schoolinfosystem.org
Madison Teachers, Inc. Solidarity Newsletter, via a kind Jeannie Kamholtz email (PDF):
Last Monday’s Supreme Court hearing, scheduled for 90 minutes, went almost four hours, given numerous comments and questions from the Justices – all seven participating to some degree. The resultant responses caused tension, such as Attorney General Van Hollen’s response to Justice Ann Walsh Bradley’s comment, “aren’t the parties’ arguments like ships passing in the night?” Van Hollen retorted that the two ships, “… are on a collision course” and “the State has a bigger ship and we shall win!”
As The Progressive editor Ruth Conniff wrote of the exchange, “That pretty much sums up the Walker Administration’s attitude toward the teachers, janitors, clerks, and municipal employees it seeks to disempower through Act 10. The state is bigger and stronger, Walker, Van Hollen, and their allies argue, and will not be deterred by public outcry, mass protests, or even the courts.”
MTI legal counsel Lester Pines, when presenting the Union’s argument resurrected the ship analogy, telling Van Hollen that, “The Titanic was a big ship too, compared to the relatively small iceberg that caused it to sink.” Pines added that the administration’s Act 10, like the Titanic, has hit an iceberg, and that the iceberg in this case is the Wisconsin Constitution.
In his argument, Pines told the Court that the fundamental argument came down to Constitutional rights. Pines’ claim led to Van Hollen claiming, “There is no constitutional right to collective bargaining.”
Madison Teachers, Inc. Solidarity Newsletter (PDF), via a kind Jeannie Bettner Kamholtz:
In February 2011, Governor Walker, as he described it, “dropped the bomb” on Wisconsin’s public employees, the birthplace of public employee bargaining, by proposing a law (Act 10) which would eliminate the right of collective bargaining in school districts, cities, counties, and most of the public sector. Collective Bargaining Agreements provide employment security and economic security, as well as wage increases, fringe benefits, and as U.S. Supreme Court Justice Holmes said many years ago, an effective voice for employees in the workplace. Unions had achieved these rights and benefits in a half-century of bargaining. Ostensibly proposed to address an alleged budget shortfall, the Governor’s proposed Act 10 not only called for reductions in economic benefits for public employees (e.g. limits on employer contributions toward pensions and health care), but prohibited public employers from bargaining with nearly all public employees over any issue, other than limited wage increases, under which no employee could recover losses due to the increase in the Consumer Price Index. For example, under Act 10, teacher unions can no longer bargain over issues of school safety, class size, planning and preparation time, and health insurance; educational assistants can no longer bargain over salary progression, insurance coverage or training; clerical/technical workers can no longer bargain over work hours, vacation benefits or time off to care for sick children; and state workers can no longer bargain over whistle-blower protections. The intent of the Governor was to silence public employees on issues of primary importance to them and those they serve, and to eliminate their political activity. His stated extreme, no compromise, “divide and conquer” approach was to gain full power over employees. That resulted in MTI members walking out for four days to engage in political action. Soon thereafter thousands followed MTI members, resulting in the largest protest movement in State history.
MTI legally challenged Walker’s law and in September, 2012, MTI, represented by Lester Pines, and his partners Tamara Packard and Susan Crawford, prevailed in an action before Dane County Circuit Court Judge Juan Colas, wherein Colas found that most of Act 10 is unconstitutional. In ruling on MTI’s petition, Colas agreed that Act 10 is unconstitutional as it violates MTI members’ freedom of association and equal protection, both of which are guaranteed by the Wisconsin Constitution. This enabled MTI to bargain Contracts for its five (5) bargaining units for 2014-15. MTI’s are among the few public sector contracts in Wisconsin for 2014-15.
When Dane Country Circuit Court Judge Juan Colas held officials in Gov. Scott Walker’s administration in contempt this week, he was pushing back against a level of unchecked lawlessness by this administration that is “practically seditious,” says attorney Lester Pines.
Colas had already ruled a year ago that parts of Act 10 — the law that ended most collective bargaining rights for most public employees — were unconstitutional. This included Act 10’s requirement that unions hold annual recertification elections. But commissioners at the Wisconsin Employment Relations Commission decided to ignore that decision. They went ahead and prepared for recertification elections for more than 400 school district and worker unions in November.
“The commissioners knew full well” they were flouting the court, Colas said, despite their cute argument that the word “unconstitutional” applied only to the specific plaintiffs in the case — teachers in Madison and city workers in Milwaukee.
