UPDATE: Attorney Says District's Contract With Teachers is Secure

A decision by the state Supreme Court Tuesday should not have an effect on the a two-year ratified contract between the teachers union and the Menomonee Falls School District.

Jim Korom, an attorney representing the district, said it appears the bill (Act 10) will become law once it is published by Secretary of State Doug La Follette and will not be retroactive to when it was approved by the Legislature in March.

Had the law been retroactive, it could have voided the district's contract with teachers.

La Follete announced Wednesday morning that he would publish the bill on June 28, which would make the law effective the next day, according to JSOnline.

“Based on the Supreme Court’s decision of yesterday afternoon, if that’s all we know at this point, then the collective bargaining agreement in Menomonee Falls is still effect," Korom said.

The district’s contract with the teachers union contains a clause that would make the agreement null and void if the repair bill retroactively takes effect before May 23. If this were true, the district would move to an employee handbook rather than a formal contract. Since Act 10 appears it will become law after May 23, the contract will remain in place until it expires in 2013.

Secretary of State Doug La Follette consulted his legal advisory team Wednesday morning regarding the proper procedure to publish Act 10. In an e-mail to Patch, La Follette said his office will proceed with publishing the law following its normal procedure.

The state Supreme Court Tuesday that a committee of Republican lawmakers violated open meetings laws when they approved the budget repair bill that strips workers of most bargaining rights.

Korom said there are a series of legal challenges regarding Act 10. He said he could see a legitimate case made to argue that Act 10 became law on March 26, the day after it was originally set to be published before it was held up by the Dane County Circuit Court.

“I can see a logically and intellectually honest path for a future court to say that the law was in effect as of March 26. Based on the cases that were decided to date, it appears our Supreme Court is satisifed that the law is in not retroactive,” Korom said. “If I was a betting man, I wouldn’t bet that would be the outcome, but there is an intellectual way to get to that argument.”