{"id":1960,"date":"2008-02-06T00:00:00","date_gmt":"2008-02-06T05:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"-0001-11-30T04:00:00","slug":"special-legal-notice-to-california-teachers-how-to-get-at-least-a-300-refund-of-cta-nonbargaining-expenses-1","status":"publish","type":"page","link":"https:\/\/www.nrtw.org\/es\/special-legal-notice-to-california-teachers-how-to-get-at-least-a-300-refund-of-cta-nonbargaining-expenses-1\/","title":{"rendered":"Special Legal Notice to California Teachers: How to Get at Least a $300 refund of CTA Nonbargaining Expenses"},"content":{"rendered":"

Sample letter for CTA MEMBERS<\/strong> to get your Forced Dues Refund<\/A>   |   
\nCTA NON-MEMBERS<\/strong>, click here<\/a><\/span><\/p>\n

Foundation attorneys in 1997 entered into a settlement agreement for California
\nteachers with the California Teachers Association (CTA) which protects teachers’
\nrights under Foundation-established Supreme Court precedents. If you are
\na California teacher, this could save you hundreds of dollars every year<\/strong>.
\nHere are the details.<\/p>\n

Background:<\/strong> SB 1960 or union contracts require the school district to automatically deduct a \u00abservice fee\u00bb for the union as a condition of employment.
\nAs a result of a Foundation
\nsupported victory before the U.S. Supreme Court in Lehnert
\nv. Ferris Faculty Assn.\/MEA\/NEA<\/i><\/A>, nonmembers of the union do not have
\nto pay a fee equal to union dues. At most they can be required to pay a fee
\nthat reimburses the union for what the union can prove it spent for collective
\nbargaining, contract administration and grievance adjustment. Nonmembers who
\ninvoke their rights cannot be forced to pay for several of the union’s expenses,
\nincluding its political and ideological expenses. Click
\nhere<\/A> if you would like to see a list of expenses which the Supreme Court
\nhas ruled cannot be charged to nonmembers.<\/I><\/p>\n

Last year, the National Education Association and the California Teachers Association admited that about 45% of their expenses are not chargeable under Supreme Court precedents. This means that nonmembers who apply for the rebate end up paying only about 55% of dues instead of 100% of dues. Although the amount of unified dues varies for members of the California Teachers Association, the amount of the savings is at least $300 per year. (If you do this during the middle of the school year, you will receive a pro-rated refund for the rest of that school year.)<\/p>\n

How To Save Hundreds of Dollars<\/strong>: You must follow these simple procedures
\nto stop the California Teachers union from using your money to support its politics.
\nThese procedures come from the settlement agreement in Apple v. CTA<\/I>,
\nCase no. 96 1904 K JFS (SD Cal. 1997) and prior U.S. Supreme Court precedent.<\/p>\n

* You must resign from the union<\/strong>. The union will not let members pay
\n less than full union dues. The union will not let you be a member of the local
\n without also being a member of the CTA and NEA. In the Apple<\/I> case the
\n California Teachers Association agreed to recognize the right to union members
\n to resign their CTA, NEA and local association memberships at any time!<\/I>
\n This also includes the right of employees working under a "maintenance
\n of membership" agreement in a union contract to resign their union membership
\n and pay the reduced fees discussed here. No longer will these "maintenance
\n of membership" agreements require union members to remain members of
\n the union until the end of the union contract.<\/p>\n

* If you request your rebate between September 1 and November 15<\/strong>, you will receive your rebate check within 30-45 days. Click
\n here for a sample letter<\/a>. Make three copies:
\n * Send one to Agency Fee Rebate, CTA Membership Accounting Dept., P.O. Box 4178, Burlingame, CA 94011-4178;
\n * Send one copy to the attorney Milton Chappell, who represents the teachers in the Apple<\/em> case, and,
\n * Keep the third copy for your records.You should receive your rebate of $300 or more within 30 days.<\/p>\n

* To resign from the union<\/strong>, send in a resignation letter (click
\n here<\/A> for a sample letter) to your local union. Make four copies:
\n * Send one to Agency Fee Rebate, CTA Membership Accounting Dept., P.O. Box
\n4178, Burlingame, CA 94011-4178;
\n * Send one to your local association president;
\n * Send one copy to the attorney Milton Chappell, who represents the teachers in the Apple<\/i> case, and,
\n * Keep the fourth copy for your records.<\/p>\n

