September 26, 2006
U.S. Supreme Court will hear state's appeal in WEA case

AP: "Supreme Court jumps into dispute over labor union fees in state"

The Supreme Court agreed today to decide whether public employee unions must get special permission before spending some workers' dues on political causes. Justices accepted an appeal from the state of Washington that involves fees paid to the Washington Education Association by teachers who decline to join the union.
The case stemmed from a complaint by the Evergreen Freedom Foundation. The AP adds:
The state court said that forcing the union to seek permission from each worker violated the union's free speech rights.

The three dissenters in the case, however, said the ruling "turned the First Amendment on its head," by valuing the rights of the union above those of individuals.

Indeed. But Susan Owens voted with the majority. Another reason to replace her with Stephen Johnson in November.


Posted by Stefan Sharkansky at September 26, 2006 08:39 AM | Email This
Comments
1. Let me see if I understand how this works.

In order to get a job with the state, you must join a union. (Is this all jobs now, or are there some that are excluded from the law passed last year?)

Once in a union, union dues are deducted automatically from your paycheck.

Once the union has that money, they have the right to spend it however they see fit.

Most unions see fit to spend political money almost exclusively for one political party (Dems).

If you want to redirect the political fee portion of your dues to other than the unions choice, you must jump through hoops and in some cases are severely restricted in where that money goes.

The SayWa SC says that any restictions on the individuals choice of where their money is spent on politics are justified because it allows unions to have freedom of association.

So, to shorten it up, to work for the state, you must finacially support the Dem party, or work somewhere else.

Close enough?

Posted by: SouthernRoots on September 26, 2006 09:18 AM
2. FedEX should setup an automatic delivery service between the WA Supreme Court and the SCOTUS. There's plenty of business to be had in appealing nearly every WA ruling.

Posted by: Jeff B. on September 26, 2006 09:27 AM
3. There is no doubt that it is wrong to require membership in any organization as a condition for employment. That in itself is forced servitude. Employment should be based on meritocracy such as the NBA....lets put communism and those who support it out to pasture.

Posted by: Allan Rothlisberg on September 26, 2006 09:38 AM
4. How about a link to the WA SC decision; both the majority and the dissents?

Posted by: Don on September 26, 2006 09:42 AM
5. It takes at least four votes for the USSC to take a case. In the end, this is going to be a case the NEA will wish they lost in the WA SC, where it would have only affected them within the state.

I think it will be a 9-0 vote to reverse; and 7-2 in a worse case scenario.

Posted by: Don on September 26, 2006 09:56 AM
6. Don't be too optomistic. Remember, the US Supremes are the ones who gave us Kelo last year, gutting private property rights. They also approved severe limitations to political speech (the heart of the 1st amendment) in upholding McCain Feingold restrictions on political advertising.
But don't worry, like the frog in the slowly warming pot, you will hardly notice it when Sharia law, Kofi Annan and the decisions of Brussels bureaucrats supercede the constitution.

Posted by: Steve on September 26, 2006 09:56 AM
7. Don, you can read the opinions at the Findlaw site.

The majority opinion is here:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wa&vol=2006_sc/742685MAJ&invol=4

The opinion from the dissenting Justices is here:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wa&vol=2006_sc/742685DI1&invol=4

Posted by: Jeff T. on September 26, 2006 10:06 AM
8. Southern Roots,

You missed a line: After, "Most unions see fit to spend political money almost exclusively for one political party (Dems)."

That political party returns the favor by creating more state or union jobs many of which are not necessary. (Toll Roads anyone?)

Posted by: Brent in Ferndale on September 26, 2006 10:21 AM
9. Steve 6--you read my mind on all points.

the argument for forced unions is "then don't work there" does not fly for me--maybe people want to get different experiences in their careers--private & public; also, don't libs and Dems howl when "forced" to do things by the "right" or to take self-responsibility? yet they like to force things on others.

Posted by: jimmie-howya-doin on September 26, 2006 10:23 AM
10. Does anyone know if this suit applies to all public unions(Firefighters, city/state employees, etc.) or just to the teacher's union specifically? I know that local Fire Departments in my area consist of a 50/50 mix of Democrats and Republicans but that over 90% of the dues money goes straight to the Democratic party...and if you ever want representation in a work related incidence, you had better not make any waves about that inequality!

Posted by: suzihomemaker on September 26, 2006 10:41 AM
11. Once SCOTUS rules on this, it's precedent. I would think the same consent rule would apply to all such contributions regardless of union. If not, someone could easily bring a lawsuit and the result of this SCOTUS case could be cited and it would be over quickly (if SCOTUS rules against the WEA of course).

Posted by: Palouse on September 26, 2006 10:46 AM
12. jimmie - it is amusing how "then don't work here" works when it comes to forced union donations, but when it comes to taking property rights of bar owners away by forcing no smoking, then that arguement doesn't work.

I know this is unusual, but could this be the government saying 'do as I say, not as I do'? What a surprise!

Posted by: Right said Fred on September 26, 2006 11:17 AM
13. Whatever it takes to break the NEA & WEA.

Posted by: Yossarian on September 26, 2006 11:22 AM
14. Whatever it takes to break the NEA & WEA.

