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Kenosha Teachers Seek Agreement to Strike

The Kenosha Education Association Tuesday (February 19, 2002) asked the school board to agree to a procedure that would allow its members to engage in a legal strike.

Update: On February 26, the Kenosha Unified School Board rejected the KEA's request for a voluntary impasse procedure.
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Voluntary impasse
resolution procedure

The section of Wisconsin statutes that regulates bargaining between teachers and school boards (111.70) includes the following provision:

111.70(4)(cm)5. 'Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including authorization for a strike by municipal employees or binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. A copy of such agreement shall be filed by the parties with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7., 7g. and 7r.

Go to the statute

 

State law prohibits teacher strikes, but it makes an exception if the school board and union agree to a strike as part of a "voluntary impasse resolution" procedure. In effect, that means that if the school agrees, members of a local teachers union can legally go on strike.

KEA President Ellen Kupfer said the union decided to pursue the voluntary impasse resolution procedure Tuesday after mediation attempts "ground to a halt." Like more than 300 teacher locals throughout the state, KEA members have been working without a current contract since June 2001.

Kupfer said the union had polled its membership and received overwhelming support to proceed with the strike request.

Although many consider it unlikely that the school board would agree to a teachers strike -- and at least two board members immediately told the Kenosha News they opposed the request -- it is possible. And the union is very serious about engaging in a legal strike, Kupfer said.

"If I didn't believe we had the support of our membership to do this, we would never have brought it forward," she said. "We have done what I consider milder job actions such as wearing red buttons, picketing school board meetings, and working to the contract, but that's not enough anymore."

Kupfer said that if the board rejects the strike request, "we have a whole long job action plan that intensifies in a step-by-step process."

"This (voluntary impasse resolution procedure request) is not our trump card," she said.

Kupfer said she expected other teacher unions throughout the state to consider seeking strike agreements under the voluntary impasse resolution procedure.

"We are a little farther along in the process than many other local associations," she said. "As frustration grows and the process falls apart in other areas, they will come to the same situation as we're in. It's just a matter of time."

Resource page on the Qualified Economic Offer law

Posted February 20, 2002

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