Continuing Membership Affirmation

In its Edwards v. Indiana State Teachers Association, the Indiana Court of Appeals affirmed the right of ISTA, NEA and its local affiliates to follow and enforce a continuing membership program. That decision came about in 2001 and the court reasoned:


The costs of administration would plainly be higher if the union were required to handle objections on a rolling basis throughout the year. Furthermore, such a system would make it somewhat more difficult to create an annual budget for the non-representational activities of the union, because the revenue side of the balance book would always be in doubt . . . .

It is not unreasonable for a union to require existing members or full fee nonmembers to voice their objections in a timely fashion, and to be aware that the price of not doing so will be to wait at most ten or eleven months before implementing their new status. Life is full of deadlines, and we see nothing particularly onerous about this one. When people miss the deadline for filing an appeal to this Court, their rights can be lost forever, not just for eleven months, but that does not make time limits for filing appeals in violation of the law.

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