Contact: Marsha Richards, Communications Director
(360) 956-3482 or mrichards@effwa.org
WEA orders teachers and their
representatives to be quiet, or else . . .
After an annual arbitration hearing last week, the Washington
Education Association (WEA) drafted a retroactive gag order
for staff of the Evergreen Freedom Foundation (EFF) and several other individuals.
The order, signed by attorneys from the WEA and an American Arbitration
Association arbitrator, attempts to prohibit teachers and their representatives
from ever talking about what took place at the unions hearing.
The WEA cannot intimidate us or the teachers we represent into being
quiet, said Bob Williams, president of EFF. We will not comply
with such an unlawful and capricious order.
In an editorial last November, WEA president Charles Hasse stated that
teachers have full and open access to the minutest detail of our budget.
The unions annual arbitration hearing is designed for teachers who
want to challenge the unions statements about how much money officials
spend on politics and other non-union activities. But teachers and their
representatives who have attended the arbitration say the process is not
teacher-friendly.
The hearing takes place on a school day, during class time, and teachers
who want to attend must pay for their own substitute and take time away
from their students. In addition, the WEAs books are difficult to
understand, even for the professional accountants and lawyers who have represented
teachers in the past.
Jim Dugan, a Kirkland CPA, was asked by a Tacoma teacher to attend the
arbitration hearing on her behalf.
"Nonunion teachers wishing to challenge the union's calculation of
agency fees are facing an uphill battle," said Dugan. "The whole
process is stacked in the union's favor, making the teacher the decided
underdog."
Teachers
who can arrange to take time off work to attend the hearing are not permitted
to see any union documentation beforehand. When they arrive at the hearing,
they are presented with a large stack of documents and they are given about
one hour to do three things: read the documents (this year about twelve
inches thick), listen to the unions oral presentation, and prepare
a defense if they have any objections to the unions calculations.
I have serious doubts about the unions calculations when it
comes to political activity, but there was no way I could have mounted an
effective challenge to the unions claims, said Sue Hoffman,
a computer instructor at the West Seattle High School.
The arbitrator is chosen from a pool previously approved by union officials,
and he is paid by the union--$1,100 per day this year--from teachers
mandatory dues and fees.
Teachers have found the WEAs arbitration process impossible to negotiate
in the past, so this year more than two dozen teachers granted powers-of-attorney
to EFF and other experts familiar with accounting and union activity so
they could have experienced representation.
Representatives included Ken Eikenberry (former state attorney general),
two certified public accountants, Bob Williams (EFF president and former
CPA), Jami Lund (EFF project manager), and Jeanne Brown (attorney).
A few hours into the hearing, union attorneys informed everyone present,
including a former journalist, that they would have to leave immediately
or sign an agreement stating they and the teachers they represented would
never discuss any information concerning, or in any way related to
the arbitration hearing.
Never is a long time, so we chose to leave, said Bob Williams,
EFFs president. We understand the need for reasonable terms
of confidentiality, but we will not allow ourselves to be gagged in all
matters for all time.
The union later drafted an order that would apply the gag retroactively
to all portions of the hearing.
After going through the process, Sue Hoffman says the unions arbitration
is a sham.
Its an insult to teachers, Hoffman said. WEA officials
like to tell the press and my colleagues that they are open to us, but thats
not true.
TEACHER CONTACTS:
Sue Hoffman, West Seattle High School - (253) 735-9981
Bruce Gallagher, Monroe Middle School - (360) 794-3020 x6244
Lowell Johnson, Rogers High School - (253) 582-0532
Randall Owyang, North Thurston School District - (253) 756-5435
James Palmer, Burlington-Edison School District - (360) 755-2294
Gwen Caggiano, Tacoma School District - (253) 305-6283
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"