Education

Ban on Payroll Deductions for Teacher Union Upheld

September 13, 1989 1 min read
  • Save to favorites
  • Print

Despite a recent setback in a federal appeals court, the South Carolina Education Association plans to continue fighting the legislature’s decision to authorize payroll dues deductions for the state employees’ association, but not for the teachers’ organization, the union’s president said last week.

The teachers’ union sued the state last year, after the legislature passed a bill in 1987 allowing payroll deductions specifically for membership dues to the South Carolina State Employees Association.

The teachers’ union also sought the right to make payroll deductions, but without success, said Sheila Gallagher, president of the SCEA.

In its suit, the union argued that the legislature’s decision violated union members’ constitutional rights to free speech and equal protection under the law.

The Aug. 29 ruling by the U.S. Court of Appeals for the Fourth Circuit reversed a decision in favor of the teachers’ union by U.S. District Judge Matthew J. Perry.

Judge Perry found that the legislature had violated union members’ rights and ordered the state and all school districts to extend payroll deductions to the SCEA.

Gov. Carroll A. Campbell Jr. appealed the ruling, however, on grounds that the 1987-88 legislature had never actually considered extending the dues deductions to the teachers’ union.

“There was no amendment to the bill,” said Mark Elam, the Governor’s senior legal counsel.

Ms. Gallagher said she believed the teachers’ union had been discriminated against because it has been “outspoken on educational issues and in the political field supporting candidates.”

“We really see no difference in what the organizations are doing,” Ms. Gallagher said of the teachers’ and state employees’ groups. “The only thing different is we’re more vocal than they are.”

In its decision, the appeals court found that the employees’ organization is a “general interest” association open to all state workers, while the teachers’ union is a “special interest” group open only to public-school employees.

Therefore, the court ruled, the legislature’s actions “were reasonable and based on rational distinctions between employee groups and between employers involved."--AB

Events

Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and other jobs in K-12 education at the EdWeek Top School Jobs virtual career fair.
Ed-Tech Policy Webinar Artificial Intelligence in Practice: Building a Roadmap for AI Use in Schools
AI in education: game-changer or classroom chaos? Join our webinar & learn how to navigate this evolving tech responsibly.
Education Webinar Developing and Executing Impactful Research Campaigns to Fuel Your Ed Marketing Strategy 
Develop impactful research campaigns to fuel your marketing. Join the EdWeek Research Center for a webinar with actionable take-aways for companies who sell to K-12 districts.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Education Briefly Stated: February 21, 2024
Here's a look at some recent Education Week articles you may have missed.
8 min read
Education Briefly Stated: February 7, 2024
Here's a look at some recent Education Week articles you may have missed.
8 min read
Education Briefly Stated: January 31, 2024
Here's a look at some recent Education Week articles you may have missed.
9 min read
Education Briefly Stated: January 17, 2024
Here's a look at some recent Education Week articles you may have missed.
9 min read