Contents:
Agency Fee Payers
Religious Objectors
Cost of opting out
Rebate amount

Paycheck Protection in Washington State
About us
Resource

BACKGROUND ON OPTING OUT OF YOUR UNION

Two ways of opting out of the WEA/NEA: As an "agency fee payer" or as a "religious objector"

Many teachers express support for their local union but desire to opt out of the state and national unions. However, the union imposes a unified dues structure which does not typically permit supporting the local union without also funding the WEA and NEA.

Agency Fee Payers:

If you want to get money back because you have political or ideological objections to WEA/NEA's agenda, you can become an agency fee payer. Agency fee payers give the union 100% of regular dues, but are eligible to claim a rebate of roughly 30% each year if they remember to request it in writing each fall.

To get a rebate, send a request letter by each year's deadline to the WEA. A sample letter has been prepared by National Right to Work Foundation attorneys:

Rebate letter MS Word version

Your letter stating you wish to opt out and that you "object to WEA's use of your agency fee for non-chargeable activities" (legalese for "I want a rebate") should include:

      -   Your name, home address, school and home telephone number
      -   The type of position in which you are employed (i.e. community college faculty, 
           K-12 teacher, classified, etc.)
      -   Whether you are employed part time, full time or as a substitute.
      -   The name of the school district by which you are employed and the name of the
           WEA affiliate that is the collective bargaining representative.
      -    Your desire to object to WEA's use of dues for non-chargeable activities and your
           expectation of a rebate and an explanation of how the rebate is calculated.

      -    Your local union association (your school district payroll office can provide the
           address)
      -    Copy to WEA headquarters:

                    Armand Tiberio, Executive Director
                    Washington Education Association
                    33434 - 8th Ave S
                    Federal Way, WA 98003

        -   Copy to your school district payroll office

(2000-2001 update)

More information about getting a rebate on funds for union politicking:
http://www.effwa.org/tppreport/teacherbrochure/teacherbrochure.htm
http://www.nrtw.org/a/a_3_t.htm
http://www.nrtw.org/leer.htm

WEA Attorney's explanation of opting out:

Kathy O'Toole, WEA Special Council, Feb. 1999

"The law currently is that in the public and in the private sector, that you cannot require anyone to be a member of a labor organization. You can require them to pay the core amount of dues to that labor organization.

". . . the person wishing to be a nonmember, who is in a bargaining unit that is represented by an affiliate of the WEA, has to simply say, "I don't want to join the association." Or, if they have previously joined the association, they simply have to say, "I resign - I resign my membership." Now, we ask that people put that in writing so we have a record. And we ask that that writing come to WEA headquarters, to be shared with legal services, . . . and . . . the membership department, because they have to keep track of who - you know, how much money is deducted from whom, where, and why. So that's the system. But all the person really has to do is say, 'I don't want to do this.'

". . . one can resign from the union at any time; and if the union has an agency fee clause, that means you can become an agency fee payer at any time.

". . . agency fee payers have three options:

"One is [to pay] a hundred percent of dues less political education [$12 per year for COP]. . ."

"If we at the WEA . . . headquarters don't get a piece of paper telling us that person is going from paying a hundred percent of dues to becoming an objector, or a challenger, by November 30th of any year...then that person...will pay a hundred percent of dues through the end of that dues arrangement, which I believe is typically through August 31.

"Two, they can object and accept our percent. . .

"Agency fee payers have a right to object to paying a hundred percent of dues. If they object to paying a hundred percent of dues but they accept the union's calculation of the amounts lawfully chargeable to agency fee payers, we call them objectors.

"For the fee payers that do not elect to pay a hundred percent of dues, we do a calculation that divides the dues . . . into chargeable and nonchargeable amounts . . . we send the amount [between $100-$200] that is not chargeable in that particular year to the objectors who accept our calculations.

". . . they got to object every year. There is a November 30th deadline [safer to assume Aug. 31]. If we don't hear, in a particular year, that they want to challenge or object by November 30th, then they're not going to get the reduction in that year.

"Three, they can challenge, and demand that an impartial person determine the amount that they must pay for that school year.

". . . subsequently, an arbitrator or, in some years, [a litigation] settlement will determine the amount that we send to those who challenge and demand an impartial proceeding.

"To be an agency fee payer, the person has to be employed in a bargaining unit in which there is an agency fee clause in the contract . . . So if a person becomes a nonmember in a local association where there is no agency fee clause . . . that person does not become an agency fee payer; they do not send any funds to the association.  . . . we have about 250 local associations with agency fee clauses.

"What a religious objector is: they pay a hundred percent of dues; they do not pay it to the union. They pay it to a charity . . .that has been negotiated between the religious objector and the local association. Or if they can't come to agreement, by the Public Employees Relations Commission [PERC]."

The cost of opting out

The "cost" of opting out differs from district to district. It is true that WEA will withhold its legal liability insurance.
http://www.wa.nea.org/MMB_BNF/AGCY_FEE.HTM

Your school district should be providing some form of protection for its employees. You should check with the district to see if their coverage satisfies your concerns.

It is possible to buy legal liability insurance on your own. It is also possible to get the insurance as part of a membership in:

"Northwest Profesional Educators" http://www.nwpe.org (1-800-380-6973) or 

the "Christian Educators Association" http://www.ceai.org/

Click here to find out how much legal liability insurance really costs the union

Typically, your Agency Fee payer rebate will be larger than the cost of membership in these organizations.

Some locals withhold voting rights from agency fee payers, others allow everyone who pays for union functions to vote on union business. Local presidents should be asked to consult the bylaws before automatically preventing agency fee payers from voting.

THE AMOUNT OF THE REBATE FOR AGENCY FEE PAYERS