MADISON, Wis. (AP) — Several dozen school employee unions have notified the state they plan to hold votes to see if they can continue to formally represent their members at the bargaining table.
Republican Gov. Scott Walker's contentious collective bargaining law stripped almost all public unions of their right to negotiate everything except wages, and unions without existing contracts must win member authorization in annual recertification elections to do even that. And the law makes a successful vote difficult — 51 percent of an association's eligible voters must approve and unions must pay fees to the state ranging from $200 to $2,000 to hold elections.
The state's largest public employee unions have already decided not to pursue recertification. The deadline for school associations to signal their intentions is Friday. As of Wednesday, 114 unions representing about 14,000 teachers, aides and support staff had notified the Wisconsin Employment Relations Committee they want to hold elections.
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It's difficult to place that number in context. It's unclear how many individual school associations may exist in the state and how many may be operating without a contract. The state has 425 public school districts, and each one might have multiple associations representing teachers, custodians, paraprofessionals and other workers that WERC doesn't track.
The Wisconsin Education Association Council, the largest umbrella school union, knows of about 300 local affiliates operating without a contact. WEAC President Mary Bell estimated 40 percent to 60 percent of them may not seek recertification.
Bell said Walker stacked the process against the unions with a complicated process and exorbitant fees. Even if the votes fail or unions choose not to go through with them, they'll still exist and will find ways to fight for their members outside of formal negotiations, she said.
"This process was set up to fail," she said. "(But the unions will) still exist. They still advocate for members. They can still participate in discussions about what local employers will do and participate in the community. The law is so restrictive, being able to sit at a bargaining table means very little."
The collective bargaining law has become one of the most divisive proposals in Wisconsin history. The measure strips almost all public workers of their rights to negotiate hours, sick time, work conditions and vacations, all of which had been subject to negotiations for decades in Wisconsin. The only item unions can negotiate is salary increases, which the law limits to the rate of inflation. The law also put a stop to mandatory dues collection.
Walker said the law was needed to help balance the state's books and give local governments the ability to absorb deep cuts in state aid. But Democrats saw it as an attempt to neuter their union allies. Thousands of demonstrators swarmed the state Capitol for weeks to protest the plan.
The measure eventually passed the Republican-controlled Legislature and Walker signed it into law in March. In just a few short months, it's already had a huge impact on unions.
Before the law passed, WEAC had about 98,000 members and was one of the most powerful unions in the state, contributing millions to Democratic causes. Lobbying reports show the union spent $2.5 million lobbying lawmakers in 2009 and 2010, more money than any other group.
This summer, the union reported spending $500,000 in support of Democratic candidates in recall elections, and in August announced 42 workers had been laid off as a result of the law. Earlier this month, unions representing about 50,000 public workers opted not to go through with recertification, citing the fees and the lack of bargaining power beyond wages even if the elections succeeded.
Walker spokesman Cullen Werwie said workers certainly have the right to recertify their unions, but the law grants them a choice.
"It's really put the power back in the hands of the workers again, allowing them to vote on participation in a union again," Werwie said.
The locals that have demanded recertification elections so far say it's now about sticking together.
Duane Draper is a social studies teacher at Barneveld School and a member of the Barneveld Education Association, which represents 43 teachers. His association has told the state it wants a recertification election despite the $200 fee and the lack of bargaining rights.
"We have a lot of pride in what we do," he said. "It's important to send a message that we are a strong group and the election helps us do that. (Recertification) gives us a little stronger voice. We're going to continue to stand up and help the kids."
Todd Fendt, a fifth-grade teacher at Gebhardt Elementary School in Black River Falls and co-president of the Black River Falls Education Association, said his 130-member group has told the state it wants an election and has paid $350 in fees to make it happen.
Walker can take away as many rights as he wants, Fendt said, but his association will still have a voice, mentoring young teachers and providing scholarships for students.
"(The election) is to show you can take away everything but we're still here," he said. "Call it brotherhood."
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