[EL] Serious Question About Knox v. SEIU

[Doug Hess]

Isn't the problem with these analogies that a union member's relationship
with their union is not comparable to a consumer's relationship to a
supplier on the auto insurance market? For instance, you have some
voice/vote in your union, can be active in the union's political affairs,
etc. As such, it is more like a political community than the market
relationship of insurance. (The fact that a single union member has little
power on their own isn't all that relevant; a single voter doesn't have
much power on their own either.)

The idea that you "vote with your dollar" is not relevant in these cases
(i.e., the political activities of the corporation are likely fairly
opaque; when many sellers share political interests there is little choice
[as Prof. Bagenstos pointed out], etc.).

Douglas R. Hess, PhD
Washington, DC
202-955-5869
douglasrhess at gmail.com

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Subject: Re: [EL] Serious Question About Knox v. SEIU
Maybe.  But (a) maybe every insurance company in my state is engaged in
some ideological/political expenditures (if not all on the same side or the
same issue), and I'd just prefer that my money go to paying claims and
associated administrative expenses rather than subsidizing political speech
on issues that I have not made my own; and (b) I don't necessarily have to
work in the public sector, not all public sector jobs are unionized, and
not all unionized public sector jobs are represented by the same union.  If
I don't like AFT, I can work as a teacher in a private school (where, if I
have a union, it won't be a public sector one), or a charter school (where
if I try to unionize they'll fire me for sure!), or I can work in a
next-door district represented by NEA.
Samuel R. Bagenstos
Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109
sambagen at umich.edu<mailto:sambagen at umich.edu>
http://web.law.umich.edu/_FacultyBioPage/facultybiopagenew.asp?ID=411
http://disabilitylaw.blogspot.com/
Twitter: @sbagen


On Jun 22, 2012, at 9:48 AM, Richard Winger wrote:
I think the problem with this very thoughtful analogy is that you have a
choice of auto insurance companies, and a choice of health insurance
companies.  But if you are a worker in a union shop, you don't have a
choice of labor unions; there is only one.
Richard Winger
415-922-9779
PO Box 470296, San Francisco Ca 94147
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