One common conservative criticism of teachers’ unions is that they harm students by protecting bad teachers. If these unions could be changed or eliminated, then bad teachers could be replaced, and students would benefit. A specific version of this criticism is about the practice of last-in first-out: those hired last are the first fired. The concern is that teachers are retained based on seniority rather than ability, which can mean that bad teachers remain while good teachers are fired. These criticisms do have some appeal since most institutions tend to devolve into systems that protect certain bad members. Churches and police unions provide two example of this phenomenon. It is especially informative to compare conservative stances on police unions and other unions.

On the face of it, this criticism fits a plausible narrative about unions: since they exist to protect members, the leadership might not be overly concerned about their quality. So, unions do their best to keep teachers from being fired and thus bad teachers remain in the system. These bad teachers do a bad job at teaching students and this harm can impact them throughout their life. Being able to fire bad teachers would open positions for good teachers and send a message to bad teachers. The good teachers would do a good job, thus benefiting the students. From this it is inferred.  that eliminating unions would be good for students. Critics of police unions have made a similar argument to address the problem of bad and even dangerous officers being able to continue to work as police.

In the case of the policy of first firing the last hired, the claim is that eliminating unions would result in merit-based hiring and firing, so that when there was a need to fire teachers, the bad teachers would be eliminated regardless of seniority. As such, being rid of unions would improve things for students.

One easy and obvious reply to these criticisms is that they are not general criticisms of unions. Rather, they are criticisms of specific practices: retaining bad teachers and retaining based on seniority rather than quality. There is nothing essential to a teacher’s union that requires that it mandate the retention of bad teachers nor that it mandate a seniority-based retention system. To use an analogy, there are countless examples of bad policies followed by corporations that do not arise simply because a corporation is a corporation. Roughly put, bad corporate policies are bad not because they are policies of corporations but because they are bad policies. As such, they do not provide grounds for the elimination of corporations. Rather, the badness of a corporation’s policy provides grounds for changing that policy. The same applies to teachers’ unions: the badness of a union policy serves as grounds for changing that policy, not eliminating unions.

It could be argued that by their very nature unions must protect bad teachers and it is impossible for them to do otherwise. Likewise, it could be argued that corporations by their very nature must have terrible policies that harm the public. If so, then solving these problems would require eliminating unions and corporations. However, this view seems implausible for both unions and corporations.

A second reply involves considering the facts of the matter. If unions protect bad teachers, then highly unionized districts should retain more bad teachers than districts that are less unionized. But, if unions do not protect bad teachers, then districts should have comparable percentages of bad teachers (adjusting for other factors, of course).

As should not be surprising, the debate over the facts usually involves anecdotes about bad teachers and intuitions about unions. While anecdotes can provide some illustrative examples, they do not provide a foundation for general conclusions. There is, after all, the classic fallacy of anecdotal evidence which involves doing just that. Intuitions can provide some guidance, but by they are feelings and thoughts one has prior to considering the evidence. As such, anecdotes and intuitions do not suffice to show whether unions are good or bad.

Fortunately, Professor Eunice Han has conducted a study of the claim that unions overprotect bad teachers. While it runs contrary to the anecdotes about bad teachers that cannot be fired and intuitions about overprotective unions, the evidence shows that “highly unionized districts actually fire more bad teachers.” Somewhat ironically, districts with weak or no unions retain more lower quality teachers than highly unionized districts.

As Han notes, stronger unions reduced the attrition rate of teachers and increased teacher wages. Because of the higher salaries, there is a greater incentive to remove bad teachers and good teachers have a greater incentive to remain. This nicely fits the conservative mantra that top talent can only be kept by paying top salaries, although this mantra is usually just applied to people like CEOs and not the people who do the work.

In contrast, weak unions (and the absence of unions) increase the attrition rate of teachers and decrease teacher wages. So, good teachers will tend to leave for areas with strong unions while bad teachers will often end up in areas with weaker unions or those that lack unions. The statistics show that unions have a positive impact on teacher quality and that the myths of the overprotective union and the irremovable bad teacher are just that, myths unsupported by facts. This also nicely matches the conservative mantra about compensation: lesser talent will settle for lower salaries. Ironically, teachers’ unions should be supported by conservative who profess to worry about teacher quality.

