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'Monumental Victory': Wisconsin Judge Axes Walker-Era Attack on Union Rights
"All Wisconsinites deserve the opportunity to live in a state that treats all workers with respect and dignity," one state representative said.
Dec 03, 2024
More than a decade after it sparked massive protests in the state capital, a Wisconsin judge on Monday struck down a controversial law that effectively ended public sector collective bargaining in the state.
In his final judgement, Dane County Circuit Judge Jacob Frost crossed out 85 sections of the 2011 law known as Act 10, which was championed by then-Republican Gov. Scott Walker. Frost's ruling restored the union rights of teachers, sanitation workers, nurses, and other public sector employees.
"After 14 years of battling for our collective bargaining rights, we are thrilled to take this step forward," Rocco DeMark, a building service worker and SEIU Wisconsin worksite leader, said in a statement. "This victory brings us immense joy. Our fight has been long, but we are excited to continue building a Wisconsin where we can all thrive."
"We realize there may still be a fight ahead of us in the courts, but make no mistake, we're ready to keep fighting until we all have a seat at the table again."
Act 10 severely weakened the power of public sector unions in Wisconsin by only permitting them to bargain for wage increases that did not surpass inflation. It also raised what public employees paid for healthcare and retirement, ended the automatic withdrawal of union dues, and required workers to recertify their union votes every year.
The law has had a major impact on the Wisconsin workforce. Between 2000 and 2022, no state saw a steeper decline in its proportion of unionized employees, a drop that the nonpartisan Wisconsin Policy Forum partly attributed to Law 10. Unions say that the law has caused a "crisis" for the state's education workforce, as 40% of new teachers leave within six years due to low pay and an unequal wage system. There is also a 32% vacancy rate for state correction officers.
Act 10 had one exception, however: Certain "public safety" employees such as police and firefighters were exempt from the collective bargaining restrictions imposed on "general" employees. It was this division that unions used to challenge the law in November 2023, arguing that it violated the equal protection clause of the Wisconsin Constitution. In July, Frost affirmed that the law was unconstitutional when he struck down an attempt to dismiss the suit. Then, on Monday, he specified exactly which parts of the law would be struck down.
"Judge Frost's ruling is a monumental victory for Wisconsin's working class," Democratic Wisconsin State Assembly Member Darrion Madison toldCourthouse News Service. "All Wisconsinites deserve the opportunity to live in a state that treats all workers with respect and dignity."
The lawsuit was brought by Ben Gruber, Matthew Ziebarth, the Abbotsford Education Association (WEAC/NEA), AFSCME Local 47, AFSCME Local 1215, Beaver Dam Education Association (WEAC/NEA), SEIU Wisconsin, Teaching Assistants Association (TAA/AFT) Local 3220, and Teamsters Local 695.
"Today's decision is personal for me and my coworkers," said Gruber, who serves as president of AFSCME Local 1215. "As a conservation warden, having full collective bargaining rights means we will again have a voice on the job to improve our workplace and make sure that Wisconsin is a safe place for everyone."
The news was also celebrated by state›wide advocacy groups and national leaders.
"We applaud today's ruling as a win for workers' rights and as proof that when we come together to ensure our courts and elected leaders are working on behalf of our rights and freedoms instead of partisan antics, we can accomplish great things," said A Better Wisconsin Together deputy director Mike Browne.
American Federation of Teachers president Randi Weingarten said: "This decision is a big deal. Act 10 stripped workers of the freedom and power to have a voice on the job to bargain wages, benefits, and working conditions. It's about the dignity of work. And when workers have a voice, they have a vehicle to improve the quality of the services they provide to students, patients, and communities."
"Former Gov. Scott Walker tried to eliminate all of that, and it hurt Wisconsin," she continued. "Now, many years later, the courts have found his actions unconstitutional."
Rep. Mark Pocan (D-Wis.) wrote on social media, "I voted against Act 10 more than 13 years ago, and am thrilled our public servants are able to once again organize and make their voices heard."
This is not the first time that Act 10 has been challenged in court, but it is the first time since the state's Supreme Court switched from a conservative to a liberal majority in 2023. Since Republican lawmakers have promised to appeal Frost's ruling, the law's ultimate fate could depend on elections in April 2025, which will determine whether the court maintains its liberal majority, according toThe Associated Press.
As they celebrated, the plaintiffs acknowledged the legal fight was not yet over.
