Contact: Marsha Richards, Communications Director
(360) 956-3482
NEA doesnt show up in
court; union fined $800,000 for intentional violations of state
law
OLYMPIA, WA - A Thurston County Superior Court judge today
fined the National Education Association (NEA) $800,000 plus legal fees
for intentional violations of a Washington state law that prohibits
the unauthorized use of agency fees* for political activity. The court also
issued a permanent injunction barring the union from collecting agency fees
from thousands of Washington state teachers.
The default judgment comes after the NEA missed a court deadline last week
to respond to a lawsuit brought by the Evergreen Freedom Foundation (EFF),
an Olympia-based policy research organization. EFF filed the lawsuit after
staff of Washingtons Public Disclosure Commission (PDC) found the
union guilty of violating state law, but expressed reluctance to prosecute.
Although the NEA testified before both the Washington PDC and the United
States Congress regarding the lawsuit, union attorneys failed to file a
timely response or notify the court of a planned appearance.
We are astounded that the NEA missed or ignored this deadline,
said Bob Williams, EFFs president. Apparently NEA officials
think complying with state laws isnt a high enough priority to merit
close attention, but we expect this judgment to remind them that we value
teachers rights here in Washington.
EFF believes the NEA will make an excuse for missing the deadline and ask
the court to vacate the judgment in the next few weeks.
Blue Cross and all school districts in Washington state have been notified
that they must stop collecting the unions agency fees from thousands
of Washington teachers.
The NEAs state affiliate, the Washington Education Association, was
penalized more than $770,000 last year for breaking the same state law.
The NEAs fine bumps two earlier WEA fines to become the largest in
Washington state history.
* Teachers who give up their union membership, often for political and
ideological reasons, become agency fee payers. Washington state
law strictly prohibits the use of any agency fees for political activity
without first obtaining permission from each individual fee-payer.
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]?"