Teachers union pushes political spending bill

OLYMPIA -- The state's largest teachers union is pushing legislation that would, in effect, allow unions to spend fees paid by nonmembers on political campaigns without first getting permission.

The bills, drafted by the Washington Education Association (WEA) and other labor groups, were introduced Wednesday in the House and Senate by a handful of Democratic lawmakers.

Union leaders say they are merely trying to clarify a confusing statute.

But critics said the union is attempting an end-run on the U.S. Supreme Court, which is currently reviewing the constitutionality of a Washington law that required unions to get permission before spending nonmember fees on political causes.

The WEA has 80,000 members statewide and represents more than 3,000 teachers who chose to not join the union. State law allows the union to impose "agency fees" -- in lieu of dues -- on nonmember teachers.

Federal courts have ruled in the past that nonmembers who object to having a portion of their fee used for political purposes can request rebates from the union.

But under a Washington law approved overwhelmingly by voters in 1992 -- Initiative 134 -- unions were required to get permission from nonmembers before spending any portion of their fees on politics.

Six years ago, the state filed a lawsuit accusing the union of violating that law. The suit stemmed from a complaint filed by WEA's arch enemy, the Evergreen Freedom Foundation (EFF), a conservative Olympia-based group.

Last year, however, the state Supreme Court struck down the law as an unconstitutional infringement on the union's free-speech rights.

The state appealed to the U.S. Supreme Court. During oral arguments last month, several justices indicated they were inclined to reverse the state court and uphold I-134.

But such a ruling would be moot if lawmakers approve the legislation introduced Wednesday, said Michael Reitz, EFF's labor policy director.

The legislation includes a so-called "emergency clause," which means it would go into effect right away and could not be overturned by a voter referendum.

"It completely nullifies the need to get permission first," Reitz said.

But WEA spokesman Rich Wood said the legislation is just an attempt to make it easier for unions to comply with the I-134 requirements.

The measures -- Senate Bill 5921 and House Bill 2079 -- would clarify how unions account for political spending.

On average, WEA members and nonmembers pay about $700 a year to the union.

The union estimates it spends about a quarter of its dues and fees each year on expenses not related to collective bargaining, including political activities. Since the fees paid by nonmembers make up a much smaller percentage than that, the WEA has argued all along that it doesn't spend nonmember fees on politics.

Ralph Thomas: 360-943-9882 or rthomas@seattletimes.com