Yes. Someone can. And someone has. To be exact, the Wisconsin State Employees Union, AFT-Wisconsin, the Wisconsin Education Association Counsel, the State Engineers Association, and the Wisconsin Law Enforcement Association have each filed their own unfair labor practice charges against Governor Scott Walker. While I have not seen copies of all of the complaints, I understand that the Wisconsin State Employees Union's complaint alleges that the governor has refused to bargain a new contract.
Under the Municipal Employment Relations Act (MERA) and the State Employment Relations Act (SELRA), the state and other municipal employers have a duty to engage in good faith bargaining with employees' collective bargaining representative once a labor contract nears the end of its term. If an employer refuses to bargain, the collective bargaining representative can file a complaint with the Wisconsin Employment Relations Commission (WERC) which has the authority to hold a hearing, reach a decision, and order bargaining and other remedies. If a party is unhappy with a decision of the WERC, that party can appeal the WERC's decision to the state courts.
MERA and SELRA are the laws that Governor Walker seeks to radically amend with the Budget Repair Bill, but the Budget Repair Bill is not yet law. SELRA governs the collective bargaining relationship between the state and its employees for the time being. As one of the WERC complaints states: "Governor Walker has the power to propose draconian legislation grounded in his anti-union animus. However such proposals do not change the law or repeal the obligations of the Respondents under Wisconsin law." http://www.wisea.org/Files/Official/SEAprohPracticeCompl110308.pdf
No comments:
Post a Comment