Posted by: Yossarian on September 26, 2006 11:23 AM
15. Ooops! Sorry about the double post!

Posted by: Yossarian on September 26, 2006 11:24 AM
16. Yossarian--with you 100%--enough already with their chokeholds on every facet of our daily lives.
Fred 12--agree-not a smoker, but i hated that rule--too overreaching. and Tribes got a pass just like the slots (shot down) for private bars.
For once, i'd like to see the unions squirm--they make US squirm every fall with 11th hour teacher strikes, and halt business with recent cement/garbage strikes. not a good way to make us happy always at the end of a barrel. could be a backlash some day.

Posted by: jimmie-howya-doin on September 26, 2006 11:35 AM
17. It's time for a right to work initive in this state. Our liberal legislature won't do it, but it needs to be done. Who has Eiman's email address?

Posted by: The Duke on September 26, 2006 11:38 AM
18. ...."But don't worry, like the frog in the slowly warming pot, you will hardly notice it when Sharia law, Kofi Annan and the decisions of Brussels bureaucrats supercede the constitution."


This is why there is a second amendment.

Posted by: Jack Burton on September 26, 2006 12:02 PM
19. The Duke--
I agree.... it is time for the Right to Work Initiative.
However, Tim Eyman's day of Initiative effectiveness is behind him....although I greatly appreciate Tim's efforts to bring government back closer to the people.

The Right to Work Initiative needs a coalition of Employers, Workers (Union & Non-Union) as well as private citizens. A key issue is:
THE HUGELY UNDERFUNDED STATE PENSION FUND and UNDERFUNDED HEALTH BENEFIT PROGRAMS.

The State is in huge financial straits. HUGE...caused by Democrat pandering and unreasonable concessions to the State Employees Union and Teachers Union.

Budget & Tax impacts of Right to Work as well as the philosophical arguments are necessary to convince voters AND a broad-based coalition pushing it!!

Posted by: Mr. Cynical on September 26, 2006 12:10 PM
20. I believe that there already is SCOTUS, or maybe just 9th Circuit, precedent in an area very close to this. It involved use of mandatory fees for the Student Union (or Associated Students, or somesuch)at a university. The Court said that those fees couldn't be used for political purposes without permission.

This happened while I was in college (1992-96). I remember ASUCD (Assoc. Students, UCD) having to go through some serious contortions to get in compliance.

And the "if you don't like it, don't work here" line might be OK for private employers, since both the union and the employer have free association rights. I fBoeing and the Machinists want to have a closed shop, no problem. But when the employer is the government, in any form,, it should be a non-starter. And for some professions, the government is the only, or almost the only, employer available. The majority of jobs for teachers are in public schools. And it's pretty much impossible to be a cop or firefighter in the private sector.

Posted by: Heartless Libertarian on September 26, 2006 12:53 PM
21. Stephen Johnson was one of the most extreme members of the Washington State Senate.

For those who want centrist, moderate views -- he offers exactly the opposite.

Beware of extremists (from either party) joining the court.

Finally, as a lifelong right of right republican, he can hardly play a centrist, objective role on the court.

This is a great reason why judges shouldn't be elected. But since they are, extremists like Johnson should be kept off the bench at all costs.

Posted by: Jim Miller on September 26, 2006 01:09 PM
22. Trolling on this thread as well eh Jim? Why don't you tell us what makes Stephen Johnson an "extremist"? Because he doesn't agree with you and the hard left?

Posted by: Palouse on September 26, 2006 01:24 PM
23. Jim 22 -
We don't want or need "centrists" or "moderates" on the courts. We simply want and need judges who will read and understand the law and the constitution and apply it. They can hold whatever personal beliefs they want. Judges are referees, and as long as they are fair, objective and impartial they can be Yankees fans or Red Sox fans. The courts have become a super-legislature in recent decades and the result has been the erosion of our freedoms. Read the Declaration of Independence - every day! Finally - my thought for the day - Eschew Dhimmitude!

Posted by: Steve on September 26, 2006 01:34 PM
24. Pretend Jim Miller wants us to believe Susan Owens is somehow a "Centrist"???
Look at her decisions on Open Government (Hangartner, Yossarian, Sound Transit)....
or should I say her decisions for CLOSED Government!
Susan Owens looks like she has been ridden hard and put away wet....kind of like someone with a serious drinking problem.
And have you heard her speak??
Watch the debates on TVW.....she is a moron!
Stephen Johnson is too moderate for me......but will have to do in a pinch!

Posted by: Mr. Cynical on September 26, 2006 04:34 PM
25. Owens is not bright, at all. She is also very short. I would guess about 4'9" to 4'11". Madsen and Bridge are also very short., but not as short as Owens. I'd bet money that Owens has a booster seat while sitting on the bench.

Posted by: Don on September 26, 2006 11:02 PM
26. Stephen Johnson was one of the most extreme members of the Washington State Senate.

Now that's funny. Clearly, "Jim Miller" has no idea of Steve Johnson's record in the Senate. Typical, reactionary leftist without a clue.

Posted by: jimg on September 27, 2006 08:38 AM
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