As John Matthews, executive director of Madison Teachers Inc., put it, Colas’ decision “is one of the most important decisions not only in public-sector labor history, but also in democracy.”
The principle here is simple. If a law is unconstitutional on its face, it’s unconstitutional in every case. That has always been understood in Wisconsin courts. And, Judge Colas pointed out, the Walker officials understood it, too.
Madison Teachers, Inc. Solidarity Newsletter via a kind Jeanie (Bettner) Kamholtz email (PDF):
Collective bargaining was restored for all city, county and school district employees by a Court ruling last week through application of an earlier (9/14/12) Court decision achieved by MTI. Circuit Court Judge Juan Colas found that Governor Walker’s appointees to the WERC, James Scott and Rodney Pasch, were in contempt of court “for implementing” those parts of Act 10 which he (Colas) previously declared unconstitutional, which made them “a law which does not exist”, as Colas put it.
The Judge told Scott & Pasch to comply with his finding of unconstitutionality or be punished for their contempt. They agreed to comply.
Judge Colas made his ruling on unconstitutionality on September 14, 2012. MTI was represented by its legal counsel, Lester Pines.
In the contempt claim, in addition to MTI, Pines represented the Kenosha Education Association and WEAC. The latter was also represented by Milwaukee attorney Tim Hawks, who also represented AFSCME Council 40, AFT Wisconsin, AFT nurses and SEIU Healthcare, in last week’s case. Also appearing was Nick Padway, who partnered with Pines in representing Milwaukee Public Employees Union Local 61 in the original case.
Judge Colas specifically ordered the WERC to cease proceeding with union recertification elections, which in his earlier ruling were found to be unconstitutional. Act 10 mandated all public sector unions to hold annual elections to determine whether union members wished to continue with representation by the union. Act 10 prescribed that to win a union had to achieve 50% plus one of all eligible voters, not 50% plus one of those voting like all other elections. The elections were to occur November 1.
Solidarity eNewsletter (178K PDF), via a kind Linda Doeseckle email
MTI was again successful in challenging legislation forced through the Legislature by Governor Walker. Dane County Circuit Court Judge Amy Smith agreed with MTI’s argument that Act 21, as it pertains to the State Superintendent, is unconstitutional.
Act 21 was created to enable the Governor to control all state agencies’ creation of Administrative Rules. Historically an agency wrote a proposed Administrative Rule, sent it to the Legislature which held a hearing, and if no modifications were made, the Administrative Rule became law. Act 21 mandated that a Agency send a “proposed” Administrative Rule to the Governor, who could change it before it could go to the Legislature. Walker even forced his appointees to the Wisconsin Employment Relations Commission to make the calculation of “base wage” for teachers even more restrictive than WERC had proposed.
MTI’s challenge to Act 21 was based on the fact that the State Superintendent is a Constitutional Officer – has been since 1848. Based on that, and that the Wisconsin Supreme Court previously ruled that the State Superintendent has the authority not only to “advocate, but (is) an officer with the ability to put plans into action”, MTI, joined by WEAC, claimed that as a Constitutional Officer the State Superintendent is equal to, not subordinate to, the Governor. Judge Smith agreed, and voided that part of Act 21, as it applied to the State Superintendent.
MTI was represented by Lester Pines, Tamara Packard and Susan Crawford, Cullen Weston Pines Bach.Related: Wisconsin Education Rule-Making Battle: Should We Care? Yes; DPI Election Politics.
Why should parents, citizens, taxpayers and students pay attention to this type of “rulemaking” case?
WKCE (Wisconsin’s oft-criticized soft academic standards – soon to be replaced) and MTEL-90 (Wisconsin adopts Massachusetts’ teacher content knowledge requirements).
I found Ed Treleven’s article interesting, particularly the special interests funding the rule making legal challenge. I am a big fan of our three part government system: judicial, legislative and executive. That said, the Wisconsin DPI has not exactly distinguished itself over the past decade. The WKCE “tyranny of low expectations” is exhibit one for this writer.
Ed TrelevenEven before the change in the law, rules ultimately have to be approved by the Legislature.
Democrats had labeled the law a power grab by Walker when it was proposed after Walker was elected and before he took office. He signed it into law in May 2011.
