News

Utah paycheck protection law upheld in court

By Sheena Mcfarland

The Salt Lake Tribune
Updated: 04/21/2009 06:40:34 PM MDT

The U.S. 10th Circuit Court of Appeals on Tuesday upheld Utah's so-called Paycheck Protection Act, an expected move after the Supreme Court in February ruled in favor of a similar Idaho law.

Utah's 2001 law prevents unions from automatically withdrawing money from public employees' paychecks to be used for political purposes.

Six labor organizations, including the AFL-CIO and the Utah Education Association, attempted to have the law struck down as unconstitutional, saying it inhibited free speech.

The 10th District Court in Salt Lake City ruled in favor of the unions in 2006. However, after the Supreme Court opinion, the 10th Circuit Court of Appeals in Denver reversed the lower court in upholding Utah's law.

"Utah is under no obligation to aid the Unions' exercise of their First Amendment rights utilizing payroll systems," it ruled.

When the Idaho law ruling came down, Vik Arnold, director of government relations and political actions for the UEA, was disappointed and acknowledged that Utah's law likely would be upheld.

"We will do what we need to do to make sure that teachers' voices will be heard on behalf of their students and the profession," he said at the time.