Employee Lawsuit Pushes Teacher Union Bosses to Refund Dues, Allow Educators to Resign

Despite a partial victory, Right to Work Foundation presses forward with
lawsuit to ensure all public educators’ rights are protected

Louisville, KY (November 18, 2009) – Facing an embarrassing legal setback from rank-and-file teachers, Jefferson County Teacher Association (JCTA union officials announced their intention to refund several educators’ forced dues and allow public school employees to resign from union membership during a new window period and terminate certain forced dues payments.

This announcement comes on the heels of a class-action lawsuit filed by Jefferson County educators with free legal assistance from the National Right to Work Foundation. The lawsuit, filed against the JCTA union and its national affiliate, the National Education Association (NEA) union, in U.S. District Court, seeks the return of illegally seized dues, a modification of the union’s contract to allow employees to resign from union membership at any time, and a regular notice from the union brass informing public school employees of their right to refrain from formal union membership . . .

(Read more here)

Experts from the National Right to Work Foundation and Right to Work Committee took to the airwaves and opinion pages across America to remind us what Labor Day is really about —  the individual worker.

Mark Mix, president of National Right to Work, reminded Americans that "It's 'Labor' Day, Not 'Union' Day" in his nationally published op-ed which appeared in over 20 newspapers across the country.  In his article, Mix offers a stouthearted rebuke to the usual union boss propaganda which has become commonplace on Labor Day:

This Labor Day, big labor bosses will dish out their usual Labor Day propaganda about how awful our lives would supposedly be without them.  The reality is that millions of workers and indeed our economy are continuing to suffer greatly under the scourge of compulsory unionism.

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Labor Day should be about honoring the hardworking Americans who make our country’s economy prosper — not union bosses who rely on forced unionism privileges for personal and political gain.

Mark Mix also took to the airwaves, appearing on The Dom Giordano Show, The Martha Zoller Show, and the national CBS radio network.  He also appeared on WFTL Morning News the morning after Labor Day.  Meanwhile, Mix's Labor Day statement was aired on at least 10 radio stations in Right-to-Work states and forced-unionism states alike. 

Mix was also published in the Detroit News discussing how union boss monopoly bargaining is bankrupting Detroit’s public schools -- pointing out the reality that "[t]he Detroit school district would be much better off if state legislators and [Michigan] Gov. Jennifer Granholm repealed or dramatically rolled back state policies promoting union monopoly bargaining in public schools."

Mix also was published on National Review Online exposing the stunning resemblance forced unionism has to the launching of President Barack Obama's political career:

Why is Obama so comfortable with this coercive approach to workplace organizing? Perhaps because his political career was launched under similar circumstances. Few remember it now, but Obama’s electoral debut came in 1996, when he won a seat in the Illinois state legislature. “Won” is a bit of a misnomer, however, as candidate Obama ruthlessly eliminated his opponents by disqualifying signatures collected for ballot eligibility.

As former National Review political reporter David Freddoso detailed in his 2008 book on Obama, voters’ signatures were thrown out for a variety of spurious reasons, including one woman’s failure to list her married name instead of her maiden name. Other voters were struck from the lists for printing instead of signing their names on the eligibility petitions. Obama not only had his main opponent disqualified, he also succeeded in forcing a protest candidate off the ballot. Obama has personally admitted he felt “uncomfortable” with this hardball political tactic, but success has evidently allayed any guilt. After his opponents were disqualified, Obama won a seat in the state legislature by default.

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In 1996, Obama’s team of political operatives succeeded in bypassing an entire election. President Obama now seeks to end elections in every workplace in the country. He has already issued a series of executive orders designed to pressure government contractors to submit to compulsory unionism. Next up on the administration’s checklist: rolling back basic union financial-disclosure guidelines. Forced unionism via card check may not be far behind.

Under card check, employees would have only one choice: submit to unionization and forced union dues. As some Chicago voters discovered in 1996, having only one choice is not a real choice at all.

The National Right to Work Committee also capitalized on the Labor Day holiday to spread the message of individual liberty.  Committee Vice President Doug Stafford appeared on the Lars Larson Show on the lead up to Labor Day.  Stafford also sat down with the Pittsburgh Tribune-Review to talk of the dangers of card check forced unionism and Big Labor's political muscle.

The effort for workplace freedom continues.  National Right to Work will continue to expose the evils of compulsory unionism as we work toward a day in which no American if forced to be a member of, or pay tribute to, an unwanted union.

Some actions defy explanation (emphasis mine):

Several parents and members of the Leominster School Committee said Monday they are upset that the teachers' union voted recently to reject a large grant that seeks to increase the number of students in Advanced Placement courses.

"I think it's a vote against children," School Committee vice chairwoman Donna DiNinno said. "This would have been such a boost for students in our AP and honors program. I am very disappointed."

