Operating Engineers v. Evers
Case Name:Operating Engineers of Wisconsin, IUOE Local 139 v. Governor Tony Evers
Type of Case: Act 10
Court: District Court for the Eastern District of Wisconsin
Case Number: 18-cv-285;
Filed On: May 7, 2019;
Current Status: Dismissed and refiled; Motion to Intervene
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. In the amended 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. However, the judge dismissed the case as improperly reopened, and the unions filed a new case on the same issue.
- PDF: First Amended Complaint
- PDF: Memo Supporting Motion to Intervene
- PDF: Koschkee Declaration
- PDF: Motion to Intervene
- PDF: Second Amended Complaint
- PDF: Response to Motion to Intervene
- PDF: Reply Brief in Support of Motion to Intervene
- PDF: Defendant’s Brief in Support of Motion to Dismiss
- PDF: Legislature’s Brief in Support of Motion to Intervene
- PDF: Plantiff’s Response to Defendants’ Motion to Dismiss