Campaign Activities by Teachers
On Campus Political Activity In General
School employees have the right, under the employee participation and
organization access provisions of the Educational Employment Relations Act
(EERA) and under Ed. Code Sec. 7052 to engage in political activity (discussions
and meetings) on the employer’s premises, including discussing union
endorsement of candidates and initiatives in partisan and non-partisan political
campaigns, distributing union literature containing such information, posting
related information on union bulletin boards, and soliciting union members to
participate in political activities. Such meetings and activities on school grounds
should only occur during nonworking time, i.e., before or after school, during
lunch or other non-duty break time during the work day. These activities should
be limited to bargaining unit members and cannot involve students or parents.
In addition to these organization rights, school employees may fully exercise
constitutional speech and association rights while on the premises of a public
school, subject only to narrow time, place, and manner restrictions. Such
restrictions may not be based on the content of the speech and may not
prohibit speech which does not disrupt the educational or other activities of the
employer.
School employees (who are not union officers or representatives) may solicit
and receive financial contributions to promote or defeat ballot measures that
would affect wages, hours, retirement or other working conditions as
employees of that district. Such solicitations must be conducted during non-duty
time. Union officers and representatives may solicit and receive funds from
members to promote the support or defeat of any ballot measure (but not
candidates) on school property during non-duty time.
Special Rules for Federal Elections
Local chapters should not communicate with the general public regarding any
endorsements for federal election campaigns on their websites. Thus, do not
place endorsements of candidates for federal office on association websites.
Pursuant to federal campaign finance laws, reporting requirements are
triggered even when unions limit their communications regarding federal
elections to their own members. We are therefore leaving intra-union
communication regarding federal candidates to NEA.
Please do not use local association resources, such as telephones, (including
cell phones), staff time, copy or fax machines, etc., in any federal campaign,
unless directed to do so by CTA.
Special Rules for State Candidate Elections
California has strict limits on campaign contributions for candidates. However, a
union’s communications to its own members is not a contribution within the
meaning of Proposition 34. If your chapter intends to conduct an external
campaign, and/or make contributions to any state candidate, it must do so
through a political action (state) committee.
Wearing Political Buttons On Campus
School employees may wear political buttons even while they are teaching if
the district has no policy prohibiting wearing buttons. However, even if a district
has a policy, school employees may wear partisan campaign buttons while they
are on duty and not providing classroom instruction. School employees may
also discuss political issues on campus when they are not engaged in
instructional activity. Districts may not prohibit wearing political buttons at other
locations and times on the campus, even if students are present. Teachers
may, for example, wear political buttons at Back-to-School Nights.
Using Faculty Mailboxes
The California Supreme Court has settled the question of whether unions may
use school mailboxes to communicate to members regarding election campaign
recommendations. In San Leandro Teachers Assn. v. San Leandro USD, 46 Cal.
4th 822 (2009) the Court held that school district may (but are not required to)
prohibit unions from using school mailboxes to convey messages that urge the
support or defeat of any candidate. This decision is very narrow and does not
apply to other types of political messages, such as urging members to write
their elected representatives concerning particular legislation. The Court also
declined to rule whether the mailbox prohibition applies to communication
about endorsement of or opposition to ballot initiatives, as that issue was not
before it in San Leandro.
If your school district does not have a policy prohibiting use of the school
mailboxes for candidate campaign information, we urge local associations to
continue to use teacher mailboxes within the following parameters:
1) campaign flyers must be produced by a local association, CTA or NEA;
2) campaign flyers must address only bargaining unit members; and
3) campaign flyers must refer to the association’s endorsement of a candidate
or ballot measure.
If a school district prohibits the use of school mailboxes for distribution of
campaign literature, there are several options that bypass the mailboxes. You
can leave the literature on tables in the faculty lunch area. You may pass
leaflets to unit members during non-duty hours, or distribute them at faculty
meetings, provided there is time reserved at those meetings for union
business.
