STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION
WISCONSIN STATE EMPLOYEES UNION,
AFSCME, COUNCIL 24, AFL-CIO,
v. Case. No.
STATE OF WISCONSIN,
COMPLAINT OF UNFAIR LABOR PRACTICE
The complainant, Wisconsin State Employees Union, AFSCME Council 24, AFL-
CIO (“WSEU”), by its counsel, Bauer & Bach, L.L.C., by Peggy A. Lautenschlager, show
the Wisconsin Employment Relations Commission as follows:
1. Complainant Wisconsin State Employees Union, AFSCME Council 24, AFL-
CIO, is a “labor organization” as that phrase is defined by Wis. Stats. § 111.81(12), and as
that phrase is used throughout the State Employment Labor Relations Act (“SELRA”),
Wis. Stats. §§ 111.80-111.94, and by Wis. Stats. § 111.96(13) and as that phrase is used
throughout the University of Wisconsin System Faculty and Academic Staff Labor
Relations Act ("FASLRA"), Wis. Stats. §§ 111.95-111.9993. At all times material hereto, it
was and continues to be the exclusive bargaining agent for a number of employees
whose positions were previously allocated by action of the Commission to bargaining
units created pursuant to Wis. Stats. §§ 111.825 and 111.98. The Executive Director of
AFSCME Council 24 is Martin Beil, 8033 Excelsior Drive, Suite C, Madison, Wisconsin
2. The respondent State of Wisconsin ("the State") is the "employer" of the
complainant's members, as the phrase is used and defined throughout SELRA and
3. Pursuant to the provisions of SELRA and FASLRA, WSEU has entered into
Collective Bargaining Agreements ("CBA's) with the State for more than 30 years.
4. The CBA's, historically, are two years in length, and in general, commence at
or shortly after the beginning of the enactment of the Wisconsin Biennial Budget, and
conclude at the Budget's end.
5. In years when WSEU and the State has not reached agreement in collective
bargaining and the term of the CBA's have ended, the parties have entered into
extension agreements to continue the status quo, until new agreements are reached.
7. On June 7, 2008, the parties entered into a CBA. The terms and conditions
were to expire on June 30, 2009.
8. Upon the expiration of the CBA on June 30, 2009, WSEU and the State
entered into an extension agreement. (See Exhibit A.) The agreement continued the
terms and conditions of the CBA, the status quo, while the parties bargained for a new
9. The extension agreements provided that either party, unilaterally, could
terminate the agreements upon a 30-day prior notice.
10. Bargaining between the parties continued through mid-December 2010,
when tentative CBA's were reached, subject to the approval of the Wisconsin
11. Upon announcement of the tentative agreements, then governor-elect Scott
K. Walker, announced his opposition to the tentative CBA's. Walker actively opposed
legislative approval of the proposed CBA's, lobbying incumbent state legislators.
12. In mid-December 2010, the Wisconsin Assembly approved the contracts and
the Wisconsin Senate failed to approve the contracts on a tie vote.
13. On January 3, 2011, Walker was sworn in as Governor of Wisconsin.
14. Also on January 3, 2011, Walker, as governor, called for a special session of
the legislature to address the alleged shortfall in the state budget.
16. On February 11, 2011, Walker, as governor, amended the call to the
legislature, and to include collective bargaining as a subject of the special session.
17. On February 11, 2011, Walker, as governor, introduced, in the special session,
legislation that would eliminate most, if not all, bargaining rights for members of
18. On February 11, 2011, the State, through a letter signed by Gregory L. Gracz,
the Director of the Office of State Employment Relations ("OSER"), sent a letter Beil
stating that pursuant to the 30-day notice provision of the CBA extension agreement, it
wished to terminate the CBA extension as of March 13, 2011. (See Exhibit B.)
19. On February 11, 2011, the Milwaukee Journal Sentinel reported that Walker,
when asked about a return to bargaining with the union, indicated, "I don't have
anything to negotiate."
20. On February 18, 2011, a letter from Beil was hand delivered to Walker,
demanding the State resume bargaining. (See Exhibit C.)
21. Since that time, Beil has received no reply from the State.
22. Wis. Stats. §§ 111.82 and 111.97 provide Wisconsin public Employees with the
right to bargain collectively.
23. The interference with or restraining of employees in the exercise of these
rights is an unfair labor practice. Wis. Stats. §§ 111.84(1)(a) and 111.991(1)(a).
24. Refusal to bargain collectively is an unfair labor practice. Wis. Stats. §§
111.84(1)(d) and 111.991(1)(d).
WHEREFORE, based on the foregoing, the complainant Wisconsin State
Employees Union, AFSCME Council 24, respectfully requests the entry of remedial
orders whose terms and conditions:
a. Declare that the respondent State of Wisconsin has denied its
employees their rights under Wis. Stats. §§ 111.82 and 111.97;
b. Declare that the respondent State of Wisconsin committed an
unfair labor practice within the definitions of Wis. Stats. §§ 111.84(1)(a) and (d) and
111.97(1)(a) and (d);
c. Require the respondent State of Wisconsin to bargain collectively
with the complainant WSEU;
d. Extend the provisions of the contract extension until this
controversy reaches resolution;
e. Prohibit this and similar types of unlawful conduct in the future;
f. Require the posting of conspicuous compliance notices;
g. Require such further relief as may be deemed appropriate in these
The filing fee, established by Wis. Stats. §§111.94(2) and 111.9993(2),
accompanies this complaint.
BAUER & BACH, L.L.C.
Peggy A. Lautenschlager
Dated: February 28, 2011
STATE OF WISCONSIN)
DANE COUNTY )
Peggy A. Lautenschlager, being first duly sworn on oath, deposes and says, that
she is the attorney for the complainants in the above-styled matter and makes this
verification in their behalf, and that she is authorized and requested so to do; that she
has composed and read the foregoing “Complaint of Unfair Labor Practice,” and knows
the contents thereof and that the same is true to the best of her knowledge, except as to
those matters stated on information and believe and as to those matters she believes
them to be true.
Peggy A. Lautenschlager
Subscribed and sworn to before me
this 28th day of February, 2011.
Notary Public, State of Wisconsin
My commission expires April 20, 2014.