Violations of Paycheck Protection Law

Washington Education Association-Political Action Committee, v. Public Disclosure Commission was generated by EFF's in-person public records request to school districts for required annual authorizations for PAC payroll deduction contributions.

Prior to the enactment of Washington's paycheck protection law (RCW 42.17.680), the WEA made deductions from teachers paychecks for political expenditures. RCW 42.17.680 required that labor unions received annual authorization before making deductions of this kind. EFF began visiting school district offices for the purpose of verifying that schools possessed annual authorization forms.

EFF filed a complaint with the PDC for Tacoma School District's failure to provide public disclosure of WEA-PAC payroll authorizations. The PDC held a hearing, discovered violations of the paycheck protection law and fined the Tacoma School District.

WEA-PAC then filed suit against the PDC, asking the court to declare 42.17.680(4) unconstitutional. The King County Superior Court granted WEA-PAC's injunction stipulating that public records of teacher authorizations for political contributions must not display names, signatures or other identifying features.

RCW 42.17.680
Limitations on employers or labor organizations.
(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. The request must be made on a form prescribed by the commission informing the employee of the prohibition against employer and labor organization discrimination described in subsection (2) of this section. The employee may revoke the request at any time. At least annually, the employee shall be notified about the right to revoke the request.

(4) Each person or entity who withholds contributions under subsection (3) of this section shall maintain open for public inspection for a period of no less than three years, during normal business hours, documents and books of accounts that shall include a copy of each employee's request, the amounts and dates funds were actually withheld, and the amounts and dates funds were transferred to a political committee. Copies of such information shall be delivered to the commission upon request.

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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