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January 2012

PT F aculty Lunch and Learn Day One- Tuesday. January 2012. Today’s subjects. Wage Claim Class Action Lawsuit Status “Timelines” presentation AFT-WI and AFT-National status Union Elections. Wage Claim Class Action Lawsuit Status. Hearing occurred on 1/9/12

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January 2012

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  1. PT Faculty Lunch and Learn Day One- Tuesday January 2012

  2. Today’s subjects • Wage Claim Class Action Lawsuit Status • “Timelines” presentation • AFT-WI and AFT-National status • Union Elections

  3. Wage Claim Class Action Lawsuit Status • Hearing occurred on 1/9/12 • Settlement granted preliminary approval • Notice mailings- coming from MATC, to be completed within 3 weeks • 1436 claimants • Most claims for less than $5 • Range from $.01 to $1600.00+ • There are 1436 people who were shorted. Of those, roughly 170 had claims that were $50+, and of those 100 had claims greater than $100. 25 had claims between $200-$300. 12 had claims between $300-$400. 21 had claims between $400-$900. 1 had a claim over $1600. • Notice mailings will tell you how much you were shorted, and give you the option to opt out of the settlement. • Outstanding issue- what becomes of unclaimed money?

  4. Unclaimed money • Total amount of settlement exceeds $34,000. • Several things could happen to unclaimed funds: • MATC keeps them (this is what MATC has been arguing) • Go to a charitable cause consistent with the interests of the plaintiff class (AAUP is what we proposed) • Go to the union (we didn’t propose that, judge suggested it) • Distributed pro-rata to class members who did file claims (another option the judge suggested) • Judge is going to wait and see how much is left unclaimed before deciding. Amount will certainly be in the hundreds, probably thousands, given large number of small claims • MATC has to pay all legal expenses. Ultimate cost of lawsuit for union? $0.00

  5. “Timelines” • The pendency of the recall elections has many people asking what the future holds for our organization. • What happens if Gov. Walker is recalled? • When do we have to vote on certification? • When could the law be overturned? • What if the law isn’t overturned or not completely overturned? • Is combining with the FT union an option? • There are a lot of variables, a lot of decision points and a lot of key dates • This portion of the presentation will try to outline key points on a very complicated decision tree

  6. Event 1- The Recall Election • Earliest probable date- June 2012 • Possible outcomes: • Governor’s Race • Walker and Kleefisch are recalled from office • Law may or may not change, based on legislature • Walker and Kleefisch remain in office • Law does not change • Walker is recalled, Kleefisch remains in office • Law may or may not change, based on legislature • Walker resigns before the election • Kleefisch is recalled • Law may or may not change, based on legislature • Kleefisch is not recalled • Law does not change • Senate • Senate flips • Republicans keep Governorship • Law does not change • Republicans lose Governorship • Law may or may not change, based on Assembly • Senate does not flip • Republicans keep Governorship • Law does not change • Republicans lose Governorship • Law does not change

  7. Event 2- PT Contract Expiration • Will occur on 6/30/2012, or upon arbitrated resolution in the event of impasse that extends beyond 6/30/2012. • Possible Outcomes • Contract expires while law still in effect • Successor contract will be stripped of all language related to hours, terms and conditions of employment and compensation, except for base wages. Even if the law is subsequently changed, the loss of contract language will not be undone. Union loses dues revenue. • Law changes before contract expires • Fewer changes to current contract, normal bargaining possible. Dues revenue continues.

  8. Event 3- November Elections • The November elections will determine which party will control the State Assembly and will provide another opportunity for the Senate to flip. Winners will assume office in January, 2013. (This is likely the earliest realistic point at which the law could be overturned if Dems take control of Governorship, Assembly and Senate.) • Possible Outcomes • Assembly • Assembly flips • If Democrats hold Governorship and Senate- law changes. • Assembly does not flip • Law does not change • Senate • Senate controlled by Democrats • If Assembly and Governorship also controlled by Dems- law changes. • Senate controlled by Republicans • Law does not change

  9. Event 4- Certification Election • This will occur on or before 5/1/2013 if the law is still in effect at that time. • Possible outcomes • Union wins certification vote (vs. 51% affirmative vote requirement) • Union continues to exist, although it still cannot collect dues and cannot bargain for anything other than base wages. • Union loses certification vote • Union ceases to exist. Any money remaining in union treasury reverts to AFT-National.

