Abbotsford Education Association v. WERC

Case Overview

Case Name: Abbotsford Education Association v. WERC
Type of Case: Preserving Democracy Project
Court: District II Court of Appeals
Case Number: 2024AP002429
Filed On: 01/16/2025
Current Status: WILL is officially a party in this case, and we are representing our client on a First Amendment issue. A petition to bypass the District Court of Appeals was denied by SCOWIS.

Meet The Client

WILL Client and Defendant, Kristi Koschkee, faces significant harm if Act 10 were to be somehow repealed or scaled back. Ms. Koschkee is a public-school district employee who values the benefits the Legislature provided her via Act 10. Koschkee does not want her local union interfering with her relationship with her employer by bargaining on subjects beyond those permitted by Act 10 or entering agreements that last longer than a year. She supports requiring unions to rectify annually, does not want to have her decision to abstain from a union certification vote work in the union’s favor, and does not want to be pressured into participating in recertification elections. Ms. Koschkee also opposes allowing unions to access employee wages directly through payroll deductions.
Lawyers

Lucas Vebber

Deputy Counsel
[email protected]

Luke Berg

Deputy Counsel
[email protected]

Nathalie Burmeister

Associate Counsel
[email protected]

WILL was founded in 2011, partially in response to the same legal challenges against lawful acts of Governor Walker and the Wisconsin Legislature. Over the years, we have participated in many legal efforts and published policy work highlighting this legislation’s benefits. Our research has found that union membership has plummeted since Act 10 as more and more government employees exercise their right to vote themselves out. We also found that this reduction in the number of public sector unions did not lead to significant declines in student proficiency. Indeed, areas that more thoroughly took advantage of the pay structure creativity afforded by the law saw achievement gains.

Press Release

  • WILL Statement on SCOWIS Decision Denying Bypass Petition (2/12/2025)
    By: Pat Garrett
    - WILL issued a statement following the Wisconsin Supreme Court’s denial of a bypass petition in Abbotsford Education Association v. WERC, which would have allowed the state’s highest court to rule on the merits of Act 10 immediately, entirely circumventing the Court of Appeals.
  • WILL Files New Legal Motion to Defend Act 10 Based On 1st Amendment Concerns (12/11/2024)
    By: WILL Comms
    - The Wisconsin Institute for Law & Liberty filed a new motion to intervene in defense of Act 10 due to a recent court decision that creates serious constitutional concerns regarding the 1st Amendment and compelled speech.
  • WILL Statement on New Act 10 Ruling (12/2/2024)
    By: Pat Garrett
    - WILL responded to a new ruling striking down key components of Act 10, collective bargaining reform legislation signed into law by then Governor Scott Walker in 2011.
Case Documents

Judges Order Granting WILL’s Motion to Intervene, January 2025
Opposition to the Petition for Bypass, January 2025
SCOWIS Order Denying Bypass, February 2025