While public employees are usually not required to join unions, they are often required to help cover the cost of collective bargaining. While the legal issue will be settled by money and judges, there is the moral issue of whether public employees should be compelled to pay these fees. As a disclosure, I belong to a teachers’ union and this should be considered a potentially biasing factor.

One argument against such compulsion can be built on an appeal to the right of free speech. As has also been argued in the courts, money is speech and a moral case can be made that forcing employees to pay union fees is compelled speech. This is because unions, like corporations, use their financial resources to influence politicians and voters. A person who does not agree with the views expressed by the union is thus forced to “speak” on behalf of these views by paying fees. Being an advocate of free speech and opposed to compelled speech, I do find this argument appealing. However, it has some flaws.

One concern is whether money is speech. While the courts have, so far, drawn a line at outright and explicit bribery, the logical conclusion of this notion is that if money is speech, then giving a politician money is the same as trying to persuade them via other means. While it would be a slippery slope fallacy to insist this view must lead inevitably to the legalization of bribery, proponents of the view have pushed through other barriers and the sea of money is eroding this last wall. It is reasonable to worry that what is now seen as bribery will become legitimate persuasion. It can be argued that the bribery line can be drawn and held by claiming crossing it would be harmful. But as many lines have already been crossed it is reasonable to worry that this barrier will fall as easily as the others. So, I disagree with the idea that money is speech and that spenders should enjoy so much freedom to use their money to influence politicians.

A second concern is this logic should apply to corporations. If it is morally wrong for employees to be forced to support a union whose views and activities they disagree with, then it is morally wrong for an employer to force employees to support an employer whose views and activities they disagree with. For example, an employee at Hobby Lobby might not embrace the religious views and political activities of that company. While employees are not (yet) required to directly pay for their company’s lobbying efforts, the money generated by their labor obviously goes to these activities. Just as an employee would make less income by being forced to pay fees to a union, an employee makes less income by being forced to receive less pay so that the employer can pay for their lobbying and political activity. Naturally, this would only apply to employers that used business funds to engage in such activities. If employees are engaging in compelled speech by being forced to pay fees to unions, then employees are also engaged in compelled speech by having the money they generate being used to fund lobbying and political activities rather than getting that money in their paychecks. As such, if employees cannot be compelled to pay union dues on free speech grounds, then employees have the same right to demand that their money not be spent by their employer on activities they disagree with. That money should be in their paycheck. Unfortunately, logic has no power in the law and employers would never permit the politicians they bought (with workers’ money) to implement this.

The way to respond to this argument is to argue there is a relevant difference between employers and unions. For example, it could be argued that people chose to work for companies and thus express a tacit agreement with their activities since they can get another job elsewhere. The easy and obvious reply is that the same applies to people seeking employment where they must contribute fees to unions. If they do not agree, they can get a job elsewhere.

It could also be argued that employers have special rights to compel speech that unions lack; the challenge would be to make such a case in a principled way. Merely liking employers and loathing unions would not be a principled justification.

Considering the above discussion, if employees have a free speech right to not pay union dues, then they have the free speech right to refuse to allow their employer to use the money they generate for political activities they disagree with. As such, if employees can get the benefits of the union without paying the fees, then employees should have the choice of contributing some of their pay to the political activities of their employer or getting that sum in their paycheck. As the employers own all of the Republicans and most of the Democrats, this will never happen.