Understanding an Overlooked Aspect of the Budget Repair Bill

I wanted to start my first blog with a discussion of an important consequence of the public employees and teachers union’s restricted role of the collective bargaining agreement and the part it has played in the day to day operations. I have brought this issue up in previous posts, but I don’t think people fully understand the task ahead.

Most non-government entities of any size have addressed work place functioning through the drafting and implementation of extensive policies and procedures. The Human Resource Department is charged with the administration and maintenance of such. Even private employers that have unions, still have extensive policies and procedures to cover the non-union employees. The policies and procedures are drafted to state clearly the duties and responsibilities of employment, scope of work and the worker’s rights and protection. I have had to read and sign these policy and procedures documents before I could work for a particular employer and they reflect a form of an employment contract. However, agreeing to comply with a company’s policies and procedures does not preempt any federal, state or local statutes regarding workers basic legislated rights.

When Wisconsin passed legislation in 1959 granting public employees the right to organize and to be represented by unions, it was another Wisconsin First in the nation. The original statutes have been amended over time as changes were needed, but it continued to provide a suitable framework to work from in conjunction with the collective bargaining agreements negotiated between the unions and the selected governments. What has happened over the fifty plus years is the collective bargaining agreements have grown in importance and have over time become integral to a set of comprehensive workplace rules, policies and procedures. I am not going to address whether restricting collective bargaining is a good policy move, but what must be considered without these agreements.

From what I have been able to determine, state and municipal employees of larger communities are fairly well covered and protected by the Wisconsin Municipal Employees Act and Wisconsin State Employees Labor Relations Act. However, there are gaping holes in the coverage that had been, until the present, covered by the various collective bargaining agreements. Smaller communities and most of all the school districts have a much larger problem. From information that I have gained, they do not have in place a comprehensive structure of policies, procedures, rights and protections for teachers and staff; depending wholly on the collective bargaining agreements to fulfill this need. If and when the bargaining agreements are no longer in force, then the school districts will be having to draft and implement local policies and procedures, and do it in a hurry.

To draft and implement such policies will take time and money to accomplish. In the meantime, disputes between employees and the small municipalities or school districts will most likely wind up in the courts for resolution. Here’s the rub; where are the school districts, in particular, going to come up with the money to accomplish such an in depth project. Who on staff is qualified to do it or are they going to have to contract it out? Finally, are the policy and procedures drafting and implementation programs going to be ready in time? In addition, where are these public entities going to come up with the money to defend themselves in the courts; knowing full well that litigation is sure to follow?

When the legislature hastily passed the Budget Repair Bill and the governor signed it, there doesn’t appear that any thought was given to this problem. There are still many questions that come to mind: Will each public employee have to take on the task of handling their own grievances or disputes, or will the unions still be able to represent the employee in such proceedings? Will the employee have to come up with the funds to participate in their own grievance or dispute?  I fear that the Budget Repair Bill will have to be revisited time after time and statutes will have to be added to address the many issues and problems as they come up. If the will of the electorate is to implement limiting public union statutes, then it is worth the time and trouble to drop the current BRB and carefully draft a new bill. By taking the time to do a comprehensive job, it will save money and minimize a potential problem.