2006 POLICY HIGHLIGHTER

September 26, 2006

Fact-checking the Washington Education Association
Volume 16, Number 26

The United State Supreme Court has agreed to review the Washington State Supreme Court’s decision in the companion cases of Washington v. Washington Education Association and Davenport v. Washington Education Association. The Washington Education Association (WEA) is making several inaccurate claims to media. Our responses below:

WEA claim : “The Washington Education Association does not spend non-members' fees on political purposes.”

Facts : The WEA has admitted in court (including the USSC) to spending nonmember dues on politics.

  • The WEA admitted to “multiple violations” of the law when investigated by the state. Stipulation of Facts, Violations, and Recommendations, September 25, 2000.
  • When sued, the WEA admitted to violations. Defendant’s Answer and Affirmative Defenses, November 22, 2000. “Defendants admits that it collects agency shop fees from agency shop payers… [and] that a portion of these funds is deposited in the WEA’s general treasury….” Defendant’s Answer, ¶ 10. “Defendant admits that during the past five years, it has expended funds from its general treasury for contributions and expenditures to influence an election or to operate a political committee,” Defendant’s Answer, ¶ 11.
  • “[WEA] political advocacy … is financed almost entirely by members’ dues and only to a very small extent by agency fee moneys.” WEA Brief in Opposition, U.S. Supreme Court, August 14, 2006.
  • Furthermore, the WEA’s violations are settled and not in dispute before the Court. The issue now is whether Washington’s law is valid and constitutional.

WEA claim : “WEA has consistently sought to fully comply with all state and federal regulations.”

Facts : WEA has consistently violated the law and trampled on the rights of teachers.

  • The WEA admitted to “multiple violations” of the law when investigated by the state. Stipulation of Facts, Violations, and Recommendations, September 25, 2000.
  • The state Public Disclosure Commission found the WEA guilty of multiple campaign finance violations and voted unanimously to turn the case over to the attorney general for prosecution. Complaint for violation of RCW 42.17.760, ¶ 4.1, October 9, 2000.

Thurston County Superior Court Judge Gary Tabor fined the WEA $590,000 for its violations: “I find that the WEA ‘intentionally’ chose not to comply with the clear language of the statute.” State Public Disclosure Commission v. Washington Education Association, #00-2-01837-9, July 31, 2001.

WEA claim : “Evergreen Freedom Foundation has used an unclear, flawed state law to attack WEA.”

Facts : Washington’s law establishes important protections for teachers to prevent them from subsidizing politics against their will

  • Washington voters approved Initiative 134 by 72 percent in 1992.
  • There is nothing ambiguous about the law: “RCW 42.17.760. 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.”
  • The Washington Attorney General (a Democrat) won a half-million dollar judgment against the union in 2001.

WEA claim : “Non-members have a simple, easy way of opting out.”

Facts : Dozens of teachers in Washington state have contacted us with complaints about the difficulty of the WEA’s refund process.

  • Teacher testimonials can be viewed at www.teachers-vs-union.org.
  • More importantly, this case is not about the difficulty in opting out. These teachers have already successfully opted out, and their agency fees are still going towards politics against their will. As Justice Sanders pointed out, association has to be a two way street, and these teachers have already made it clear that they do not want to be associated with the union.

 

Additional Information

Amicus brief of Evergreen Freedom Foundation, et al.
http://www.effwa.org/pdfs/WA_v_WEA_Amicus_brief.pdf

Davenport, et al, v. Washington Education Association, No. 05-1589
http://www.supremecourtus.gov/docket/05-1589.htm

Washington v. Washington Education Association, No. 05-1657
http://www.supremecourtus.gov/docket/05-1657.htm

Also available for comment is the attorney representing teachers in the class-action lawsuit:

Steven O’Ban
Ellis, Li & McKinstry
(206) 682-0565

 

Prepared by Michael Reitz, Director of Labor Policy

(360) 956-3482 or mreitz@effwa.org


Contact: Michael Reitz | General Counsel | (360) 956-3482

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