8/12/2019 2014-06-06 WILL Press Release - Act 10 Lawsuit - Lacroix v KUSD

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WISCONSIN INSTITUTE FOR LAW & LIBERTY, INC.

1139E.Knapp Street, Milwaukee,WI 53202-2828414-727-WILL

Fax 414-727-6385www.will-law.org

Richard M. EsenbergMichael FischerBrian W. McGrathThomas C. KamenickCharles J. Szafir III

Executive DirectorStacy A. Stueck

KENOSHA SCHOOL DISTRICT CBA DECLARED VOIDKUSD agrees to end their CBA, drops provision that forces teachers to pay union dues

June 6, 2014, Milwaukee, WI - Yesterday, in WILLs Act 10 lawsuit,Lacroix v. KenoshaSchool District, the Kenosha Unified School District (KUSD)and School Board agreed to astipulation that declares their collective bargaining agreements null and void. KUSD will alsohave to pay attorney fees to WILL and is prohibited from forcing its non-union employees to payunion dues, i.e., a so-called fair share provision. Last fall, WILL and the National Right toWork Legal Defense Foundation Inc. filed a lawsuit against KUSD, the Board, and its unions,over a CBA that violated state law, Act 10.

As explained by WILL President, Rick Esenberg, Our agreement with KUSD is a win for ourclients, for teachers rights, for taxpayers, and for the rule of law. Were pleased that theKenosha Schools have recognized that they made an error in negotiating with their unions andimplementing collective bargaining agreements that so clearly violated Act 10.

The lawsuit was filed on behalf of Kristi Lacroix, a taxpayer who objected to her money beingspent illegally, and a public school teacher who objected to her rights under Act 10 being takenaway. Says Kristi Lacroix, I argued from day one that taxpayer money was being spentillegally to support collective bargaining agreements negotiated behind closed doors between theunions and school district. This activity is prohibited under Act 10 and I am glad to see taxpayerrights prevail.

As part of the agreement, the plaintiffs agreed to dismiss their claims against the Board, BoardMembers, and the District. They also agreed to not challenge a future unilateral act by the Boardto replace the pay provisions of the CBA.

The School Board voted 4-3 on November 14, 2013 to ratify the labor agreements, which ranretroactively from July 1, 2013 through June 30, 2015 and covered all KUSD employees. It

contained numerous terms and conditions that are illegal under Act 10, such as $1.65 million inteacher bonus pay, changing teacher work days from an 8 hour work day to 7 hours,automatic dues deductions, and fair share payments. Act 10 prohibits collective bargaining onany conditions of employment, other than total base wages.

On November 21, WILL filed a lawsuit, alleging that the CBA was the result of illegalbargaining, rushed through improperly-noticed school board meetings in response to a ruling byDane County Judge Juan Colas. The lawsuit was filed in Kenosha Circuit Court, naming theKenosha Education Association, the district, and the districts board,and is being presided overby Judge David Bastianelli.

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8/12/2019 2014-06-06 WILL Press Release - Act 10 Lawsuit - Lacroix v KUSD

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In March, WILL amended the lawsuit to include Board Members Jo Ann Taube [no longer onthe Board], Rebecca Stevens, Carl Bryan, and Kyle Flood, on the grounds that they voted tocommence collective bargaining in a meeting in violation of the Wisconsin Open Meetings Law.The amended complaint also added SEIU Local 168 and AFSCME Local 2383 as defendantsbecause the School District negotiated with those unions at the same time it negotiated with theKenosha Education Association.

The unions are not part of the settlement, and the litigation will continue with respect to thePlaintiffs claims against the unionsand the unions recent demands that the district implementthe fair-share provisions of the CBA.

******The Wisconsin Institute for Law & Liberty is a non-profit, public interest law firm, promoting the

public interest in constitutional and open government, individual liberty, and a robust civil society.Further inquiries may be directed to Mr. Esenberg atrick@will-law.org.

mailto:rick@will-law.orgmailto:rick@will-law.orgmailto:rick@will-law.orgmailto:rick@will-law.org