New Berlin Teachers, WEAC File Suit Challenging QEO Rules

The New Berlin Education Association and WEAC have filed a lawsuit challenging the formula that determines how much money is available for teacher salaries under the Qualified Economic Offer law.

The complaint alleges the Wisconsin Employment Relations Commission exceeded its authority in the administrative rules it wrote to govern implementation of the QEO law.

Specifically, the lawsuit challenges the commission's use of "cast forward" costing, which allows school districts to pocket the savings from teacher turnover. School districts save money every year when higher-paid experienced teachers retire or resign and are replaced by lower-paid beginning teachers. If "actual costing" were used in the QEO calculations, the savings from turnover would be applied to future teacher salaries.

The lawsuit -- filed in Dane County Circuit Court by WEAC Legal Counsel Tony Sheehan and Associate Counsel Chris Galinat -- relates to the QEO law, which was passed by the Legislature and signed by the governor in 1993.

The QEO law removes the right of teacher unions to seek binding arbitration in contract negotiations if school boards offer a specified minimum raise, or Qualified Economic Offer. Generally, that involves a salary increase of 2.1% and a benefits increase of 1.7%. The lawsuit challenges the way in which the 2.1% figure is calculated.

The lawsuit seeks to invalidate the QEO imposed on members of the New Berlin Education Association by the New Berlin School Board and send the dispute to arbitration. It also seeks to establish a precedent that will apply to other teacher locals throughout Wisconsin.

The legal action also seeks to remove the ability of a district to impose a QEO until the union has had a chance to appeal the accuracy and legitimacy of a district's offer.

The WERC has 45 days to respond to the complaint.

Posted December 26, 1997