MTI Files Suit Against WERC

Madison Teachers, Inc. Newsletter, via a kind Jeanie Kamholtz email:

Given the unique and retaliatory provisions of Act 10 that:

Any person eligible to vote in the recertification election who does not vote is counted as a NO vote;

To prevail in the election, a union must receive affirmative votes from 51% of those eligible to vote; and

For a Union to not receive at least 51% of the votes of those eligible to vote, it would not be recertified as the employees’ bargaining agent.
Thus, with so much at stake, assuring that all who are eligible to vote are aware of the importance of their vote is a high priority for the Union, and to all whom it represents. MTI had numerous volunteers, retirees and current members to assist with the important task of gaining the largest number voting as possible in the recently concluded recertification election. To be sure these individuals were not wasting their time calling and disturbing those who had already voted, MTI asked the Wisconsin Employment Relations Commission (WERC) for the names of those who had voted. The information should have been supplied under Wisconsin’s Open Records Law. MTI specified it did not want information as to how a person voted, only that they had voted. However, the WERC refused to comply with MTI’s request, claiming that providing the information would violate “the secrecy of the ballot.” That is not a valid claim. Who votes in any Wisconsin election is a public record. In its request, MTI specifically asked the WERC to redact any reference as to how one voted. Ironically, at the conclusion of last year’s and this year’s election, the WERC gave MTI the names of all who voted. Doing it during the election as MTI requested would be no different.

Of those eligible to vote, 82.78% voted and 98.36% of those voted for recertification.

Madison Teachers, Inc. 14 December 2015 newsletter is available here.