AN IMPORTANT COURT DECISION – Regarding Public Sector Union Representatives
AN IMPORTANT COURT DECISION
Regarding Public Sector Union Re-certification
By William A. Franks, Jr.
An important Court Decision regarding Public Sector Union Re–certification was issued by the Honorable John J. DiMotto, Milwaukee County Circuit Court, Branch 41, on July 31, 2015.
The Plaintiffs, the Service Employees International Union (SEIU), Local 150, and the Wisconsin Association of State Prosecutors (ASP), prevailed in four (4) cases filed against the Defendants, the Wisconsin Employment Relations Commission (WERC) and the Office of State Employment Relations (OSER).
The regulations WERC established to “implement” Wisconsin Statute Act 10 related to the Re-certification requirements for public sector unions which the Court, effectively, denied.
The Administrative Regulations (ERC ChS. 70 and 80) were “promulgated,” or put into place, by the WERC to administer the provisions of 2011 Act 10. In contention were the requirements that a “Petition” be filed in advance of the Re-certification elections. The Court determined this regulation added additional criteria to Re-certification elections and exceeded statutory requirements.
The uptake of the Court’s Decision and Order is that the WERC was restrained from enforcing the invalid provisions of ERC Chs. 70 and 80; consequently, the December 1, 2015, Re-certification election by the two public sector unions, the Service Employees International Union (SEIU) and the Wisconsin Association of State Prosecutors (ASP), will be done without a new showing of interest and without filing a “Petition.”
The July 31st Court Decision has received very little publicity and possibility many of the most ardent Trade Unionists and the general public are not aware of this important decision.
Further information regarding the decision can be found here:
William A. Franks, Jr. is an AFT-W Local 4848 Retiree and Emeritus Chief Steward.
He is a former Equal Opportunity Specialist of the Senior Wisconsin Department of Workforce Development.