05/12/2007

By DAVID AMMONS  / Associated Press

Gov. Chris Gregoire on Friday signed legislation allowing labor unions to spend nonmembers' bargaining fees on political causes without first getting their permission.

The new law cleared the Legislature almost exclusively with Democratic votes last month, with critics calling it a clear labor-backed attempt to circumvent a pending ruling by the U.S. Supreme Court in a case involving the Washington Education Association.

Gregoire, when she was still attorney general, initiated the case that is moving through the high court. Rep. Joe McDermott, D-Seattle, and other sponsors insisted the bill wasn't related to the litigation and simply clarifies accounting rules.

State law regulates how unions can spend fees paid by workers who don't join the bargaining group. The nonmembers can be charged "agency fees" by the union to help finance bargaining that affects them, but they can't be forced to pay for the union's political activities.

Nonmembers represented by the WEA can ask for a partial refund of part of their fees.

The bill signed by the governor deals with commingling of funds. It says that when labor organizations make political campaign contributions, they aren't considered to be using agency shop fees when the union treasury has enough money to cover the contributions from other revenue sources.

"This change in law provides clarity and should prevent future questions over interpretations of the proper use of agency shop fees," Gregoire said.

She said it's a simple and well-accepted accounting principle and "in no way changes the prohibition against agency shop fees being spent for political purposes without affirmative authorization from individual agency fee payers."

Debra Carnes of the WEA hailed the new law.

"We think it's a good piece of legislation because it provides clarification that we haven't been able to get before now," she said. "We believe that now our members can move forward together to collectively speak out on issues that affect the profession."

Sen. Jeanne Kohl-Welles, D-Seattle, said during Senate debate that nonunion members have always had, and will still maintain, the right to object and get a rebate.

But opponents said that unless a nonmember specifically asks for a refund, that person won't know whether his fees are being used for political purposes he doesn't support.

Initiative 134, a campaign-finance measure approved by voters in 1992, required unions to secure permission from each nonmember before spending any portion of the fees on politics. But that provision was overturned by the state Supreme Court.

Some teachers and the state appealed to the U.S. Supreme Court. During a memo to the Legislature this year, the attorney general's office said the bill could expose the state to further litigation by adopting a "constitutionally forbidden" accounting procedure.

The case stemmed from a complaint filed by the Evergreen Freedom Foundation, an Olympia-based conservative think tank. The foundation and the WEA have sparred for years about nonmember fees.

The group complained about the new law and about Gregoire's decision to leave in place an emergency clause that made it take effect immediately, rather than allow a possible referendum campaign in the next 90 days.

"Today, Gov. Gregoire has signed a bill that ignores the First Amendment rights of workers in order to expand union power," said EFF labor policy director Mike Reitz. "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."

The governor also signed measures dealing with:

_NIGHTCLUB SPRINKLERS. The new law requires nightclubs to install automatic sprinkler systems by Dec. 1, 2009.

_FARM FUEL. Biodiesel fuel, including diesel blend, is exempted from sales tax when used by farmers off the highway.

_LEMON LAW. The state's "lemon law" protecting consumers who buy or lease vehicles is extended to out-of-state customers who buy or lease here and register them elsewhere.

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The union fees measure is House Bill 2079. The sprinkler bill is HB1811. The tax bill is SB5009. The lemon law bill is HB2135.

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On the Net:

Legislature: http://www.leg.wa.gov