New court ruling impacts teachers The Washington State Supreme Court
recently upheld our state's historic paycheck protection law by ruling that teachers'
paychecks must be guarded from unauthorized political withholding. Your
"employer" - school districts - must not withhold money from your paycheck for
political purposes unless you have given written, annual permission. Unfortunately, this ruling puts school
districts in the position of playing campaign finance cop. Districts are initially forced
to deduct from employees' paychecks the amount invoiced by WEA for general dues. The
problem is, the WEA recently received the largest campaign finance violation in state
history in part because it instructed the school district to deduct certain funds without
employee authorizations. If you are aware that the WEA is using your payroll deduction for political purposes without your permission, you may wish to give your district the "notice" suggested by the Court. For advice and documentation check this page. Are you implying that
teachers should not be involved in politics? What if I want to give money to my
union for political activities? Doesn't the voluntary political action
committee, WEA-PAC, fund all WEA campaign activity? Does the WEA use general dues for
politics? Why do they do this? With all these problems, should the
teachers' union be allowed to participate in politics? Would the union be harmed if it was
required to use only voluntary funds for campaigns? Know your workplace rights & options A 1986 Supreme Court ruling, referred to as the Hudson decision, grants you rights that supercede union bylaws and collective bargaining contracts. First, membership in your union is
optional. Second, you may resign your union
membership. Third, you may stop paying for union
non-representation activities. Fourth, you are entitled to a complete
explanation of all union fees charged to you. Fifth, you may challenge your union's
calculations of "chargeable" fee assessments. Sixth, if the union's activities and
expenditures offend your religious beliefs, you may become a religious objector (Title VII
Civil Rights Act). The standards for religious and genuine have not been established, but if the local union rejects a teacher's petition, the teacher may appeal to the Public Employment Relations Commission (PERC). PERC usually sides with the employee. "For example," says O'Toole, "PERC has [even] granted religious objections to people whose religious beliefs prohibited lying, where the objector testified that the leadership of the local association had lied." If I decide the union's politics do not
represent my views, how can I stop footing the bill? If I do not agree with the
calculations...? Will I be at a disadvantage if I
resign? How often do I need to follow this
procedure? How to opt out of the union and become an agency fee payer Inform the union Write a letter to your local president (also send a copy to the WEA and the school district) stating that you will no longer be a member (see sample). Describe your objection Agency fee payers object to union membership for political or ideological reasons. They pay their share for union-provided collective bargaining, contract management and grievance processing. Agency fee payers receive an automatic rebate of $100-$200 that otherwise would be used for politics, marketing or contributions to other causes if they remember to request it from the WEA headquarters in writing at the beginning of each school year. A sample letter might include: "I resign my union membership effective immediately and revoke authorization for any payroll deduction of membership dues. Instead I authorize only the deduction of those fees legally chargeable to objecting nonmembers under the Constitution. "I object to the use of my dues for any purpose other than those directly related to collective bargaining, contract administration and grievance processing. "I would like a full accounting of the basis for charging the agency fee." Follow up To receive the $100-$200 rebate each year, agency fee payers request a refund of the "non-chargeable" portion of the fee usually in September of each year. How to opt out of the union as a religious objector Inform the union Write a letter to your local president, (also send a copy to the WEA and the school district) stating that you will no longer be a member (see sample). Describe your objection Religious objectors are individuals of faith who do not want to belong to the union for reasons of conscience. For example, some object to union contributions to pro-choice or homosexual causes. Religious objectors pay no dues to the union, but have an amount equal to their dues contributed to a nonreligious charity. A sample letter might include: "I resign my union membership effective immediately because of my religious faith. "My religious beliefs prevent me from belonging to this union because... [At this point describe your genuine, religious beliefs. If you only just became aware of the right to opt out for religious reasons, that could be included to explain the timing of your decision]. "I revoke authorization for any payroll deduction of membership dues, and instead authorize only withholding of amounts equal to my union dues for the following charitable, nonreligious organization(s):" Follow up Confirm that the selected charities are getting the dues amount. What workplace options do Washington state teachers have? Unlike many states, Washington's teacher union has little or no competition and state law makes it difficult for other unions or professional associations to earn the right to represent you. This means collective bargaining dues are high _ an average of $650 each year. Compare this to other states where several unions compete to provide comparable services for teachers, but at half to two-thirds the cost of the WEA. Additionally, numerous states offer professional associations for teachers. An example is Texas where, for $90 annually, teachers can belong to the Texas Classroom Teachers Association. This association lobbies on behalf of teachers for pay, class size reductions, health benefits, etc.; provides excellent liability insurance; staffs seven attorneys and a CPA for teachers' use; offers professional development training; advances affinity programs, and issues regular communications to teachers. Because our state offers few choices for teachers, other options must be considered. "The Trust for Insuring
Educators (TIE) was established in 1973, specifically for educator groups From an explanation of the
Association of American Educators' ability to offer a
Several options are available to employees in Washington state, but each requires employees to "decertify" their current union. Employees wishing to change or decertify their union must file a petition with the Public Employees Relations Commission (PERC). If thirty percent of the bargaining unit members sign the petition, PERC will administer a secret-ballot election to determine the will of the majority. The identity of those who sign the petition as well as those who vote against the union are kept in confidence by PERC. Regulations govern when a vote to change or remove the union may be held. PERC staff can assist with understanding these regulations. "Local only" unions are local employee groups who form their own unions, but do not affiliate with the NEA or WEA. Because they are not sending dues to these other affiliates (as required under the current WEA unified dues structure), "local only" unions are able to provide identical services, including legal and liability protections, to members at much lower dues rates. Employees interested in organizing a vote to change or remove their workplace union should retain an employment lawyer through the referral service of the Washington State Bar Association. Additional information is available from the Public Employment Relations Commission. Does your contract hinder or enhance your rights? Negotiating the contract with your employer is the central role of your local union, but the contract can work against your interests. Since the local should be representing your interests during negotiations, you are entitled to give input on provisions of your contract. Eliminate "agency fee"
provisions. Require notice to employees of their
rights. Ask union officials to certify that
general dues will not be diverted to campaigns. Add prohibitions on political
activities on school grounds. For most hardworking teachers, union business and politics are very low priorities. However, if the union is to be accountable to the wishes and rights of members, teachers must speak out. A number of suggested actions are included in this publication. Some may be appropriate for you, but in addition consider these steps: - Educate your local union official about your
concerns. If we can assist you, please write, e-mail or call. Your communication with us will be kept confidential. Evergreen Freedom Foundation To receive e-mail updates on the use of dues for elections, send a message to info@effwa.org
Public Employees Relations Commission Association of American Educators Texas Classroom Teachers Association (professional
teachers association) Coalition of Independent Education Associations National Right to Work Foundation
Public Disclosure Commission
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