Academic unions should adopt neutrality (opinion)

Institutional neutrality at universities is having its moment in the aftermath of a year of nationwide campus protests over the Israel-Gaza war. The list of universities that have adopted neutrality has grown over the course of the past 12 months. The concept necessarily is expanding to include conversations around university investments. Yet, academic unions have slipped under the radar as purveyors of positions on political issues. They should not be neglected in the push for neutral stances except for those that directly pertain to an institutional mission. In the case of the union, this should be to promote labor interests. Professors from a range of ideologies should be able to find common cause for collective bargaining purposes without being forced into supporting other political positions.

The lack of neutrality of professors’ unions on non-labor-related issues is a pernicious problem. Federal law and some state laws that pertain to unions work to compel professors’ speech. Under the federal National Labor Relations Act, if a majority of private sector workers voting in a union election choose to unionize, all workers in that bargaining unit must be exclusively represented by that union. New York’s Taylor Law requires the same for public employees. And, if workers want the benefits of membership, like voting for union leadership and contracts, they must pay dues.

While public employees could choose not to be union members before the Supreme Court’s 2017 Janus v. AFSCME ruling, that case now guarantees their right to not pay agency fees. But even if workers wish to eschew membership and not pay fees, they cannot dissociate entirely. They are required to be represented by a union that speaks via statements at the local, state and national level on many non-labor-related subjects. Therefore, with their veneer of solidarity, unions quash viewpoint diversity and suppress First Amendment rights. They tie one of the only forms of dissent possible (withdrawing dues) to disenfranchisement from the union, the organization that negotiates their wages and labor conditions.

Professors who do stop paying their dues are often derided as “free riders.” They risk offending union leadership, who have a say in university processes that can impact their employment, like grievances and denial of reappointment. The union is formally required to provide equal advocacy as their exclusive representative. However, even if one believes biases will never prevail against “free riders,” there is still the suppressive impact of professors’ perception that paying dues and keeping quiet is best for their careers.

And so, professors are forced into a kind of protection racket, paying unions that may endorse positions with which they may disagree. The National Education Association has opined on everything from ending private prisons to climate change, from promoting women-led businesses to helmets for motorcyclists. They have issued statements on the Israel-Gaza conflict, advocated for codifying Roe v. Wade into law and called for Donald Trump’s ouster. They have adopted progressive ideological lenses throughout such statements, arguing for instance that “white supremacy culture” is prevalent in the current U.S., and that “intersectionality must be … addressed … in order to advance the [NEA’s] social justice work.”

To be clear, I am not arguing that these positions taken by unions are bad. I am not reflecting my own political preferences. I am not highlighting progressive examples to critique only progressive examples: I could find none that can be considered conservative. I am not saying that it’s not possible that a majority of members agree with the statements. I am also not arguing that workers do not have the right to form associations to advocate for political causes.

What I am arguing is that due to laws making exclusive representation compulsory, unions should adopt neutrality on political issues that do not impact the primary purpose of academic unions: advocating for professors’ interests as workers. This lets ideological diversity exist and prevents coerced speech and dues payments. This neutrality is of paramount importance with public sector unions, where union leadership activities may receive taxpayer-subsidized administrative benefits.

This neutrality should extend to political endorsements of individual candidates. While there may be some argument to be made that endorsing a pro-union or pro–higher education candidate over their opponent directly pertains to professors’ interests as workers, this carries with it implicit endorsement of a wide slate of other policies. A better approach would be for unions to support (or critique) candidates’ specific policy proposals or voting records. It would also reduce antagonism between unions and candidates they did not endorse, should those be elected.

Recent examples show the perils of academic unions not having a neutrality standard. In 2018, a University of Maine professor sued his union, noting his opposition to its stances, like endorsing Hillary Clinton for president. More recently, in 2022, six City University of New York professors filed suit against the Professional Staff Congress (PSC), which passed a pro-Palestinian resolution they viewed as antisemitic. They resigned their memberships, along with approximately 263 other professors. But because of the Taylor Law, they are required to be represented by the PSC, which did not give evidence it could be fair in representing them. The PSC called them free riders, claiming their lawsuit was “meritless … funded by the notoriously right-wing National Right to Work Legal Foundation,” and described the “‘Right to Work’ agenda” as “rooted in white supremacy.”

After lower courts ruled to dismiss their suit, the CUNY professors appealed to the Supreme Court, which just this month declined to hear their case. Yet, while this case could have been a victory for viewpoint diversity and free speech and an impetus for unions to get on the institutional neutrality bandwagon, future such suits will doubtless arise and reach a court favorable to their claims. Academic unions should get ahead of such a court ruling and make union membership attractive to all who may want to participate based on advocacy for improved working conditions, but not for particular solutions to international wars—or for wearing motorcycle helmets.