Teachers Saving Children^® Inc. - National

State Affiliate Updates

Michigan: The 1998-99 officers for the MI TSC State Chapter are as follows: Lois Wierenga, Executive Director; John Reutter, Assistant Executive Director; Ted DeRose, Secretary; Ed Starrett, Treasurer. The Michigan Pro-Life Convention will be held on Saturday, October 3, 1998, in Battle Creek, MI. TSC of MI has taken its first steps towards affiliation. They are now waiting for their IRS approval. Final affiliation approval is anticipated by the Fall of 1998.

Ohio: The 1998-99 officers for the OH TSC Affiliate State Chapter are as follows: Connie Bancroft, Executive Director; Gary Winney, Assistant Executive Director; Lisa Rudloff, Secretary; David Kaiser, Treasurer. The Ohio Pro-Life Convention will be held on Saturday, October 17, 1998, in Dayton, OH.

Ohio Alert: The alarming State of Ohio Model "Program" Health and Physical Education, Pre-K through 12 is now apparently on the fast track to get out of the Advisory Committee draft state and to get final approval. (See related articles in the TSC Ohio Newsletter April 1996, August 1996, and August 1997). Two thousand copies will soon be sent to state and national reviewers. Your help is crucial. Please notify TSC if you would be able to:
    * Help to review the document
    * Assist associates in writing the "Minority Report" to accompany the document
    * Work on a "replacement/substitute" document
Please call for more information and/or desire to become involved. Thank you.

The battle with the educators' unions can be compared with the story of David and Goliath. Like Goliath, educators' unions, such as the NEA and the AFT, have become a feared opponent rather than a service provider. The unions assault the freedom of individuals through compulsory dues, lies, and threats of job loss. Rather than face the battle, many educators, like the Israelites of David's time, retreat from confrontation and remain silent. However, David stood his ground. He sized Goliath up and concluded "He's SO big I can't miss!"

Like David, a few educators from the State of Washington bravely challenged union exploitation. They looked Goliath in the eye and didn't blink. They refused to let the union abuse their freedom, their beliefs, and their paychecks. They had confidence in Someone bigger than the union - the Lord; something bigger than themselves - the truth.

Learning the Truth About Educators' Rights. It all began in 1992 with two individuals from separate parts of the state. Cindy Omlin, from Spokane, Washington, worked for the Spokane School District for ten years as a speech-language pathologist. She had been a union representative for the speech-language pathologist group, served on the joint district-union committee on violence, and attended the Washington Education Association Leadership Academy.

Cindy became increasingly alarmed at the union's political agenda that she viewed as destructive to children and society. She responded by writing a letter to the editor of the WEA Action, the newsletter of the Washington Education Association, explaining her views.

About the same time, Barbara Amidon, a school counselor in Olympia, Washington, became concerned over the abundant political material that educators constantly receive from the union. She asked her local union the following questions: 1) What percent of an educator's mandatory dues go to political activity? 2) Can educators donate all or part of their dues to charity? She also asked for an honest, straightforward accounting of the union's spending.

Incredibly, WEA union officials would not give Barbara the information she requested. Barbara stated, "I was shocked that WEA officials would not give it to me! They told me that only teachers who resign from the union are entitled to it. That meant the union was totally unaccountable to its own members." So Barbara began to seek answers elsewhere. She contacted the National Right to Work Legal Defense Foundation whose attorneys explained her constitutional rights.

Historically, the union spends educators' mandatory dues on political causes that many educators find objectionable. Deceptive union officials tell educators that they have no choice regarding union membership - they must join. The fact is - educators do not have to join the union to receive its protection. Although the laws in many states vary, Washington law requires that agency fee payers pay only for the union's collective bargaining and representation services. An educator could become an agency fee payer and receive a rebate for the amount of dues not spent on collective bargaining and chargeable representation activity. But, in order to get a rebate for non-chargeable activity, educators must also object to the use of dues for non-collective bargaining purposes. In addition, an educator has the constitutional right to challenge the amount of the agency fee calculation in order to receive a more honest agency fee. Unfortunately, resigning to become an agency fee payer means that educators lose certain privileges such as voting and running for office.

Sharing the Truth with Colleagues. "Thankfully," voiced Cindy, "Barbara didn't just exercise her right and then drop it. She was compelled to share the truth with others. After reading my letter to the editor in the WEA Action she called me in Spokane. Immediately we became kindred spirits and decided to tell our colleagues about their rights." By 1994, one hundred twenty-one educators who had resigned from the union and wanted to challenge their agency fee had joined hands with Cindy and Barbara. They threatened WEA with a federal lawsuit. On the eve of the filing, the WEA agreed to an out-of-court settlement that gave educators more than a 50% rebate for two years. With this settlement, each educator in the challenge was able to protect more than $300 per year of their own money from being spent on union politics.

