2005-06 WEAC Legislative Agenda - Repeal of QEO

Background
In order for a school to have a great staff, the staff members must be part of the decision-making in how the school is run. And one reason Wisconsin has had such high quality school staff over the years is that they have been involved, through collective bargaining, in decisions about their schools.

Unfortunately, the Qualified Economic Offer (QEO) law has taken decision-making power away from teachers and it is having a negative impact on the quality of our schools.

If Wisconsin is to recruit and retain the best and the brightest educators, it must restore fairness to the state bargaining law. The QEO law must be repealed.

Under the QEO law, school boards have two options for setting teacher pay and benefits. Either impose a QEO by offering at least a 3.8 percent settlement (combined as an increase of 2.1 percent on salary and 1.7 percent on benefits). Under the QEO law, teachers cannot petition to take the contract to arbitration and they cannot strike.

If teachers reject the QEO proposal, the school board can impose it, leaving teachers with no legal means to achieve resolution. Moreover, once wages and benefits have been set and a minimum QEO is offered, teachers lack the bargaining leverage to effectively negotiate other compensation or education issues such as class size, preparation time, professional development, or student discipline.

Legislative history
The 1999-2001 state budget contained WEAC-supported modifications to the QEO. The law changed so that costs of educational attainment (lane movements) are no longer counted as part of a QEO. WEAC also fought for and won other modifications to the QEO law as part of the 2001-2003 state budget. These changes protected permissive subjects in bargaining and required the Wisconsin Employment Relations Council to define a timely, bona fide QEO. Governor McCallum, however, vetoed all the changes.

Another bill, 2001 Senate Bill 200, was introduced to repeal the QEO. The bill received 25 co-sponsors in the Legislature. More than 1,300 WEAC members and supporters attended a public hearing in June 2001 to register in favor of the bill.

Governor Doyle included repeal of the QEO as part of his 2003-2005 biennial budget. The Joint Finance Committee called this “non-fiscal policy” and removed it from the budget. For the first time in 10 years, floor votes to repeal of the QEO happened during debate on final passage of the 2003-2005 budget. The budget amendments failed on straight party-line votes. The Assembly voted 39-58 and the Senate voted 15-18.

WEAC position
WEAC supports repeal of the Qualified Economic Offer law.

Talking points
The QEO is no reward for the nation’s best educators

  • Wisconsin teachers are the most qualified in the country but rank 23rd in pay. In a study of teacher qualifications, the Associated Press reported that 98.6% of Wisconsin teachers meet the standards for being “highly qualified” under the revised Elementary and Secondary Education Act, often referred to as the No Child Left Behind law. That is the highest percentage in the nation.

  • The average Wisconsin teacher earned $42,775 in 2002, a 1.3% increase over the previous year. The national average was $45,930, a 2.7% increase from 2001-2002. Since the Qualified Economic Offer law was imposed in 1993, Wisconsin teacher salaries have fallen from 15th to 23rd in the nation, declining from 103% to 93% of the national average.

  • Wisconsin has some of the best and the brightest teachers in the country. The typical teacher has 16 years’ experience and a master’s degree.

The QEO is unfair and destroys the collective bargaining process

  • From 1978 to 1993, Wisconsin's collective bargaining law provided a non-confrontational arbitration process to resolve contract disputes between teachers and school boards. The 1993 “Qualified Economic Offer” law changed that process. It allows school boards to unilaterally impose pay and benefit packages on teachers provided certain minimal criteria are met.

  • If a school board imposes a QEO, its teachers are left with no legal means to achieve resolution. Teachers cannot petition to take the contract dispute to arbitration, and they cannot, by law, strike.

  • Because the QEO includes benefits, salaries do not increase 3.8%. Since the QEO law went into effect, Wisconsin teachers have received an increase in starting pay of 1.9%.

Additional information
Contact Bob Burke at WEAC at 800-362-8034 ext. 254 or by e-mail at burkeb@weac.org with any reactions, comments or questions.

Posted March 30, 2004