Judgment Entered for WILL Clients in Act 10 Case
Today, the Waukesha Circuit Court has entered a judgment that requires the Wisconsin Employment Relations Commission (WERC) to begin union certification elections for school district employees before December 1, 2013. The judgment was agreed to by both parties in Rosno v. WERC, a lawsuit filed by WILL and the National Right to Work Legal Defense Foundation on behalf of public school teachers from Milwaukee, La Crosse, Racine, and Waukesha.
Rick Esenberg, WILL President and General Counsel, explains, “Today’s order is consistent with the position taken by WERC following the state Supreme Court’s vacation of a contempt order purporting to block such elections. We welcome today’s order as a recognition of our clients’ right to vote on whether they will continue to be represented by a union.”
On October 30, 2013, WILL filed a lawsuit in Waukesha County against the Wisconsin Employment Relations Commission (WERC) asking the judge to honor and uphold the teachers’ full Act 10 rights, including the right to vote in upcoming union certification elections. Last week, the Wisconsin Supreme Court overturned Dane County Judge Juan Colás’ contempt order against WERC. Consequently, WERC, represented by the Department of Justice, has agreed to commence holding certification elections before December 1st.
Under Wisconsin law, Act 10, all general public sector unions must be certified by the public employees they claim to represent. The unions must receive at least 51% approval of all employees. Failure to do so will result in the union being de-certified.
A copy of the judgment is available here.