Public workers petition state to end discrimination
OLYMPIA, WA—The Evergreen Freedom Foundation (EFF) filed a petition today with the Public Employment Relations Commission (PERC) on behalf of public employees requesting an administrative rule change that would allow non-union employees to participate in workplace decisions that directly affect their employment. EFF filed the petition after receiving reports of exclusion from many public employees.
Public employees have the option to decline union membership, but are often required by law to pay dues for union workplace representation. Many workers refuse to join a union because of concerns with the union’s political and ideological agenda.
Despite paying for union representation, non-members are discriminated against for not supporting the union’s political activity. Some union officials deny these employees the right to vote on issues that directly affect the terms and conditions of employment, such as ratification of contracts, decisions on work calendars and selection of employee benefits. “Since these are precisely the issues that I am paying my fee for, I should be able to vote on them,” said De Ford Cochran, a teacher at Sequoia Middle School in Kent.
Not only have employees been denied the right to vote on employment issues, but some union officials have even withheld meeting minutes, vote results and relevant publications from non-union employees.
“Local unions are obligated to provide fair representation to all employees in the bargaining unit,” said Jami Lund, EFF’s Paycheck Protection Manager. “Non-union employees pay for representation, but union officials penalize them and often deny them a voice in important decisions.”
The proposed rule change would allow non-union employees to participate in employee decisions when issues are brought before them for discussion or ratification. “Non-union employees simply want the right to participate equally with other members of the bargaining unit,” said Lund.
Additional Information
Pursuant to RCW 41.58.005, the Public Employment Relations Commission was established to provide for “uniform and impartial” employer-employee relations, to investigate reports of unfair labor practices, and to oversee the selection of exclusive bargaining representatives. The Commission is authorized to adopt, amend or rescind reasonable rules and regulations that assist in the administration of public employment labor relations law in Washington state. Upon receiving a petition for a rule adoption or amendment, the Commission must respond within sixty days.
The Evergreen Freedom Foundation filed the petition for a rule amendment jointly with four public employees: De Ford Cochran, Kent; Diane Jacques, Mill Creek; Jim Loucks, Spokane; Karen E. Smeed, Walla Walla.
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]?"