Teaching Profession

EEOC Directs Ohio Union To Modify ‘Agency Fee’ Rules

By Bess Keller — May 29, 2002 2 min read
  • Save to favorites
  • Print

A federal agency has directed a state teachers’ union for the second time to drop its requirement that nonunion teachers who object to paying union fees on religious grounds reiterate their objections annually.

But the Ohio Education Association says it has already revised its practice, allowing teachers to file their objections every three years instead.

The Cleveland regional office of the U.S. Equal Employment Opportunity Commission made a determination this month in a case originally brought by Dennis Robey, a teacher in the Huber Heights, Ohio, district near Dayton. Mr. Robey, who chooses not to be a member of the local teachers’ union, elected to have his “agency fee” go to a charity rather than to the local union and the state and local unions with which it is affiliated.

Regardless of their membership status, teachers in states with collective bargaining laws must pay such a fee, which is levied in exchange for representation by the union. But payers of the fee are allowed under Ohio law to ask for redirection of the money if they object for religious reasons to a union position.

Mr. Robey complained this year and last that the OEA and its parent and local affiliate took too long to send his agency-fee rebate to Habitat for Humanity, his chosen charity.

The National Right to Work Legal Defense Foundation, a Springfield, Va.-based group that opposes compulsory unionism, expanded the complaint to the requirement that nonunion teachers with religious objections state them annually.

“Mr. Robey had basically to jump through hoops and prove he’s religious enough to get this status,” said Daniel Cronin, the director of legal information at the foundation.

But Christopher Lopez, a lawyer for the Ohio Education Association, an affiliate of the National Education Association, said the form Mr. Robey was asked to fill out had been introduced three years ago to make it easier to register an objection. The one-page form asks several questions, such as “What specific religious belief(s) and/or doctrines support(s) your request for an accommodation?” It also directs the applicant to enclose documentation.

Seeking Conciliation

Starting this year, the Ohio union intends to require the form no more than every three years, Mr. Lopez said. Mr. Cronin of the right-to-work foundation characterized that change as “mission accomplished.”

Mr. Robey could not be reached for comment. A spokesman for the Cleveland office of the EEOC would not discuss any of the complaints or determinations, saying it keeps such matters confidential as long as conciliation between the parties is being attempted.

“We’re anxious to conciliate this,” said Mr. Lopez of the OEA. He said a conciliation agreement on filing frequency would have been signed last year had it not been for what he called incorrect terminology in the document. He added that Mr. Robey’s complaint about how long it takes for the agency-fee rebate to make its way to the designated charity might be trickier to resolve.

“What he’s in essence asking us to do is advance the money to the charity when we haven’t even collected the money,” Mr. Lopez added.

Mr. Robey filed his objection in January 2001, and the contribution was made in his behalf last September, just after all dues have been collected for the year, according to Mr. Lopez.

Related Tags:

A version of this article appeared in the May 29, 2002 edition of Education Week as EEOC Directs Ohio Union To Modify ‘Agency Fee’ Rules

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Exposure to Experience: Designing Accessible Work-Based Learning
Learn how schools can create meaningful experiences that help every student build skills, connections, and a clearer path to their future.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
A Tale of Two School Districts: Forecasting Enrollment
Forecasting enrollment is hard. Here’s how two different districts are navigating times of change with data that considers the whole picture.
Content provided by Zonda Education
Reading & Literacy K-12 Essentials Forum Strategies to Create a Culture of Reading in Schools
Join this free virtual event to learn how teachers and school district leaders ensure students are reading enough.

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

Teaching Profession Managing Teacher Attendance: Tips for Education Leaders
A short guide can help you think through the complexities of teacher absenteeism.
1 min read
Image of teacher support
DigitalVision Vectors + Getty
Teaching Profession The Data on Teacher Absenteeism Can Be Misleading. Here's What to Know
Partly due to leave policies, a third of teachers miss 10+ days of school per year. Can districts curb the absences?
6 min read
An elementary classroom is stocked with school supplies at BASIS Flagstaff on Thursday, Aug. 6, 2026, in Flagstaff, Arizona.
An elementary classroom at a public charter school on Aug. 6, 2026, in Flagstaff, Ariz. New data from the U.S. Department of Education finds that teacher absenteeism has risen.
Cheyanne Mumphrey/AP
Teaching Profession Opinion No, Self-Directed Learning Doesn't Make Teachers Obsolete
When students own their own learning, professional expertise becomes more important.
Tyler Thigpen & George Philhower
•
5 min read
Collage-style illustration of a young student standing on a dotted line path that zig-zags from the bottom of the frame to the top right. The student is wearing a backpack and pointing to a yellow circle on the end of the path at the top right. At the bottom of the frame a teacher's hand is open and facing upwards at the beginning of the dotted path. Smaller yellow dots are placed along the path, near the teacher's hand and where the student is standing.
Illustration by Emily Wright for Education Week + Getty
Teaching Profession Opinion ‘Can I Go to the Bathroom?’: How Even Teachers' Smallest Judgment Calls Add Up
Teaching is a constant exercise in emotional triage.
Heidi Wells
•
3 min read
A teacher is overwhelmed by the constant decision making of an educator's job. Educational triage. Burnout.
Vanessa Solis/Education Week + Getty