"We realize there may still be a fight ahead of us in the courts, but make no mistake, we're ready to keep fighting until we all have a seat at the table again," Gruber said.
WEAC President Peggy Wirtz-Olsen said: "Today's news is a win and, while there will likely be more legal legwork coming, WEAC and our allies will not stop until free, fair, and full collective bargaining rights are restored."
Betsy Ramsdale, a union leader who teaches in the Beaver Dam Unified School District, said that public sector collective bargaining rights ultimately helped the state.
"We're confident that, in the end, the rghts of all Wisconsin public sector employees will be restored," she said. "Educators' working conditions are students' learning conditions, and everyone benefits when we have a say in the workplace."
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Sanders Report Details Plot by Right-Wing Billionaires to 'Sabotage' Public Education
"Instead of siphoning money and increasing tax breaks to subsidize private education, we have a responsibility to ensure all students have access to quality K-12 education."
Jun 25, 2024
Sen. Bernie Sanders released a report Tuesday detailing how right-wing billionaires are bankrolling coordinated efforts to privatize U.S. public education by promoting voucher programs that siphon critical funding away from already-underresourced public schools.
The report notes that last year, the American Federation for Children (AFC)—an organization funded by former Trump Education Secretary Betsy DeVos—"ousted state lawmakers in Iowa and Arkansas who resisted proposals to subsidize private education in states and passed expansive private school vouchers."
Aided by millions of dollars in funding from DeVos and her husband, "AFC's political affiliates and allies spent $9 million to win 277 out of 368 races to remove at least 40 incumbent lawmakers," the report adds.
The DeVos family is hardly alone in using its wealth to undercut U.S. public education. The Bradley Foundation, which has been knee-deep in efforts to privatize education in Wisconsin and across the country, spent $7.5 million in 2022 "to fund 34 state affiliates of the State Policy Network to push conservative policy agendas, including privatizing education, and $8.3 million to building a youth movement to 'win the American Culture War.'"
"The Koch-sponsored group, American Encore, has funneled substantial amounts into state governor races and ballot initiatives around the country, including more than $1.4 million to elect Arizona's former governor Doug Ducey in 2014 (who led the efforts to create the nation's first universal private school voucher)," the report adds.
"For too long, there's been a coordinated effort to sabotage our public schools and privatize our education system. Unacceptable."
The analysis also names billionaires Jess Yass of Susquehanna International Group, Richard Uihlein of Uline, and Bernard Marcus of Home Depot, all of whom have recently donated to the School Freedom Fund—a PAC that supports voucher programs and shuttering the U.S. Education Department.
School voucher programs
disproportionately benefit wealthy families, analyses have shown, while undercutting the goal of serving all students within a community.
"Over the past decade, there has been a coordinated effort on the part of right-wing billionaires to undermine, dismantle, and sabotage our nation's public schools and to privatize our education system," Sanders (I-Vt.), chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, said in a statement. " That is absolutely unacceptable."
"We can no longer tolerate billionaires and multinational corporations receiving massive tax breaks and subsidies while children in America are forced to go to understaffed, underresourced, and underfunded public schools," Sanders continued. "On this 70th anniversary year of Brown v. Board of Education, let us recommit to creating an education system that works for all of our people, not just the wealthy few."
The new report, authored by the Senate HELP Committee's majority staff, comes days after Sanders presided over a hearing at which a pair of public school teachers decried the low educator pay and lack of resources plaguing schools across the U.S. and threatening the foundations of the country's public education system.
The committee's report shows that while most states have chronically underfunded their public schools, spending on voucher programs that subsidize private schools with taxpayer dollars has surged across the country. Between 2008 and 2019, according to a recent analysis cited in the report, Florida ramped up spending on voucher programs by 313% while "decreasing per-pupil funding of public schooling by 12%."
"The expansion of private school voucher programs forces very real tradeoffs. Money spent on private school vouchers could instead be used to hire teachers, raise wages, hire school counselors, and invest in high-quality academics for students," reads the new report, which estimates that "Arizona could hire 15,730 more public K-12 teachers with the money it is instead spending on private school vouchers."
The report calls on Congress to help reverse the trend of billionaire-backed school privatization by investing more in public education—including early childhood education and community schools—and by passing Sanders' legislation to set the pay floor for U.S. public school teachers at $60,000 a year.
The report also recommends passage of the
College for All Act, a Sanders-led bill that would make public colleges and universities tuition-free for students from households making less than $250,000 a year.
