MacIver News Service | October 10, 2013[Milwaukee, Wisc…] The Wisconsin Institute for Law and Liberty filed an amicus brief on Wednesday, which opposes a motion from multiple unions that claims Wisconsin Employment Relation Commission (WERC) commissioners should face retribution for allowing public union recertification votes to happen this coming November.
Four public school teachers that would like to vote for or against recertification of their union are represented by WILL and under Act 10, public unions are required to recertify annually.
The unions in the case claim the ruling by Judge Juan Colas gives them the ability to forego any recertification votes, as they think Act 10 is unconstitutional. WILL, however, says that these unions are not parties to the Colas lawsuit and therefore are not affected by his decision.
WILL laid out their arguments in a press release:
“First, it points out that the unions’ motion would affect over 2,000 units of local government and tens of thousands of public employees who are not parties to the case and whose voices cannot be heard. Second, it argues that all those people and government entities are still bound by Act 10, and WERC must recognize that fact in its dealings with them. Third, it demonstrates that prohibiting recertification elections can hurt even those who support unionization, because when Act 10 is upheld by the supreme court, those unions who did not stand for recertification will lose their status as bargaining agents. Finally, it reminds Judge Colas that the supreme court currently has jurisdiction over the case and he lacks the authority to extend the reach of his decision statewide.”
The Wisconsin Supreme Court is expected to hear oral arguments for the Act 10 case in November.
The full press release from WILL can be seen here.