The ruling came in a lawsuit brought by Madison Teachers Inc., the Wisconsin Education Association Council and others. Defendants were Walker, DOA Secretary Mike Huebsch and schools superintendent Tony Evers. Smith’s decision, however, notes that Evers also asked the court to block the law. Evers issued a statement Tuesday saying he was pleased with Smith’s ruling.
Lester Pines, who represented the teachers groups in court, said the law as applied to DPI ran counter to a unanimous state Supreme Court decision in 1996 that said the Legislature cannot give equal or superior authority to any “other officer.”Finally, it appears that current DPI Superintendent Tony Evers is ready to roll for the spring, 2013 election. I have noticed a number of DPI related inquiries on this site. Perhaps this will be a competitive race!
UPDATE: Gilman Halsted:The Madison teachers union was one was one of seven plaintiffs that challenged this provision of ACT 21. Union President John Matthews says he’s pleased with the ruling.
“It’s simply because of the way the Constitution defines the role of the state superintendent,” he said. “The governor has equal authority not superior authority to the state superintendent and we think because of the enterprise if you will of public education that should not be a political issue. And Judge Smith saw it our way.”
But a spokesman for the governor’s office says he’s confident that Judge Smith’s ruling will be overturned on appeal and that the governor will retain his rule making veto power. Opponents of this new executive power see it as a power grab. And although this ruling appears to limit the governor’s power over rules that affect education it leaves his authority intact for administrative rules from any other state agency. State Superintendent Tony Evers released a statement hailing the ruling and pointing out that he had proposed language that would have carved out his exemption from the governor’s rule vetoes before the law was passed.
Sports provide many opportunities for students, often well beyond the physical effort, competition and team building skills. These two articles provide different perspectives on sports, particularly the climate around such activities and the people who give so much time to our next generation.
Matthew Defour:The Dane County Sheriff ‘s Office has fired Lt. Shawn Haney because he released to the Waunakee School District a report on a September underage drinking party allegedly involving Waunakee High School students.
Lester Pines, attorney for the 21-year veteran of the department who has no previous disciplinary record, said the termination was based on an ethics violation resulting from a “conflict of interest. ”
The sheriff ‘s report described a Sept. 30 incident that led to five people, including a member of the Waunakee High School football team, being charged with various misdemeanors. According to a criminal complaint filed Nov. 13, a witness told sheriff ‘s deputies investigating the party that “the majority of the Waunakee High School football team ” was at the party.
Waunakee School District Superintendent Charles Pursell did not return messages left Tuesday. He previously said several students, including football players, were disciplined in connection with the party and an elementary school teacher ‘s aide accused of hosting the party resigned. He also has said players weren ‘t disciplined before an important playoff game because the district ‘s investigation had not yet determined that any of them attended the party.The coaching lifer, much like the three-sport varsity athlete, is on its way to extinction.
But walk into a Wisconsin Lutheran boys basketball practice, and it’s obvious there is plenty of life left in that team’s 62-year-old coach.
It has been quite a season for Dale Walz and the Vikings (4-1). Walz picked up his 500th career victory Dec. 7 when the Vikings topped Hartford, 58-47. More good news came Sunday when he learned he will be enshrined in the Wisconsin Basketball Coaches Association Hall of Fame next October.
Walz, in his 35th year as a coach at the prep level, enjoys the game as much as ever. The Vikings play host to Slinger in a big Wisconsin Little Ten Conference game tonight at 7:30.
“I’ve known since college I wanted to be a high school basketball coach,” Walz said. “The challenge is always there. There’s not a day that goes by at any time of the year when I don’t think about basketball.”
Walz, an assistant principal at Wisconsin Lutheran, has remained true to himself while making subtle adjustments to how the game and kids have changed since he ran his first practice at Lakeside Lutheran in 1973.
“He’s still intense, but everybody mellows a little,” said Ryan Walz, Walz’s second-oldest son and the Vikings’ junior varsity coach. “He’s changed with the kids, which is part of the reason he’s coached as long as he has.”I learned a number of things from my coaches many (!) years ago – including Walz. Those include:
- the benefit of persistence and a willingness to keep on when most others give up, (I consider this an invaluable lesson),
- Drive, sometimes bordering on fanaticism 🙂
- The ability to push your body far beyond what was previously possible – and why that is important for one’s self confidence,
- Competing against the best is the fastest route to improvement,
- Duplicity, that is; things are not always black and white. The Waunakee story above reminded me of the fog that is athletic conduct rules (or, cheating – more), something important to understand as one travels through life,
- Growing up: the minute I realized that the NFL or NBA was not in my future, I became more interested in lifelong pursuits, including academics.