After the 1994 settlement, Cindy and Barbara formed the WEA Challenger Network to inform educators of their rights and to encourage educators to hold the union accountable to all its members. They started the WEA Challenger Network News newsletter through which they informed educators about the union's spending practices and political activities based on WEA's own Public Disclosure Commission (PDC) files. On October 19, 1996, one hundred and sixty-five educators filed a class action lawsuit with the help of Milton Chappell, staff attorney with the National Right to Work Legal Defense Foundation and Steven T. O'Ban, a Seattle attorney with Ellis, Li, & McKinstry. Now that the court has certified the class action lawsuit, nearly 3000 agency fee educators in Washington will receive a court-determined rebate. The trial is scheduled for September 14, 1998.

Barbara spent many hours poring over the union's disclosure reports and through this research found out why the union settled out of court in the 1994 challenge rather than face scrutiny of its spending records. Although state laws vary, in many states the union deducts a political action contribution in addition to mandatory dues by using a "reverse check off" system. In other words, the union automatically takes the extra money out of the individuals' paycheck unless the individual signs a form prohibiting the PAC deduction. That was the WEA system until 1992 when over 70% of the State of Washington voters passed Initiative 134 for campaign finance reform. This new Washington law required that unions get educators' prior written consent before deducting political funds form their paychecks.

"After the law went into effect," Cindy states, "my Spokane Education Association newsletter reported that contributions to WEA-PAC dropped from 45,000 to 8,000 members. But, rather than honor the 80% of the membership who weren't willing to fund the union's political agenda, WEA responded by plundering the general dues fund for even more political money. Barbara's research uncovered that WEA loaned dues money to the PAC and then forgave the loans, and that dues money was also being used to pay for the PAC's overhead. The biggest outrage came when the WEA raised our mandatory dues by $12 (the same as a PAC contribution) in order to get around their losses after paycheck protection reform. That money was funneled into a new political education project called the 'Community Outreach Program' (COP). To Barbara and me these actions violated the intent if not the letter of the law requiring the union to get our written permission for taking political money out of our paychecks.

The Battle Expands. Several teachers filed complaints with the State of Washington Public Disclosure Commission. After months of inaction by the PDC, Cindy and Barbara asked an expert auditor, Bob Williams of the Evergreen Freedom Foundation, to investigate. Based on Bob's extensive investigation, the PDC ruled that the WEA is guilty of the "worst campaign violations in state history." A WEA lobbyist even admitted under oath that the Community Outreach Program assessment was an "internal ploy" to circumvent the law requiring prior written permission for political contributions.

The PDC referred the case to the State of Washington Attorney General for prosecution. Following an investigation by the State of Washington Attorney General's office, Attorney General Christine Gregoire stated that the WEA has "severely frustrated the public's right to know who is funding political campaigns" and characterized the WEA's defense of its stealth PAC as "ludicrous," "disingenuous," and "not believable." On February 12, 1997, Gregoire formally charged the WEA with hundreds of thousands of dollars of campaign finance violations. Unfortunately, however, this decision only focused on past reporting practices. Gregoire did not require WEA to stop collecting COP money for politics without educators' permission. WEA did not agree to refund educators the money it took from their paychecks without their permission. It continues to collect $60,000 per month for the Community Outreach Program. Because of the action of the WEA, a group of union member educators calling themselves Teachers for a Responsible Union and the Evergreen Freedom Foundation have filed another lawsuit against the WEA.

In an August 19, 1997 ruling, the PDC found the WEA Lobbyist Kristeen Hanselman, guilty of filing 23 false PDC documents. She noted her employer as WEA when in fact she is the NEA Director of Constituent Group Relations who was on loan to the WEA. These false reports hid NEA's influence in killing two State of Washington initiatives. WEA Attorney Harriet Strasburg stated that the PDC's enforcement action against Hanselman would have never taken place had it not been for the perseverance of the Evergreen Freedom Foundation.

In February 1998, the Attorney General let the union brass off the hook with a behind-closed doors settlement that forces WEA members to pay the WEA's fines. Making matters worse, educators don't get a refund for the money taken illegally from the paychecks. Instead the Attorney General is allowing WEA to reduce the amount of Community Outreach Program fees by a few cents a month during the 1998-99 school year. The most alarming result of the settlement, however, is that Gregoire's new guidelines give not only WEA, but all unions, carte blanche permission to donate mandatory dues to PAC and other political organizations. This completely guts the State of Washington Initiative 134, which requires that unions receive written permission prior to deducting money from paychecks for political contribution.

In response to the Attorney General's decision Barbara states that "We just want the union to honor and respect the law and our rights. We feel like we're being held captive by the union who takes our mandatory dues and uses it to further an ultra left-wing agenda with which we vehemently disagree." Cindy concurs: "It's really disheartening because now the union can raise MORE money for politics than before paycheck protection reform. The state is feeding union power instead of standing for principle."

