The Washington State Supreme Court hears arguments that may restore protection to workers statewide

OLYMPIA -On Thursday, November 18th the Washington State Supreme Court heard arguments on the question of whether the WEA must get permission before using teachers' dues for political campaigns.

This state Supreme Court case will decide the future of "paycheck protection" for union workers. At the heart of the debate is whether Initiative 134 is violated when teachers' money is taken and given to union leaders who then divert it to political campaigns.

The WEA attorney argued that the union has no obligation to workers to gain their permission, and that the law only applies to employers.

In attendance were several teachers who object to the union's use of dues for campaigns. As a recent example, all members of the WEA made a contribution to the No 695 campaign...without their authorization.

Agencies subject to political influence have declined to interpret the law as the voters intended. Instead, both the Public Disclosure Commission and the Attorney General have granted unions an exemption from this law.

The attorney representing "Teachers for a Responsible Union" and the Evergreen Freedom Foundation showed that Initiative 134 was written to protect workers from political exploitation by their own union. At the time of the initiative's passage, unions (not employers) were known to use the payroll deduction for political purposes, and 72 percent of the voters intended to end this unjust practice. The First Amendment and Initiative 134 guarantee each individual the right to choose his or participation in political speech.

If successful in gaining a proper interpretation of this law, the remedy sought by the teachers and the Evergreen Freedom Foundation is a repayment to teachers of money collected for political campaigns in 1995-1996 without permission, perhaps as much as $1,000,000. Also sought is an interpretation of the law which allows the protection of all workers as intended by the voters.

RCW 42.17.680 Limitations on employers or labor organizations.
(paycheck protection statute)

(3) No employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries may withhold or divert a portion of an employee's wages or salaries for contributions to political committees or for use as political contributions except upon the written request of the employee.

Read the Seattle Times article here:
http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/display?slug=weaa&date=19991119

Evergreen Freedom Foundation P.O. Box 552, Olympia, WA 98507 Phone: (360) 956-3482, Fax: (360) 352-1874 Email: effwa@effwa.org