Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wisconsin Association of State Prosecutors v. Wisconsin Employment Relations Commission

Court of Appeals of Wisconsin, District I

October 12, 2016

Wisconsin Association of State Prosecutors, Plaintiff-Respondent,
v.
Wisconsin Employment Relations Commission, James R. Scott and Rodney G. Pasch, Defendants-Appellants. Service Employees International Union, Local 150, Plaintiff-Respondent,
v.
Wisconsin Employment Relations Commission, James R. Scott and Rodney G. Pasch, Defendants-Appellants, State of Wisconsin, Office of State Employment Relations, Intervenor-Appellant. Wisconsin Association of State Prosecutors, Plaintiff-Respondent,
v.
Wisconsin Employment Relations Commission, Defendant-Appellant. Service Employees International Union, Local 150, Plaintiff-Respondent,
v.
Wisconsin Employment Relations Commission, Defendant-Appellant. Service Employees International Union, Local 150, Plaintiff-Respondent,
v.
Wisconsin Employment Relations Commission, Defendant-Appellant, State of Wisconsin, Office of State Employment Relations, Intervenor-Appellant.

         APPEAL from an order of the circuit court for Milwaukee County, Nos. 2014CV9307 2014CV9658 2015CV0328 2015CV0329 2015CF0501 JOHN J. DiMOTTO, Judge.

          Before Brennan and Brash, JJ., and Daniel L. LaRocque, Reserve Judge.

          BRASH, J.

         ¶1 The Wisconsin Employment Relations Commission (the Commission)[1] appeals an order of the circuit court granting the following relief to the Service Employees International Union, Local 150 (Local 150) and the Wisconsin Association of State Prosecutors (WIASP):

• Declaratory judgment that the Commission exceeded its statutory authority in promulgating the requirement in WIS. ADMIN. CODE §§ ERC 70 and 80 (Aug. 2016) that an existing exclusive representative must file a petition in order to qualify for a recertification election under Wis. STAT. §§ 111.83(3)(b) and 111.70(4)(d)3.b. (2013-14)[2];
• Declaratory judgment under WIS. STAT. § 227.40(4)(a) that the provisions in WIS. ADMIN. CODE §§ ERC 70 and 80 requiring an existing exclusive representative to file a petition in order to qualify for recertification are invalid;
• Reversal of the decisions of the Commission, under WIS. STAT. §§ 227.52 and 227.53, for refusing to hold recertification elections;
• A writ of prohibition prohibiting the Commission from enforcing the provisions of WIS. ADMIN. CODE §§ ERC 70 and 80 that require an existing exclusive representative to file a petition to qualify for a recertification election;
• An order granting WIASP and Local 150 recertification elections sought in September 2014 under Wis. STAT. §§ 111.83(3)(b) and 111.70(4)(d)3.b., to be held simultaneously with the December 1, 2015 elections without a new showing of interest and without the necessity of filing a petition; and
• An order granting that, in the event that WIASP and Local 150 win such elections, their representational status shall be treated as uninterrupted.

         ¶2 The Commission argues that the provisions of WIS. ADMIN. CODE §§ ERC 70 and 80 at issue are presumptively valid and reasonable. The Commission further argues that these provisions do not exceed its statutory authority. Upon review, we affirm.

         BACKGROUND

         ¶3 In 2011, the Wisconsin State Legislature enacted Act 10, which amended the State Employment Labor Relations Act (SELRA) and the Municipal Employment Relations Act (MERA) to implement annual recertification requirements for labor organizations. Under SELRA, the new statutory provision states in relevant part:

Annually, no later than December 1, the commission shall conduct an election to certify the representative of a collective bargaining unit that contains a general employee. There shall be included on the ballot the names of all labor organizations having an interest in representing the general employees participating in the election.... The commission shall certify any representative that receives at least 51 percent of the votes of all of the general employees in the collective bargaining unit. If no representative receives at least 51 percent of the votes of all the general employees in the collective bargaining unit, at the expiration of the collective bargaining agreement, the commission shall decertify the current representative and the general employees shall be nonrepresented. Notwithstanding s. 111.82, if a representative is decertified under this paragraph, the affected general employees may not be included in a substantially similar collective bargaining unit for 12 months from the date of decertification.... The commission shall assess and collect a certification fee for each election conducted under this paragraph. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.425(1)(i).

Wis. Stat. § 111.83(3)(b).

         ¶4 A similar statutory provision was added to MERA. It states in relevant part:

Annually, the commission shall conduct an election to certify the representative of the collective bargaining unit that contains a general municipal employee. The election shall occur no later than December 1 for a collective bargaining unit containing school district employees and no later than May 1 for a collective bargaining unit containing general municipal employees who are not school district employees. The commission shall certify any representative that receives at least 51 percent of the votes of all of the general municipal employees in the collective bargaining unit. If no representative receives at least 51 percent of the votes of all of the general municipal employees in the collective bargaining unit, at the expiration of the collective bargaining agreement, the commission shall decertify the current representative and the general municipal employees shall be nonrepresented. Notwithstanding sub. (2), if a representative is decertified under this subd. 3.b., the affected general municipal employees may not be included in a substantially similar collective bargaining unit for 12 months from the date of decertification. The commission shall assess and collect a certification fee for each election conducted under this subd. 3.b. Fees collected under this subd. 3.b. shall be credited to the appropriation account under s. 20.425(1)(i).

Wis. Stat. § 111.70(4)(d)3.b.

         ¶5 The Commission is a state agency within the definition of WIS. STAT. § 227.01(1) and is composed of Commissioners James Scott and Rodney Pasch. Following the passage of Act 10, the Commission promulgated WIS. ADMIN. CODE § ERC 80, concerning the conduct of annual recertification elections under SELRA, and WIS. ADMIN. CODE § ERC 70, concerning the conduct of elections for municipal school employees under MERA. At issue in this appeal is the requirement in these rules that a labor union representing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.