WEA is now suing Barbara Amidon and Cindy Omlin for trademark infringement (for use of "WEA" in the title of "WEA Challenger Network News"), unfair competition, and tortuous interference with business expectancy. They are defending their free speech rights against this totally baseless lawsuit. They view it as nothing more than an attempt to intimidate and silence them from sharing the truth about educators' rights and union spending which violates the personal and political convictions of many educators. Their trial date is for July 19, 1999. Cindy and Barbara request prayer support as they face this next battle.

Workers' Rights and Union Integrity Remain the Focus. Union abuse and abandonment is rising to a frightening level. Cindy reports that Spokane Education Association President, Lynn Jones, revealed in the Spokesman Review (9/9/96) that only 20-30% of educators' dues is now used for collective bargaining, grievance resolution, and arbitration. The rest is spent on politics, advertising, facilitating education restructuring meetings, etc. The union is also using the negotiated contract through collective bargaining as a weapon against teachers with differing political views. "Even more distressing," states Cindy, "is that the union is now negotiating contracts in order to force through a controversial education restructuring agenda. Educators who disagree with the agenda are contractually squeezed out of their classrooms if they refuse to sign agreements to go along."

The main concern expressed by Cindy and Barbara as well as the many other educators who have joined with them is the union's increasing focus on political activity - much of which has nothing to do with education. They see their stand as a freedom of speech and association issue. They have nothing against the traditional involvement of unions in collective bargaining and professional services. However, they strongly object to the political agenda and involvement of the union. In fact, the WEA's new mission statement places the shaping of public perception as a higher priority than member representation. Whatever happened to its original and honorable mission to protect and serve its members?

"Educators have a right and obligation to participate in the political process," states Barbara. "Those who agree with the union's politics can voluntarily contribute to the WEA's political action committee. But, educators who disagree with the union's politics have to have their free speech rights protected. They should not be forced to fund someone else's politics with their mandatory dues or lose their right to work if they refuse to support those politics."

Educators also deserve to belong to a labor organization with integrity - one that not only helps them to have more, but to be more. Cindy doesn't "see this as a battle that has to have a winner and a loser. We want an educators' organization that we can be proud of - one that is conformed to the truth and is transformed by the truth. That way we'll all be winners."

Remember, with his faith and trust in Almighty God, David defended his people's rights. With faith and trust in God and with the weapons of truth and courage, educators from the State of Washington successfully challenged Goliath. They hope their experience will encourage others to do the same - to do the right thing because ultimately, that is what we are educating our students to do!

One option is to become a "Fair Share Fee Payer". Fair Share gives each local Association the right to collect from each non-member a fee equivalent to the costs incurred by the Association for negotiating and administering the collective bargaining agreement. The union states that they go through an extensive mediation process each year to determine the exact dollar amount that can be assessed. Usually this dollar amount is approximately 95% of the total dues amount. As a Fair Share Fee Payer, one is still a "member of the bargaining unit" and is entitled to receive the benefits of the collective bargaining agreements. One also is entitled to all privileges that members enjoy except three items: voting, holding office, and receiving strike benefits. To become a Fair Share Fee Payer all one needs to do is check the box on the membership form in the fall at membership time. The union must then notify what one needs to do next and when. Educators within school districts that have a union security provision in the Master Agreement must be notified of the Fair Share option and procedure.

The second option is for an individual to request for religious accommodation. This option is available under the provisions of the Civil Rights Act of 1964 which protects employees against job requirements which contradict sincerely held religious beliefs. This is a very simple matter to file and can be done by writing a letter to the union detailing the nature of your objections and request an accommodation. If the union refuses to accommodate, a charge of religious discrimination can be filed with the Equal Employment Opportunity Commission (EEOC). The amount of dues monies normally paid to the union will then be redirected to a charity or non-profit organization.

The third option is to join the union and to get involved to make change from within. One can get involved simply by taking the time to vote and voicing one's opinion.

TSC does not take a position on which option to choose. The most important thing is to become informed by getting all the facts, know what your local contract states, and then follow your conscience. Whichever option one chooses, your choice will be respected.

TSC has a brochure entitled "Participation in Teacher Unions: Your Rights, Responsibilities and Options". Copies are available upon request.

Pro-choice defined: Means the individual is pro-abortion. They are for the choice to abort (kill) unborn babies. They believe there should be no laws protecting unborn babies.

"Reproductive Freedom" as defined by the NEA: "refers to dual rights - the rights to abortion and to carry a pregnancy to term." (Deceptions by the Radical Right against the National Education Association, NEA Human and Civil Rights, 1994, page 9.)