Looking back to the 1970’s, I am astonished at the level of time and effort my coaches put into a ragtag group of kids. Creating winners out of such raw material is an art.
Update: Susan Lampert Smith:Boy, that Homecoming drinking party in Waunakee has a hangover that won’t go away.
So far, it’s cost the jobs of a Waunakee teacher’s aide, at whose home the party was allegedly held, and that of a 22-year veteran of the Dane County Sheriff’s Office, who was apparently fired ratting out the miscreants to the WIAA. Of course, that might have been because his son played for the football team of Waunakee’s arch rival, DeForest.
There are some lessons to be drawn from this fiasco: First, it seems that high school sports are just a little too important to people who are old enough to know better.
DeForest wasn’t the only Badger Conference town where people were rubbing their hands together in glee over rumors that, as one witness told the cops, “the majority of the Waunakee High School football team” was at the party. The celebrants hoped the players would get punished and miss some games. But really, why celebrate an event that could have cost lives in drunken-driving crashes?
Cap Times: It is a victory, indeed, and we celebrate it with a great guardian of the Constitution, the rule of law and justice: Lester Pines. Much more on Lester Pines, here.
BREAKING: Madison Teachers Inc. leaders, including union president Michael Jones, have filed a lawsuit against @MMSDschools over the ongoing teacher contracts dispute. Here’s a story from yesterday updating where things were: https://t.co/eiyGBlS8Ps — Scott Girard (@sgirard9) June 9, 2021 Lester Pines (Pines Bach law firm) has long represented local and state Teacher unions. Related: Catholic schools will sue […]
Wisconsin’s stürm and drang over “Act 10” is somewhat manifested in Madison. Madison’s government schools are the only Wisconsin District, via extensive litigation, to still have a collective bargaining agreement with a teacher union, in this case, Madison Teachers, Inc. The Madison School Board and Administration are working with the local teachers union on a […]
Madison Teachers, Inc., via a kind Jeanie Kamholtz email (PDF): Of the grievance procedure, MTI Legal Counsel Lester Pines said: “I congratulate MTI and its sister Unions of District employees (AFSCME and The Building Trades Council) for achieving an agreement that the Independent Hearing Officer will be mutually selected by the Union and the District […]
ines helped spearhead the legal challenge against Act 10, which curtailed collective bargaining for most public sector workers. In a case involving Madison Teachers Inc. and Public Employees Local 61 in Milwaukee, a Dane County circuit judge struck down portions of the law.The case now goes to the state Supreme Court.
In another case involving Pines and Madison Teachers Inc., a Dane County judge struck down a portion of a law that gave Walker the power to veto rules written by the state schools superintendent. The case is now before the 4th District Court of Appeals in Madison.
Pines, representing the League of Women Voters, successfully argued in front of a Dane County judge that the state’s voter ID law violated the Wisconsin Constitution. The decision was overturned by the 4th District Court of Appeals, and the league has petitioned the Supreme Court to review the ruling. The voter ID measure remains on hold because of a ruling in a separate case.
“I believe that my law firm — because of the position we’re in and because of the work we’ve done — has disrupted the (Walker) agenda by using appropriate means and calling on the third equal branch of government (the court) to stop the majoritarian and authoritarian impulses of this Legislature,” he says.
The outcome of the cases is far from certain. But one thing is clear: Pines will keep up the fight.
To complete the hat trick, late last month Pines, representing Madison Teachers Inc. and the Wisconsin Education Association Council, stuck it to Republicans again when Dane County Judge Amy Smith struck down part of a law that consolidated rule-making authority in the governor’s office. That law gave Gov. Scott Walker control over rules that govern agencies like the Attorney General’s Office, the Government Accountability Board, the Employment Relations Commission, the Public Service Commission and the Department of Public Instruction, all of which were previously independent. Pines argued, and Smith agreed, that State Superintendent Tony Evers had constitutional powers beyond the governor’s reach.
“They extended (the law) to the Department of Public Instruction despite the fact that they were told in the brief legislative hearings they held on that bill that it was likely unconstitutional,” says Pines. “But they didn’t care. They just did it.”
While Pines’ recent wins are likely to be appealed, one thing is clear: He’s on a roll. How did he get to be such a pain in the collective GOP butt?