Case Name: Operating Engineers of Wisconsin, IUOE Local 139 v. James J. Daley

Type of Case: Act 10

Court: District Court for the Eastern District of Wisconsin

Case Number: 19-cv-1223;

Filed On: September 30, 2019;

Current Status: District Court dismissed all of the Plaintiff’s claims

In 2018, a union filed a short-lived, new challenge to Act 10 that was voluntarily dismissed.

In 2019, the union attempted to reopen the case by filing an amended complaint. Although their exact motive for taking this route instead of filing a new case is unknown, it is likely the union wanted to keep the case in front of the same judge, Lynn Adelman. The union ultimately dismissed their own action and filed a new lawsuit. In their complaint, the union argues that Janus, the U.S. Supreme Court case that struck down mandatory union dues for public employees, somehow makes Act 10 (which statutorily invalidated union dues for most public employees, among other reforms) unconstitutional.

On behalf of Kristi Koschkee, a public teacher who objects to being forced to pay dues to a union, we filed a motion to intervene in the case and defend Act 10.

See Operating Engineers v. Evers for the union’s first attempt to bring this lawsuit.

CASE DOCUMENTS

• PDF: Notice of Motion and Motion to Intervene as Defendant
• PDF: Report of Rule 26(f) Planning Meeting
• PDF: Defendant’s Memo in Opposition to the motions to Intervene
• PDF: Plaintiffs’ Response in Opposition to Defendant’s Motion to Dismiss
• PDF: Plaintiffs’ Response in Opposition to Motion to Intervene
• PDF: Proposed Intervenor-Defendant Koschkee’s Reply Brief in Support of Motion to Intervene Defendant
• PDF: The WI legislatures Reply Memo in Support of Motion to Intervene
• PDF: Defendant’s Reply in Support of His Motion to Dismiss
• PDF: WI Legislature’s Proposed Reply Memo in Support of Its Motion to Dismiss
• PDF: The WI Legislature’s Proposed Supplemental Memo in Support of Its Motion to Intervene
• PDF: Proposed Intervenors May File Initial Supplemental Briefs
• PDF: Defendant’s Memo of Law in Opposition to Motions to Intervene
• PDF: Defendants Reply in Support of His Motion to Dismiss
• PDF: WI Legislature’s Proposed Reply Memo in Support of its Motion to Dismiss