WEA is found guilty...again

Olympia, WA - July 31, 2001 ­ Thurston County Superior Court Judge Gary Tabor today issued a "guilty" verdict against the Washington Education Association (WEA) for what
he characterized as intentional violations in the union's use of mandatory
teacher dues and fees for politics.  The combined penalties, sanctions and
reimbursements ordered by the court make this the largest fine ever levied
against the WEA ­ likely more than $500,000.

Tabor assessed a $200,000 civil penalty against the union, which he doubled
to $400,000 as a punitive sanction saying he found, "that the WEA
'intentionally' chose not to comply with the clear language of the statute."
(RCW 42.17.760).  The judge also ordered WEA to pay for the costs of the
investigation, the trial and attorneys' fees.

"WEA officials are used to breaking the law and having their way with
teachers' paychecks because they think no one is big enough to stop them,"
said Lynn Harsh, executive director of the Evergreen Freedom Foundation
(EFF).  "Judge Tabor just sent those union officials an expensive reminder
that they are not above the law."

EFF initiated the investigation that eventually made its way to Tabor's
Court.  In June of 2000, EFF filed a 45-day notice with the Attorney General
(AG) on behalf of affected teachers alleging that the WEA had used agency
fee payer teachers' dues money for politics ­ a clear violation of state
law.  Agency fee payers are teachers who opt out of the union, often for
political or religious reasons, but who are still required to pay 100
percent of regular member dues, except for the portion spent on politics and
other non-traditional union functions.

Following an initial investigation by the Public Disclosure Commission
(PDC), who referred the matter back to the AG for a thorough investigation,
the trial was held in May of 2001.

"The citizens of this state should be very pleased with the thorough
investigation conducted by our attorney general's office and their excellent
arguments in court," Harsh said.

WEA attorneys argued that the union did not really use agency fee payers'
monies for politics because the union's reserve funds exceeded the more than
$800,000 alleged to have been illegally spent.  Tabor said, "Any distinction
between 'collecting' an agency fee and 'expending' monies for a particular
purpose are forever obscured when the funds are 'commingled' into the
general fund."

Judge Tabor gave the WEA 90 days to present him with a procedure assuring
that union officials will comply with the law in the future.  The ruling
today does not seek reimbursement for those teachers whose money was
wrongfully used by the WEA instead of being reimbursed to them.  A separate
class action suit of the more than 4,000 affected teachers has been filed.

reported by Lynn Harsh, Executive Director
Evergreen Freedom Foundation
A Non-Profit Public Policy Research Organization
P.O. Box 552, Olympia, WA 98507

360) 956-3482

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