New court ruling impacts teachers

The Washington State Supreme Court recently upheld our state's historic paycheck protection law by ruling that teachers' paychecks must be guarded from unauthorized political withholding. Your "employer" - school districts - must not withhold money from your paycheck for political purposes unless you have given written, annual permission.

The high court, however, declined to hold the Washington Education Association (WEA) responsible for protecting teachers because it is not the "employer." This presents a dilemma since it is the WEA that determines how much money is withheld from your paycheck and for what purposes. Union officials invoice districts for each WEA member and the districts send the withheld funds - amounting to more than $43 million annually - to the union. Union executives from the NEA and the WEA spend money as they see fit.

Unfortunately, this ruling puts school districts in the position of playing campaign finance cop. Districts are initially forced to deduct from employees' paychecks the amount invoiced by WEA for general dues. The problem is, the WEA recently received the largest campaign finance violation in state history in part because it instructed the school district to deduct certain funds without employee authorizations.

The Supreme Court held that "when an employer has notice that the funds deducted are for the use of a political committee or candidate, the employer may not then make that deduction without specific annual authorization."

If you are aware that the WEA is using your payroll deduction for political purposes without your permission, you may wish to give your district the "notice" suggested by the Court. For advice and documentation check this page.

Commonly asked questions

Are you implying that teachers should not be involved in politics?
Absolutely not! It bodes ill for our constitutional republic if teachers shun politics. But political expression and participation must be voluntary, and differing political preferences must be respected.

What if I want to give money to my union for political activities?
This is easily accomplished. You may donate to political causes by asking your school district to withhold money automatically from your paycheck for WEA-PAC. A simple annual permission form signed by you and kept on file at the district office is all that is required. The deducted WEA-PAC money is then sent from the school district to the WEA to use as union officials deem necessary.

Doesn't the voluntary political action committee, WEA-PAC, fund all WEA campaign activity?
No. WEA-PAC primarily pays for contributions to state and local candidate campaigns.

Does the WEA use general dues for politics?
Yes. All members' general dues pay for
- contributions to initiative campaigns
- staff for election campaign activities
- the cost of operating WEA-PAC
- campaigns to inform members how to vote
- contributions to political organizations

Why do they do this?
Because there is no penalty. Accomplishing WEA's political objectives costs more money than teachers are willing to give freely. Most teachers will not give hundreds of dollars annually to the WEA's political account, so WEA officials access teachers' paychecks using other means.

With all these problems, should the teachers' union be allowed to participate in politics?
Yes. Unions must have the ability to advocate for members and to make political recommendations. This includes lobbying policymakers. But union officials must avoid tactics that squash the free speech rights of its dissenting members. They should not be able to take political funds from the paychecks of workers without their consent-- especially from workers who object to the political or ideological causes favored by NEA and WEA officials.

Would the union be harmed if it was required to use only voluntary funds for campaigns?
The WEA is likely to remain one of the largest PACs in the state even if it uses only voluntary contributions. Besides, member organizations are healthier when the leadership must remain responsive to members' needs and wishes instead of resorting to using coercive payroll withholding tactics.

Know your workplace rights & options

A 1986 Supreme Court ruling, referred to as the Hudson decision, grants you rights that supercede union bylaws and collective bargaining contracts.

First, membership in your union is optional.
Kathy O'Toole, Special Counsel to the WEA says that a person wishing to be a non-member can simply state, "'I don't want to join the association.' [W]e ask that people put it in writing so we have a record."

Second, you may resign your union membership.
O'Toole says, "One can resign from the union at any time; and if the union has an agency fee clause, that means you can become an agency fee payer at any time." In some school districts (those without an agency fee clause in the contract) non-members do not pay any dues to the association.

Third, you may stop paying for union non-representation activities.
Non-bargaining activities, called non-chargeables, include political, social and ideological functions. Chargeable activities are bargaining, contract administration and grievance proceedings. "Agency fee payers have a right to object to paying a hundred percent of dues," says O'Toole. "If they object to paying a hundred percent of dues, but they accept the union calculation of the amounts lawfully chargeable to agency-fee payers, we call them objectors."

