CWA Takes Christie to Court Over Unconstitutional Restriction on Workers' Political Participation

TRENTON, NJ -- Four unions filed a legal challenge today to Gov. Christie's unilateral executive order that dramatically limits the ability of working families to participate in the political process in New Jersey. (View the brief by clicking here).

Christie's executive order, issued on January 20, 2010, attempts to expand the state law regulating so-called "pay-to-play" contributions by business entities to include labor unions that are party to collective bargaining agreements with the state.

"Christie is trying to govern by fiat, bypassing the legislature and making up new laws as he sees fit.  That's not the way democracy is supposed to work," said Hetty Rosenstein, state director for the Communications Workers of America.  "And if that's not bad enough, he's wielding that unconstitutional power to take away the First Amendment free speech and associational rights of working families to participate in the political process."

A formal legal opinion issued last week by the State Legislature's Office of Legislative Services came to a similar conclusion.  The legal opinion, issued on February 16, states: "[It] is our opinion that Executive Order No. 7 violates the separation of powers provision of the New Jersey Constitution... [T]he pay-to-play laws do not confer on the Governor the authority to exclude unions from representing public employees because of campaign contributions.”

The State's largest citizen watchdog coalition, New Jersey Citizen Action (NJCA), agreed:  "Governor Christie's executive order is clearly unconstitutional and represents a dangerous attempt to silence the voice of working-class New Jerseyans," said Ev Liebman, director of organizing and advocacy of NJCA.

The unions’ legal brief argues the executive order:

·         violates separation of powers principles because it represents the quintessential exercise of legislative power.   

·         violates the First Amendment of the United States Constitution and similar provisions of the New Jersey Constitution.   

·         violates the Equal Protection guarantees of the Fourteenth Amendment of the United States Constitution 

·         impermissibly expands the definition of “business entity” in the existing pay-to-play statute 

·         incorrectly treats collective negotiations agreements as if they were contracts and agreements covered by the pay-to-play statute 

·         imposes pay-to-play restrictions on local government entities, that far exceed the statutory framework, and 

·         improperly amends and/or repeals sections of the Employer Employee Relations Act.

The unions bringing legal action today include CWA, AFSCME, the International Federation of Professional and Technical Employees-Local 195 and the American Federation of Teachers.  The unions are asking the Appellate Division court to stay the implementation of Christie's order.