Posted on 05/11/2007 11:53:00 AM PDT by truth49
OLYMPIA—Today, Governor Gregoire signed House Bill 2079. The bill amends a statute that requires unions to get permission from nonmembers before spending their fees on political activity. The U.S. Supreme Court is currently reviewing the constitutionality of this statute in two cases brought by teachers and the state Attorney General against the Washington Education Association.
During committee hearings legislators disregarded the Attorney General’s office warnings that the bill is vulnerable to a Constitutional challenge. In a letter sent to lawmakers, the Office of the Attorney General warned that HB 2079 could expose the state to further litigation by adopting a “constitutionally forbidden” accounting practice.
The law uses a flawed accounting system that the U.S. Supreme Court ruled unconstitutional in both the cases of International Association of Machinists v. Street (1961) and Abood v. Detroit Board of Education (1977).
On March 29, during the committee executive session, Sen. Margarita Prentice (D-11th) admitted that the bill’s intent is to protect union power. “In union there’s strength, and there’s a reason why unions exist, and why they have the kind of power—and I think we need to do everything we can to preserve that,” Prentice said.
The Evergreen Freedom Foundation’s Director of Labor Policy, Michael Reitz, offered the following comments:
“Today, Governor Gregoire has signed a bill that ignores the First Amendment rights of workers in order to expand union power. The bill is premature, because the U.S. Supreme Court could rule on the constitutionality of the law at any time. Signing this bill virtually guarantees continued litigation.”
“House Bill 2079 uses an accounting gimmick to gut the I-134 of its effect—all but eliminating the requirement on unions to get permission before spending nonmember dues on politics.
“By signing this bill, Governor Gregoire blatantly ignored concerns from constituents, teachers and the attorney general. If the governor and legislators were truly concerned about clarifying the law, they would have taken input from all stakeholders—not just unions.
“In another slap at the Constitutional rights of Washington citizens, Governor Gregoire also approved HB 2079’s emergency clause, which allows the bill to take effect immediately, while denying the people their constitutional right of referendum, due to the purported emergency.
“Today, Governor Gregoire has shown that she believes that denying the people their constitutional rights in order to bail out her union friends and contributors from legal penalties is an emergency.”
Additional Information
EFF Policy Highlighter: Analysis of HB 1079
Governor’s “Bill Action” scheduled for May 11, 2007
EFF Policy Highlighter: Analysis of HB 2079
Senate passes HB 2079 to preserve union “power”, EFF Press Release
Attorney General letter regarding HB 2079
"State House OKs bill on political spending of non-member union fees," Seattle Times
Tricky call for the governor, Tacoma News Tribune
In Our View: The Perfect Veto, The Columbian
Teachers are forced to pay dues to the N.E.A.. They don’t want their money spent on what they oppose.
Why doesn’t someone force the union dues out of politics? There should be a separate P.A.C. for those functions.
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