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Indiana Judge Refuses Union Plea to Stop Disaffiliation

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NEA teacher union officials are fighting to keep another local Indiana affiliate from disaffiliating.  The NEA instituted unified membership in 1972 in its attempt to gain power and prestige as a union.  This was a common union practice before that time and the NEA was not about to let the advantage go unused.   Unified membership meant that when a teacher joins, he or she must join at all 3 levels (local, state and national affiliates), which enhances power and prestige.  School administrators found the practice relieved them from dealing with multiple unions and so embraced the idea.  Many teachers who consult CEAFU declare they would not mind being members of their local union, but do not wish to be part of the state or national unions.  Of course, the national union insists on resolutions and politics that not everyone wishes to pay for or agree with.  Yet, in the past few years, the NEA is experiencing more and more disaffiliations.  Michael Perleberg has the story on eaglecountryonline.com.

 

Last May, the South Dearborn Education Association’s members voted to rescind their affiliation with the Indiana State Teachers Association effective July 31, 2019. The vote by the SDEA’s board and members came as the ISTA sought to make the local union submit to a trusteeship in which the ISTA Trustee would assume total control over the its affairs.

The ISTA filed a lawsuit in Dearborn Circuit Court against the SDEA and its board members on July 30. The state union alleged in its complaint that the SDEA did not comply with the disaffiliation procedure. The ISTA asked a judge to force the SDEA to enforce the immediate trusteeship imposed by the ISTA’s Board of Directors.

In a court filing in response to the complaint, the SDEA’s attorney stated that the procedures the ISTA is relying on to justify its proposed trusteeship were not even part of ISTA’s bylaws at the time the SDEA executive board voted on disaffiliation and decided to submit the issue to the membership, and the membership voted less than three weeks after the bylaws were amended.

“SDEA leadership was not even aware that ISTA had changed its bylaws,” wrote SDEA attorney Jeffrey Macey.

Macey also noted that the SDEA never agreed to the changes in the ISTA bylaws or agree to be bound by them. He also argued that the new ISTA bylaws are inconsistent with Indiana laws governing collective bargaining giving teachers the right to join school employee organizations of their own choosing.

“No teacher in the South Dearborn Community Schools wants to be a member of or to have SDEA affiliated with ISTA. Yet this is exactly what the ISTA is requesting the court to require,” Macer said.

The ISTA has asked Judge James D. Humphrey to grant an emergency injunction immediately preventing the SDEA from leaving until the case is hashed out in court. However, Humphrey denied the ISTA’s request for emergency injunctive relief in an order issued August 5.

“That an insufficient bases has been presented by the Plaintiff for the Court to find that irreparable harm will occur if the emergency injunctive relief requested is not granted,” Humphrey determined.

The matter still at hand for the court and parties is whether the injunction will ultimately be granted or not.