  10. Event 5- Second Gubernatorial Recall • If Walker resigns before the recall election and Kleefisch is not recalled in 2012, first opportunity to recall Kleefisch would be one year after the date of Walker’s resignation. Likely on or about 6/1/2013. • Possible Outcomes • Kleefisch is recalled • If Dems control Assembly and Senate- law changes • If Republicans control either Assembly or Senate- law does not change • Kleefisch is not recalled • Law does not change

  11. Event 6- Expiration of the Full Time Contract • This will occur on 6/30/2014. This is the earliest date the PT faculty could become part of the full time union, assuming that was desired. • Possible Outcomes • Law is still in effect • Full time faculty are willing to take the PT faculty • Vote is successful • Combined union survives certification vote on 5/1/2015 • Combined union fails certification vote on 5/1/2015 • Vote is unsuccessful • Full time faculty are unwilling to take the PT faculty • Law has been changed • Full time faculty are willing to take the PT faculty • Vote is successful • Vote is unsuccessful • Full time faculty are unwilling to take the PT faculty

  12. Event 7- Gubernatorial Election • The next regular gubernatorial election will take place in November, 2014. The winner will assume office in January of 2015. • Possible outcomes • Republican victory • If law has not yet changed, law will not change. • Democrat victory • If law has not yet changed and Democrats also control Assembly and Senate, law will change. • If law has not yet changed, and Republicans control Assembly or Senate, law will not change.

  13. Timeline summary • Under most likely scenarios, our contract expires in 2012, while the law is still in effect. Upon contract expiration we lose almost all contractual rights and our union loses its revenue stream. • Under many scenarios, our union faces a certification vote while the law is still in effect. • Under most likely scenarios, our union ceases to exist altogether 5/1/2013. • Under most likely scenarios, even if the law is overturned, we will have been set back to nothing with respect to contractual rights.

  14. Options • Give up, disperse funds, accept at-will employment • Preserve union for as long as possible, until dissolution • Preserve union until dissolution, revert to at-will, attempt to re-organize in 2014 as part of the FT union • Preserve union + create non-profit professional association to compliment/ succeed the union • Preserve union + create non-profit w/ InChorus agency

  15. Member Representation • Contract bargaining and enforcement • Grievance prosecution • Other legal advocacy InChorus • Member control over all terms/conditions of employment • Advancement of the Profession • Public Relations • Legislative Advocacy • Legal Advocacy • Unemployment claims • Discrimination claims • Retaliation claims • Mandamus actions • Sunshine law claims • Wage/hour claims • other Local Union Non-Profit Professional Org

  16. AFT-National and AFT-WI status • AFT-WI • Winding down operations • National staff performing many functions • President no longer paid • Heavy lay-offs • Kowalski retirement • Bryan Kennedy is our Field Rep now • AFT-WI has agreed not to oppose the InChorus model, participated in joint meeting with Democratic legislators to reassure them that this isn’t an intra-union conflict. Official position is neutrality. • Bryan Kennedy offered to write letter of support to MATC Board of Trustees • AFT-National • Taking over dues collection for AFT-WI • Declined to act on complaints from Joe Lowndes and Jim Lane regarding InChorus development activities • AFT-National will not oppose InChorus model and is monitoring our progress • Interest in InChorus model for right-to-work states

  17. Union Elections • As long as we continue to exist, we still have elections. • Offices will probably be unpaid once dues end. • Offices up for election: • President, Vice-President, Secretary, Treasurer • Stewards- Truax C, Downtown, Watertown, Portage, Off-campus • Nominations open March 1 • Nominating Petitions due April 1 • Ballots distributed April 15th • Ballots returned by first Tuesday in May

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