NEWS ADVISORY

WA Supreme Court heard appeal on forced political participation and teachers' rights

OLYMPIA – On Thursday, May 27, the Washington Supreme Court heard oral arguments in an appeal of the 2003 Court of Appeals ruling declaring the state law prohibiting unauthorized use of non-member union fees for politics as unconstitutional.

The decision negated part of campaign finance Initiative 134, which was approved by 72 percent of Washington's voters in 1992.

The Washington Education Association (WEA) was sued by the state Attorney General (AG) and found guilty in July 2001 of willfully violating RCW 42.17.760, which prohibits the union from using fees taken from non-member teachers to advance political causes without permission from those teachers. The WEA was ordered to pay $570,000 in fines and penalties and return nearly $200,000 to teachers.

Since the state was unable to request refunds for the 5,000 to 8,000 eligible teachers, the Evergreen Freedom Foundation (EFF) and the National Right to Work Foundation pursued a refund for them in a separate class action lawsuit.

The WEA appealed rulings in both cases. Attorneys for the WEA argued that money taken from teachers' paychecks belongs to the union and any attempts to limit their unauthorized use of teachers' money is an abridgement of the union's free speech rights.

By contrast, the Attorney General's office focused on the free speech rights of teachers, arguing that the union's practice of spending teachers' money on politics without their consent amounts to "forced political speech."

In a 2-1 ruling June 24, 2003, Washington's Court of Appeals ruled that the law violated the First Amendment of the U.S. Constitution, saying the First Amendment free speech rights of union official supercedes the First Amendment free speech rights of teachers.

Bob Williams, president of the Evergreen Freedom Foundation, called the Court of Appeals ruling, "a stunning blow to teachers and other union workers."

"The WEA actually argued in court that it has ‘no fiduciary duty' to its members. This is an outrageous claim that we hope all teachers will take note of," Williams said.

The Evergreen Freedom Foundation, a long-time advocate of free speech and fair elections, filed the original complaint against the WEA that sparked the Attorney General's case.

The consolidated case:
Supreme Court No. 74268-5 - State Ex Rel Public Disclosure Comm. v. Washington Education Assoc.
Court of Appeals No. 28264-0-II

Supreme Court No. 74316-9 - Gary Davenport, et al., v. Washington State Education Association
Court of Appeals No. 28375-1-II

Oral arguments heard:
May 27th, 8:45-9:45 am

RCW 42.17.760 - Agency shop fees as contributions.
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.

Contact: Booker Stallworth | Communications Director | 360.956.3482

Evergreen Freedom Foundation P.O. Box 552, Olympia, WA 98507 Phone: (360) 956-3482, Fax: (360) 352-1874 Email: effwa@effwa.org