School Committee member Christopher Orareo said he does not understand how the union could turn down a grant that would have provided the district with $856,000 during a five-year period, when the community is fighting for every penny it can get into the classrooms.

"I'm just astounded this vote has taken place," Orareo said. "Students are the biggest losers in this whole thing. I think it was a selfish vote on the part of the union."

Why were local union bosses so eager to axe a generous grant program that promised more teacher training, more advanced placement courses, and merit pay for high-performing educators?

This latest instance of teacher union obstructionism illustrates one of the many problems with monopoly bargaining. No organization should be able to veto a school's attempt to secure additional funding, just as no organization should be in a position to prevent talented teachers from aspiring to better pay and more challenging coursework. Why should the union activists dictate public schools' educational policies and give short shrift to individual teachers who deserve to be rewarded for their merit? 

In a troubling, but not unprecedented example of the abuses that come with radical teacher unions, the Associated Press reports that 700 public school teachers in New York City are enjoying full salaries of $70,000 to not teach:

Hundreds of New York City public school teachers accused of offenses ranging from insubordination to sexual misconduct are being paid their full salaries to sit around all day playing Scrabble, surfing the Internet or just staring at the wall, if that's what they want to do.

Because their union contract makes it extremely difficult to fire them, the teachers have been banished by the school system to its "rubber rooms" — off-campus office space where they wait months, even years, for their disciplinary hearings.

The 700 or so teachers can practice yoga, work on their novels, paint portraits of their colleagues — pretty much anything but school work. They have summer vacation just like their classroom colleagues and enjoy weekends and holidays through the school year.

With the economy continuing to struggle and local and state governments facing budget shortfalls, the "rubber room" program's hefty $65 million per year bill to the taxpayers raises serious questions --  even putting aside the institutional problems of a compulsory unionism system that prevents individual teachers from discussing terms of employment with principals and school boards.

Let me see if I understand teacher union bosses' priorities correctly.  Teachers exercising their right to refrain from union membership?  A fireable offense.  Sexual misconduct?  $70,000 a year and a free place to hang out and play board games. Shameless.

The Detroit Free Press reports that the Detroit Federation of Teachers union is threatening to have up to 70 teachers fired for not paying forced union dues.  A school district error is mainly responsible for the mix up. 

Yet, because of the clerical error, union official Mark O'Keefe stated that the "fair" thing to do would be to fire the teachers who fail to pay the full union dues.

No, Mark.  The "fair" thing to do is to not require teachers to pay ANY union dues as a condition of teaching Detroit's schoolchildren.

Washington State Appeals Court Upholds Teachers’ Right to Restitution for Dues Illegally Spent By WEA Union Officials

After securing U.S. Supreme Court victory, National Right to Work attorneys pick up the pieces of an otherwise impotent campaign finance regulation

Seattle, WA (December 17, 2008) — A recent decision by a Washington State Court of Appeals, Division 2, has ruled union officials can be held liable for illegally spending teachers’ forced union dues under a now-effectively defunct campaign finance regulation.

The ruling means that thousands of Washington State teachers may receive restitution for the amount Washington Education Association (WEA) union officials illegally docked their paychecks to pay for union political expenditures. The ineffective campaign finance law at issue had been adopted in 1992 and has since been voided by the Washington State Legislature.

The teachers are receiving free legal aid from National Right to Work Foundation staff attorneys. In 2007, Foundation attorneys successfully brought the Davenport v. WEA case to the U.S. Supreme Court, which overturned an earlier Washington State Supreme Court decision using the campaign finance law to undermine the First Amendment. The state appeals court ruled Friday on a number of issues, including upholding the teachers’ tort claim for restitution and approving the certification of thousands of employees as a class.

Before it was gutted by amendment in 2007, the Washington law had required union officials to obtain the prior consent of nonunion public employees before spending their mandatory union dues on a small fraction of what the union actually spends on politics. According to an amicus brief filed by the Evergreen Freedom Foundation, the amount of political expenditures actually covered by the law was “miniscule… less than one quarter of one percent of the WEA’s total expenditures.” However, in striking down the law, the state Supreme Court had erroneously found a constitutional “right” for union officials to spend the money of non-union employees who are compelled to pay union dues as a condition of employment.

(Continue reading this news release...)

With free legal aid from National Right to Work Foundation staff attorneys, a fourth grade teacher from Ohio has filed a federal suit against Ohio's largest teacher union for religious discrimination:

Columbus, OH (December 4, 2008) – A fourth grade teacher from the Coldwater Exempted Village School District has filed a federal suit against the state’s largest teacher union for forcing her to pay compulsory union fees to fund the union whose activities violate her religious faith.

National Right to Work Legal Defense Foundation attorneys, providing the teacher with free legal aid, filed the suit this week in the United States District Court for the Southern District of Ohio, Eastern Division.

