South Carolina Education Ass'n v. Campbell

883 F.2d 1251, 132 L.R.R.M. (BNA) 2288, 1989 U.S. App. LEXIS 12938, 1989 WL 98750
CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 28, 1989
DocketNo. 88-3605
StatusPublished
Cited by47 cases

This text of 883 F.2d 1251 (South Carolina Education Ass'n v. Campbell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
South Carolina Education Ass'n v. Campbell, 883 F.2d 1251, 132 L.R.R.M. (BNA) 2288, 1989 U.S. App. LEXIS 12938, 1989 WL 98750 (4th Cir. 1989).

Opinion

CHAPMAN, Circuit Judge:

This case involves a challenge by plaintiffs/appellees, the South Carolina Education Association and various members of that organization (hereinafter collectively referred to as “SCEA”), to a statutory arrangement1 they allege was designed specifically to deny the SCEA payroll deduction benefits and thereby impair the effectiveness of the association. In October 1987, the SCEA filed suit pursuant to 42 U.S.C. § 1983 against John T. Campbell, Secretary of State for South Carolina; Carroll Campbell, Governor of South Carolina; and Earle Morris, Comptroller General of South Carolina, all acting in their official capacities. The SCEA asserted that it had been deprived of First and Fourteenth Amendment rights under these state laws.

The series of events giving rise to this action began in May 1979 when the Attorney General of South Carolina issued a nonbinding opinion that no public body could provide voluntary payroll deductions [1253]*1253without statutory authorization. In 1981 the South Carolina General Assembly enacted facially neutral legislation which authorized payroll deductions for contributions to charitable organizations2 but declined to authorize payroll deductions for membership dues to labor organizations or groups which forward the proceeds of deductions to such organizations. Among the groups denied payroll deductions under this legislation was the SCEA.

In 1987, the General Assembly passed permanent legislation, following two years of temporary legislation adopted in 1985 and 1986, authorizing payroll deductions for membership dues to the South Carolina State Employees Association (“State Employees Association”).3 The SCEA characterizes the State Employees Association as a “similarly situated” but “less controversial” organization than the SCEA. The differential treatment as to the statutory authorization for payroll deductions, the SCEA contends, arises from the General Assembly’s disdain for the content of the SCEA’s speech-related activities and its association with the National Education Association (“NEA”). The district court held that by permitting payroll deductions for payment of dues to the State Employees Association but denying the same service to the SCEA the General Assembly violated the SCEA’s First and Fourteenth Amendment rights. The district court did not nullify the state law, but in effect rewrote it by ordering the state and all school districts to extend payroll deductions to the SCEA and its members.

We find the district court’s extensive reliance on the testimony of individual members of the General Assembly as to legislative motive an improper intrusion into the legislative function, and the challenged legislation rationally related to legitimate state interests and does not violate either [1254]*1254the First or Fourteenth Amendments. Therefore, we reverse.

I.

Prior to 1981 the only statutorily authorized payroll deductions for public employees in South Carolina were deductions for federal and state income tax, social security, health and life insurance, and the purchase of savings bonds. It was the longstanding practice of some South Carolina school districts and some state agencies, absent statutory authorization, to deduct voluntarily from their employees’ paychecks the dues for membership in various organizations including the SCEA and the State Employees Association. The State, however, never withheld SCEA dues for teachers employed directly by the State or state agencies.

In May 1979, the Attorney General of South Carolina issued an opinion advising that payroll deductions by public bodies without statutory authorization were improper. This opinion had no binding effect and many school districts continued the practice of voluntarily withholding SCEA membership dues.

In 1980, in order to avoid future challenge of this practice, the SCEA sought statutory authorization for payroll deductions by proposing legislation providing such deductions for “professional associations.” A bill backed by the SCEA received a favorable report from the Senate Education Committee; and after extended debate on the floor, including a filibuster, it passed the Senate. It was late in the legislative session before the bill reached the House, which adjourned before taking action on the measure. In the Autumn of 1980, the South Carolina Comptroller General gave notice that he would cease withholding voluntary deductions from employee paychecks unless specifically authorized by statute. Again, this action did not af-feet the status of SCEA payroll deductions since most SCEA members did not have payroll deductions and were not on the State’s payroll. Other nonprofit organizations were directly affected, including the United Way and Good Health Appeal.

Bills were introduced before the 1981 legislative session to provide for payroll deductions for charitable organizations. While these bills were pending in the South Carolina legislature amendments were introduced to authorize or require school districts to provide payroll deductions for professional associations. The House eventually adopted a proposal providing payroll deductions for charitable organizations, credit unions, and professional associations. The House bill included an amendment (the Marchant Amendment),4 adopted following spirited debate, which prohibited payroll deduction benefits for any entity classified as a labor organization under federal tax or labor law, or which forwarded the proceeds of payroll deductions to such an organization. The companion bill in the Senate, introduced by Senator Heyward McDonald, specifically provided for payroll deductions for the United Way and Good Health Appeal. The legislation was eventually redrafted to permit payroll deductions for contributions to charitable organizations which met six eligibility criteria. This proposal had the effect of foreclosing payroll deduction services to the SCEA, the State Employees Association, and all professional associations representing state employees. Other amendments proposed to permit payroll deductions for payment of dues to professional associations were narrowly defeated.

A conference committee was appointed to reconcile the House and Senate bills. A couple of conference reports were rejected before language acceptable to both the House and Senate was adopted. The legis[1255]*1255lation eventually emerged as passed by the Senate, but included the House amendment pertaining to labor organizations. The bill was passed by the General Assembly and signed into law in June 1981.

Following the enactment of the 1981 legislation the school districts discontinued deducting SCEA dues from their employees’ paychecks. The SCEA contends that “[tjhis sudden and uniform loss of payroll deduction across the State had a devastating effect upon the SCEA’s membership, financial standing and advocacy program.” According to testimony before the district court, however, the SCEA had experienced a steady drop in membership since 1975, long before termination of payroll deductions services. Appellants suggest that declining membership was the result of internal organizational problems, increasing membership dues, competition from a rival education association, and controversial positions adopted by the SCEA.

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Bluebook (online)
883 F.2d 1251, 132 L.R.R.M. (BNA) 2288, 1989 U.S. App. LEXIS 12938, 1989 WL 98750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-carolina-education-assn-v-campbell-ca4-1989.