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WSEU-CBA-ULP.final

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					                    STATE OF WISCONSIN
BEFORE THE WISCONSIN EMPLOYMENT RELATIONS COMMISSION


WISCONSIN STATE EMPLOYEES UNION,
AFSCME, COUNCIL 24, AFL-CIO,

                     Complainant,

       v.                                               Case. No.



STATE OF WISCONSIN,

                     Respondent.


                  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

53717-1903.

      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

FASLRA.

      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

contract.

      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

Legislature.


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       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

WSEU.

       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.
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       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

circumstances.

       The filing fee, established by Wis. Stats. §§111.94(2) and 111.9993(2),

accompanies this complaint.




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                                         Respectfully Submitted,

                                         BAUER & BACH, L.L.C.


                                  By: ___________________________
                                        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.




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