Rank and Bile

How the Teamsters try to silence dissenters.

Michael W. Lynch from the February 1999 issue

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But since the federal government grants unions the rights of "exclusive representation," which they then use to justify the forced payment of dues from members and Beck objectors alike, they aren't private, voluntary associations. "The rights of individuals with reference to their union," Summers' ACLU handbook notes, "are much like the rights of citizens in reference to their government."

Just as the Framers of the Constitution attempted to limit the federal government's authority over individuals with the Bill of Rights, Congress attempted to limit the power of labor unions over the individuals they represent with the 1959 Landrum-Griffen Act. The first title of this act, the "Bill of Rights of Members of Labor Organizations," grants union members free speech rights that are at least as broad as those protected by the First Amendment.

The act's "freedom of speech and assembly" clause states: "Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express views, arguments, or opinions." There is an exception: "Nothing herein shall be construed to impair the right of a labor organization to adopt and enforce reasonable rules as to the responsibility of every member toward the organization and to his refraining from conduct that would interfere with its performance of its legal or contractual obligations." But courts have read this exception narrowly to include such obviously detrimental actions as advocating the decertification of the union or disclosing confidential bargaining strategy.

"I would say that this is a violation of their free speech rights under Landrum-Griffen," says Summers when I describe the Beard and Radakovitz's cases to him. Summers tell of a 1973 case, Kuebler v. Lithographers and Photo-Engravers Local 24-P, in which union members formed a caucus during a strike to urge a settlement. The union attempted to punish the caucus members, but the 6th Circuit Court of Appeals ruled that even speech during a strike was protected.

"So the protection of free speech in this situation goes a long way," says Summers. "The fact that [Beard and Radakovitz] brought in the press doesn't matter, because the statute makes clear they are free to make their speeches inside or outside the union."

Indeed, that is what Radakovitz thought. Before he spoke to the press, his wife read the relevant portion of Summers' handbook. "We knew it was our right to do this," she says.

So where does that leave the eight dis-sidents? The union is free to convict in its internal courts, but to collect the fines, especially against members who subsequently quit the union, as did Radakovitz and Beard, the Teamsters must rely on civil courts. Local 287's attorney, Kenneth C. Absalom, of the San Francisco firm of Beeson, Taylor & Bodine, sent Beard a letter on October 6, 1998, promising to "proceed with collection proceedings," but Beard has heard nothing from him or the union since. Local 287 Secretary-Treasurer Ray Corrie claims to be "collecting the money in court." He denies that union members forgo free speech rights when signing up for his union. He refers me to Absalom, who refuses to talk to REASON, fearing that it is read by the folks at the National Right to Work Foundation, the non-profit legal defense organization that is representing Beard.

For his part, Beard expects Local 287, which has proceeded against him in inexplicable spurts and stops, like a rookie driver with a stick shift, to sue him in state court. He plans to fight as long as it takes to vindicate his right to free speech.

Radakovitz and three others fighting Local 150 are set to appear on January 4, 1999, in the Placer County's Small Claims Court. Two others will fight their cases out in the Sacramento County Small Claims Court two days later. If they lose in small claims court, where they must represent themselves, they are free to take their case to California's state courts for full-blown litigation. Radakovitz, like Beard, plans to fight until he wins or runs out of courts.

"If the union actually wins," says Radakovitz, "morally I am not sure how I will handle it. I have been so confident that anybody in this country could stand up and ask a question without being made out to be a criminal. I just wanted some answers to some questions."