I Choose Charity

Reclaiming control of political &
ideological union payroll deductions

Contents:
The Law
Bona Fide Religious Belief

The Cost

Other Resources

Paycheck Protection in Washington State
About us



Read our new booklet for important information about the WEA and your choices

Focus on the Family Story

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.

The Law

A religious objector is an individual of faith who does not want to belong to the union for reasons of conscience.  Under the provisions of state law and similar federal provisions in Title VII of the Federal Civil Rights Act, if the union’s activities violate your sincere religious beliefs, you may choose to have the equivalent of your union dues sent to a charity rather than the union. 

RCW 41.59.100 provides that:

A collective bargaining agreement may include union security provisions including an agency shop, but not a union or closed shop.  If an agency shop provision is agreed to, the employer shall enforce it by deducting from the salary payments to members of the bargaining unit the dues required of membership in the bargaining representative, or, for nonmembers thereof, a fee equivalent to such dues.  All union security provisions must safeguard the right of nonassociation of employees based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member.  Such employee shall pay an amount of money equivalent to regular dues and fees to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the bargaining representative to which such employee would otherwise pay the dues and fees.  The employee shall furnish written proof that such payment has been made.  If the employee and the bargaining representative do not reach agreement on such matter, the commission shall designate the charitable organization

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Bona Fide Religious Belief

If you have a religious objection to the Washington Education Association (WEA) and/or National Education Association (NEA) agendas, you can choose to have your dues or fees sent to a charity rather than the unions.  If, however, your objection is not motivated by your religious faith but by some ideological or other philosophical conviction, you may opt out of the union as an “Agency Fee Payer” and receive a refund of those dues paid for non-chargeable purposes (usually anything not directly related to collective bargaining, contract administration and grievance processing).  More information on this option is available at www.myrefund.org.

Past union members have found that union activities in some of the following areas violated their religious beliefs:

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The Process

To become a religious objector, you must write a letter stating that for religious reasons, you object to paying union dues.  This letter should state that you no longer wish to be a member of the union and should clearly explain the religious basis of your objection.  Include in your letter the charity(ies) you prefer your dues money be sent to.  As a general rule, courts do not permit religious objectors’ chosen charities to be religious or labor organizations.

See Sample Religious Objector letter

Your religious objector letter should be sent to the president of your local education association.  It might also be helpful to mail a copy to the Washington Education Association headquarters and your school district payroll office.

It is your local president’s decision whether to grant the objection.  However, General Counsel for the WEA has written to local education association presidents, “I recommend to all local presidents in all cases that they grant religious objections.”  (See  WEA memo on religious objectors.) 

If the local education association president denies recognition of your religious objection, the decision may be appealed to and overruled by the Public Employment Relations Commission (PERC).

After allowing a sufficient amount of time for your request to be processed, confirm with your selected charities that they are actually receiving a donation in the collective dues amount. 

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The Cost

The WEA will withhold its legal liability insurance coverage from religious objectors.  See WEA’s message to members considering non-membership. 

However, all school districts should be providing employees with some form of legal liability protection.  It is also possible to buy legal liability insurance on your own.  Some educators obtain this insurance as part of their membership in the Association of American Educators or Christian Educators Association. 

As a side note, the union only pays about $4 per year from a member’s dues for  his or her professional liability insurance policy.

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Other Resources

If you have additional questions you are welcome to contact us:

Evergreen Freedom Foundation
P.O. Box 552
Olympia, WA  98507
(360) 956-3482
1-866-200-2071

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