Fourth, you are entitled to a complete explanation of all union fees charged to you.
Public-sector unions must provide objecting nonmembers with an explanation of fees charged and an independent accountant's verification of the fees.

Fifth, you may challenge your union's calculations of "chargeable" fee assessments.
Typically, the union initially calculates that it spends a fraction of teachers' annual dues on political activities. But, in years past, when hundreds of teachers challenged these calculations, the union settled out of court with teachers providing them with a rebate of 25% to 75% of their dues.

Sixth, if the union's activities and expenditures offend your religious beliefs, you may become a religious objector (Title VII Civil Rights Act).
In this category, you pay 100 percent of your union fees to a nonunion, nonreligious charity. According to Special Counsel O'Toole, "The local association must determine whether the religious objection is both religious and genuine."

The standards for religious and genuine have not been established, but if the local union rejects a teacher's petition, the teacher may appeal to the Public Employment Relations Commission (PERC). PERC usually sides with the employee. "For example," says O'Toole, "PERC has [even] granted religious objections to people whose religious beliefs prohibited lying, where the objector testified that the leadership of the local association had lied."

If I decide the union's politics do not represent my views, how can I stop footing the bill?
If you are a union member, you must first resign in writing. You may do this at any time. The union must provide you with your new, reduced fee and an explanation of how it was calculated.

If I do not agree with the calculations...?
To be safe, you should register your objection in writing and ask for an arbitration hearing.

Will I be at a disadvantage if I resign?
Only you can decide, but you have full access to your personnel files and are protected from age, race, gender and pregnancy discrimination and sexual harassment. You may lose your union-owned liability policies, but almost every educator has insurance through the school district's umbrella policy. Low-cost alternatives to fill in the gaps can be obtained through professional education associations such as the Association of American Educators.

How often do I need to follow this procedure?
Every year.

Write a letter to your local president (also send a copy to the WEA and the school district) stating that you will no longer be a member (see sample).

Describe your objection

Agency fee payers object to union membership for political or ideological reasons. They pay their share for union-provided collective bargaining, contract management and grievance processing. Agency fee payers receive an automatic rebate of $100-$200 that otherwise would be used for politics, marketing or contributions to other causes if they remember to request it from the WEA headquarters in writing at the beginning of each school year.

A sample letter might include:

"I resign my union membership effective immediately and revoke authorization for any payroll deduction of membership dues. Instead I authorize only the deduction of those fees legally chargeable to objecting nonmembers under the Constitution.

"I object to the use of my dues for any purpose other than those directly related to collective bargaining, contract administration and grievance processing.

"I would like a full accounting of the basis for charging the agency fee."

Follow up

To receive the $100-$200 rebate each year, agency fee payers request a refund of the "non-chargeable" portion of the fee usually in September of each year.

How to opt out of the union as a religious objector

Inform the union

Write a letter to your local president, (also send a copy to the WEA and the school district) stating that you will no longer be a member (see sample).

Describe your objection

Religious objectors are individuals of faith who do not want to belong to the union for reasons of conscience. For example, some object to union contributions to pro-choice or homosexual causes. Religious objectors pay no dues to the union, but have an amount equal to their dues contributed to a nonreligious charity.

A sample letter might include:

"I resign my union membership effective immediately because of my religious faith. "My religious beliefs prevent me from belonging to this union because... [At this point describe your genuine, religious beliefs. If you only just became aware of the right to opt out for religious reasons, that could be included to explain the timing of your decision].

"I revoke authorization for any payroll deduction of membership dues, and instead authorize only withholding of amounts equal to my union dues for the following charitable, nonreligious organization(s):"

Follow up

Confirm that the selected charities are getting the dues amount.

What workplace options do Washington state teachers have?

Unlike many states, Washington's teacher union has little or no competition and state law makes it difficult for other unions or professional associations to earn the right to represent you. This means collective bargaining dues are high _ an average of $650 each year. Compare this to other states where several unions compete to provide comparable services for teachers, but at half to two-thirds the cost of the WEA.

