WISCONSIN INSTITUTE FOR LAW & LIBERTY, INC.

1139 E. Knapp Street, Milwaukee, WI 53202-2828

414-727-WILL
Fax 414-727-6385
www.will-law.org

Richard M. Esenberg
Michael Fischer
Brian W. McGrath
Thomas C. Kamenick
Charles J. Szafir III

Executive Director
Stacy A. Stueck




KENOSHA SCHOOL DISTRICT CBA DECLARED VOID
KUSD agrees to end their CBA, drops provision that forces teachers to pay union dues

June 6, 2014, Milwaukee, WI - Yesterday, in WILLs Act 10 lawsuit, Lacroix v. Kenosha
School District, the Kenosha Unified School District (KUSD) and School Board agreed to a
stipulation that declares their collective bargaining agreements null and void. KUSD will also
have to pay attorney fees to WILL and is prohibited from forcing its non-union employees to pay
union dues, i.e., a so-called fair share provision. Last fall, WILL and the National Right to
Work Legal Defense Foundation Inc. filed a lawsuit against KUSD, the Board, and its unions,
over a CBA that violated state law, Act 10.

As explained by WILL President, Rick Esenberg, Our agreement with KUSD is a win for our
clients, for teachers rights, for taxpayers, and for the rule of law. Were pleased that the
Kenosha Schools have recognized that they made an error in negotiating with their unions and
implementing collective bargaining agreements that so clearly violated Act 10.

The lawsuit was filed on behalf of Kristi Lacroix, a taxpayer who objected to her money being
spent illegally, and a public school teacher who objected to her rights under Act 10 being taken
away. Says Kristi Lacroix, I argued from day one that taxpayer money was being spent
illegally to support collective bargaining agreements negotiated behind closed doors between the
unions and school district. This activity is prohibited under Act 10 and I am glad to see taxpayer
rights prevail.

As part of the agreement, the plaintiffs agreed to dismiss their claims against the Board, Board
Members, and the District. They also agreed to not challenge a future unilateral act by the Board
to replace the pay provisions of the CBA.

The School Board voted 4-3 on November 14, 2013 to ratify the labor agreements, which ran
retroactively from July 1, 2013 through June 30, 2015 and covered all KUSD employees. It
contained numerous terms and conditions that are illegal under Act 10, such as $1.65 million in
teacher bonus pay, changing teacher work days from an 8 hour work day to 7 hours,
automatic dues deductions, and fair share payments. Act 10 prohibits collective bargaining on
any conditions of employment, other than total base wages.

On November 21, WILL filed a lawsuit, alleging that the CBA was the result of illegal
bargaining, rushed through improperly-noticed school board meetings in response to a ruling by
Dane County Judge Juan Colas. The lawsuit was filed in Kenosha Circuit Court, naming the
Kenosha Education Association, the district, and the districts board, and is being presided over
by Judge David Bastianelli.

In March, WILL amended the lawsuit to include Board Members Jo Ann Taube [no longer on
the Board], Rebecca Stevens, Carl Bryan, and Kyle Flood, on the grounds that they voted to
commence collective bargaining in a meeting in violation of the Wisconsin Open Meetings Law.
The amended complaint also added SEIU Local 168 and AFSCME Local 2383 as defendants
because the School District negotiated with those unions at the same time it negotiated with the
Kenosha Education Association.

The unions are not part of the settlement, and the litigation will continue with respect to the
Plaintiffs claims against the unions and the unions recent demands that the district implement
the fair-share provisions of the CBA.

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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.