Introduction

Trade unions are a major presence in California politics. Unions spend income from membership dues to support political candidates and ballot measures. There is strong opposition to the practice in the business community and the Republican Party, but so far attempts to restrict the practice have not succeeded. The latest challenge to the practice is an initiative measure on the November 2005 special election ballot. The measure targets California public employee unions. If passed, the measure would curtail their ability to use membership dues for political purposes.

Those who support the political spending of union dues say it is a necessary counterweight to the strong influence of corporations and business groups in politics. Supporters contend that political spending by corporations far exceeds that of unions. Moreover, supporters say, it is unfair to hamper union political spending only. Limitations, if imposed, should protect shareholders in corporations as well as union members from unwanted political spending.

Those who oppose the political spending of union dues say that it should be permitted only when employees expressly consent to the use of their union dues and fees for political purposes. Otherwise, opponents say, employees are put in the position of funding political causes with which they may disagree. Opponents reject the assumption that union leaders and rank-and-file members share the same political views, and note that in states where union members are explicitly given the choice to decline political spending, many in fact do so.

A landmark 1988 U.S. Supreme Court decision, Communications Workers v. Beck, established that union members cannot be forced to pay for activities unrelated to collective bargaining. In February 2005 Legislative Analyst Elizabeth Hill summarized current federal and state case law this way:

Unions may use dues funds for various political purposes, including supporting and opposing political candidates and issues. Pursuant to federal and state court decisions, mandatory fair share fees charged to non-union members cannot be used for political purposes. Unions must annually report to all members and bargaining unit participants what portion of their expenditures was for operations and what portion was for political purposes.*

*February 11, 2005 letter to Attorney Bill Lockyer regarding the November 2005 union dues initiative.

The Legislative Analyst noted further that “Because fair share fees cannot be used for political purposes, these fees typically are a few dollars less each month than union dues for full membership.”

California voters have considered the issue of union dues spending for political purposes before. In the 1998 primary election voters turned down Proposition 226, called the “paycheck protection initiative” by its supporters. Proposition 226 would have required all unions, not just public employee unions, to obtain union members' written consent annually before using union dues for political purposes. The vote on Proposition 226 was 53.32% no and 46.68% yes. Almost $30 million was spent on the Proposition 226 campaign, $23,574,954 by opponents and $6,240,157 by supporters.*

*June 2, 1998 Primary Election: Financing California's Statewide Ballot Measures: Campaign Receipts and Expenditures through June 30, 1998 (California Secretary of State's Office).

The Initiative

The Public Employees' Right to Approve Use of Union Dues for Political Campaign Purposes Act would require California public employee unions to get, annually, the written consent of members and bargaining unit participants to use dues and fees for political purposes. The exact wording of the consent form is specified. The measure would further require unions to retain copies of the forms and keep detailed records of funds received and political expenditures made.

The legal presumption in California is that the political spending of union dues is permitted unless union members explicitly opt out. Under the proposed initiative, union members would have to opt in. The legal presumption would be that political spending is not permitted unless specifically authorized by union members.

Under Proposition 75, union dues could still be spent for issue advocacy without the permission of union members, as long as the spending was not directed toward a specific result in an election. For example, spending on ads critical of the governor's position on education finance would be permitted without member consent, but not spending on a campaign committee to defeat the governor in the next election. The line between issue advocacy spending and political campaign spending is not always clear, and some observers see the former as a big loophole in Proposition 75. Other observers note that Proposition 75 will curtail overt political spending, and supporters of the measure assert that putting political spending under heightened scrutiny is a good thing in any case.

The lead proponent of the measure is Lewis K. Uhler, founder and president of the National Tax Limitation Committee. Mr. Uhler is a well-known anti-tax activist and a prominent figure in conservative Republican Party circles. The Coalition for Employee Rights, headed by Mr. Uhler, is the lead campaign committee for the measure. The California Republican Party and the Small Business Action Committee are major contributors to the Coalition for Employee Rights. Joel Fox, president of the Small Business Action Committee, was a Schwarzenegger advisor during the recall campaign and is co-chair of Citizens to Save California, a group formed to support Governor Schwarzenegger's reform agenda.

The Alliance for a Better California, a coalition of California public employee unions, is coordinating opposition to the measure. Among the prominent members of the alliance are the California Teachers Association, the California State Employees Association, and the California Correctional Peace Officers Association.

On September 17, 2005 Governor Schwarzenegger announced that he supported the measure. Prominent people in the governor's circle were early backers of the measure, and there was press speculation as to whether the governor would take a public stand. Union critics of the measure contend that the governor was a key behind-the-scenes supporter of the measure all along.

