Collective Bargaining Is Not A Right

From Conn Carroll at The Foundry (Heritage):

The New York Times has a story out today purporting to show that “Majority in Poll Back Employees in Public Sector Unions.” But this poll is completely worthless. To understand why just look at the question they used to justify their headline:

Collective bargaining refers to negotiations between an employer and a labor union’s members to determine the conditions of employment. Some states are trying to take away some collective bargaining rights of public employee unions. Do you favor or oppose taking away some collective bargaining rights of the unions?

Unsurprisingly, 60% of Americans told The New York Times they did not want to take away the rights of other Americans. Problem is collective bargaining is not a right. It is a privilege.

There is a big difference between rights and privileges. Americans have the right to vote. The state, barring a felony conviction, cannot take that right away. Driving, on the hand, is privilege. The state can refuse you the privilege of driving for a myriad of reasons including failure to pass a test showing you know the rules of the road or failing to purchase auto insurance.

Similarly the freedom of association is a right shared by all Americans and protected by the First Amendment. In contrast, collective bargaining is a special power occasionally granted to some unions. In upholding North Carolina’s ban on government union collective bargaining, a federal court wrote in Atkins vs. City of Charlotte: “All citizens have the right to associate in groups to advocate their special interests to the government. It is something entirely different to grant any one interest group special status and access to the decision making process.”

Gov. Scott Walker’s (R) budget bill in Wisconsin in no way infringes on any Americans’ right to associate and lobby government. What it does do is allow Wisconsin employees to choose not to join a union and keep their job at the same time. It also forces the government unions in Wisconsin to collect their own union dues instead of using the power of the state to withhold them directly from employee paychecks.

Now there is a question you’ll never see in a New York Times poll: “Do you favor forcing all state employees to join a union and empowering government unions to take union dues directly from employee paychecks?”