**Olympia, WA (June 6, 2006)** – After union officials realized that they had no choice but to cease their illegal activity, a group of ten Washington State employees agreed today to settle a statewide federal class-action civil rights lawsuit challenging employee firings and union dues seizures in violation of due process protections.
The workers’ lawsuit embarrassed Washington Federation of State Employees (WFSE) union officials into asking the state to rehire the employees terminated at union officials’ behest, and the union hierarchy agreed to remedy their other violations of workers’ First Amendment rights. Because the union agreed to end all illegal behavior listed in the employees’ complaint, the employees, represented by National Right to Work Legal Defense Foundation attorneys, have agreed to settle the case with the WFSE.
“These workers have won the battle, but not the war,” said Stefan Gleason, vice president of the National Right to Work Foundation. “While an important victory, the fact that the law of the Ninth Circuit does not go the further step of forcing union officials to return the $10 million seized under their admittedly unlawful threats further underscores how vulnerable employees are without the protection of a state Right to Work law. A Right to Work law would make union membership and dues payment strictly voluntary.”
In May 2005, WFSE union officials sent a mailing to state employees informing them that they would be fired if they refused to pay union dues. But this notice failed to provide certain constitutionally-required safeguards of employees’ rights to ensure they are not forced to pay for more than the cost of collective bargaining. These safeguards include a verification or audit of union expenditures, as well as an explanation for the basis of the portions of the workers’ fees claimed to be chargeable. WFSE union officials also unlawfully required employees who wish to object to funding political and other non-collective bargaining activities to sign automatic payroll deduction forms.
The state workers charged that the seizure of forced dues by WFSE union officials without due process is a violation of their constitutional rights articulated by the U.S. Supreme Court in the Foundation-won *Chicago Teachers Union v. Hudson* decision. Hudson requires union officials to provide an independently-audited disclosure of their books and justify their expenditures before seizing any forced union dues from employees.
“These public servants never should have had to file a lawsuit in the first place in order for WFSE officials not to trample their basic constitutional rights,” concluded Gleason.
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.