Illegal use of fees for politics

RCW 42.17.760 - Agency shop fees as contributions.
A labor organization may not use agency shop fees paid by an individual who is not a member of the organization to make contributions or expenditures to influence an election or to operate a political committee, unless affirmatively authorized by the individual.

Labor organizations are prohibited from using nonmember "agency fees" for political expenditures unless the nonmember affirmatively authorizes the union to do so. Agency fee payers are teachers who opt out of the union, often for political or religious reasons, but are still required to pay 100 percent of regular member dues (except for the portion spent on politics and other non-traditional union functions).

Regardless of the prohibition in the law, the Washington Education Association routinely uses nonmember fees for political expenditures. Instead of obtaining nonmembers' permission, the WEA's practice is to use the money and provide a refund only if an affected teacher objects to the union's expenditures.

In June of 2000, EFF filed a 45-day notice with the Attorney General (AG) on behalf of affected teachers alleging that the WEA had used agency fee payer teachers' dues money for politics – a clear violation of state law.

Following an initial investigation by the Public Disclosure Commission (PDC), which referred the matter back to the AG for a thorough investigation, a trial was held in May of 2001.

Thurston County Superior Court Judge Gary 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.

Tabor assessed a $200,000 civil penalty against the union, which he doubled to $400,000 as a punitive sanction saying he found "that the WEA ‘intentionally' chose not to comply with the clear language of the statute." (RCW 42.17.760). The judge also ordered WEA to pay for the costs of the investigation, the trial and attorneys' fees.

The WEA appealed this decision to the Court of Appeals, which overturned Judge Tabor's decision, ruling that Sec. 760 is unconstitutional. The Attorney General appealed, and oral arguments were presented before the Washington State Supreme Court on May 27, 2004.

Judge Tabor Decision

WEA Admission before PDC

"Free" Speech, according to the WEA
Opinion-Editorial | July 30, 2003 | Karen Helland & Carl Gipson
Which of the following is not an example of free speech: A) A street-corner sign-waver; B) A citizen addressing a public forum; C) An individual’s contribution to purchase candidate promotional materials; or D) An organization taking an unwilling worker’s money to spend on politics. If you guessed "D," you are clearly not one of the enlightened leaders of the Washington Education Association—or one of the two appellate judges who endorsed their point of view. For these folks, individual free speech rights are of less value than the "collective rights" of labor organizations...more

Attorney General files suit against NEA
Press Release | October 4, 2002
OLYMPIA, WA - Washington State Attorney General Christine Gregoire filed a lawsuit against the National Education Association late yesterday afternoon in the Thurston County Superior Court. The suit charges the NEA with illegally spending fees taken from nonmember teachers to advance political causes, and stems from a complaint filed by the Olympia-based Evergreen Freedom Foundation, a non-profit public policy research organization...more

PDC refers union case to AG
Press Release | October 2, 2002
OLYMPIA, WA - Washington’s Public Disclosure Commission (PDC) found the National Education Association (NEA) guilty today of “apparent multiple violations” of a state law that requires the union to get permission from non-member teachers before spending their money to advance political causes. Commissioners referred the case to Attorney General Christine Gregoire for further action, saying their ability to penalize falls short of the magnitude of the violations...more

Judge throws NEA case back to PDC
Press Release | August 23, 2002
In a ruling this morning, Thurston County Superior Court Judge Paula Casey remanded a campaign finance case brought by the Evergreen Freedom Foundation against the National Education Association back to the state Public Disclosure Commission. Judge Casey cited an Appellate Court ruling -- handed down after EFF filed suit on behalf of teachers -- in deciding that EFF's citizen action had been filed prematurely, but said she expected to see the Foundation back in court "immediately" if the PDC does not recommend enforcement action against the NEA at its meeting next Tuesday... more

Judge fines NEA $400,000
Court Ruling | November 2001
In a Thurston County Superior Court ruling, the WEA was penalized $400,000 for using union dues to fund political activities without approval from agency fee payers. Click here to see a copy of the ruling.

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

Quotables:

"To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical." - Thomas Jefferson

"If all mankind minus one were of one opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind." - John Stuart Mill