Act 10 

Act 10 Lawsuit Judgment Strikes Down Forced Dues Contracts between Kenosha School District and Unions

News Release

Act 10 Lawsuit Judgment Strikes Down Forced Dues Contracts between Kenosha School District and Unions

Bargaining agreements between unions and the school district violated Wisconsin's public-sector labor reform statute

Kenosha, WI (March 27, 2015) – In a lawsuit filed by current and former Kenosha public school teachers, a state court has struck down monopoly bargaining agreements between the Kenosha Unified School District and School Board and three local unions as illegal under Wisconsin's 2011 public-sector unionism reforms commonly referred to as Act 10.

Current Kenosha school teacher Carrie Ann Glembocki and former Kenosha school teacher Kristi LaCroix filed the lawsuit in November 2013, with free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law and Liberty. The lawsuit challenged bargaining agreements between the District and officials from the Kenosha Education Association union, the SEIU Local 168 union, and the AFSCME Local 2383 union. Those agreements required teachers and other District staff to pay union dues or fees to keep their jobs.

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Worker Advocate Offers Legal Aid to Wisconsin Workers Seeking to Exercise Rights under New Right to Work Law

News Release

Worker Advocate Offers Legal Aid to Wisconsin Workers Seeking to Exercise Rights under New Right to Work Law

Foundation has long history of assisting workers seeking to refrain from union membership and dues payments

Washington, DC (March 10, 2015) – The National Right to Work Foundation is offering free legal aid to Wisconsin private-sector workers seeking to exercise their right under Wisconsin's newly-enacted Right to Work law to refrain from union membership and union dues payments.

On Monday, Governor Scott Walker signed the nation's newest Right to Work law, effective Wednesday, March 11, 2015. Under the law, workers will no longer be required to pay union dues as a condition of employment once the current union monopoly bargaining agreement in their workplace expires.

The National Right to Work Foundation has a long history of assisting employees seeking to exercise their Right to Work rights, most recently under Right to Work provisions enacted in Indiana and Michigan. Foundation attorneys also provided free legal representation to Wisconsin public-sector employees who sought to refrain from paying union dues or fees under Walker's 2011 public-sector union reforms, commonly referred to as "Act 10."

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Wisconsin Supreme Court Upholds Act 10 Unionism Reforms

Today, the Wisconsin Supreme Court has upheld all provisions of Act 10. Mark Mix, president of the National Right to Work Foundation, issued the following statement in the wake of today's ruling:

"We applaud the court's ruling upholding Act 10. The court relied on principles established in Foundation-supported U.S. Supreme Court victories which have held that union officials have no constitutional power to force workers to pay union dues or fees as a condition of employment.

"The court's decision strikes a mighty blow for individual workers who do not want anything to do with an unwanted union in their workplace. Wisconsin government union officials should now understand that the constitutionality of Right to Work laws has long been a settled question. We're happy to report that the court rejected the union lawyers' frivolous arguments and ensured that thousands of Wisconsin's civil servants will continue to labor free from union coercion.

"No Wisconsin public worker should ever be forced to pay union dues or fees as a condition of employment. Now it is time for Wisconsin's legislature to protect that right for Wisconsin's private-sector workers and pass a private-sector Right to Work law."

Pro-Act 10 Settlement in Wisconsin Teachers' Lawsuit Clears Path for Union Recertification Elections

News Release

Pro-Act 10 Settlement in Wisconsin Teachers' Lawsuit Clears Path for Union Recertification Elections

Teachers win right to union recertification elections guaranteed under law

Waukesha, WI (December 5, 2013) – The Waukesha County Circuit Court has approved a settlement between five Wisconsin public school teachers and the Wisconsin Employment Relations Commission (WERC) that will allow teachers across the state to determine whether union officials can continue to claim to represent those teachers in their respective workplaces guaranteed under Wisconsin Act 10.

With the help of attorneys from the National Right to Work Foundation and the Wisconsin Institute for Law and Liberty, five Wisconsin public school teachers filed a lawsuit in the state court last month against the WERC after WERC officials canceled the teachers' recertification elections.

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Wisconsin Supreme Court Ruling Allows Union Recertification Elections

News Release

Wisconsin Supreme Court Ruling Allows Union Recertification Elections

Teachers seek union recertification elections guaranteed under law

Madison, WI (November 22, 2013) – Last night, the Wisconsin Supreme Court issued a ruling that allows teachers across the state to vote to determine whether union officials can continue to claim to represent those teachers in their respective workplaces.

The ruling strikes down a Dane County Circuit Court judge's order that prohibited the Wisconsin Employment Relations Commission (WERC) from conducting secret-ballot recertification elections that are guaranteed under Wisconsin Act 10.

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Five Wisconsin Teachers File Lawsuit Seeking Act 10 Enforcement

News Release

Five Wisconsin Teachers File Lawsuit Seeking Act 10 Enforcement

Teachers seek union recertification elections guaranteed under law

Waukesha, WI (October 30, 2013) – With the help of attorneys from the National Right to Work Foundation and the Wisconsin Institute for Law and Liberty, five Wisconsin public school teachers have filed a lawsuit in state court against the Wisconsin Employment Relations Commission (WERC).

