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In 1996, a handful of courageous teachers came to Evergreen Freedom Foundation
(EFF) with evidence that Washington Education Association (WEA) officials
were illegally funneling mandatory dues into politics.
Teachers' mailboxes were swamped with the union's costly, highly partisan
political propaganda as election season approached. Though it is a well
recognized fact among teachers that most do not choose to contribute to
the union's political action fund, the WEA budgeted a whopping $1.4 million
from compulsory dues to defeat two ballot initiatives. Wasn't Initiative
134, passed in 1992 by an overwhelming majority of Washington state voters,
supposed to protect the union rank-and-file from this kind of political
exploitation?
When these teachers made inquires, their union responded to their concerns
with ridicule. Their multiple complaints filed with the Public Disclosure
Commission had gone unnoticed. Could EFF with its reputation as a citizen's
fiscal watchdog help?
After filing several lawsuits and encouraging the state Attorney General
to pursue litigation, the ball started rolling forward on enforcing paycheck
protection. But the WEA fought back on multiple fronts. After an attempt
to sue EFF failed in 1997, the WEA enacted an aggressive public relations
campaign to discredit our efforts to help teachers.
Since then EFF has also championed workers rights in other unions, including
the Washington State Labor Council and the Washington Federation of State
Employees. No worker should be compelled to support political ideologies
they do not endorse. The United States Supreme Court has ruled that political
financial support is an expression of free speech. Therefore these workers'
First Amendment rights are being violated. We do not wish for the abrogation
of all unions. We simply wish for them to be more accountable to their members
and to the public. No one should be forced to pay for someone else's politics.
Below is a timeline of important dates in the paycheck protection struggle.
October: Union leaders, including the officials of the WEA, spend
nearly $200,000 to defeat Initiative 134, a campaign finance reform ballot
measure that includes a provision requiring unions to get annual permission
from their members before using their dues for politics.
November: Washington voters overwhelmingly approve Initiative 134.
December: WEA officials and other labor leaders meet with the Director
of the Public Disclosure Commission (PDC) about implementation of Initiative
134.
February-June: Leaders of the WEA form the "Life After 134"
task force and meet monthly to discuss efforts aimed at undermining the
provisions of I-134 and stripping teachers of their consent rights.
July: The PDC adopts an interpretation of Initiative 134, which
incorporates many of the WEA's recommendations and permits unions like the
WEA to continue its practice of payroll deductions for politics without
the annual consent of members.
January: Initiative 134 is finally implemented. More than 85 percent
of teachers choose not to contribute to WEA's Political Action Committee
(PAC).
May: The WEA Representative Assembly approves the formation of a
secret political action committee--the Community Outreach Program (COP)--which
automatically deducts dues from teachers' paychecks. The COP's budget is
dedicated to pay for the operations of WEA's recently-formed political action
committee, WEA-PAC.
January-November: The WEA and NEA draft and implement a $2 million
political plan to target political races and defeat charter school and school
voucher initiatives.
January: Teachers approach Evergreen Freedom Foundation on the matter
of their mandatory union dues going to the WEA political activities.
July: EFF investigates and requests that the PDC take action.
September: A 45-day "Citizen Action Complaint" is filed
with the state Attorney General (AG) charging that:
1. the WEA-PAC failed to disclose sources of at least $200,976 in contributions;
2. a WEA loan (and subsequent loan forgiveness) of $162,255 was extended
to the WEA-PAC from union dues without written permission of teachers;
3. the WEA funded WEA-PAC administrative expenses (estimated $120,000)
through the WEA "Community Outreach Program" (COP) from union
dues without written permission of teachers; and
4. the WEA COP functioned as a political action committee without receiving
written permission from teachers and without reporting to the PDC.
October: The PDC asks the state Attorney General to prosecute the
WEA for violations.
December: The WEA sues the Public Disclosure Commission.
February: The Attorney General files suit against the WEA for items
one, two and four from the above citizen action complaint.
March: The Moore Information Public Opinion Research takes a poll
of Washington voters discovering that 69 percent believe the WEA's illegal
political fundraising practices are a problem.
June: EFF and Teachers for a Responsible Union (TRU) file suit against
the NEA and WEA charging: WEA is a political action committee and has failed
to register and report as one; WEA local affiliates are political action
committees and have failed to register and report as such; WEA deducts dues
for COP's political activities without written permission of the teachers;
the NEA failed to report contributions and failed to report lobbyists.
July: The WEA files lawsuit against EFF.
July-December: The Attorney General fails to incorporate charges
against the NEA into state lawsuit against the WEA and instead defers the
NEA charges to the PDC for investigation. The Attorney General refrains
from completing discovery in lawsuit and fails to follow-up on interrogatories
or schedule depositions.