From the outset public employee unions viewed the measure as a direct threat to their political efficacy, and waged a no-holds-barred campaign to defeat it. Opponents spent over $43 million, far exceeding the $23 million spent to defeat Proposition 226 in 1998.

Official Voter Information

Official Voter Information Guide

Campaign Finance:
Individual Campaign Committees
Total Contributions and Expenditures (select "Nov. 2005 election" and "Prop. 75" in drop down boxes)

Key Websites

Alliance for California
Anti-Prop. 75 site.

Better California
Anti-Prop. 75 site from Alliance for a Better California

Californians for Paycheck Protection.
“A Project of the National Tax Limitation Committee.”

Join Arnold
Schwarzenegger site supporting Prop. 75.

League of Women Voters
Non-partisan Prop. 75 site.

Millionaires for Prop. 75
Anti_Prop. 75 site.

Public Opinion

CA Propositions 75, 76, 77 Defeated; Propositions 73, 74 Could Go Either Way. SurveyUSA, Election Poll #7443, Nov. 7, 2005.

Knowledge Networks 2005 Election Survey. Palo Alto, Hoover Institute, Nov. 7, 2005. [Web site no longer active]

Schwarzenegger Propositions Still Trailing: Three of four ballot initiatives backed by Governor are behind
and Proposition 75 is now in a dead heat. Support for both prescription drug initiatives falls. Polimetrix poll, Nov. 6, 2005.

Propositions 75, 76 and 77 appear to be losing; Voters divided on proposition 74. Los Angeles Times Poll, Nov. 2, 2005.

Propositions 73, 74, 75, 77 Losing Ground. Survey USA, Election Poll #7362, Nov. 1, 2005.

"NO side leads YES side on all four of the propositions backed by Governor Schwarzenegger," Field Poll, Release 2174, Nov. 1, 2005.

Knowledge Networks 2005 Election Survey. Palo Alto, Hoover Institute, Oct. 17, 2005.
Methodology and results of survey one [Web site no longer active]
Methodology and results of survey two [Web site no longer active]

"PRI Poll: Californians Support Prop. 75 Despite Organized Labor’s $80 Million Campaign Coffer," Pacific Research Institute, Oct. 13, 2005.
Press Release
Poll Results

"Prop. 75 continues to lead by big margin: strong tide running against prop. 76: Yes vote dropping on Prop. 74: narrow sentiment against prop. 77: divided vote on Prop. 80," Field Poll, Release 2168, Sept. 5, 2005.

Baldassare, Mark.
PPIC Statewide Survey: Special Survey on Californians and the Initiative Process. San Francisco: Public Policy Institute of California, Aug. 2005.

"Union dues consent initiative getting heavy initial support, as do two drug discount propositions. Voters narrowly back parental notification for teen abortion," Field Poll, Release 2160, June 22, 2005.

Selected Newspaper Articles

The following citations include links to full-text online when available. For more info, see Tips for Finding Full-Text Articles.

Furillo, Andy.
"Voters talked to union members on Prop. 75," Sacramento Bee, Nov. 10, 2005.
NewsBank (UCB)

Raine, George.
"Union dues: Too close to call -- measure requires prior OK to use workers' money for politics," San Francisco Chronicle, Nov. 9, 2005.
San Francisco Chronicle

Rau, Jordan.
"Parties Go Toe-to-Toe Over Union Dues: Republicans and Democrats are pouring money into the Prop. 75 campaign, which could affect labor's pull in Sacramento," Los Angeles Times, Nov. 5, 2005.
NewsBank (UCB)

Walsh, Denny.
"Judge rejects bid to halt union levy for ballot fight," Sacramento Bee, Nov. 5, 2005.
NewsBank (UCB)

Walsh, Denny.
"Judge blocks money to labor: Nonmembers fight special-election levy for CSEA campaign," Sacramento Bee, Nov. 3, 2005.
NewsBank (UCB)

Salladay, Robert.
"Gov. Has Label for Unions: Liar. Stumping in friendly GOP strongholds, Schwarzenegger says opponents are misrepresenting his slate of initiatives," Los Angeles Times, Nov. 2, 2005.
NewsBank (UCB)

Finnegan, Michael.
"Voters Dislike 3 of Governor's Ballot Measures: His initiatives on state spending, redistricting and unions are all in trouble, reflective of his declining popularity. A tenure issue is a tossup," Los Angeles Times, Nov. 2, 2005.
NewsBank (UCB)

Furillo, Andy.
"Prop. 75 foes leave rivals in dust on cash," Sacramento Bee, Nov. 1, 2005.
NewsBank (UCB)

