State Supreme Court Should Decide Collective Bargaining Case
Public Service Workers cite urgency after law ruled unconstitutional in December
Unions representing tens of thousands of Wisconsin public service workers have filed a petition with the Wisconsin Supreme Court for prompt review of the case challenging the constitutionality of the state’s collective bargaining provisions. The unions’ petition urges the Court to bypass the Court of Appeals and resolve the case this spring.
In filing the newest motion, the plaintiffs – representing educators, conservation wardens, sanitation workers, nurses and other public service workers – expressed the urgency of a final decision. From the well-documented staffing crisis in schools and correctional institutions to the rampant cases of arbitrary treatment of workers, Wisconsin’s excellent public services are in need of immediate protection, plaintiffs said.
The petition filed today argues that Act 10’s collective bargaining provisions are of “immense statewide significance” and must be resolved promptly to avoid ongoing harm to public employees and their employers.
“This case affects hundreds of thousands of public service workers across the state who are currently operating under an unconstitutional system,” said Jeffrey Mandell, President and General Counsel of Law Forward. “The people of Wisconsin deserve clarity, and we believe this issue warrants the immediate attention of the state’s highest court.”
Plaintiffs include Ben Gruber, Matthew Ziebarth, the Abbotsford Education Association (WEAC/NEA), AFSCME Local 47, AFSCME Local 1215, Beaver Dam Education Association (WEAC/NEA), SEIU Wisconsin, Teaching Assistants Association (TAA/AFT) Local 3220 and Teamsters Local 695.
“Public service workers like my colleagues and I need a voice on the job urgently, so we can improve the conditions we face in our workplace,” said Ben Gruber, a conservation warden, President of AFSCME Local 1215 and plaintiff in the lawsuit. “Having the freedom to collectively bargain means workers can improve our safety, better protect the public, work to increase retention of dedicated, quality staff and so much more.”
Betsy Ramsdale, a teacher and union leader, said, “Our students can’t wait a minute longer for educators to have a voice in our schools. Educators’ working conditions are students’ learning conditions and everyone benefits when the professionals who teach the children have a say in school decisions.”
Rocco DeMark, a Racine Unified Schools building service worker and worksite leader for SEIU Wisconsin, said, “We’ve fought for nearly 14 years to regain our collective bargaining rights, and every day without them is a missed opportunity to improve the conditions we face on the job. Our students and communities depend on dedicated workers, and we need the freedom to advocate for better working conditions, higher wages, and more staffing to ensure high-quality public services for all.”
AFT-Wisconsin President Kim Kohlhaas said, “We understand that this matter needs to work through the legal system and we are grateful for the option to file this bypass petition because we believe the workers of Wisconsin deserve immediate relief and attention on this issue.”
The plaintiffs in the lawsuit were represented by Law Forward and Bredhoff & Kaiser.
Jacob Karabell, an attorney at Bredhoff & Kaiser, said, “Under current law, public service workers are divided into two groups without any rational basis for doing so, violating the Wisconsin Constitution’s equal protection guarantee. The Wisconsin Supreme Court has not addressed the vital question of Wisconsin constitutional law presented by this case. We are asking the Court to do so without delay.”
NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.
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