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FOR IMMEDIATE RELEASE
February 14, 2003

News Release

NEA Affiliates Challenge Department of Labor on Landrum-Griffin Act Coverage

Thirty-two NEA state affiliates filed a lawsuit today against the Department of Labor ("DOL") charging DOL with exceeding its authority to regulate labor organizations. The lawsuit asks the court to reject DOL's contention that the state associations are covered by the Labor Management Reporting and Disclosure Act -- also known as the Landrum-Griffin Act -- and prevent DOL from demanding that the associations file the reports required by the Act. The Landrum-Griffin Act regulates only organizations that represent employees who are employed in the private sector. None of the state associations that filed this lawsuit represent any private sector employees.

The lawsuit was filed in the United States District Court for the District of Columbia. It alleges that the position taken by DOL with regard to coverage is contrary to the language of the Landrum-Griffin Act, the Act's legislative history, all of the relevant court rulings, and DOL's own long-standing regulations.

NEA President Reg Weaver made these comments:

"The law on this point has been clear for decades. Organizations that represent only public employees, such as those employed in public schools, are not covered by the Landrum-Griffin Act. Labor organizations that represent these employees have no bargaining rights under federal law, and it is unfair to subject them to a law that is intended to regulate labor organizations that represent employees who have federal bargaining rights."

"NEA and its affiliates are among the most open and democratically run organizations in the country. We keep our members fully informed about our programs, budgets, and policies."

"The Department of Labor's departure from well-established law with regard to Landrum-Griffin Act coverage -- particularly when viewed together with the anti-union changes that the Department recently has proposed in the Landrum-Griffin Act reporting requirements -- appears to be motivated by an ill-will toward unions in general, and NEA and its affiliates in particular."

NEA is not a party to the lawsuit. Because it represents a very small number of private sector employees, NEA already complies with the Landrum-Griffin Act.

The state associations that are plaintiffs in the lawsuit are: Alabama Education Association, NEA-Alaska, Arizona Education Association, Arkansas Education Association, Colorado Education Association, Connecticut Education Association, Delaware State Education Association, Georgia Association of Educators, Hawaii State Teachers Association, Idaho Education Association, Indiana State Teachers Association, Iowa State Education Association, Kansas NEA, Kentucky Education Association, Louisiana Association of Educators, Maryland State Teachers Association, Mississippi Association of Educators, Missouri NEA, Nevada State Education Association, NEA-New Hampshire, North Carolina Association of Educators, North Dakota Education Association, Oklahoma Education Association, Oregon Education Association, The South Carolina Education Association, South Dakota Education Association, Tennessee Education Association, Virginia Education Association, Washington Education Association, West Virginia Education Association, Wisconsin Education Association Council, and Wyoming Education Association.

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The National Education Association is the nation’s largest professional employee organization, representing 2.7 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators, and students preparing to become teachers.