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Employee union files unfair labor complaint against state
Published February 28, 2011 - BizTimes Daily
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The Wisconsin State Employees Union (WSEU), representing thousands of public employees, has filed an unfair labor practice complaint against the state and Gov. Scott Walker.
The complaint was filed by the WSEU, a unit of the AFSCME Council 24, AFL-CIO, with the Wisconsin Employment Relations Commission (WERC) today on behalf of the members of the union.
According to the complaint, the state and union have entered into collective bargaining agreements (CBAs) for more than 30 years. Historically, those agreements are two years in length. In years in which an agreement was expired and a new agreement was not yet reached, the parties entered into extension agreements to continue the status quo until an agreement was reached.
The union’s last CBA with the state expired June 30, 2009. The state and the union agreed to continue the status quo of the previous CBA.
Tentative CBAs were reached in mid-December 2010, subject to the approval of the Wisconsin Legislature.
Walker, who was the governor-elect at the time, asked that the previous legislature refrain from signing new CBAs.
On Feb. 11, Walker, as governor, introduced legislation in special session that would eliminate most collective bargaining rights for members of the union, according to the complaint. The complaint alleges the state violated its own State Employment Labor Relations Act (SELRA).
“The interference with or restraining of employees in the exercise of these rights is an unfair labor practice…Refusal to bargain collectively is an unfair labor practice,” the complaint stated.
The complaint requests that the state be required to bargain collectively with the union.
The union is being represented in the case by Peggy Lautenschlager, former Democratic attorney general who is now an attorney at Bauer & Bach LLC.
The complaint will be served to Walker by the WERC. If the case goes forward, it will be heard by a WERC hearing examiner.
“If this agency concludes that the state violated that law, then we have the authority to require that the state remedy their unfair labor practices,” Peter Davis, general counsel at the WERC, told BizTimes.
Ultimately, a ruling could be appealed to the WERC commissioners, who serve staggered six-year terms.
WERC Chairperson Judy Neumann, who was appointed by former Democratic Gov. Jim Doyle, has two years remaining on her term. Commissioner Susan Bauman’s term will expire Tuesday. She can serve until Walker, a Republican, selects her successor.
The third seat on the commission is vacant and could be filled by a Walker appointee at governor’s discretion, Davis said.
“There’s one vacant position. The governor could appoint someone, and they could be here tomorrow,” Davis said.
In effect, Walker could appoint – and control – two of the three commissioners who could decide the case.
If either party asks for an expedited hearing, it could be completed within 40 days, Davis said.
Employee union files unfair labor complaint against state
Published February 28, 2011 - BizTimes Daily
1 of 11
Next
The Wisconsin State Employees Union (WSEU), representing thousands of public employees, has filed an unfair labor practice complaint against the state and Gov. Scott Walker.
The complaint was filed by the WSEU, a unit of the AFSCME Council 24, AFL-CIO, with the Wisconsin Employment Relations Commission (WERC) today on behalf of the members of the union.
According to the complaint, the state and union have entered into collective bargaining agreements (CBAs) for more than 30 years. Historically, those agreements are two years in length. In years in which an agreement was expired and a new agreement was not yet reached, the parties entered into extension agreements to continue the status quo until an agreement was reached.
The union’s last CBA with the state expired June 30, 2009. The state and the union agreed to continue the status quo of the previous CBA.
Tentative CBAs were reached in mid-December 2010, subject to the approval of the Wisconsin Legislature.
Walker, who was the governor-elect at the time, asked that the previous legislature refrain from signing new CBAs.
On Feb. 11, Walker, as governor, introduced legislation in special session that would eliminate most collective bargaining rights for members of the union, according to the complaint. The complaint alleges the state violated its own State Employment Labor Relations Act (SELRA).
“The interference with or restraining of employees in the exercise of these rights is an unfair labor practice…Refusal to bargain collectively is an unfair labor practice,” the complaint stated.
The complaint requests that the state be required to bargain collectively with the union.
The union is being represented in the case by Peggy Lautenschlager, former Democratic attorney general who is now an attorney at Bauer & Bach LLC.
The complaint will be served to Walker by the WERC. If the case goes forward, it will be heard by a WERC hearing examiner.
“If this agency concludes that the state violated that law, then we have the authority to require that the state remedy their unfair labor practices,” Peter Davis, general counsel at the WERC, told BizTimes.
Ultimately, a ruling could be appealed to the WERC commissioners, who serve staggered six-year terms.
WERC Chairperson Judy Neumann, who was appointed by former Democratic Gov. Jim Doyle, has two years remaining on her term. Commissioner Susan Bauman’s term will expire Tuesday. She can serve until Walker, a Republican, selects her successor.
The third seat on the commission is vacant and could be filled by a Walker appointee at governor’s discretion, Davis said.
“There’s one vacant position. The governor could appoint someone, and they could be here tomorrow,” Davis said.
In effect, Walker could appoint – and control – two of the three commissioners who could decide the case.
If either party asks for an expedited hearing, it could be completed within 40 days, Davis said.
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