Additionally, numerous states offer professional associations for teachers. An example is Texas where, for $90 annually, teachers can belong to the Texas Classroom Teachers Association. This association lobbies on behalf of teachers for pay, class size reductions, health benefits, etc.; provides excellent liability insurance; staffs seven attorneys and a CPA for teachers' use; offers professional development training; advances affinity programs, and issues regular communications to teachers.

Because our state offers few choices for teachers, other options must be considered.

A different union? No union? Local only?

Several options are available to employees in Washington state, but each requires employees to "decertify" their current union.

Employees wishing to change or decertify their union must file a petition with the Public Employees Relations Commission (PERC). If thirty percent of the bargaining unit members sign the petition, PERC will administer a secret-ballot election to determine the will of the majority. The identity of those who sign the petition as well as those who vote against the union are kept in confidence by PERC.

Regulations govern when a vote to change or remove the union may be held. PERC staff can assist with understanding these regulations.

"Local only" unions are local employee groups who form their own unions, but do not affiliate with the NEA or WEA. Because they are not sending dues to these other affiliates (as required under the current WEA unified dues structure), "local only" unions are able to provide identical services, including legal and liability protections, to members at much lower dues rates.

Employees interested in organizing a vote to change or remove their workplace union should retain an employment lawyer through the referral service of the Washington State Bar Association. Additional information is available from the Public Employment Relations Commission.

Does your contract hinder or enhance your rights?

Negotiating the contract with your employer is the central role of your local union, but the contract can work against your interests. Since the local should be representing your interests during negotiations, you are entitled to give input on provisions of your contract.

Eliminate "agency fee" provisions.
The union has made certain that most contracts require non-members to pay an agency-fee equal to 100% of regular dues. However, eliminating this provision allows those who opt out of the union pay no dues.

Require notice to employees of their rights.
Currently, neither districts nor the union will tell employees their rights regarding union membership. The contract could require annual notice to employees of their right to opt out of union membership.

Ask union officials to certify that general dues will not be diverted to campaigns.
The contract should protect employees and the district from becoming unwilling accomplices to the union's use of dues for campaigns. Ask the union representative if the union can give assurance that no dues will be used for political expenditures without employee permission.

Add prohibitions on political activities on school grounds.
State law prohibits the use of public facilities for candidate or ballot measure campaign purposes, but the contract should make certain that the union does not use school e-mail, employee mailboxes, district mail, buildings or other facilities for campaign purposes.

In closing...

For most hardworking teachers, union business and politics are very low priorities. However, if the union is to be accountable to the wishes and rights of members, teachers must speak out.

A number of suggested actions are included in this publication. Some may be appropriate for you, but in addition consider these steps:

- Educate your local union official about your concerns.
- Seek office as a union official at the beginning of the new year.
- Write letters to the editor of WEA Action or your local UniServ publication expressing your views.
- Inform your colleagues about their right to opt out of political expenditures.
- Ask your lawmakers to adopt those policy changes that you believe would improve your ability to regain your rights.

If we can assist you, please write, e-mail or call. Your communication with us will be kept confidential.

Evergreen Freedom Foundation
PO Box 552
Olympia, WA 98507
(360) 956_3482

To receive e-mail updates on the use of dues for elections, send a message to info@effwa.org

Questions?
Here are a few resources.

Public Employees Relations Commission
PO Box 40919
Olympia, WA 98504-0919 General
(360) 753-3444
www.perc.wa.gov
perc@olywa.net

Association of American Educators
26012 Marguerite Pkwy #H333
Mission Viejo, CA 92692-3263
1-800-704-7799
www.aaeteachers.org
info@aaeteachers.org

Texas Classroom Teachers Association (professional teachers association)
PO Box 1489
Austin, Texas 78767
(512) 477-9415
www.tcta.org
webmaster@tcta.org

Coalition of Independent Education Associations
2010 Gadsden St
Columbia, SC 29201
1-888-826-2432

National Right to Work Foundation
8001 Braddock Rd
Springfield, VA 22151
(800) 336-3600
www.nrtw.org
info@nrtw.org

For information on campaign finance violations or use of public facilities for campaigns violations:

www.pdc.wa.gov
pdc@pdc.wa.gov

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