FOR YOUR INFORMATION...

If you are a union employee in Washington State, the Supreme Court has made it possible for you to have your employer protect you from unauthorized union deductions that are used for political campaigns. As suggested by the Supreme Court in the box above, you need to give "notice" to your employer with evidence that the union is using your payroll deduction for political purposes. According to the court, your employer has an obligation to investigate and may face fines of up to $10,000 for not protecting you.

The majority opinion states that "general membership dues of a labor organization may be used as a source of political contributions." However, "[w]hen an employer has notice that the funds deducted are for the use of a political committee or candidate, the employer may not then make that deduction without specific annual authorization."

Justice Alexander, in his concurring opinion, stated that when a district has been informed by an employee that "withheld money is being used for the benefit of political candidates or committees" then "the district has actual notice, or that, at the very least it must assume a burden to make further inquiries." Thus, Justice Alexander's opinion coupled with the majority opinion make it clear that each school district has an affirmative duty to protect employees from the unauthorized use of their (employees) wages or salaries for political contributions. Justice Alexander states the obvious when he proclaims that to conclude otherwise, "would be rendering the statute, which was passed by the people, a nullity, and would be placing too great a premium on the district's right to turn a blind eye to information it receives form an employee who claims he or she is affected by the deduction."

Similarly, Justice Madsen states that the notice standard adopted by the court brings an affirmative duty for the school districts to obtain authorization forms prior to deducting wages for collective bargaining dues. She stated, "The majority says that when the employer has notice that the deducted funds are for the use of a political committee or candidate, the employer must have the employee's written annual consent."

Justice Sanders in his written opinion states the obvious that WEA has, is and will continue to use members' dues for political purposes.

"First, these employers do not even deny knowledge about the ultimate political destination of these funds.
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Second, the WEA makes no bones about its continued and historical involvement in political campaigns.
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Now, if not then, (1996 election cycle) it is patently obvious to anyone of educable age that the WEA will continue to use dues money for political purposes in the future just as it has in the past. Therefore future unauthorized deductions from employee salaries for political use cannot be justified under the pretense that the employer did not know what was going on, at least short of some overt change in WEA policy."

Justice Sanders' opinion reinforces the majority's opinion that the employer has an affirmative duty to protect its employees. Further, we agree with Justice Sanders that it is now public knowledge that WEA uses dues for political contributions.

The supreme court has placed the duty of protecting your wages and salaries upon your employers, the school districts, even though the WEA is benefiting from the unauthorized use of your dues. If you are concerned about the unauthorized use of your dues and want to do something about it -- send a notice to your school district. State your concerns, documentation showing WEA is using general dues for political contributions, and ask your district to protect your wage deductions/dues from further unauthorized use for political contributions.

EFF has compiled several documents that illustrate WEA's use of general dues monies for political contributions as well as WEA statements declaring its decision to continue doing so.