UPDATED BELOW WITH THE LATEST NEWS RELEASE

I am posting this unedited from the Evergreen Freedom Foundation.  I offer the disclaimer that I do not generally like unions a whole lot.

Governor Gregoire “preserves union power” at the expense of teachers and voters; signs union “baill-out” bill into law

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

EFF testimony against 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

Your Government at work.

UPDATE!!

Media Alert: WEA uses HB 2079 gift at SCOTUS

It seems we now know why HB 2079 was such an emergency for Governor Gregoire.

After the media and public were assured for months by Democrat legislators that HB 2079 would not affect the Supreme Court case of Washington v. WEA, we learned today that the WEA filed a supplemental brief with the Supreme Court, asking the Court to limit the application of Section 760 to past union actions and arguing that the law, as amended by HB 2079, is now constitutional. The WEA filed its request on Fridayy, May 11—the same day Gregoire signed 2079 into law.

HB 2079 was a virtual Get-Out-of-Jail-Free card for the WEA. The sponsors who said the bill has nothing to do with the litigation were either lying or being used by their WEA puppet masters.

-Booker Stallworth, Communications Director

Evergreen Freedom Foundation

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