Kathy Hart, an active member of the Catholic Church, has been a teacher in the Ohio public school system since August 1996. Because the public school she works in is unionized, she works under a collective bargaining agreement which forces her to pay compulsory union fees to the National Education Association (NEA) union and its state and local affiliates - the Ohio Education Association (OEA) union and the Coldwater Teachers Organization (CTO) union. Due to her faith, Hart objects to the unions’ positions on abortion and special rights for homosexuals.

Hart had asked that the union divert her compulsory fees to a charity, thereby accommodating her religious objections to supporting financially unions she believes to be involved in immoral activities.

Read the rest of the Foundation's press release here.

On Monday, the Pittsburgh Tribune-Review published an editorial criticizing the special privileges Pennsylvania law gives to teacher unions:

The Pennsylvania State Education Association causes untold damage to kids, taxpayers and the commonwealth. Few Pennsylvanians know how costly is this teacher union. But the public has the power to tame the beast.

With more than 185,500 members, 281 full-time employees and an annual income above $84 million, the PSEA is one of the state's wealthiest, largest and most politically active labor unions, reports The Commonwealth Foundation, a public-policy, free-market think tank in Harrisburg.

The PSEA has had cancerlike growth because of its ability to organize employees into collective bargaining units, influence legislation through its puppets that the union's political action committee helped to elect, and push for endless amounts of public financing for public schools, which usually ends up in union members' pockets.

Yesterday, the PSEA lied in response:

Contrary to the editorial, Pennsylvania is not a "compulsory" union state. Act 84, the Fair Share Fee law, preserves the right of all teachers and school employees to join or not to join a union.

But unions are legally required to represent each member of their bargaining units (including nonmembers) fairly and without discrimination. So it is reasonable for unions to charge nonmembers a fee for the costs of negotiating a collective bargaining agreement, as well as enforcing their collective bargaining agreements through processing grievances.

There is no question that Pennsylvania is a compulsory unionism state.  That's an outright lie from the PSEA.  Further, this is a common refrain from union bosses, who refuse to mention that the only reason they must "represent" nonmembers because they seek monopoly bargaining over all employees, not just members.

The truth is that excellent teachers, who would often rather represent themselves in negotiations with school district officials, have no choice but to accept a union's so-called "representation." That usually means good teachers are forced to accept lower compensation than they could get if they negotiated on their own behalf.

For more on teacher union abuses in Pennsylvania and other compulsory unionism states, check out this op-ed in the Tribune-Review by Mark Mix, President of the National Right to Work Foundation.

For more on the issue of compulsory unionism and education, see this video and listen to this podcast.

Recently, Foundation attorneys notified employees represented by the Machinists union (IAM) and Washington Education Association union (WEA) nonmembers of their opportunity to reclaim a portion of their forced union dues from supporting the union officials' politics as determined by law and Foundation-won court precedent.

Employees Represented by IAM

In the National Right to Work Foundation's "Special Legal Notice to Employees Represented by the Machinists union", it states that:

If you are a nonmember of the IAM paying dues to keep your job, you are entitled to claim a reduction in your 2009 IAM dues of approximately 25%. For 2009, the IAM admits that 30.54% of International union dues, 16.77% of district lodge dues and 20.61% of local lodge dues are spent on political, ideological and other non-representational activities for which no employee can be required to pay. According to the "Notice" published in the Fall 2008 issue of the "IAM Journal," you can claim this reduction by sending a letter postmarked during the month of November 2008.

With November ending in less than a week and a half, now is the time to act if you have not already done so to get your 25% reduction in your 2009 IAM dues. For more information and specific instructions on how to claim your rebate, read the Foundation's "Special Legal Notice to Employees Represented by the Machinists union (IAM)".

Nonmembers of the NEA/WEA/UniServ Council/local association (Washington teachers)

In the Foundation's "Special Legal Notice to Washington Teachers" it states that:

As a nonmember of the NEA/WEA/UniServ Council/local association, you should have received your 2008/09 "Hudson" package from the WEA. Please use this suggested letter that you can fill out and mail to get your 2008/09 rebate check of around $200. You must individually complete and send in your objection/challenge/rebate request letter. Your letter must be postmarked on or before December 8, 2008!

Again, time is running out. December 8th is less than two-and-a-half weeks away and if you do not send in your letter on or before December 8th, you will probably not receive your rebate. For more specific instructions on how to claim your rebate of approximately $200, please refer to the Foundation's "Special Legal Notice to Washington Teachers".

As always, the Foundation will continue to help employees across the country fight the evils of compulsory unionism. If you are a teacher interested in your legal rights, please refer to the Abood and Hudson decisions on our Foundation-won Supreme Court precedents webpage. If you are a private sector employee, you can learn more about your legal rights under the Communications Workers of America v. Beck decision on the same page.

In the latest episode, Foundation VP Stefan Gleason sits down with Matt Brouillette of the Pennsylvania-based Commonwealth Foundation to discuss the compulsory unionism stranglehold over much of America's educational system. Check it out: