Madison Teachers, Inc. Solidarity Newsletter, via a kind Jeannie Kamholtz email (PDF):
Governor Walker’s signature legislation, the 2011 anti-public employee, anti-union Act 10, which took away nearly all the bargaining rights of public employees, is once again on the front burner for those represented by MTI. MTI had initially challenged the legislation and gained a Circuit Court decision from Judge Colas that Act 10 was unconstitutional. This ruling allowed MTI and the MMSD to bargain Agreements for the 2014-15 and 2015- 16 school years. Now that the Wisconsin Supreme Court has overturned Judge Colas’ decision and upheld Act 10, certain portions of Act 10 are now applicable to MTI, specifically the Act 10 requirement that public sector unions undergo a certification election to determine whether the union will maintain its status as the “certified representative” of the workers covered by the union. Under Act 10, this will have to be done each year.
Given the above, MTI has filed petitions with the Wisconsin Employment Relations Commission (WERC) for recertification elections for each of MTIs five (5) bargaining units (Teachers, Educational Assistants, Supportive Education Employees, Security Assistants and Substitute Teachers). The elections will be conducted in November, 2014.
Unlike political elections which require that the prevailing candidate win the majority of votes cast, Act 10’s recertification elections require a public sector union to win 51% of all eligible votes in order to remain the certified agent. This means that “non-votes” are considered “no” votes. If this standard were applied to any United States political election, with low turnout rate, no candidate would be seated (for example, Governor Walker won only about 30% of all eligible votes during the 2012 recall). Fortunately, the experience has been much different for union recertification elections in Wisconsin. During recertification elections held in 2013, over 500 local Unions representing over 56,000 teachers, secretaries, aides, bus drivers, custodial workers and other school employees resulted in a 70% turnout statewide. And an overwhelming 98% of those voting, voted to recertify their Union. But even knowing this, MTI needs every vote possible.
Much more on Act 10, here.