September: The Moore Information Public Opinion Research takes a poll of
WEA members and finds that 59 percent are concerned that the WEA spent money
from union dues on 1996 election activities.
January: PDC delays enforcement hearings on NEA charges.
February: The Attorney General and PDC announce a settlement agreement
with the WEA. This settlement includes guidelines indicating that PDC state
authorities will not require that annual written permission be obtained
from teachers and other union members before general union dues can be used
for politics. Settlement fines are paid by WEA members, not by the individuals
responsible for the campaign finance violations.
March: EFF's lawsuit proceeds and provides an opportunity for true
investigation and the levying of appropriate penalties for the lawbreakers.
March: EFF asks the Attorney General and the PDC for documents relating
to the state settlement with the WEA; AG and PDC refuse to release documents.
July: At the WEA's request, the judge in the EFF vs. WEA/NEA trial
dismisses the charge that WEA failed to secure written permission for payroll
deductions which were diverted to campaigns. EFF is permitted to immediately
appeal this ruling to the State Supreme Court.
July: EFF files a motion to compel the Attorney General and PDC
to release settlement documents.
November: EFF wins motion to compel - the Attorney General's office
is fined $33,110 for failing to produce settlement documents. The documents
show state complicity; the WEA dictated the terms of the settlement.
November: EFF challenges the PDC to correct its narrow interpretation
of Initiative 134's paycheck protection provision; PDC refuses to correct,
and EFF files an appeal to the Thurston County Superior Court for judicial
review of the PDC's interpretation.
January: The WEA fails to produce crucial documents in EFF's lawsuit;
the Olympia Education Association president files a 45-day notice with the
PDC, charging EFF with campaign finance violations.
February: Judge fines the WEA $15,000 for failing to produce documents
in EFF's lawsuit.
March: The PDC clears EFF of charges brought by OEA President. The
judge blocks attempts by state agencies to delay judicial review of paycheck
protection rule adopted by PDC.
May: The EFF vs. WEA trial is conducted from May 3 to May 27.
May: EFF challenges the state of Washington in a one-day trial to
challenge WAC 390-17-100 and guidelines permitting unions to divert payroll
deductions to politics. The judge's ruling allows the agency rule to stand.
May: The Moore Information Public Opinion Research poll of WEA members
finds that 66 percent believe union leaders should be required to get permission
before they spend dues for campaign activities; 89 percent believe WEA should
be required to give members a full accounting of all the funds spent on
political activities.
June: EFF appeals EFF vs. State case directly to the state Supreme
Court.
August: The judge rules in EFF v. WEA, finding that WEA's political
activities did not violate campaign finance laws.
November: The Supreme Court hears argument on charge in EFF v. WEA/NEA
case that WEA was obligated to secure written permission for payroll deductions
diverted to campaigns.
January: EFF research exposes that several districts with high percentages
of teachers enrolled in the union-PAC do not actually get their signed authorization
to continue collecting these funds. EFF files a complaint with the PDC.
February: The WEA deposes EFF staff and presses for release of EFF
documents in the countersuit against EFF for fomenting discontent and for
allegedly causing 631 teachers to break their contract with the WEA. EFF
sends 46,000 teachers a message about cumulative total WEA political giving
from mandatory dues.
February: EFF enables fifty teachers to publish a signed "open
letter" newspaper advertisement in thirteen key newspapers.
April: The WEA drops the countersuit against EFF when further pursuit
would have resulted in non-members learning that they have a right to a
rebate.
May: The Supreme Court rules that the paycheck protection law applies
only to employers. However, the ruling also says that if an employer has
notice that funds withheld for employees are for use as political contributions,
the employer must not make the withholding. EFF e-mails 59,000 teachers
to advise them of the failure of the court to protect them.
June: EFF gives formal notice to all school districts that the WEA
dues are being used as political contributions and that the district is
liable for fines of up to $10,000 per violation. EFF publishes a study Taking
employee wages to hijack elections exposing twelve unions' electioneering
in 1998. In preparing research for this study, EFF files approximately thirty
complaints against unions and contribution recipients.
July: EFF sends 43,000 teachers a booklet publication explaining
the ruling and their rights under law to opt out of union politicking. NEA
imposes a $5 per member assessment for its contingency fund for state electioneering.
EFF publishes a template of methodology titled How to follow the money:
from teachers' paychecks to elections.
July: NEA Assembly approves a $5 dues increase earmarked for "Ballot
Measure/Legislative Crises and Media Campaign Fund."
August: EFF alerts the Attorney General that NEA's $5 dues increase
violates state campaign finance law. The AG communicates with NEA. NEA avoids
issue of unauthorized paycheck deductions by indicating that no portion
of the funds will be used to deal with ballot initiatives.
