California’s top Senate Democrat called a prominent labor union “morally bankrupt” after it spent more than $1 million to oppose the state’s most vulnerable Democratic senator in a tight race that could put a Republican in his seat.

Ryan Sabalow

CalMatters

The union apparently spent the money against Sen. Josh Newman of Fullerton because leaders were angered by at least one vote that he cast. And while it’s not uncommon for unions to criticize or threaten Democrats who stray from their agenda, Senate Democrats said that spending such a large amount to help elect a Republican was a step too far.

“Instead of spending time, effort and energy helping Democrats win congressional races, they supported a supporter of Donald Trump,” Sen. President Pro Tem Mike McGuire told CalMatters. “They supported a pro-Trump Republican who is anti worker… It’s unconscionable what they did in Orange County, because they helped drive Republican turnout.”

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Extraordinary Criticism from Democrats

It’s extraordinary for any prominent California Democrat to criticize a labor union so harshly in a state where Democrats count organized labor among their closest and well-funded allies. But with votes still being counted, McGuire could lose a member of his Senate Democratic caucus.

On Tuesday, Newman was trailing Steven Choi, a former Republican Assemblymember and Irvine mayor, by about 9,400 votes with about 126,000 ballots left to process in Orange County.

The union, the American Federation of State, County and Municipal Employees Local 3299, was furious at Newman for joining a group of Senate Democrats in killing a bill last year that the union sponsored, according to Newman and his Senate colleagues. The bill sought to enshrine the rights of workers at the University of California in the state constitution.

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Union’s Aggressive Campaign Spending

A spokesperson for the union and its lobbyist, Richie Ross, could not be reached for comment. The union, representing 30,000 workers at 10 UC campuses as well as medical centers, clinics and research laboratories, is planning a two-day strike for next week, the latest in a longstanding labor battle that was reflected in the worker rights issues raised in the bill.

Newman is the only one of three Senate Democrats who helped kill the bill and is running for reelection this year, so he took the full brunt of the union’s wrath.

In the March primary, the union spent $305,311 backing five Democratic candidates against Newman. The union also spent $893,652 on TV ads, campaign fliers and other negative advertising opposing Newman in the weeks before the general election. In total, AFSCME 3299 spent at least $1.2 million opposing Newman in the primary and general elections this year, according to campaign finance reports.

Newman called the union’s campaign spending “a disservice to their members and to the labor movement.”

Potential Backlash Against Union

Newman also infuriated a different AFSCME local union this year for sponsoring a gambling bill its members opposed. That local’s members staged protests outside Newman’s office, but it didn’t report spending any money in the race.

It was a remarkable amount of political blowback toward a typically union-friendly Democrat from affiliates of one the state’s most powerful unions. AFSCME is one of the state’s biggest political spenders. Since 2015, the union and its locals have given $8.35 million to California candidates, most of them Democrats, according to the Digital Democracy database.

But AFSCME’s tactics may backfire if the union intended to intimidate the Democrats who control the Legislature into always doing its bidding.

Newman is well-liked among his Democratic colleagues, and they are outraged that one of their labor allies went after him so aggressively.

“Josh Newman is universally liked no matter if you’re a Democrat or Republican,” McGuire said. “People love Josh Newman.”

Asked what he thinks will happen if AFSCME 3299 goes to Senate Democrats with its hand out this year, outgoing Democratic Sen. Bill Dodd of Napa replied: “I hope they bite it off.”

Another departing Democrat, Sen. Steve Glazer of Orinda, called AFSCME’s tactics “political terrorism.”

Part of Democrats’ frustration is that Newman is an especially vulnerable candidate. Democrats have a narrow three-point edge in voter registration in the district. In 2018, Newman was recalled from office with 58.1% of voters choosing to oust him. He regained his seat two years later with a slim 51.3% victory.

And it’s not as if Newman regularly sides against the union in policy disputes. Newman has aligned with AFSCME and its local unions with their positions on bills 96% of the time, according to Digital Democracy.

Other unions stepped up to help Newman in the race, helping him gain a fundraising advantage over Choi of $6 million. Choi raised just $856,000.

AFSCME didn’t give any money directly to Choi’s campaign. Instead, the money it spent to oppose Newman was directed to an independent expenditure committee. Under state and federal election rules, organizations not affiliated with a candidate can spend unlimited amounts of money supporting or opposing candidates through advertisements and other tactics to try to sway voters as long as the actions are not coordinated with the candidate’s campaign.

In highly competitive races, well-timed ads can be the “straw that broke the camel’s back,” said election analyst Paul Mitchell.

“Legitimately, those campaign expenditures can make the difference,” he said.

Choi told CalMatters that AFSCME’s negative ads might have nudged at least a few voters toward him.

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“I don’t know how effective those negative ads might have been against him,” Choi said. “But… I’m sure that helped probably a little for me.”

Newman told CalMatters that whether he wins or loses, he hoped Democrats would remember AFSCME’s “scorched-earth tactics” when the union comes asking them for favors.

“I would hope that the Democratic caucus in both houses and leadership in both houses would take this fully into account when it comes to dealing with AFSCME 3299,” he said.

While critical of the union, McGuire didn’t say he’d shoot down its legislative demands.

“Legislation is considered on its policy and fiscal merits,” he said. A spokesperson for Democratic Assembly Speaker Robert Rivas declined to comment.

Assemblymember Gregg Hart, a Santa Barbara Democrat, also stopped short of saying whether the union’s tactics would factor into his decisions, but he said he’s certainly been paying attention to the attacks on Newman.

“It’s super hardball,” Hart said. “And people get hurt in hardball.”

About the Author

Ryan Sabalow is a Digital Democracy reporter for CalMatters. A graduate of Chico State University, he began his career covering local news for the Auburn Journal in Placer County and The Record Searchlight in Redding.

About CalMatters

CalMatters is a nonprofit, nonpartisan newsroom committed to explaining California policy and politics.