MUSKEGO-NORWAY C.S.J.S.D. NO. 9 v. W.E.R.B.


35 Wis.2d 540 (1967)

MUSKEGO-NORWAY CONSOLIDATED SCHOOLS JOINT SCHOOL DISTRICT NO. 9 and others, Respondents, v. WISCONSIN EMPLOYMENT RELATIONS BOARD, Appellant.

Supreme Court of Wisconsin.

June 30, 1967.


Attorney(s) appearing for the Case

For the appellant there were briefs by Bronson C. La Follette, attorney general, and Beatrice Lampert, assistant attorney general, and for the respondents there were briefs by Jack A. Radtke of New Berlin, attorney, and Quarles, Herriott, Clemons, Teschner & Noelke, Laurence E. Gooding, Jr., and Peter J. Lettenberger of counsel, all of Milwaukee.

Briefs amici curiae were filed by (a) Hart, Kraege, Jackman & Wightman and F. Halsey Kraege, all of Madison, for the Wisconsin Education Association; (b) Ela, Christianson, Ela, Esch, Hart & Clark and James F. Clark, all of Madison, for the Wisconsin Association of School Boards, Inc.; (c) Lawton & Cates and John A. Lawton and David F. Loeffler, all of Madison, for the Wisconsin Council of County and Municipal Employees (AFL-CIO), United Professional Firefighters of Wisconsin (AFL-CIO), Wisconsin Paid Firefighters Legislative Association, Wisconsin Professional Policemen's Association, Wisconsin County Police, Deputy Sheriffs, and Radio Operators Association, and the Wisconsin State Employees Association (AFL-CIO); (d) Goldberg, Previant & Uelmen of Milwaukee, for the Federation of Teachers & Bakery Sales Drivers Local 344; and (c) Carston C. Koeller of Muskego.


WILKIE, J.

Four issues are raised on this appeal:2

First, is the authority of school boards under secs. 40.40 and 40.41, Stats., subject to the limitations of sec. 111.70?

Second, is the WERB finding that respondents interfered with, coerced and restrained teachers in its employ in the exercise of their right to freely decline to affiliate with employee organizations supported by substantial evidence?

...

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