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Edwards v. Indiana State Teachers Association5/30/2001
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellants-defendants Mike Edwards, Stephen Fleenor, Jennifer Glaser, and Brenda Turk (collectively, the Teachers) appeal the trial court's judgment in favor of the Indiana State Teachers Association (ISTA). As consolidated and restated, they contend: 1) the ISTA lacks standing to sue for unpaid dues; 2) the revocation-of-membership rule violates the First Amendment and Indiana law; and 3) the WCTA changed its revocation-of-membership procedures, making the association's constitution and by-laws inapplicable.
FACTS
The facts most favorable to the judgment are that the Teachers were members of the West Clark Teachers Association (WCTA), the ISTA, and the National Education Association (NEA) during the school year 1997-98. The WCTA is the exclusive bargaining representative for the Teachers, representing them before the school board of the West Clark Community Schools system. In exchange for the WCTA's representation and for membership in the ISTA and NEA, each member agreed to pay on average $482.00 in annual dues. The sum was then divided among the WCTA, the ISTA, and the NEA. The ISTA received the lion's share of the dues, around 70% of the total.
To join each of the organizations, the member had only to sign a consolidated membership form. For the school year 1997-98, atop each form was printed:
National Education Association Indiana State Teachers Association 1997-98 Membership Form Record at 129.
The membership form also contained a blank line for the local organization-the WCTA in this case. By signing the membership form, each member agreed to the following:
I AUTHORIZE MY EMPLOYER TO DEDUCT EACH YEAR MY MEMBERSHIP DUES FOR THE UNIFIED ASSOCIATION AND/OR PAC CONTRIBUTIONS UNLESS I REVOKE THIS AUTHORIZATION IN WRITING THROUGH THE ASSOCIATION. THIS AUTHORIZATION SHALL PERMIT AND ACCEPT ANY CHANGES IN THE AMOUNT OF DUES AND/OR CONTRIBUTIONS OFFICIALLY ADOPTED BY THE RESPECTIVE GOVERNING BODIES UPON CERTIFICATION IN WRITING BY THE LOCAL ASSOCIATION. I AGREE TO ABIDE BY THE CONSTITUTION AND BYLAWS OF EACH ORGANIZATION. R. at 129 (emphasis supplied).
The WCTA provided these cards both to continuing members, who are members belonging to the organizations for more than a year, and new members. Edwards was a new member for the school year 1997-98, so he filled out a blank card with his statistical information and authorized a monthly payroll deduction for dues payment.
Sending the membership cards to continuing members allowed each organization to update its records. According to the membership card, a member's signature was " equired only at initial enrollment or if authorizing a payroll deduction for first time." R. at 129. The three other Teachers in this suit had been members for years. As a result, the WCTA sent them membership cards with their previous statistical information already printed, leaving blank spaces for updated information. For 1997-98, Fleenor inserted his date of birth while Turk inserted her date of birth and changed her surname and phone listing. Glaser, along with Fleenor, struck the "options guaranteed" costs from their dues payment.
While no teacher is forced to join the WCTA, once a teacher does become a member such membership is automatically renewed every year. A year of membership in the WCTA runs from September 1 to August 31. A section of the WCTA's constitution entitled "Continuation of Membership" limits the period within which a member may revoke membership:
All memberships are continuing memberships and will continue in effect from year to year unless the member notifies the As
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