Will the court break public-sector unions?

The Supreme Court’s Harris ruling allowed him to opt out. A little over a year ago, Ravencraft, who describes himself as “very conservative” politically, got a letter from SEIU asking him to support Democratic candidates and he decided to opt out. He also said the $160 to $200 he spent a month on the union could be better spent at home.

In a contentious vote last session, the Legislature, under full Democratic control for the first time since 2012, passed Senate Bill 6199. The bill was requested by the Department of Social and Health Services. Currently, partial public employees, like Ravencraft, contract with the department. The bill directs the department to contract with a separate “consumer-directed employer,” a private company that would directly employ caregivers.

Department officials have stated that the legislation will create efficiencies that will save money.

“I think it’s hard to take that argument seriously,” said Nelsen, of the Freedom Foundation, who noted that the bill will cost tens of millions to implement.

Once the legislation is implemented (which could happen as early as 2020), caregivers like Ravencraft will no longer be partial public employees and the Harris ruling will no longer apply to them. It also means SEIU could negotiate a “closed shop,” meaning employees will be required to join or pay fees to the union.

Using public records, the Freedom Foundation has actively sought out partial public employees and contacted them about their options under Harris. Nelsen said SEIU 775 has lost about 10 percent of its membership because of Harris. He said SEIU 925, which represents partial public employee child care providers paid by the department, has lost two-thirds. He said that the union is still politically influential and the real motivation of the bill is to prevent it from losing more members.

Nina Jenkins, spokeswoman for SEIU 775, said that the fact that 90 percent of members didn’t opt out despite the Freedom Foundation’s aggressive campaign shows the union’s value.

“We fight hard for our workers,” said Jenkins. She pointed out that since the union formed in 2002, wages have doubled. She also said caregivers have received paid mileage, sick leave and retirement benefits thanks to the union.

Linda Lee, 65, has worked as a caregiver for over a quarter-century. She said that SEIU gave her hope and empowerment for a job she described as a “calling” but was hard to get by on.

When the state began its caregiver program she made about $3.58 an hour and had to use food stamps and Medicaid. Now, she makes $16.25 and has benefits and training. She said she and other caregivers have been paid late under the current system and expects the reorganization under Senate Bill 6199 to help.

She said she sees newer caregivers with pamphlets from the Freedom Foundation and is frustrated.

“I tell them that we worked hard to get where we are and we want them to join us in improving care for our clients,” she said.

But Ben Olson, a resident of Camas and a state-paid caregiver for his medically fragile son, is unconvinced. In 2009, he became an active member of SEIU, helping campaign for candidates backed by the union.

But he said he steadily became disillusioned after the union supported candidates he disagreed with. He also said members were treated like “cattle.” Tired after attending a union convention all day in Seattle, Olson said he was loaded on a bus and taken to a protest that he was told to either join or wait inside for hours.

After someone from the Freedom Foundation handed him a pamphlet at an SEIU convention, Olson opted out of the union in 2015. He said he used the money he saved on dues to pay bills and start a retirement account. But he still attends trainings offered by SEIU.

“There are things I support but I don’t support them taking over our voice,” he said.

Preparing for Janus

Growing up in Northeast Portland, Patricia Loving recalled her post office worker father’s career advice: “Get a union job.”

After working at nonunion jobs in customer service and banking (where she got laid off), she landed a union position at the Oregon Department of Human Services. She was later hired at the Vancouver branch of the Washington Department of Social and Health Services, helping needy individuals navigate social services. Lacking a college degree, she spent 21 years working her way into a comfortable position.

Speaking outside her office in east Vancouver, Loving, 48, wore hoop earrings and a bright green shirt for her union, the American Federation of State, County and Municipal Employees. She said that her union has had her back with disputes with management and negotiated for security guards at work. She said the union also helped secure pay increases she uses to care of her family. She earns $4,292 a month.

“If the union wasn’t here we wouldn’t get what we do,” she said.

Loving said the Janus case could put the union in jeopardy. Sharing her concerns, last legislative session Democratic lawmakers passed laws meant to shore up support for unions in anticipation of the Janus ruling, according to Nelsen.

Included in that legislation was House Bill 2751, sponsored by Stonier. It requires government employers to deduct union dues (or fees for nonmembers) from workers’ pay even without their authorization. If the court rules for Janus, the workers would have to affirmatively opt out of having the payment automatically deducted.

The Legislature also passed Senate Bill 6229. The law requires state employers to allow union representatives access to new employees to present them information.

“In my personal experience and in stories I’ve heard around the state, a lot of time people don’t recognize the value of their union until they need it,” said Stonier.

She said that these presentations will mean that new state workers will know what they would be opting out of and choose to support the union.

But Nelsen criticized the legislation, saying that it will give unions a chance to “pressure and coerce” employees and it could be used to create a hurdle to keep them from opting out.

“A business that engaged in anything similar would be subject to a lot of criticism,” he said.

Stonier said she’s confident public-sector unions will prove their worth to workers and doesn’t expect a ruling for Janus to change much in Washington.

“Our union is strong and going to stay strong,” said Loving.

Loving is similarly optimistic but is still being proactive. Holding a leadership position in her union, Loving is preparing to travel the state to meet with other state workers to remind them of the union’s benefits in hopes they won’t opt out.

“Our union is no stronger than our members,” she said.