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Posted on 07/21/2006 9:59:47 AM PDT by truth49
OLYMPIA—Today Thurston County Superior Court Judge Paula Casey denied the National Education Association's (NEA) motion to dismiss a lawsuit brought against it by the Evergreen Freedom Foundation (EFF). At issue is the NEA's violation of RCW 42.17.760, which requires unions to get "affirmative authorization" before using nonmember dues for political purposes.
After Attorney General Christine Gregoire successfully prosecuted Washington Education Association in 2001 for admitted violations of the law, EFF filed a "citizen's action" lawsuit against the NEA in April 2002, arguing the NEA committed similar violations. The Attorney General later filed an identical suit against the NEA.
A Public Disclosure Commission investigation found the NEA contributed $30,000 in fiscal year 1998-99 to two political action committees, and $500,000 in 2000 for Initiatives 728 and 732, in violation of the law.
The NEA cases were placed on hold pending resolution of the WEA case, which was then on appeal. The Washington Supreme Court ruled on March 16, 2006, that RCW 42.17.760 was unconstitutional, saying the law placed "too great an administrative burden" on the union. Attorney General McKenna and teachers in a related class action appealed the ruling to the U.S. Supreme Court in June.
Citing the state court ruling, the NEA moved to dismiss both lawsuits pending against it.
On June 30, 2006, Judge Thomas McPhee denied the NEA's motion to dismiss the state's case.
In briefs filed for today's hearing, Evergreen Freedom Foundation's attorney, Steven T. O'Ban, argued that until the constitutionality of the law is resolved by the U.S. Supreme Court, the case against the NEA should not be dismissed. Dismissal would have allowed the statute of limitations to lapse.
"Today's ruling preserves the public's interest in free and fair elections," said Michael Reitz, director of labor policy for the Evergreen Freedom Foundation. "The ruling also gives non-union teachers hope that the highest court in the land might hear their appeal for justice."
Additional Information
Public Disclosure Commission Report of Investigation, April 3, 2002
State, ex. rel. Evergreen Freedom Foundation v. National Education Association, April 8, 2002
EFF files suit against NEA, April 9, 2002
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Interesting. I wonder under what grounds the dismissal was requested?
"wonder under what grounds the dismissal was requested?"
"The Washington Supreme Court ruled on March 16, 2006, that RCW 42.17.760 was unconstitutional, saying the law placed "too great an administrative burden" on the union."
This
Say WA? Evergreen State ping
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Then how could their motion be denied? I tried to read the thing and it doesn't say why, just that it was denied.
BTW, the ping list is here, in case you want to ping directly:
http://trad-anglican.faithweb.com/WaState/index.html
This is good.
What am I missing. Why are nonmembers paying dues?
I'm not getting it either.
"The NEA cases were placed on hold pending resolution of the WEA case, which was then on appeal."
I believe this is the reason.
I see. But since when does a federal court defer to a state court? I used to think courts were fairly narrow and even-handed in their decisions...just gullible, I guess. ;o)
You can not, if you are not a member of the union and the union is acting as an agent, be assessed for political political expenses of the Union. The NEA is not an association it is a Union but it feels it is special.
???
Please splain me Lucy? How is the NEA collecting dues from nonmembers.
We are talking about the state of Washington after all
A judge in Seattle ruled that unions can collect 'dues' from non-union members who are performing the same jobs.
Crazy. I know.
Here's the link.
http://seattletimes.nwsource.com/html/localnews/2002783422_uniondues04m.html
"But since when does a federal court defer to a state court? "
It's happened many times when the SCOTUS refuses to hear a case and 'defers' to the state.
That sounds like you hit the nail right on the head.
I'm sorry. I erred!
It was a contract between the State and the Unions.
Not a ruling.
WOO HOO!
Bump!
I think the bell is tolling for the NEA :)
http://www.wdcmedia.com/newsArticle.php?ID=1463
State Legislator Warns Oklahoma Teachers Against NEA Affiliation
(AgapePress) - A conservative Oklahoma lawmaker is calling on teachers to leave the state affiliate of the National Education Association (NEA) over its support of homosexual "marriage." State Representative Sally Kern is urging teachers to withdraw from the Oklahoma Education Association in protest of the educator union's liberal political agenda.
(snip)
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