As this issue is so ideologically charged, those who oppose unions will tend to see the study as biased and might offer “alternative facts” of their own on the grounds that what they believe must be true. Likewise, those who favor unions can be accused of accepting “facts” that match their views. This is, of course, a much larger problem than the debate over unions: if there is not a shared set of facts and methods, then no rational discussion is possible.

 

Before proceeding with the discussion, I am obligated to disclose that I am a union member. My arguments should be checked for the influence of unconscious biases on my part. While some might think that I must be blindly pro-union, I will endeavor to give an objective assessment of the arguments for and against teachers’ unions.

Objectively assessing teachers’ unions is a daunting task as it is politically charged.  For many conservatives, it is an article of faith that one of the many villains of education is the teachers’ union. Ain contrast, liberals tend to favor (or at least tolerate) teachers’ unions. A person’s stance on teachers’ unions can become part of their identity and this ideological commitment is the enemy of rational assessment. This is because it triggers a cognitive bias and motivates people to accept fallacious reasoning. As such, arguments and facts tend to be accepted or rejected depending on how they fit a person’s preferred narrative about unions. While it is difficult to do so, these tendencies can be overcome—if one is willing to make the effort.

Another reason objective assessment is difficult is there are entrenched and unfounded opinions about unions. People tend to believe what they hear repeated in the media. These opinions can be hard to overcome with reason and evidence, but doing so is easier than getting a person to change an aspect of their political identity.

A third reason, one that helps explain unfounded opinions on the matter, is there are few studies of the impact of unions. So, people tend to rely on anecdotal evidence and intuitions.

In this essay (and the following ones) I will endeavor to objectively assess teachers’ unions while resisting my own political views and entrenched opinions. I will try to do this with good arguments and data rather than relying on anecdotes and intuitions. While my concern is with the impact of unions on education, I will begin by addressing two general criticisms of unions.

One criticism is an argument based on the idea that it is wrong for workers to be required to join a union or pay dues to a union. In politics, this view is called “right to work.” This is usually opposed by unions and supported by businesses. Supporters contend that it is good for business and employees. Opponents point to data showing the negative impact of right to work laws.

As a philosopher, my concern is with the ethics of compelling people to join a union or pay dues rather than with the legal issues. On the face of it, membership and fee paying should be voluntary. Just as a person should be free to accept or reject a job or any service, the same should apply to unions. However, freedom is not free: those who decide not to join or pay dues should, morally, be excluded from the benefits. As with any goods or services, a person who refuses to pay for them has no right to expect them. If a group of homeowners are involved in a lawsuit and want to hire a lawyer, individual homeowners have every right to refuse to pay the lawyer’s fee. However, if they do not pay, they have no right to be free riders. As another example, if a business does not want to join a chamber of commerce, it should be free to not join. However, the business has no right to claim the benefits. I voluntarily joined the union on the moral grounds that I did not want to be a free rider. I knew I would benefit from the union; hence I am obligated to contribute to the costs of getting those services. 

If unions are compelled to represent non-members, then the non-members would be obligated to contribute to the cost of this representation, and it would be right to compel them to do so. Going back to the lawyer example, if the lawyer is compelled to represent all the homeowners, then they are all obligated to pay their share. Otherwise, they are engaged in theft. The same holds for the chamber of commerce analogy: if a chamber of commerce is compelled to provide services to all businesses in the area, then those businesses are obligated to pay if they avail themselves of these benefits.

A second stock criticism of unions is based on the fact that they do not represent the views of all their members on social and political issues. While this is a matter of concern, it is hardly unique to unions. All groups, ranging from clubs to nations face this problem. For example, the state legislature of any American state does not represent the views of all the members of the state. Since people have different and often conflicting views, it is nearly impossible for the representatives of any group to represent the views of all the members. For example, some union members might favor allowing computer programing to count as a math class while others oppose it. Obviously, the class cannot be a math class and not a math class, so a union stance on the matter will fail to represent all views. As such, being unable to represent every view is not a special problem for teachers’ unions, it is a feature of groups.

If the teachers’ union has a democratic process for taking positions on issues, be it direct democracy or electing representatives, then the union would represent the views of the members in the same way any democratic or representative system does. That is, imperfectly and with compromises. As such, the fact that unions do not represent the views of all members is not a special problem for teachers’ unions. If this criticism was telling against unions, it would be equally effective against all groups that represent their members and this is absurd.

In the following essays I will focus on the claim that teachers’ unions are bad for education in general and students in particular.