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WI INSTITUTE for LAW and LIBERTY puts Madison school board on notice of potential lawsuit

WI INSTITUTE for LAW and LIBERTY puts Madison school board on notice of potential lawsuit

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Published by LibertyAgenda
WILL puts Madison School Board on notice of potential lawsuit if board approves illegal teachers contracts to evade compliance with ACT 10.
WILL puts Madison School Board on notice of potential lawsuit if board approves illegal teachers contracts to evade compliance with ACT 10.

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Published by: LibertyAgenda on May 15, 2014
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05/16/2014

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www.will-law.org
Contact: Rick Esenberg Tel. 414-727-6367 FAX: 414-727-6385 FOR IMMEDIATE RELEASE Email: rick@will-law.org 
WILL Puts Madison School Board On Notice
Sends letter warning against violating Act 10
May 15, 2014, Milwaukee, WI
 – 
 
Today, the Wisconsin Institute for Law & Liberty (WILL) sent a letter to the Madison Metropolitan School District School Board Members, reminding them that Act 10 is still the law of the land and any governmental entity that ignores it does so at the risk of litigation. This week, it was announced that the Madison Teachers Inc. is lobbying the School Board members to extend an existing collective bargaining contract until June 2016. Because the contract contains terms that are not permitted under Act 10, this extension is almost certainly illegal. The School Board is meeting today, Thursday, at 5:30. Act 10 has been upheld by every court, except a single branch of the Dane County Circuit Court. That decision has been appealed and a decision by the Wisconsin Supreme Court is imminent. Given the weight of authority and the merits of the various arguments, there is a substantial  probability that the Court will overturn the decision of the circuit court in
 MTI v. Walker 
. If that happens, the lower court decision would simply become null and void
 – 
 as if it never occurred. Even now, the decision has no effect outside of the parties involved. The nearly 5,000 teachers employed by the School District and School Board are not involved in
 MTI v. Walker.
Explains Rick Esenberg, WILL President, “
The risk of litigation if the Board extends the contract is not a theoretical one. When Milwaukee Area Technical College and the Kenosha School District violated Act 10, we filed lawsuits against both,
challenging the contracts on behalf of teachers.”
 The letter to the MMSD School Board Members can be found on the next page and on the website. ****
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 at  rick@will-law.org . 
 
 
WISCONSIN INSTITUTE FOR LAW
&
LIBERTY,
INC.
 
1139
 E.
Knapp Street, Milwaukee,
 WI
53202-2828
 
414-727-WILL Fax 414-727-6385
Richard M. Esenberg Michael Fischer Brian W. McGrath Thomas C. Kamenick Charles J. Szafir III Executive Director Stacy A. Stueck
May 15, 2014 School Board Members of the
VIA EMAIL
 Madison Metropolitan School District 545 W. Dayton St. Madison, WI 53703-1967 Re: Illegality of extending the collective bargaining agreement with MTI Dear Board Members of the Madison Metropolitan School District: This week, it was reported that Madison Teachers Inc.
(“MTI”) is
 lobbying you to extend the existing collective bargaining contract until June 2016. Last October, the current contract was extended for the 2014-2015 school year. Given that the Wisconsin Supreme Court is set to rule on
 MTI v. Walker 
 any day now
 – 
 and given the other state court and federal court decisions now in place, it is a near certainty that Judge Colas
’ decision
 will be overturned. As a result, the timing of the request by MTI is obviously intended to evade the upcoming decision by the Wisconsin Supreme Court. Act 10 has been upheld in every court that has considered it, except for Judge Colas. It was ruled to be constitutional by the U.S. Court of Appeals for the Seventh Circuit, the U.S. District Court of the Western District of Wisconsin, and by Dane County Circuit Court Judge John Markson. Consequently, the likelihood of Act 10 being declared constitutional in the Wisconsin Supreme Court is extremely high. This presents a major problem as you debate whether to grant
MTI’s
 request to collectively  bargain and extend the current CBA. Act 10 prohibits terms that are inconsistent with its  provisions in any extension, modification or renewal of a preexisting contract. Both the previous extension and any new extension would, thus, violate Act 10. While MTI might argue that an extension is lawful because the existing decision by Judge Colas has not yet been overturned, that decision has no effect outside of the parties involved in that one

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