2006 PRESS RELEASES

September 26, 2006

U.S. SUPREME COURT TO HEAR WASHINGTON CASES ON USE OF UNION DUES FOR POLITICS

WASHINGTON — Today the U.S. Supreme Court announced it will review Washington v. Washington Education Association and Davenport v. Washington Education Association in its upcoming session, giving hope to millions of teachers across the country that they may no longer be forced to pay union dues that fund political causes with which they disagree.

“This is excellent news and a first step toward securing the First Amendment free speech rights of teachers and 17 million union-represented employees across the country,” said Michael Reitz of the Evergreen Freedom Foundation (EFF), an initial complainant in the case. “We look forward to the oral arguments and are optimistic that the Court will restore justice for teachers.”

The cases began in Washington State where teachers have been embroiled in a conflict with the NEA-affiliated teachers’ union over whether the union has a right to use nonmembers' dues however it chooses. (Nonmembers have resigned from the union but are forced to pay collective bargaining fees.)

Passed by nearly 73 percent of voters in an initiative, Washington’s paycheck protection law has been on the books for over a decade. It requires that union receive the “affirmative authorization” of workers prior to spending their mandatory dues or agency fees on politics.

The union flagrantly violated the law, even admitting to multiple violations during a state investigation. The attorney general sued to enforce the law and the trial court fined the union over half a million dollars. On appeal, the union claimed the law unconstitutionally ‘burdened’ its free speech rights, and unfortunately the Washington Supreme Court agreed.

The case, along with the companion class action lawsuit (Davenport) , was appealed to the U.S. Supreme Court. By accepting the case, the Court will have an opportunity to make it clear that no one should be forced to pay for political causes with which they disagree.

According to some teachers, the Court must support the First Amendment rights of teachers by overturning the Washington State decision. “Our freedoms are so important to us that if we let any organization take them away, our democracy is diminished,” states Jeralee Smith, a teacher in Orange County, California. “Teachers' rights have been abused by the union for long enough; it is time for it to end,” added Reitz.

For teacher profiles, case background, and the latest news on the case, please visit www.teachers-vs-union.org.

Also available for comment:

Steven O'Ban, attorney representing Davenport class-action

Ellis, Li & McKinstry

(206) 682-0565


Contact: Booker T. Stallworth | Communications Director | (360) 956-3482

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