By James Sherk and Dan Lips
Teachers in the Hoosier State recently learned that the Indiana
State Teachers Association's (ISTA's) Insurance Trust has
effectively gone bankrupt. Regulators revealed that the trust,
which pays benefits for disabled teachers, owes $86 million in
liabilities and has only $19 million in assets. The FBI has begun
investigating.
Much of the portfolio's value apparently vanished in high-risk
investments. The investment broker managing the trust made 4,000
trades over a nine-month period, perhaps motivated by the 50
percent hike in commissions on trades that ISTA's executive
director, Warren Williams, authorized.
As investigators sort out responsibility, school districts and
the state government are examining what the fund's shortfall will
mean for teachers and taxpayers, who could be on the hook for a
bailout to ensure that teachers are insured. Williams has resigned,
and the National Education Association announced that it has taken
over the Indiana State Teachers Association.
The insurance-fund crisis demonstrates the importance of
transparency. Union members deserve to know how their unions spend
their money so they can hold the unions accountable. As insurance
commissioner Dan Clark argued: "They need to open their books. We
don't think ISTA membership is aware of how serious this situation
is, and we don't even know how well-informed their board is."
Sunlight protects against corruption and unethical practices.
Congress passed the Labor Management Reporting and Disclosure Act
(LMRDA) in the wake of scandals in the 1950s involving ties between
organized labor and organized crime. Congress believed that workers
had a right to know how their unions spent their dues. Lawmakers
hoped that transparency would discourage kickbacks to the mob.
For over 40 years, however, the Department of Labor barely
enforced the law. The disclosure forms allowed unions to list
multimillion-dollar line items for "other" and "miscellaneous"
expenses with no further details. In practice, the law did nothing
to hold unions accountable.
Elaine Chao, President Bush's labor secretary, made changing
that a priority. Her Labor Department enacted reforms that required
unions to itemize their expenses and meaningfully disclose their
finances. By the end of her tenure, Secretary Chao (who now works
with us as a distinguished fellow at the Heritage Foundation) had
updated the LM-2 union financial disclosure form, the LM-30
conflict-of-interest-reporting form, and the T-1 forms for union
trusts.
These reforms have already borne fruit. Investigative reporters
examining the revised LM-2 forms found serious corruption in the
Service Employees International Union (SEIU). The president of the
Los Angeles local, Tyrone Freeman, stepped down after reporters
found that it had paid hundreds of thousands of dollars to
companies owned by Freeman's family members, for little apparent
benefit. Annelle Grajeda, the executive vice president of the
national SEIU, stepped down after investigations revealed that the
union had paid her boyfriend tens of thousands of dollars.
Organized labor fought these transparency measures every step of
the way. The Alabama Education Association and 31 other state
teachers unions -- including the Indiana State Education
Association -- filed suit against the Department of Labor,
contending that the government should exempt them from disclosure.
After several rounds in court, they lost -- but not before delaying
the implementation of the reforms by several years.
In hindsight, it's clear why the now-former head of ISTA opposed
increasing union transparency. While the regulations that the union
leadership attempted to block didn't apply to the Insurance Trust,
how likely is it that this was the only incident of fraud or
mismanagement in ISTA? Transparency and accountability protect
union members from abuses of power by those who should represent
them.
Unfortunately, the Obama administration is moving in the other
direction -- undoing Secretary Chao's transparency reforms at the
behest of organized labor. High on the AFL-CIO's transition wish
list was rolling back the new union disclosure requirements. And
Obama has delivered.
The Labor Department has begun rescinding the revised LM-2
disclosure forms and has announced it won't enforce the new
conflict-of-interest reporting requirements. The Obama
administration is also widely expected to begin the process of
rescinding the union-trust reporting requirements this fall -- well
before unions would have to file the first forms next year. The
Labor Department seems intent on ensuring that union members know
as little about how their union spends their money as possible.
President Obama wants greater transparency from businesses,
banks, the government -- everyone except the union movement. This
clearly benefits the union leaders, who will become less
accountable to their members. But it's hardly the change Obama
promised to bring to Washington.
James
Sherk is the Bradley Fellow in Labor Policy, and Dan Lips is a
Senior Policy Analyst, at The Heritage Foundation.
This article first appeared in National Review
Online.