Summary of the WERC decision
Brown vs the Milwaukee Bd. of School Directors
M1221 Fair Share Expenditures, In General
There is nothing is S. 111.70 (1) (h), or in any other provision of MERA, which limits the amount to be deducted as fair-share payments to that amount of dues retained by the immediate collective bargaining representative. Therefore, that portion of dues paid by bargaining unit employees to state and national organizations, as a result of the local labor organizations affiliation with the state and federal organizations, falls within the definition of "dues" in S.111.70 (1) (h).
Milwaukee Bd. of School Directors (16635-A) 5/24/82 (WERC)
M1222 Included Fair Share Expenditures
Expenditures by Respondents, labor organizations, for the following activities, during the pertinent periods involved, were properly included in determining the sums of money which should have been exacted from the earnings of the Complainants, and the members of the class they represent, pursuant to fair-share agreements in existence between the collective bargaining representative of regular teaching personnel and the school board, within the meaning of S. 111.70 (1) (h) of MERA:
(a) Gathering information in preparation for the negotiation of collective bargaining agreements,
(b) Gathering information from employees concerning collective bargaining positions,
(c) Negotiating collective bargaining agreements,
(d) Adjusting and resolving grievances pursuant to the provisions of collective bargaining agreements,
(e) Administration of ballot procedures on the ratification of negotiated agreements,
(f) Advertising of union positions on the negotiation of, or with respect to the provisions in, collective bargaining agreements,
(g) Purchasing books, reports, and advance sheets relating to their representational interest in the collective bargaining process and contract administration,
(h) Paying technicians in labor law, economics and other subjects for services rendered in supporting their representational interest in the collective bargaining process and contract administration,
(i) Organizing employees within the bargaining unit in which Complainants are employed, and in units in which Complainants are not employed,
(j) Seeking to gain and/or retain representation rights in units in which Complainants are not employed, and serving as the bargaining representative of such employees,
(k) Supporting and paying affiliation fees to other labor organizations which do not negotiate the collective bargaining agreements governing Complainants employment, to the extent that such support and fees relate to the representational interest of unions in the collective bargaining process and contract administration,
(l) Furnishing staff and financial assistance for participation in procedures to resolve impasses in collective bargaining, including strikes and concomitants thereof when permitted by law,
(m) Membership meetings and conventions held, in part, for the purposes relating to the representational interest in the collective bargaining process and contract administration,
(n) Publishing newspapers, newsletters, reports, surveys, etc., which in part, relate to the collective bargaining process and contract administration,
(o) The prosecution or defense in litigation relating to the collective bargaining process and contract administration,
(p) Lobbying for the collective bargaining legislation or regulations or to effect changes therein, or lobbying for legislation or regulations affecting wages, hours and working conditions or employees generally before Congress, state legislatures, and state and federal agencies,
(q) Expenditures for social and recreational activities, and payments for insurance, medical care, retirement, disability, death, and related benefits, which such activities and payments constitute compensation to persons for services rendered in the representational interest of labor organizations, and as such, constitute cost incurred in the collective bargaining process and contract administration, and
(r) Administrative cost allocable to each of the categories set forth in (a) through (q) above.
Milwaukee Bd. of School Directors (16635-A) 5/24/82 (WERC)
M1223 Excluded Fair Share Expenditures
Expenditures by Respondents, labor organizations, for the following activities, during the pertinent periods involved, were not, within the meaning of S. 111.70 (1) (h), properly included in determining the sums of money which should have been exacted for the earnings of Complainants and the members of the class they represent, pursuant to fair-share agreements in existence between the collective bargaining representative or regular teaching personnel and the school board.
(a) Advertising on matters not related to the representational interest in the collective bargaining process and contract administration,
(b) Purchasing books, reports, and advance sheets not relating to the representational interest in the collective bargaining process and contract administration,
(c) Paying technicians for services rendered for purposes other than supporting the representational interest in the collective bargaining process and contract administration,
(d) Lobbying for legislation or regulation not relating to labor relations, or the collective bargaining process or contract administration,
(e) Membership meetings, assemblies and conventions held, in part, for discussion and consideration of matters other than the representational interest, the collective bargaining process or contract administration,
(f) Publishing newspapers, newsletters, reports, surveys, etc., which, in part, relate to matters other than the collective bargaining process or contract administration,
(g) Unlawful strike activity and concomitants thereof, and the prosecution of defense of such activity, or on matters related thereto, and the prosecution or defense of activity not related to the representational interest in collective bargaining or contract administration,
(h) Supporting and paying affiliation fees to other labor organizations which do not negotiate the collective bargaining agreements governing the employment of the Complainants to the extent that such support and fees do not relate to the representational interest of Respondent Unions in collective bargaining and contract administration involving Complainants, or for activities of such other labor organizations which do not relate to matters involving otherwise proper expenditures of fair-share deductions,
(i) Expenditures for social and recreational activities, and payments for insurance, medical care, retirement, disability, death, and related benefits, when such activities and payments do not constitute compensation to persons for services rendered in the representational interest of said labor organizations, and as such do not constitute costs incurred in the collective bargaining process or contract administration,
(j) Training in voter registration, get-out-the-vote techniques, as well as political campaign techniques,
(k) Supporting and contributing to charitable organizations,
(l) Supporting and contribution to political organizations and candidates for public office,
(m) Supporting and contributing to ideological causes, and
(n) Administrative costs allocable to each of the categories set forth in (a) through (m) above.
Milwaukee Bd. of School Directors (16635-A) 5/24/82 (WERC)