Union Meetings on Campus
Unions may conduct meetings for bargaining unit members on campus to
discuss political issues. PERB has recently affirmed this right in Desert CCD
(2007) PERB Dec. No. 1921, at least with respect to local school board
elections. Such meetings should be held only during off-duty time. Unions are
not required to use Civic Center Act procedures to schedule space for such
meetings, since the union’s right of access to district property for union
meetings is guaranteed by EERA. However, associations should follow the
district’s procedures for scheduling meeting rooms. Education Code §7058 also
guarantees the use of a forum under the control of the district if the forum is
made available to all sides on an equitable basis.
School districts may regulate political activities of school officers and employees
on campus, subject to certain Education Code sections (7050 through 7054)
that prohibit expenditure of public funds or the use of district services, supplies,
or equipment to promote or oppose candidates in an election campaign.
However, the state and federal constitutions mandate that: 1) regulation of
political speech must be narrowly tailored to further a compelling interest of the
state, i.e., avoiding substantial disruption of students; and 2) the regulation
must be the least restrictive alternative.
Challenging District Regulations
If a school district imposes regulations which are unreasonable as written, or
as interpreted and applied, teachers face a difficult decision. If the regulations
are unconstitutional, they are unenforceable and violation of them may not be
punished. However, the decision concerning the lawfulness of any regulation is
a complex legal matter. Therefore, it is advisable in the face of such a dilemma
to obey the regulations and challenge them, either through the contractual
grievance procedure, if applicable, or court action.
Questions regarding school district policies and practices concerning campaign
activities should be directed first to CTA regional political consultants and then
to Assistant Chief Counsel Priscilla Winslow in Burlingame or Staff Attorney
Rosalind Wolf in Santa Fe Springs.
School employees have the right, under the employee participation and
organization access provisions of the Educational Employment Relations Act
(EERA) and under Ed. Code Sec. 7052 to engage in political activity (discussions
and meetings) on the employer’s premises, including discussing union
endorsement of candidates and initiatives in partisan and non-partisan political
campaigns, distributing union literature containing such information, posting
related information on union bulletin boards, and soliciting union members to
participate in political activities. Such meetings and activities on school grounds
should only occur during nonworking time, i.e., before or after school, during
lunch or other non-duty break time during the work day. These activities should
be limited to bargaining unit members and cannot involve students or parents.
In addition to these organization rights, school employees may fully exercise
constitutional speech and association rights while on the premises of a public
school, subject only to narrow time, place, and manner restrictions. Such
restrictions may not be based on the content of the speech and may not
prohibit speech which does not disrupt the educational or other activities of the
employer.
School employees (who are not union officers or representatives) may solicit
and receive financial contributions to promote or defeat ballot measures that
would affect wages, hours, retirement or other working conditions as
employees of that district. Such solicitations must be conducted during non-duty
time. Union officers and representatives may solicit and receive funds from
members to promote the support or defeat of any ballot measure (but not
candidates) on school property during non-duty time.
Special Rules for Federal Elections
Local chapters should not communicate with the general public regarding any
endorsements for federal election campaigns on their websites. Thus, do not
place endorsements of candidates for federal office on association websites.
Pursuant to federal campaign finance laws, reporting requirements are
triggered even when unions limit their communications regarding federal
elections to their own members. We are therefore leaving intra-union
communication regarding federal candidates to NEA.
Please do not use local association resources, such as telephones, (including
cell phones), staff time, copy or fax machines, etc., in any federal campaign,
unless directed to do so by CTA.
Special Rules for State Candidate Elections
California has strict limits on campaign contributions for candidates. However, a
union’s communications to its own members is not a contribution within the
meaning of Proposition 34. If your chapter intends to conduct an external
campaign, and/or make contributions to any state candidate, it must do so
through a political action (state) committee.
