TOP STORY: EFF Wins Suit Against Teacher Unions
In a win for teachers and the free market, last week the United States Supreme Court announced it had overturned the Washington Supreme Court’s ruling in Washington v. Washington Education Association and Davenport v. Washington Education Association (WEA). The cases are the culmination of a decade’s worth of work by concerned teachers and the Evergreen Freedom Foundation (EFF), fighting mandatory union dues that are used for political purposes. The Court's ruling could potentially affect millions of union-represented workers nationwide.
As reported by SCOTUS Blog: "In the final of three decisions on the merits Thursday, the Court ruled that it is not a violation of the First Amendment for a state to bar a labor union representing government employees from using non-union workers' dues for political causes if those workers have not explicitly consented. The result was approved unanimously, but there were three partial concurring votes. The decision, written by Justice Antonin Scalia, was issued in a pair of consolidated cases, Davenport v. Washington Education Association (05-1589) and Washington v. Washington Education Association (05-1657)."
"We are elated that the U.S. Supreme Court has honored the First Amendment rights of teachers by overturning the state Supreme Court’s decision," said Bob Williams , president of the Evergreen Freedom Foundation. “The Court understood that the constitutional rights of teachers should be protected and are not superseded by the union’s statutory rights. This ruling will help protect non-member teachers from having their agency fees used on union politics against their will."
At issue in the case is a state statute that required labor organizations to get permission from nonmember workers before using mandatory dues for political purposes. “Nonmembers" are workers who have resigned from the union but are forced to pay collective bargaining fees as a condition of employment.
The WEA admitted to multiple violations during a state investigation and was fined over $590,000 by a Thurston County court. The WEA later claimed in court that had no 'fiduciary responsibility' to its members and that the law unconstitutionally ‘burdened’ its free speech rights. The Washington Supreme Court agreed.
For the most up-to-date information, photos, video, key documents related to the cases, and a weblog on the case, please visit www.teachers-vs-union.org.