August: EFF files a citizen action complaint with the Attorney General
and all county prosecutors for school districts' failure to have authorization
for political deductions and for the WEA's use of agency fees as political
contributions.
August: The PDC fines two school districts for their failure to
have authorizations from teachers before withholding for the WEA's political
action committee. One district had been withholding from teachers who had
not authorized, and it was fined for violating the paycheck protection statute.
September: The PDC recommends that the Attorney General take action
against the WEA on the EFF complaint regarding use of nonmembers' funds
for contributions. EFF e-mails 59,000 teachers to advise them of the PDC's
announcement and telling them how to opt out of the union if they wish to
escape WEA electioneering.
October: The Attorney General files a lawsuit against the WEA for
use of nonmembers' funds as contributions, but dismisses the EFF complaint
that school districts wrongfully withhold funds from teachers that are used
as political contributions. EFF enables a teacher to speak out on a radio
advertisement telling teachers of the WEA violation and advising them of
how they can opt out of union politicking.
March: A group of teachers file a class action lawsuit against WEA
seeking refund of illegally spent dues. Thousands of teachers could be eligible
for refunds.
March: EFF files complaint with the PDC for Tacoma School District's
failure to provide public disclosure of WEA-PAC payroll authorizations.
May: The Amalgamated Transit Union (ATU) requested $50 assessment
from King County employee's paychecks without written authorization to oppose
a state initiative. PDC referred case to Attorney General's office for violation
of campaign finance law.
June: The Moore Information Public Opinion Research polls Washington
voters and discovers that 81 percent believe unions should be required to
get permission from members before using dues money on campaign activities;
76 percent support changing the law to prohibit unions from using deductions
for political purposes.
August: Judge Tabor issued a "guilty" verdict against
the Washington Education Association (WEA) for what he characterized as
intentional violations in the union's use of mandatory teacher dues and
fees for politics. The combined penalties, sanctions and reimbursements
ordered by the court make this the largest fine ever levied against the
WEA - likely more than $500,000.
September: The WEA sues PDC and asks the King County Superior Court
to declare the PDC guidelines regarding political activity in public taxpayer
facilities unconstitutional.
October: A Lawrence Research poll of WEA members find that 65 percent
believe WEA union leaders should be required to get permission before they
spend dues for campaign activities; 80 percent believe WEA should be required
by law to give members a full accounting of all spending each year.
October: The Court of Appeals hears the EFF case against the WEA.
EFF asks for a ruling that requires WEA to register and report as a political
action committee because the WEA's political expenditures are so extensive
(over $700,000 in an election admitted).
October: The Attorney General and King County reach settlement in
ATU $50 assessment case. ATU and King County fined for illegal paycheck
deductions; King County is required to change payroll deduction procedures.
October: The WEA-PAC files suit against the PDC, asking King County
Superior Court to declare campaign finance law unconstitutional. This law
requires public disclosure of teacher authorizations for contributions to
political action committees.
November: King County Superior Court grants the WEA-PAC's preliminary
injunction stipulating that public records of teacher authorizations for
political contributions must not display names, signatures, or other identifying
features. Injunction made permanent in February 2003.
November: Judge Tabor upholds August 2001 ruling against WEA. The
WEA is forced to refund $180,000 to teachers.
November: A judge denies a WEA motion to dismiss teacher class action
suit.
January: The WEA sends out rebate checks to teachers; the NEA also
sends teachers money though NEA was not a party in the lawsuit.
January: EFF files suit with the PDC against the NEA, alleging that
the NEA is guilty of same campaign finance violations as WEA.
February: The WEA appeals the teacher class action suit to Court
of Appeals.
April: EFF files a complaint regarding the NEA's use of member dues
for state politics. The PDC issues a finding that the NEA broke the law.
April: The WEA spends hundreds of thousands of dollars on an ad
campaign aimed at discrediting EFF president Bob Williams and the foundation
itself.
April: The PDC recommends the Attorney General file suit against
the NEA or settle out of court. EFF initiates the lawsuit, suing NEA on
behalf of Washington state.
April: The Democrat legislature rescinds the "Annual Authorization"
section of the paycheck protection law in Senate Bill 6713.
April: The EFF complaint against "No (Initiative) 695"
campaign fundraising by various unions' officials results in $10,000 forfeiture
to the state.
April: The Court of Appeals rules against EFF in case against WEA
for failure to report as a PAC (over $700,000 admitted election expenditures).
June: EFF President Bob Williams testifies before U.S. House of
Representatives Subcommittee on Workforce Protection, focusing on the illegal
and illegitimate methods teacher union officials use to build and maintain
their power.
