Should Wisconsin school teachers and unions be sued for the strike?

@Taskr36 (13925)
United States
February 19, 2011 1:00pm CST
One thing that hasn't been talked about much is that the strike is a violation of state law and their union contract. The law gives the state the power to sue, suspend, and fire any employees who strike. Personally I'm all for suing and firing them. 111.89 Strike prohibited. (1) Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.84 (2) (e) or both. It is the responsibility of the office to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief. (2) The occurrence of a strike and the participation therein by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including: (a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating therein; (b) The right to cancel the reinstatement eligibility of any employee engaging therein; and (c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging therein, or to sue for damages because of such strike activity. http://legis.wisconsin.gov/statutes/Stat0111.pdf
1 person likes this
6 responses
@dark_joev (3043)
• United States
19 Feb 11
It really wont help the state any if they fire the teachers as they will have to hire new ones and the union well that is kinda like sueing a business it won't have much affect the Union will still be there and if you do manage to sue them into non existence you run the risk of getting SEIU or some other massive Public Employee Union involved. I don't think the state wants to run the risk. I think though that more budget cuts are going to be needed for this whole mess that has developed.
@Taskr36 (13925)
• United States
19 Feb 11
That's where this legislation would be beneficial. If/when this passes, unions won't be able to force people to join and pay dues. Personally I've always hated the idea that unions could collect dues from people who never wanted to join in the first place.
@dark_joev (3043)
• United States
20 Feb 11
Well even if you elect to be a non member you still have to pay some dues to the Union because you are still going to be effected by there decisions and the Collective Bargaining Agreement that they sign will be the things you will have to follow. Not sure how if you still get the right to union rep or not as you are not a member of the union.
@owlwings (39626)
• Cambridge, England
19 Feb 11
The law, as you have reproduced it, does not make it a violation of state law to strike nor does it give the state the power to sue, suspend or fire any employees who strike. What the law does is to protect the rights of employers to deal with the action in a way which they see fit. The state itself has no powers unless the strike action causes a civil disturbance, in which case, of course, police powers would become appropriate.
@Taskr36 (13925)
• United States
19 Feb 11
How is it NOT a violation of state law when state law clearly says "Strike Prohibited" "What the law does is to protect the rights of employers to deal with the action in a way which they see fit." And when that employer is the STATE the state then has the power to sue, suspend, or fire employees for striking. If they are county employees, then it's the county that has the right to do so.
@owlwings (39626)
• Cambridge, England
19 Feb 11
Of course, if the state is the employer, then it protects the rights of the state in its capacity as an employer.
• United States
20 Feb 11
Me thinks one should look at 111.84(2). Although it shows in 111.84(2)(e) that Taskr is right about forcing the employee to strike, 111.84(2)(c) deals with collective bargaining which is the current problem that the teachers are protesting about. On Wisconsin Teachers!
@Destiny007 (5820)
• United States
22 Feb 11
I agree. The teachers should be heavily fined and fired immediately, and the union should be sued into nonexistence. Unions serve no useful purpose and should be completely eliminated.
@dark_joev (3043)
• United States
22 Feb 11
Well your statement about Unions serving no Purpose is completely wrong. For more reasons that I could even state here. But I will state a some Unions ensure a safe environment that is higher than the very minimum required by the Government. Unions ensure that the workers are taken care of either through their own services offered to Union Memebers or through the Collective Bargaining Agreement. Workers have the right to Unionize if they so choose anything else would be a violation of the First Amendment to do so. Unions hold the Employer Accountable for their actions. As for sueing the Union into non existence then Wisconsin wouldn't be dealing with a local Union they would be dealing with SEIU. And trust me SEIU wouldn't be even having this discussion they would use their vast resources across the state to make sure this didn't go through. They would employ every known tactic to get rid of this. But I know from your post on her that you aren't a up for people having freedom of choice so I guess in your corporatist view that Unions are evil for keeping the Corporations in check. Because caring for your workers isn't important just the profits and if the Government will bail you out.
@Taskr36 (13925)
• United States
22 Feb 11
Well right now there is absolutely no evidence that the union called for any strike and they've checked pretty thoroughly. As such, the union can not be sued or blamed. That means that they just have to fire and sue the individual teachers. If any of those teachers come in with bogus doctor's notes, then the doctors should be sue for conspiracy to commit fraud.
@Rollo1 (16686)
• Boston, Massachusetts
20 Feb 11
Does it count as a strike if they call in sick? I am jsut wondering if they are getting around that provision by not calling it a strike and having a "sick-out" instead.
@laglen (19782)
• United States
20 Feb 11
calling in sick with fake doctors notes I believe would be fraud and should be punished accordingly
@Taskr36 (13925)
• United States
20 Feb 11
It's still a strike. Sadly I just heard on the news that there are apparently some doctors supporting their strike that are willing to give them fake doctor's notes. Now I could be wrong, but that sounds like medical malpractice to me.
@bobmnu (8160)
• United States
20 Feb 11
If a teacher called in sick and then went to Madison to protest then action should be taken against them. I believe that all emails have to be kept by the teachers and if they find that a Union Official has suggested that they call in sick that would be a conspiracy and if proven I think the Union should then be disbanded and Union officials made to pay damages to the school districts. Part of the problem is the Unions are preventing changes that would improve education for the students.
@Adoniah (7515)
• United States
19 Feb 11
I think there is a lot more to this story. It is starting to unfold even now. Yes I think the Union and the Teachers owe monies for this strike. They certainly owe something to the children, especially for the bad example that they are setting for them.