Employment – furloughs — sovereign immunity

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Wisconsin Court of Appeals

Civil

Employment – furloughs — sovereign immunity

This appeal concerns the disparity in the number of furlough days imposed, during the 2009-11 biennium, on members of the Wisconsin State Employees Union (WSEU) compared with members of some other state employee unions. However, the issues before us do not require that we address the merits of WSEU’s argument that its members were treated unequally in violation of an agreement, a statute, and an administrative rule. Rather, the question here is whether the State’s sovereign immunity prevents the merits of WSEU’s claim from being litigated in this action. For the reasons below, we conclude that sovereign immunity precludes WSEU’s action. Accordingly, we reverse the circuit court and remand with directions that the circuit court enter a final order dismissing the action. Not recommended for publication in the official reports.

2012AP443 Wisconsin State Employee Union AFSCME, AFL-CIO v. State of Wisconsin, et al.

Dist IV, Dane County, Albert, J., Lundsten, P.J.

Attorneys: For Appellant: Rice, David C., Madison; Ramsey, William H., Madison; Kilpatrick, Steven C., Madison; For Respondent: Lautenschlager, Peggy A., Madison;