Ross Runkel 

Home | Free Trial | Products & Prices | Feeds | Caselaw Database | Sample | EEOC | NLRB | Nat'l Arbitration Ctr | Supreme Court | Articles | Lawyers
Employment Law BlogArbitration Blog | Employment Law 101  
Employment Law Memo | NLRB Law Memo | Arbitration Law Memo

 

LawMemo       First in Employment Law 

  • Employment Law Memo emails designed for lawyers. 
  • Expert summaries of decisions from all federal and state appellate courts. 
  • Direct link to full text. 
  • Click here for free 4-week subscription

LawMemo Employment Law Blog 

All Archives    |    All Archives By Topic

 

« Multiple medical leave claims | Main | 3.6% winners under Sarbanes-Oxley »

Davenport v WEA developments
May 17, 2007 by Ross Runkel at LawMemo

Washington state law requires unions to get pre-expenditure permission (an "opt in" requirement) from non-members before using their agency shop payments for political purposes.

The US Supreme Court is poised to decide whether the Washington State Supreme Court erred by holding that law unconstitutional as an abridgement of free speech. Davenport v. Washington Education Association.

Now the Washington legislature has amended the statute to be more favorable to the union. So the impact of the US Supreme Court's decision will apply only to expenditures that pre-dated the amendment.

On May 11, 2007 the Washington State Legislature amended the statute by adding one sentence that clarifies the meaning of the word "use." The statutory amendment:

A labor organization does not use agency shop fees when it uses its general treasury funds to make such contributions or expenditures if it has sufficient revenues from sources other than agency shop fees in its general treasury to fund such contributions or expenditures.

All parties have filed supplementary briefs within the past few days. All briefs are here.

LawMemo.Com


Google
 
Web www.LawMemo.com 
This form will search the LawMemo web site. It does not include the Caselaw Database.

Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.

  • Employment Law Memo emails designed for lawyers. 
  • Expert summaries of decisions from all federal and state appellate courts. 
  • Direct link to full text. 
  • Click here for free 4-week subscription