"As the richest country in history, the United States should have the best education system in the world," Sanders' report reads. "Our public education system is not perfect—it is underfunded and racially and socioeconomically segregated. Our educators are not respected or paid nearly what they deserve."
"Massive tax breaks to the wealthiest people and largest corporations are being prioritized over opportunities to progressively raise revenue to support social services and public education," the report continues. "Instead of siphoning money and increasing tax breaks to subsidize private education, we have a responsibility to ensure all students have access to quality K-12 education. This requires adequate and equitable funding and addressing structural challenges in our public schools."
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Sanders Warns 'Absurd' Low Pay of Teachers Fueling Public Education Crisis
"We cannot continue to run our public education system on the backs of saints and martyrs," an elementary school teacher testified to a Senate committee.
Jun 20, 2024
A pair of public school teachers warned a key Senate committee on Thursday that low educator pay in the United States is fueling staff shortages across the country and damaging the country's education system, which is also under sustained attack from right-wing lawmakers who want to slash federal investments in schools and abolish the Department of Education.
"The number one reason teachers leave the profession is the pay," John Arthur, an elementary school teacher in Holladay, Utah, told members of the Senate Health, Education, Labor, and Pensions Committee during a hearing convened by Sen. Bernie Sanders (I-Vt.).
"The number one reason parents don't want their children to become teachers is the pay," Arthur added. "So the number one solution to addressing the issues we face must be increasing teacher salaries."
"The situation has become so absurd that four—one, two, three, four—hedge fund managers on Wall Street made more money last year than every kindergarten teacher in America." —Sen. Bernie Sanders
In written testimony submitted to the Senate panel, Arthur argued that low teacher pay, chronic lack of resources, and extreme stress exacerbated by the Covid-19 pandemic are at the core of staffing crises that are impacting an overwhelming majority of U.S. school districts, posing a threat to the entire public education system.
"We cannot sustain a healthy, effective public school system when so few parents want their kids to join me and my friends in the classroom," Arthur's testimony reads. "We cannot continue to run our public education system on the backs of saints and martyrs. We must raise wages to the level at which we can successfully recruit and retain the talent we need to effectively educate all children, regardless of zip code."
A teacher at Philadelphia's third-largest elementary school, Gemayel Keyes, echoed Arthur, noting during Thursday's hearing that low pay and substantial student loan debt have forced him to work a part-time job and denied him "the American dream of homeownership."
"We must invest in our teachers but also in our paraprofessionals," said Keyes. "If we continue to underinvest in the pay and working conditions and don't match the responsibilities and job expectations, the paraprofessionals shortage will rise, the same way the pipeline of teachers has declined. I must also acknowledge and fully recognize that my job as a teacher would be impossible to do without my paraprofessional staff."
Watch the full hearing:
According to the latest data, the average starting teacher salary in the U.S. is $44,530, and nearly 80% of the nation's school districts pay a starting salary below $50,000. Teachers have a starting salary below $40,000 per year in around 30% of U.S. school districts.
The national average teacher salary is $69,544, and significant recent pay increases in some states have not been enough to keep up with inflation.
Just 15% of K-12 public school teachers are extremely or very satisfied with their pay, according to a Pew survey released earlier this year, and 68% say their job is "overwhelming."
"Student absenteeism is at an all-time high and teacher shortages are at crisis levels in most states," William Kirwan, vice chair of Maryland’s Accountability and Implementation Board, told the Senate panel. "Our students do not perform well on international assessments. Alarm bells should be ringing across the country."
Sanders, the lead sponsor of legislation that would set the minimum annual salary for U.S. public school teachers at $60,000, said during his opening remarks at Thursday's hearing that "for decades, public school teachers have been overworked, underpaid, understaffed, and, maybe most importantly, underappreciated."
The senator added that while there are "many reasons" why U.S. public school teachers are leaving their jobs each year at double the rate of peer nations, "one of the primary reasons is the extremely low pay teachers receive."
"Incredibly, the average public school teacher in America is making nearly $100 a week less than she or he did 28 years ago after adjusting for inflation," said Sanders. "Meanwhile, because of lack of resources and tight school budgets, about 80% of public school teachers are forced to spend their own money on classroom supplies without being reimbursed."
"The situation has become so absurd that four—one, two, three, four—hedge fund managers on Wall Street made more money last year than every kindergarten teacher in America," Sanders continued. "Public school teachers should not be forced to work two or three jobs to make ends meet. They should not be forced to be on food stamps."
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