Hull, Dana.
"Teachers view 3 initiatives as threats: Governor's reforms seen as attacks on job security, budget," San Jose Mercury News, Oct. 31, 2005.
NewsBank (UCB)

Chance, Amy.
"Ballot measure ads deliver a personal pitch to voters," Sacramento Bee, Oct. 31, 2005.
NewsBank (UCB)

Furillo, Andy.
"Prop. 75: Paycheck vs. power in politics: As arguments continue, no one knows for certain the effect plan would have," Modesto Bee, Oct. 22, 2005.
NewsBank (UCB)

Rau, Jordan.
"Union Members Quiet on Prop. 75," Los Angeles Times, Oct. 22, 2005.
NewsBank (UCB)

Furillo, Andy.
"Governor alleges union bullying: That's why Prop. 75 is needed, he says; others see no issue," Sacramento Bee, Oct. 22, 2005.
NewsBank (UCB)

Furillo, Andy.
"Firefighters group dumps governor: They say he's broken trust on issues including Prop. 75.," Sacramento Bee, Oct. 20, 2005.
NewsBank (UCB)

"Unions' new ad directly attacks governor," Los Angeles Times, Oct. 19, 2005.
NewsBank (UCB)

[Opinion].
"Their views, their dues," Los Angeles Times, Oct. 16, 2005.
NewsBank (UCB)

[Opinion]
"Stop the Schwarzenegger power grab. Yes on 79, no on 78. Sandoval for assessor. Complete recommendations for the Nov. 8 election," San Francisco Bay Guardian, Oct. 13, 2005.
San Francisco Bay Guardian

Finnegan, Mark.
"Prop. 75 Worries Union Leaders: Many in the rank and file could support the measure, which would limit use of members' dues. Opponents have been slow to rally," Los Angeles Times, Oct. 10, 2005.
NewsBank (UCB)

Sheppard, Harrison.
"Prop. 75: Political titans' war: GOP donors, public-union bosses battling," Daily News of Los Angeles, Oct. 5, 2005.
NewsBank (UCB)

Kurtzman, Laura.
"Unions face tough fight on Prop. 75," San Jose Mercury News, Oct. 5, 2005.
NewsBank (UCB)j

Raine, George.
"Union political spending under fire: Prop. 75 requires public employee consent before dues can be spent on campaigns," San Francisco Chronicle, Oct. 4, 2005.
NewsBank (UCB)

Smith, Dan.
"Unions still could influence politics with worker dues," Sacramento Bee, Oct. 2, 2005.
NewsBank (UCB)

Smith, Dan.
"Prop. 75 loophole limits its impact: Advocacy by unions would still be legal," Sacramento Bee, Sept. 28, 2005.
NewsBank (UCB)

Rau, Jordan.
"Powerful Teachers Union Is in the Thick of Ballot Battles," Los Angeles Times, Sept. 28, 2005.
NewsBank (UCB)

Schrag, Peter [Opinion].
"The governor makes the election choices easy," Sacramento Bee, Sept. 28, 2005.
NewsBank (UCB)

Furillo, Andy.
"Suit challenges union fundraising bid: Activists drown out news conference called outside Sacramento headquarters of teachers union," Sacramento Bee, Sept. 23, 2005.
NewsBank (UCB)

Wildermuth, John; Marinucci, Carla.
"Business, labor ante up in play for power: Public employee unions donate $60 million to fight against governor's ballot measures," San Francisco Chronicle, Sept. 26, 2005.
San Francisco Chronicle

Pringle, Paul.
"Prop. 75 Puts Police on the Side of Liberals," Los Angeles Times, Sept. 21, 2005.
NewsBank (UCB)

Walters, Dan.
"Governor lays down battle lines for election," Fresno Bee, Sept. 20, 2005.
NewsBank (UCB)

Wildermuth, John; Marinucci, Carla.
"Governor has to sell his plans for change: He's running hard, boosting Prop. 75 to undercut union foes," San Francisco Chronicle, Sept. 19, 2005.
San Francisco Chronicle

Marinucci, Carla; Wildermuth, John.
"Schwarzenegger adds Prop. 75 to his agenda: Measure would limit public workers' unions political clout," San Francisco Chronicle, Sept. 18, 2005.
San Francisco Chronicle

Rohrlich, Ted.
"Activists Try to Knock Out Ballot Propositions: Volunteers statewide go door to door and urge voters to defeat measures 74, 75 and 76, which they say harm teachers and unions," Los Angeles Times, Sept. 11, 2005.
NewsBank (UCB)

"Labor at crossroads: North coast unions view prop. 75 as a threat to their influence in the region," Press Democrat, Sept. 5, 2005.
NewsBank (UCB)

