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Introduction to Paycheck Protection

The term "paycheck protection" ranks right in there with the leading misnomers of the campaign finance debate. Paycheck protection proposals are in reality efforts to reduce the representation of labor in politics. Paycheck protection acts require unions to obtain written permission from workers before spending worker union dues for political purposes. "Political purposes" in this case includes lobbying, communicating to and mobilizing members, and paying administrative expenses of union PACs. Unions are already prohibited from using dues to finance campaigns for or against candidates, including "electioneering issue ads" aired before an election.

In 1988, the U.S. Supreme Court ruled that when Congress approved the National Labor Relations Act (NLRA), it had not intended to guarantee a union’s authority to use fees paid to the union by dissenting employees for non-collective bargaining purposes, such as political activities. [Communications Workers of America v. Beck, 487 U.S. 735 (1988)] Though the decision directly allowed workers to "opt out" of paying for the political activities of a union, it opened the door for legislative efforts to impose an "opt in" requirement on unions – that is, unions must receive permission from each worker to use a portion of their dues for political activities.

Just by sheer inertia alone, an "opt in" system of using union dues for political purposes would reduce the amount of funds available to unions. In a political world where business already outspends labor by 10-to-1 or more, "paycheck protection" would substantially enhance the clout of business over labor in the policy arena.

Paycheck protection bills and initiatives are frequently proposed at the state and federal levels, but have routinely been rejected by Congress, legislatures and voters. Since 1992, however five states – Idaho, Michigan, Ohio, Washington, and Wyoming – have approved some form of paycheck protection legislation.

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