If you have any problems with either the union or the school district, you
\nmay call the Foundation toll free at 1-800-336-3600, or e-mail
\nthe Foundation’s Legal Department<\/a>, for free help.<\/p>\n

Mr. Chappell’s address is:
\n> Milton Chappell
\n> National Right to Work Legal Defense Foundation
\n> 8001 Braddock Road, Suite 600
\n> Springfield, VA 22160<\/p>\n

What Happens If I Resign?<\/strong>: You have a constitutional and statutory right
\nnot to pay for any union activities other than collective bargaining. You will
\nnot be subject to union discipline and regulations for objecting to paying full
\nunion dues. Furthermore, it is illegal for either the union or employer to discriminate
\nagainst nonmembers in the terms, conditions, wages, benefits, etc. of employment
\ncovered by the collected bargaining agreement.<\/p>\n

However, nonmembers can be denied the right to ratify the collective bargaining
\nagreement and vote on union officers, representatives, and delegates.<\/p>\n

<\/A>It is only in the area of internal union affairs,
\nincluding benefits that are not paid for by the employer under the collective
\nbargaining agreement, that the union can lawfully discriminate against
\nnonmembers. This may include pension and insurance rights that are paid
\nfor only by union members with their dues. Click here<\/A>
\nfor further information about insurance rights. <\/I><\/p>\n

The decision whether or not to be a union member must be made by you.
\nThis information does not advocate resigning or remaining in the CTA. It
\nonly explains your legal and constitutional right to pay less and not support
\nthe union’s politics.<\/p>\n

The California Public Employment Relations Board (PERB) has further explained
\nyour rights in its Agency Shop Fee Regulations. Click
\nhere<\/A> if you would like to read those regulations.<\/I> If your union and
\nemployer are not in compliance with the PERB regulations, you may file an unfair
\nlabor practice charge against them with your nearest PERB regional office. Claims
\nto recover fees illegally collected more than six months prior to filing of
\ncharges may be time barred, so it is important to pursue your claims promptly.<\/p>\n

\n<\/A>Most insurance — from liability to supplemental income —
\nCTA provides its members can be secured form alternative sources. Both the Association
\nof American Educators, 27405 Puerta Real, Suite 230, Mission Viejo, CA 92691
\n(1-800-704-7799) and the Christian Educators Association International,
\nP.O. Box 41300, Pasadena, CA, 91114-8300 (1-888-798-1124) offer their members
\na million dollar liability policy and other insurance that match or exceed the
\npolicies offered by the NEA to its members. You may also want to check with
\nyour school employer. Most schools carry or provide liability coverage for their
\nteacher employees. Even the NEA Today (10-94), admitted that "your school
\ndistrict should provide you with primary coverage." If not, some homeowners
\nor renters insurance may allow you to add a liability clause to your policy
\nfor a nominal fee. Thus, NEA’s Educators Employment Liability Policy kicks in
\nafter any insurance available though the school district, does not cover intentional
\nwrong-doing, and limits coverage in civil rights cases to $250,000.00, instead
\nof the advertised $1 million. NEA Today (04-93). <\/p>\n

Back to Text<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Sample letter for CTA MEMBERS to get your Forced Dues Refund   |    CTA NON-MEMBERS, click here Foundation attorneys in 1997 entered into a settlement agreement for California teachers with the California Teachers Association (CTA) which protects teachers’ rights under Foundation-established Supreme Court precedents. If you are a California teacher, this could save you hundreds of dollars […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"class_list":["post-1960","page","type-page","status-publish","hentry"],"yoast_head":"\nSpecial Legal Notice to California Teachers: How to Get at Least a $300 refund of CTA Nonbargaining Expenses - National Right to Work Foundation<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.nrtw.org\/special-legal-notice-to-california-teachers-how-to-get-at-least-a-300-refund-of-cta-nonbargaining-expenses-1\/\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Special Legal Notice to California Teachers: How to Get at Least a $300 refund of CTA Nonbargaining Expenses - National Right to Work Foundation\" \/>\n<meta property=\"og:description\" content=\"Sample letter for CTA MEMBERS to get your Forced Dues Refund   |    CTA NON-MEMBERS, click here Foundation attorneys in 1997 entered into a settlement agreement for California teachers with the California Teachers Association (CTA) which protects teachers’ rights under Foundation-established Supreme Court precedents. 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