Yesterday [May 28], there was a hearing on a motion to dismiss Abbotsford Education Association v. Wisconsin Employment Relations Commission—the union’s newest challenge to Act 10 in Wisconsin. As is customary, an expensive DC lawyer came to town to argue on behalf of the labor unions (the plaintiffs) to try to keep their calamitous challenge alive. The Wisconsin Department of Justice (DOJ) and the Wisconsin State Legislature are currently defending the matter.
Earlier this year, the Wisconsin Institute for Law & Liberty (WILL) filed a conditional motion to intervene on behalf of a schoolteacher who supports Act 10 and does not want to lose the protections the law affords her. We asked the court to hold that motion, and to grant us the ability to file an amicus brief if the lawsuit continues. If the DOJ or the state legislature change their mind and stop defending the law, we will be able to intervene as a party at the time.
The judge indicated he will render a written decision on whether to dismiss the lawsuit soon. Let’s hope that happens. Act 10 has saved the state of Wisconsin over $16 billion to date.
In April, WILL’s Research Director, Dr. Will Flanders, released “Back to the Past: The Fiscal Threat of Reversing Act 10 in Public Education,” providing an in-depth examination into the fiscal impacts on school districts of reversing former Governor Scott Walker’s landmark collective bargaining reforms. Our findings show that ending Act 10 would create a substantial hole in school district budgets, negatively impacting the educational experience of Wisconsin students across the state.
What would repealing Act 10 cost?
- Restoring collective bargaining for teacher salaries could cost nearly $650 million annually.
- Eliminating employee contributions to retirement could cost about $422 million annually.
- Eliminating employee contributions to health care could cost about $560 million annually.
- The bottom line: In total, school districts could be on the hook for $1.6 billion annually if Act 10 is fully repealed.
A fiscal impact of this magnitude will create problematic decisions for school districts, a combination of property tax increases, the need for larger class sizes, and cuts to popular programs. Instead of compensating teachers for talent, aptitude and results, there will be a return to compensating for length of time in the field. Ways to incentivize and reward motivated teachers may disappear.
Prior to the passage of Act 10, there were claims that the legislation would be devastating to the state’s teaching workforce, and that teachers would leave the profession in droves. Wisconsin now has more teachers than in 2002—a decade before Act 10 was passed. Dr. Flanders’ report also examines additional myths that detractors of Act 10 said would happen but never did. The report can be found at: will-law.org/act-10-cost in its entirety.