Furillo, Andy.
"Commercial seeks to link Prop. 75 to governor," Sacramento Bee, Sept. 9, 2005.
NewsBank (UCB)

Gledhill, Lynda.
"Governor's initiatives losing public support: Schwarzenegger has hard sell ahead," San Francisco Chronicle, Sept. 5, 2005.
San Francisco Chronicle

Skelton, George.
"Prop. 75 will be a meaty issue for unions at Labor Day picnics," Los Angeles Times, Sept. 1, 2005.
NewsBank (UCB)

Furillo, Andy.
"He's an old hand from right field: His new cause: Helping governor pass Prop. 75." Sacramento Bee, Aug. 15, 2005.
NewsBank (UCB)

Marinucci, Carla
"Governor's numbers fall even lower in poll: none of his ballot measures wins majority backing," San Francisco Chronicle, Aug. 25, 2005.
San Francisco Chronicle

Rau, Jordan.
"Prop. 75 Could Weaken Clout of Unions: The measure would require public employee labor groups to obtain consent from members before spending dues on political campaigns," Los Angeles Times, Aug. 14, 2005.
NewsBank (UCB)

Furillo, Andy.
"Eight big donors prop up Prop. 75: Campaign finance filing shows business groups fund move to limit public employee unions," Sacramento Bee, Aug. 2, 2005.
NewsBank (UCB)

Finnegan, Michael.
"Unions, facing initiative to curb clout, fire back: Working to protect its role in politics, labor pushes measure to bar corporate donations," Los Angeles Times, July 29, 2005.
NewsBank (UCB)

Raine, George.
"Trying times for unions nationally, locally: California labor groups gear up to defeat three initiatives on November's ballot," San Francisco Chronicle, July 27, 2005.
San Francisco Chronicle

Furillo, Andy.
"Union dues measure leads in early poll: Labor consultant says margin will narrow as campaign unfolds," Sacramento Bee, June 23, 2005.
NewsBank (UCB)

"Union dues initiative drawing early support: 57% back measure to trim political power of public employee unions," San Francisco Chronicle, June 23, 2005.
San Francisco Chronicle

Wildermuth, John.
“Ballot OK'd on use of public workers' union dues,” San Francisco Chronicle, June 8, 2005.
San Francisco Chronicle

Furillo, Andy.
“Initiatives on unions, teachers set: The two measures qualify for the next ballot,” Sacramento Bee, June 7, 2005.
NewsBank (UCB)

Schrag, Peter. [opinion].
"The governor's reform agenda: Is it class warfare?" Sacramento Bee, May 25, 2005.
NewsBank (UCB)

Gittelsohn, John.
“Union dues in politics a target? Aide says governor is considering ballot initiative to limit their use in campaigns,” Orange County Register, May 17, 2005.
NewsBank (UCB)

Drucker, David M.
“Ballot issue targets union dues,” Los Angeles Daily News, May 11, 2005.
NewsBank (UCB)

Rau, Jordan; Vogel, Nancy.
"Governor, public workers' unions square off for a battle over clout: Labor tries to stymie a special election as an initiative limiting donations moves toward inclusion on the ballot," Los Angeles Times, May 6, 2005.
NewsBank (UCB)

Uhler, Lewis K. [opinion].
"Should we restrict political use of union dues? Political choice and fairness for public employees -- finally," San Francisco Chronicle, May 6, 2005.
San Francisco Chronicle

Steinberg, Darrell. [opinion]
“Should we restrict political use of union dues? Let unions decide how to use members' dues," San Francisco Chronicle, May 6, 2005.
San Francisco Chronicle

Hiltzik, Michael [opinion].
"'Empower' initiative hobbles instead," Los Angeles Times, May 5, 2005.
NewsBank (UCB)

Berthelsen, Christian.
“Secret donors behind union-dues initiative: Labor proponents suspect governor and big business,” San Francisco Chronicle, May 3, 2005.
San Francisco Chronicle

Furillo, Andy.
"Ballot measure signatures set for submission: Initiative would limit use of public employee union dues on politics," Sacramento Bee, May 3, 2005.
NewsBank (UCB)

La Mar, Andrew; Folmar, Kate.
Initiative could torpedo compromises: Governor supports, Democrats oppose anti-union effort," San Jose Mercury-News, May 3, 2005.
NewsBank (UCB)

Folmar, Kate.
"Initiatives seek limits on unions' campaigning," Sacramento Bee, Apr. 2, 2005.
NewsBank (UCB)

Furillo, Andy.
Measure targets unions' money, Sacramento Bee, Mar. 20, 2005.
Sacramento Bee

---

Prepared by the staff of the IGS Library. Send comments to igsl@uclink.berkeley.edu.