Labor — Act 10

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Wisconsin Court of Appeals

Civil

Labor — Act 10 — contracts clause

Act 10 does not affect labor agreements already in effect.

“Under the Agreement, which was in effect at the time that Act 10 was passed, Kiser had the right not to be discharged without just cause and the School District promised to be bound by an arbitrator’s decision resolving any dispute that arose over the interpretation of the Agreement.  Kiser disputed whether the School District had just cause to discharge her during a time when she was covered by the Agreement, and thus the arbitrator had the authority to decide the issue and order any remedy that was contemplated by the parties as part of the Agreement.  Reinstatement and full back pay are remedies contemplated by the Agreement and, indeed, were what Kiser sought when she filed her grievance.  It is irrelevant whether subsequent contracts would entitle Kiser to such relief.  Just because the School District no longer needed just cause to discharge Kiser or have an arbitrator decide disciplinary disputes after June 30, 2011, does not mean that it no longer needed just cause to discharge Kiser on November 9, 2010, or was not bound to an arbitrator’s subsequent decision related to that discharge.”

Affirmed.

Recommended for publication in the official reports.

2013AP220 School District of Kewaskum v. Kewaskum Education Association

Dist. II, Washington County, Muehlbauer, J., Reilly, J.

Attorneys: For Appellant: Nusslock, Kathy L., Milwaukee; For Respondent: Garczynski, Randall R., Madison; Kobelt, Kurt C., Madison; Huston, Joanne L., Madison