunity. Also, they won't be destroying the hopes and dreams of those that have hopes and dreams. They used to call these 600 schools.

Gotta run...and by the way...Im quite financially independent, and have "other options", and have had them for a long time.

Also...what's up with 75% approaching 80% fatherless children in the Af. American community? What do U propose? Is it racist and bigoted and hateful to even discuss this publicly? Maybe you can "educate" me on this...my Enabling Coddler.

Anonymous said...

Yes, it is racist to propose "snipping" (anon 9:06). That's very racist. That's like Hitler-racist.

If you are indeed financially secure, please retire. Your Archie Bunker attitude does not help the kids.

Calling me a coddler is a straw man, since you don't know me, nor do you know the standards I set in my classroom. You're extrapolating from the fact that I believe in affirmative action. But, one of the reasons I believe in it is that it reduces the number of people like you, who grow up in all-white environments who are taught to look down their noses at black people. You see them as "other." They were never your classmates. Never your neighbors. So, the virus of racism infected you very easily.

I don't even know you, but I can tell your gig from a mile away. Imagine how your students feel! Your Long Island/Queens white-guy Archie Bunker racism just oozes out everywhere.

Anonymous said...

Answer the suggestion instead of name calling.

Anonymous said...

You still won't address the simple question offered to you. U r using the Straw Man motif from the start. What is the reason for this massive , dysfunctional situation? Put away your changing the subject, and give me your true opinion on this? What's UP with this situation ?Im leveling with you, seriously, what is your opinion on this? How can this be remedied? By the way, I was raised in a ghetto, and lived and worked, and played side by side in the streets of Brooklyn with Mostly Af. Americans, and Puerto Ricans, mostly all of whom were on welfare. I avoided this servitude mainly due to having a Ma and Pa around. Later in life, I had a small business that employed Af. Americans, and I worked side by side with them in a physically tough and grueling business, for many years. I continue to live in that area to this day. I've dated Af. American women, as well as Latinos. I never lived in Queens, or Long Island. Im a Native New Yorker, and most likely will be forever.

I have offered you some ideas on possible remedies in public education, and you ignored them. See, you are someone whose self righteousness enables the Status Quo that is keeping the black man down. It enables Big Welfare, Big Democratic Party, Big Banking, Big Incarceration, and the rest of Big Status Quo, that IS racist and victimizing many poor , and neglected black kids. By NOT addressing this real issue, u r insuring this Status Quo Disaster. Also, I guess racism exists on a one way street-when you want to use it as a weapon. The racist statements above about other groups, "whites" , Catholics, and whatever else isn't racist or bigoted. I contend that there statements are racist and bigoted, and just as sick as anything that even the KKK has ever said. And regarding "Nazis" - Hitler would have been proud to preside over a system where his target victims continued to destroy themselves through their own volition, without him ever having to raise a finger. This group is executing their own Master Plan upon themselves, and encouraged to do it by Enabling Coddlers Of The Status Quo. Quite diabolical indeed.

Anonymous said...

What's wrong with living in Queens?

Anonymous said...

Hitler was a national SOCIALIST after all. How ridiculous for sure.

Anonymous said...

Am I arguing with the same guy who quipped about forcibly snipping people? If Hitler had to choose between welfare and snipping penises, I don't know. Hitter was pretty freakin' sick; if I had to guess, he'd probably snip penises. But, what do I know.

I'm tired of arguing with you. It took you 5 posts to start digging yourself out of the penis comment. Yes, I've heard the trade school proposal before. It's always from angry white guys who can't teach and lament how all these kids are "animals." Come on, you know you've said it before. You're just the type.

Sure, trade school is great. But, ask your grandfather about them. Back when our country did that full-bore, most kids got tracked into them, many of whom belonged in college. So, bring them back, and guess how many kids won't be able to read and do algebra. We've come a long way since then.

I'm glad you decided to stop ranting about eugenics and start proposing other things. I'm sorry that what you proposed has been tried and discredited. Frankly, the more I argue with you the more I help you dig yourself out of your hole. But, since you keep digging it deeper, I think we're done here.

Anonymous said...

Sure thing...again...you don't answer the question, and don't offer any remedies to the situation. I didn't even mention black on black crime. Af. Americans are way more likely to be murdered or victimized by fellow Af. Americans, than by any other group. You support the same old dysfunctional Status Quo which is ruining the opportunities of so many Af. American children in these schools. By doing so, you support the endless and hopeless incarceration of black young men and women. What is it...edging toward four million souls in jail? Many jailed during or immediately after they leave your racist, dysfunctional schools, which don't serve the real interests of these young people. Ergo, you are really supporting the private corporations who are now increasingly owning and operating prisons throughout the country. In real terms, these firms are Slaveowners, since these inmates increasingly do manual work for other private corporations for 75 cents an hour or so. So these inmates in reality are Slaves. So...OK...you support Slavery...CHECK.