In the lawsuit, the teachers seek the secret-ballot recertification elections, guaranteed under Wisconsin Act 10, which will allow teachers across the state to determine whether union officials can continue to claim to represent those teachers in their respective workplaces.

All five teachers are employed in workplaces where they are subject to a union monopoly bargaining agreement, which means all five have been forced to accept the union's so-called "representation." The teachers work in school districts in Waukesha, Milwaukee, La Crosse, Racine, and Elmbrook.

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Federal Court Upholds Wisconsin Governor's Public-Sector Unionism Reforms, Right to Work Protections

News Release

Federal Court Upholds Wisconsin Governor's Public-Sector Unionism Reforms, Right to Work Protections

National Right to Work Foundation attorneys filed brief in support of “Act 10”

Madison, WI (September 11, 2013) – Today, the U.S. District Court for the Western District of Wisconsin upheld Governor Scott Walker's 2011 public-sector unionism reform measures, also known as "Act 10," which included giving most Wisconsin public workers the Right to Work.

With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, two Wisconsin public employees moved to intervene in the lawsuit in favor of the law after Laborers Local 236 union officials challenged the law in the federal court. The court permitted the two civil servants to file an amicus brief.

Mark Mix, President of the National Right to Work Foundation, released the following statement in regards to the court's decision:

"The U.S. District Court for the Western District of Wisconsin has upheld the constitutionality of 'Act 10.' The court's decision is a powerful victory for individual workers who do not want anything to do with an unwanted union in their workplace.selves whether or not to join or financially support a union."

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Teachers File Brief Defending Gov. Walker's 'Act 10' Reforms in Union's State Appeals Court Lawsuit

News Release

Teachers File Brief Defending Gov. Walker's 'Act 10' Reforms in Union's State Appeals Court Lawsuit

Teachers ask state court to uphold legislation protecting most state employees from forced unionism

Madison, WI (February 6, 2013) – Three Wisconsin public school teachers filed a brief in the Wisconsin Court of Appeals last week supporting Governor Walker's public sector union reform bill, known as "Act 10."

Elmbrook School District educator Elijah Grajkowski, Kenosha teacher Kristi Lacroix, and Waukesha high school teacher Nathan Berish filed the amici curiae brief with free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty.

The case is a legal challenge brought in Dane County Circuit Court by union officials from Public Employees Local 61 and Madison Teachers, Inc., a local affiliate of the National Education Association (NEA).

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Federal Court Upholds Wisconsin Governor's Public-Sector Unionism Reforms

News Release

Federal Court Upholds Wisconsin Governor's Public-Sector Unionism Reforms

Workers asked court to uphold reform measure protecting most Badger State public workers from forced unionism

Chicago, IL (January 18, 2013) – Today, the U.S. Court of Appeals for the Seventh Circuit upheld all of Governor Scott Walker’s public-sector unionism reform measures, also known as "Act 10."

With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, three Wisconsin public employees moved to intervene in the lawsuit in favor of the law after lawyers from seven unions, led by the Wisconsin Education Association Council, challenged it in federal court. The three civil servants, Pleasant Prairie teacher Kristi Lacroix, Waukesha high school teacher Nathan Berish, and trust fund specialist at the Wisconsin Department of Employee Trust Funds Ricardo Cruz, were permitted to file amicus briefs in the district court.

Union lawyers sought to strike down the law’s annual union recertification requirements, ban on the use of taxpayer funded-payroll systems to collect union dues, new limits on the scope of what union officials can demand in contract negotiations, and a provision that granted most of Wisconsin’s public employees Right to Work protections.

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Update: Wisconsin Civil Servants Defend Governor's Public-Sector Unionism Reforms in Federal Appeals Court

Monday, a National Right to Work Foundation staff attorney argued for three Wisconsin public employees who are asking the U.S. Court of Appeals for the Seventh Circuit (located in Chicago) to uphold all of Wisconsin Governor Scott Walker's public-sector unionism reform measures, known as "Act 10."

The case is on appeal after a federal circuit court judge in Wisconsin struck down Wisconsin's new union recertification requirements and ban on the use of taxpayer funded-payroll systems to collect union dues from general employees' paychecks, and excluded the three workers from participating fully in the case.

With free legal assistance from the National Right to Work Foundation and the Wisconsin Institute for Law & Liberty, Pleasant Prairie teacher Kristi Lacroix, Waukesha high school teacher Nathan Berish, and trust fund specialist at the Wisconsin Department of Employee Trust Funds Ricardo Cruz filed a motion to intervene in the lower court. When their motion to intervene was denied, the employees appealed and were given a portion of the argument time in Monday's appeals court argument.

The three workers are asking the appellate court to uphold the law as a whole as constitutional especially the law's Right to Work protections -- relying on Foundation-won U.S. Supreme Court precedents in which the Court held that union bosses have no constitutional right to collect fees from nonmembers and that unions have no constitutional right to use government resources to deduct dues from workers' paychecks.


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