Dec 29, 201504:38 PMBlaska's Bring It!
with David Blaska
We lost our case against the teachers union and the Madison school district over its violations of Act 10 collective bargaining.
This morning, Dane County Circuit Judge Peter Anderson dismissed our challenges to the 2014–15 school year contracts as moot and granted the defendants summary judgment on the 2015–16 contracts as to things like work hours and sick leave. As to dues deduction and fair share provisions, the judge found plaintiff Norman Sannes of Madison lacked standing because he is not a teacher and that administering those programs costs taxpayers no additional money.
However, Judge Anderson did say dues deduction and fair share payments would be invalid even if the process of negotiating the contract was legal. Because the plaintiff did not have standing as a teacher, that finding was not made part of the ruling. Theoretically, a teacher who wanted back dues could be compensated.
Your blogger was dismissed from the suit three months ago for not filing notice of claim prior to the suit.
Attorney Thomas C. Kamenick of the Wisconsin Institute for Law & Liberty said, “The judge thought that the district and union could rely on Judge Colas’ ruling even though the Wisconsin Supreme Court overturned it. That’s contrary to black letter law that says an overturned circuit court decision is of no legal effect.”
The Madison school district came to terms with Madison Teachers Inc. after Circuit Judge Juan Colas on September 2012 temporarily invalidated Act 10, a ruling that was overturned by the State Supreme Court in July 2014.
No decision has been made on an appeal.
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