OK "Master", logically , you must also support the Big Race Baiting, Big Racism industry, as per "Reverend" Sharpton and Obama, and many others. Sharpton is nothing more than a two-bit pimp...but the biggest pimp in the country. He's known as "The Grand Master" Pimp , and currently has unlimited access to The White House. So, "Master" , you support Big Propoganda as well, for Sharpton was propped up by Big Media from the very beginning. Everyone knows "on the street" that he's a government troll who is rolled out when needed. The Village Voice did articles on him when he ran in the Dem Primary , LOL, and found out that he was also doing business , and taking money from none other than Roger Stone, the GOP operative who managed Trump's campaign until a few months ago.

Anonymous said...

(Cont) Without fanning the racist flames of hatred, Sharpton would be out of business pronto. Without Big Medias support, he would be nothing...just another average street pimp. You should see how he dresses-the finest suits and attire, in the finest restaurants, with the finest jewelry , etc, etc. A slick operator, The Master Pimp. Except he's pimping his own people out. He is a G-Man who serves evil Big Government, and Big Media, whose Master Plan IS to control, brainwash, and ultimately annhiliate the lives of young Af. Americans in this country. Hey...Big Racism pays VERY WELL in this country.

Ok...so you support the Big Racism, and Big Media/Propoganda...CHECK

Now, you also trashed the idea of teaching public school kids real , marketable, skills . You want them ALL to be enslaved on an academic track which insures they will be debt slaves to Big Banking due to the unforgivable student loans they will incur when they attend "college". That is of they are required to pay for "college" at all. It doesnt matter either way, since a slave is a slave. Many of these poor kids will spend much of this debt on basic remedial courses , which are glorified H.S. ELA courses. Why do they need so much remediation? Could it be that for most of their last 12 or more years of k-12 they were forced to endure the horrors and victimization of unruly and disruptive students in all or most of their classes? Oh, I guess that has nothing to do with them regressing academically...nothing at all.

So these poor souls get out of "college" and they are in debt for the rest of their lives, and have in reality learned little. They can't support themselves , and the temptation to need Big Government/Welfare State is large, since they only have the same old crappy credentials that their peers have.

So, you support Big Banking as well. We also all know, That Big Banking is in league, and in many cases owns and controls all of the other "Bigs" previously mentioned. They certainly control Obama, since he hasn't prosecuted any of these Criminals. He can't, because they own him. He took their money to get elected and has done their bidding for the last 8 years. Well, Obama, is too busy fanning the flames of hatred through people like Sharpton.

OK...so you support Big Banking too...CHECK

Anonymous said...

(Cont) I can go on and on with the overall System you support, which will only destroy many underprivileged Af. American children. "It's a death trap, a suicide rap" , and it's so sad to see this System continue nearly unchanged for the last 50 years. Especially sad for someone like me, who has, on the streets of Brooklyn, lived and loved and LOST so many friends of color to the chains of dysfunction, drug addiction, poverty, incarceration, and worse.

"Masser" your Master Plan is alive and well in the year of '16-you make Hitler proud.

Anonymous said...

When you come down to it "Master"..."youre only a pawn in their game"...those Masters of War..

Anonymous said...

You are one unhappy individual.

Anonymous said...

"Unhappy...? Hey....Im on a sailboat in the Caribbean as we speak....with my Af. American wife.....������������...the snorkeling down here is great !!!....u should check out Antigua sometime...have a nice day...troll... ������������...��

Anonymous said...

You're disturbed. Please retire. Spend your days down there where you can't hurt these kids. You got issues, man.

Anonymous said...

If you are in the Caribbean snorkeling and you are spending spare time commenting on blogs, you need help.

Anonymous said...

And have a great time.

Anonymous said...

"Yeah Mon"....I got issues...it's called The Truth...morale currently is at an all time low...across the board....from teachers of all ages, and skill levels. Ive had highly respected , highly accomplished, veteran Af. Am. teachers mirror verbally to me what Ive written above. And you are just a troll...stop wasting your time on here and get some fresh air....get some sun.

Anonymous said...

African Americans mirror you? Okay. Got it. I mostly hear your crap from fat, white, Archie Bunker/Bill O'Reilley types off the Island. But, you can really be whomever you want to be on the Internet. So, a jet-setting Brooklyn boy it is. Whatever you say. . . Please retire.

Anonymous said...

Hehe...u jus crawl out of your toilet bowl again troll...? U funny...