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Federal court dismisses meritless lawsuit seeking to silence voices of educators

Bain v. CTA is another attack on educators ‘bankrolled by wealthy special interest groups’

WASHINGTON - September 30, 2015 -

A federal district court in California today dismissed Bain v. California Teachers Association, a lawsuit that sought to undermine the ability of teachers, school employees, and other educators to join together and speak up for public education and their students.

The court concluded that the lawsuit—brought with funding from anti-teacher group Students First against the National Education Association, the California Teachers Association, NEA’s state-level affiliate, and several other unions—was without merit and did not state any viable legal claims. The court’s decision came just days after it heard argument on the union defendants’ motion to dismiss the case.

The following statement can be attributed to NEA President Lily Eskelsen García:

“The National Education Association is pleased that the court today saw through the thinly veiled attempts to silence the voice of educators and rightly dismissed Bain v. California Teachers Association. The court, like every other court that has considered such claims, found the plaintiffs’ case without merit. No teacher is required to join a union and no teacher is required to pay any fees that go to politics or political candidates.

“This case is just another attack on educators and their unions that is being bankrolled by wealthy special interest groups whose objective is to undermine public education. Teachers unions are made up of educators who join together to make their voices heard on issues that affect their students, classrooms and schools.

“The stark reality is that America has swung out of balance. It’s getting harder to get by, let alone get ahead, and the gaps between the haves and have-nots is only widening. This case is about making it even harder for working people—like school bus drivers, nurses, counselors, custodians and classroom teachers—to come together, speak up for their students and each other, and get ahead by negotiating to ensure better learning and working conditions. Lawsuits like Bain v. CTA are just another distraction and do nothing to help students.”

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The National Education Association is the nation’s largest professional employee organization, representing more than 3 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers. Find out more at

CONTACT: Staci Maiers, NEA Communications
202-270-5333 cell,