Judge Strikes Down Coercive Dues in Wisconsin School District

A judge in Wisconsin voided a teachers union contract that would have forced educators in the Kenosha Unified School District to pay dues as a condition of employment.

Judge David Bastianelli of the Kenosha County Circuit Court ruled that the school district contracts with the local chapters of three of the largest public sector unions in the country—NEA, AFSCME, and SEIU—violated Gov. Scott Walker’s sweeping labor reforms in 2011. The legislation, Act 10, restricted the use of coercive dues payments for most government workers.

“The [collective bargaining agreements] entered into by the union defendants during November of 2013, were contrary to the provisions of Act 10 and are therefore null and void,” the March 19 ruling states.

The lawsuit was filed by a current teacher in the school system, as well as a local taxpayer. The pair contended that the district agreement violated their freedom of association since it required non-member teachers to pay union dues.

“The unlawful agreement contains provisions with respect both to wages and to the factors and conditions of employment that are illegal subjects for collective bargaining between school district and their employees,” a September brief filed with the court says. “The agreement requires teachers to pay union dues against their will under a so-called “fair share” provision. Such provisions are expressly prohibited by state law.”

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