New tactic on dues

Some local workers must now be asked before deductions made

Thursday, September 20, 2007

Somewhat surprisingly, "paycheck protection" is back. And it's encouraging to see that even with a union-friendly governor and a Democratic legislature, this time the campaign could have lasting consequences.

Attempts to end the automatic deduction of union dues from paychecks without the prior consent of individual employees have generally gone nowhere. Legislation has failed. So have proposed ballot initiatives. The only paycheck protection measure that had any impact on automatic dues deductions - a 2001 executive order from Gov. Bill Owens that covered state employees - was rescinded by Gov. Bill Ritter this year.

The latest foray, however, known as Ask First, has chalked up some victories. Commissioners in Arapahoe, El Paso, Jefferson, Mesa and Weld counties have passed paycheck protection policies covering county workers. Voters in Centennial, Englewood and Greeley will decide in this fall's election whether those automatic deductions would end for unionized workers employed by those cities.

By the end of the year, the free-market Independence Institute, which launched Ask First, says it's possible that paycheck protection provisions might cover cities and counties where more than half of Coloradans reside.

We hope the campaign continues to gain ground, because governments should not serve as collection agents for any dues-based organizations, not just unions.

Unless a contribution or deduction is required by law (income tax withholding, for example), court order (child support, wage garnishments) or company policy (medical premiums, retirement contributions), the default position should be to gain the permission of each individual before deducting the money.

The counties that have adopted Ask First have also exempted organized charitable campaigns, such as those run by the United Way . . . so long as each employee authorizes the deduction annually.

Unionized workers in those counties can get their banks to deduct dues from their payroll checks. But this measure takes government out of the payment loop.

That's the way it should be. If next year's legislature gives collective-bargaining rights to state employees, and lawmakers later grant the same deal to local workers, imagine what would happen during a heated contract fight. Some government agencies might be in the uncomfortable position of collecting dues for the bargaining units whose demands they consider entirely out of line.

Earlier this year, the U.S. Supreme Court affirmed that unions should be required to get permission from individual workers before spending their dues on political activities.

The idea motivating the Ask First campaign is an extension of that basic principle, applied to employers, who should not be compelled to collect payments for outside organizations.