Three of Tennessee’s teacher associations have filed a lawsuit against Tennessee over a new law prohibiting payroll deductions for labor association dues. The law, scheduled to go into effect on July 1, includes provisions for increased educator pay.
Governor Bill Lee and Interim Education Commissioner Sam Pearcey are named in the lawsuit. TEA is asking for a restraining order and temporary and permanent injunctions on the payroll dues deduction ban.
A severability clause that would guarantee teacher raises remain intact if another section of the law is challenged or overturned is not included in the law. Therefore, if an injunction is granted, teacher raises could be put on hold while the legal process unfolds.
The law raises the minimum teacher salary to $42,000 starting July 1. Future salaries will be increased annually until the starting salary reaches $50,000 in five years.
The Tennessee Education Association (TEA), along with the Knox County, Lawrence County, and Metropolitan Nashville Education associations, allege that the law violates the Tennessee Constitution, specifically the portion that prohibits a bill from becoming law if it “embraces more than one subject.”
TEA said that teacher pay raises and payroll deductions for union dues are independent issues.
During his testimony before the State House Education Committee this spring, TEA’s chief lobbyist Jim Wrye praised Lee for his proposed salary increases. After telling legislators he was “proud to work in a right-to-work state,” Wrye asked that lawmakers separate pay and union dues and leave the current payroll deduction system in place.
Some House lawmakers agreed and, at a later session, introduced an amendment to separate the two entities. That amendment was negated when State Representative Mark White (R-Memphis) proposed a second amendment that would restore the bill to the Senate version, including the salary increase and the ending of payroll deduction.
White’s amendment passed by a vote of 53-46. The vote for adoption passed by a vote of 90-88.
TEA now takes its objections to court.
“Sliding a payroll dues deduction ban in a bill to raise the minimum pay was a cynical attack on Tennessee teachers. The ban was mean-spirited, and the way it passed was unconstitutional,” said TEA President Tanya Coats. “We filed this suit to protect the rights of our members and highlight the missteps made by the administration when they pushed this attack on teachers. We look forward to our day in court.”
TEA further argued that the law singles out teachers by allowing payroll deductions for dues to remain intact for firemen, police, and other government employees.
“Singling out teachers we find is grossly unfair. They would be the only public employees explicit in the law if this were to pass that would ban payroll dues deduction,” said Wrye during House testimony.
Senate State Education Committee Chair Senator Jon Lundberg(R-Bristol) is unsympathetic to TEA’s argument. He told The Tennessee Star over the phone, “I believe the prohibition on automatic dues deduction is a policy the Legislature should enact with every public agency. I don’t think we should be in the business of collecting political dues period.”
Lundberg added. “Nobody is prohibiting anyone from joining a union, just the ability to have dues payroll deducted.”
TEA currently has 41,000 members statewide.
A recent News 5 investigative report showed TEA among Tennessee’s top contributors to political campaigns. TEA fund for children and public education contributed just shy of $440k between 2017 – 2021.
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TC Weber is a reporter at The Tennessee Star and The Star News Network. He writes the blog Dad Gone Wild. Follow TC on Twitter. Email tips to [email protected]. He’s the proud parent of two public school children and the spouse of a public school teacher.
