Articles By Bob Gorsky U.S. SUPREME COURT HEARS IMPORTANT UNION DUES CASE On January 10, 2007, the United Supreme Court heard oral arguments in what could be a significant free speech case over a labor union’s use of dues for political purposes. In Washington vs. Washington Education Association and Davenport vs. Washington Education Association, the court will decide the constitutionality of a Washington State law which bars unions from spending non-members’ dues “to influence an election or to operate a political committee, unless affirmatively authorized by the individual”. In 1992, voters in Washington State overwhelmingly approved a referendum which requires that union members individually authorize the union to use their dues for politics. The law includes a provision that teachers unwilling to join the union must pay an “agency fee” equal to union dues. In a state where joining the union is not required, the provision ensures that all teachers share the costs associated with collective bargaining. Under a somewhat complicated procedure, an “objector” can obtain a due refund ranging $44 to $76. The Evergreen Freedom Foundation which is assisting the objecting teachers believes that the union’s requirement that non-members affirmatively seek a refund rather than automatically getting one violates the 1992 law. The Washington Education Association defied the law and continued to spend dues on politics without asking for permission. A number of teachers complained against the WEA and the state’s attorney general sued the union. In 2001, a Washington court imposed a nearly $600,000 penalty on the union. The WEA appealed the ruling and in 2006 the Washington State Supreme Court held the law to be a violation of the First Amendment ruling that the permission requirement before spending non-member dues on political activity was “too heavy an administrative burden”. Another lawsuit, a class action, was filed against the WEA to recover misspent dues and that case was consolidated with the state’s case against the union. Both cases were argued before the United States Supreme Court on January 10. The justice writing the Washington Supreme Court decision opinion stated that the free speech rights of both parties were at stake – the union’s interest in taking part in politics versus the individuals who wanted to avoid compulsory participation. Weighing their relative burdens, the court found that it was easy for the “objectors” to get refunds but the cost of the opt-in system unfairly burdened union members and non-union members who do not object to their fees being put to political use. A number of organizations and states have weighed in advising the U.S. Supreme Court of their positions and arguments both pro and con. According to The Wall Street Journal, no state has a law precisely like Washington’s; however, six states have advised the United States Supreme Court that their regulation of labor unions and right to work laws could be in peril if the Washington decision is not reverse. Organized labor has weighed in arguing that the Washington law singles out union’s political speech, since the opt-in procedure is not required for many other expenditures and the law does not target certain other organizations. There is a great deal of anti-union bias in government and business circles and the case has brought out that sentiment. The Dallas Police Association does not use union member dues for political activities and the State of Texas does not have a statute similar to that of Washington State, although Texas is a “right to work” state where union membership is not mandatory. _____________________________________________________ ANOTHER RENISTATEMENT….. A sixth officer fired last June was reinstated on January 16, 2007 with full back pay and benefits after the Administrative Law Judge found that the city had failed to prove its case. John Haring of our office represented the officer. ______________________________________________________________ Bob Gorsky is a partner at the Dallas law firm of Lyon, Gorsky, Haring & Gilbert, L.L.P., 3131 McKinney Avenue, Suite 100, Dallas, Texas 75204; 214/965-0090, website: lyongorsky.com or email Bob at bgorsky@swbell.net.
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