Wearing Political Buttons On Campus
School employees may wear political buttons even while they are teaching if
the district has no policy prohibiting wearing buttons. However, even if a district
has a policy, school employees may wear partisan campaign buttons while they
are on duty and not providing classroom instruction. School employees may
also discuss political issues on campus when they are not engaged in
instructional activity. Districts may not prohibit wearing political buttons at other
locations and times on the campus, even if students are present. Teachers
may, for example, wear political buttons at Back-to-School Nights.
Using Faculty Mailboxes
The California Supreme Court has settled the question of whether unions may
use school mailboxes to communicate to members regarding election campaign
recommendations. In San Leandro Teachers Assn. v. San Leandro USD, 46 Cal.
4th 822 (2009) the Court held that school district may (but are not required to)
prohibit unions from using school mailboxes to convey messages that urge the
support or defeat of any candidate. This decision is very narrow and does not
apply to other types of political messages, such as urging members to write
their elected representatives concerning particular legislation. The Court also
declined to rule whether the mailbox prohibition applies to communication
about endorsement of or opposition to ballot initiatives, as that issue was not
before it in San Leandro.
If your school district does not have a policy prohibiting use of the school
mailboxes for candidate campaign information, we urge local associations to
continue to use teacher mailboxes within the following parameters:
1) campaign flyers must be produced by a local association, CTA or NEA;
2) campaign flyers must address only bargaining unit members; and
3) campaign flyers must refer to the association’s endorsement of a candidate
or ballot measure.
If a school district prohibits the use of school mailboxes for distribution of
campaign literature, there are several options that bypass the mailboxes. You
can leave the literature on tables in the faculty lunch area. You may pass
leaflets to unit members during non-duty hours, or distribute them at faculty
meetings, provided there is time reserved at those meetings for union
business.
Union Meetings on Campus
Unions may conduct meetings for bargaining unit members on campus to
discuss political issues. PERB has recently affirmed this right in Desert CCD
(2007) PERB Dec. No. 1921, at least with respect to local school board
elections. Such meetings should be held only during off-duty time. Unions are
not required to use Civic Center Act procedures to schedule space for such
meetings, since the union’s right of access to district property for union
meetings is guaranteed by EERA. However, associations should follow the
district’s procedures for scheduling meeting rooms. Education Code §7058 also
guarantees the use of a forum under the control of the district if the forum is
made available to all sides on an equitable basis.
School districts may regulate political activities of school officers and employees
on campus, subject to certain Education Code sections (7050 through 7054)
that prohibit expenditure of public funds or the use of district services, supplies,
or equipment to promote or oppose candidates in an election campaign.
However, the state and federal constitutions mandate that: 1) regulation of
political speech must be narrowly tailored to further a compelling interest of the
state, i.e., avoiding substantial disruption of students; and 2) the regulation
must be the least restrictive alternative.
Challenging District Regulations
If a school district imposes regulations which are unreasonable as written, or
as interpreted and applied, teachers face a difficult decision. If the regulations
are unconstitutional, they are unenforceable and violation of them may not be
punished. However, the decision concerning the lawfulness of any regulation is
a complex legal matter. Therefore, it is advisable in the face of such a dilemma
to obey the regulations and challenge them, either through the contractual
grievance procedure, if applicable, or court action.
Questions regarding school district policies and practices concerning campaign
activities should be directed first to CTA regional political consultants and then
to Assistant Chief Counsel Priscilla Winslow in Burlingame or Staff Attorney
Rosalind Wolf in Santa Fe Springs.
Washington Teachers Association
316 Webster Street
West Sacramento CA 95691
(916) 371-0882
Send us an email
316 Webster Street
West Sacramento CA 95691
(916) 371-0882
Send us an email
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West Sacramento CA
The following information is from CTA Legal Services, and is based on the law just
before the 2010 general election. Some members may have questions about
permissible campaign activities during the school day and on school district
premises. The following is a summary of applicable law.
before the 2010 general election. Some members may have questions about
permissible campaign activities during the school day and on school district
premises. The following is a summary of applicable law.