July: The NEA misses a court deadline, and in a default judgment,
a Thurston County Judge fines NEA $800,000 and requires that they stop collecting
dues from agency fee payers in Washington state. The NEA files a late response;
the fine is lifted and the case is allowed to progress. The NEA unsuccessfully
attempts to convince the court it was deceived by EFF. However, publicity
surrounding the temporary fine motivates the judge to penalize EFF for improper
use of judicial process.
July: The King County Superior Court declares PDC Guidelines regarding
campaign activities in public facilities unconstitutional. The AG appeals
to Supreme Court.
July: EFF appeals the Court of Appeals decision that WEA is not
a PAC to the Supreme Court.
August: A Thurston County judge dismisses the EFF lawsuit against NEA and
then remands case back to the PDC.
September: The Supreme Court denies Emergency Motion to Stay King
County judge's order that PDC Guidelines are unconstitutional.
October: The PDC finds the NEA guilty of "apparent multiple
violations" of state campaign finance law. The Attorney General files
suit against NEA for illegally spending fees taken from nonmember teachers
to advance political causes. The case is stayed pending the outcome of the
AG v. WEA case in Supreme Court.
January: The Department of Labor (DOL) proposes disclosure regulations
for unions.
February: Thirty-two NEA affiliates (including WEA) sue DOL, charging
DOL with exceeding its authority to regulate labor organizations.
March: The Washington Supreme Court declines to hear appeal of 1997
case filed by public school teachers and EFF against the WEA. This case
held that the WEA does not have to comply with requirements for political
action committees.
March: The Court of Appeals hears theAttorney General's case against
the WEA. The case is on appeal after a Thurston County judge imposed a $400,000
sanction on the WEA for ignoring campaign finance law in 2001. The Court
of Appeals consolidates this case with the teacher class action suit.
May: A group of teachers petitions the Public Employment Relations
Committee (PERC) to adopt disclosure regulations for unions.
June: The Court of Appeals rules that state campaign finance law
is unconstitutional; it overturns Thurston County Superior Court decision
and dismisses teacher class action suit. The PDC and teachers appeal the
case to the state Supreme Court.
September-November: The Marysville Education Association goes on
strike for 49 days, the longest strike in state history.
November: EFF publishes When
Values Collide: Teachers, unions, and the charity option and launches
the ichoosecharity.org
website.
December: The Court of Appeals rules that lawsuit filed by EFF against
the NEA was improperly dismissed in August 2002.
January: The Supreme Court reverses the King County Superior Court
in the PDC guidelines case. PDC reinstates the guidelines regarding political
activity in public facilities.
March: The Court of Appeals remands EFF v. NEA to Superior Court.
April: The EFF v. NEA status conference appeared before Judge Casey.
The case stayed pending in the Supreme Court decision in AG v. WEA.
May: The Washington Supreme Court hears oral arguments in Attorney
General and teacher class action cases against the WEA.
August: EFF files a petition with the Public Employment Relations
Commission (PERC) on behalf of public employees requesting an administrative
rule change that would allow non-union employees to participate in workplace
decisions that directly affect their employment.
September: EFF files a complaint today with the Attorney General
(AG), notifying the AG of multiple campaign finance violations by the Washington
State Labor Council, AFL-CIO. Among the violations listed in the complaint,
the WSLC failed to disclose thousands of dollars in political expenditures,
exceeded campaign contribution limits, used public funds for political expenditures
and failed to register and report as a political committee.
September: EFF staff meets with the PDC to discuss EFF's complaint
against the Washington State Labor Council, AFL-CIO. PDC Assistant Director
Susan Harris indicated the PDC is earnestly investigating the WSLC.
September: PERC denies the petition filed by EFF that would have
allowed all public employees to have an equal voice in workplace decisions
that directly affect their employment.
October: The PDC dismisses the EFF complaint against the Washington
State Labor Council (WSLC) charging the council with unreported political
expenditures of half a million dollars for the 2004 state election. The
dismissal came in spite of a PDC staff investigation, which revealed that
the WSLC diverts a significant amount of money into every state election.
December: The WEA encourages union members to volunteer as Democratic
party observers in the recount of the ballots in the Washington governor's
race.
December: EFF appeals PERC's decision to deny public employees an
equal voice in workplace decisions to the state governor's office. Governor
Gary Locke denies EFF's appeal.
2005
January: The Public Disclosure Commission rules that
two Seattle Education Association building representatives violated state
law by using the Seattle School District's internal mail and e-mail system
to distribute campaign-related materials. The union representatives distributed
information on R-55 and I-884 by using school district mailboxes and e-mail
systems, in clear violation of state law. Each SEA representative was fined
$500 ($450 suspended pending future compliance).
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