HORTONVILLE ED. ASSO. v. JOINT SCH. DIST. NO. 1

No. 635.

66 Wis.2d 469 (1975)

225 N.W.2d 658

HORTONVILLE EDUCATION ASSOCIATION and others, Appellants, v. HORTONVILLE JOINT SCHOOL DISTRICT No 1 and others, Respondents.

Supreme Court of Wisconsin.

Decided February 5, 1975.


Attorney(s) appearing for the Case

For the appellants there were briefs by Robert H. Friebert and Thomas W. St. John, attorneys, and Samson, Friebert, Finerty & Burns, of counsel, all of Milwaukee, and oral argument by Robert H. Friebert.

For the respondents there was a brief by Jack D. Walker, James K. Ruhly and Mali, Shiels, Walker & Pease, S. C., all of Madison, and oral argument by Jack D. Walker.

A separate brief amicus curiae was filed by each of the following: (a) James F. Clark, Karen A. Mercer and Ela, Esch, Hart & Clark, all of Madison, for The Wisconsin Association of School Boards, Inc.; (b) Jean J. Setterholm of Madison for the League of Wisconsin Municipalities; (c) John C. Carlson and Lawton & Cates, all of Madison, for the Wisconsin Coalition of American Public Employees; and (d) Zubrensky, Padden, Graf & Bratt of Milwaukee for The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.

On motion for rehearing:

For the appellants there were briefs by Robert H. Friebert and Thomas W. St. John, attorneys, and Samson, Friebert, Finerty & Burns of counsel, all of Milwaukee.

For the respondents there were briefs by Jack D. Walker, James K. Ruhly and Melli, Shiels, Walker & Pease, S. C., all of Madison.

There was a brief amicus curiae filed for the Wisconsin Association of School Boards, Inc., by James F. Clark, Karen A. Mercer and Ela, Esch, Hart & Clark, all of Madison.


BEILFUSS, J.

The issues in this court are:

1. Does Wisconsin law allow the discharge of municipal employees who engage in a strike?

2. Does the action by the Hortonville school board in discharging teachers instead of obtaining a judicial order constitute selective enforcement of the Wisconsin prohibition of the right to strike, thereby denying to the teachers their right to equal protection of the laws?

3. Does the state's prohibition against...

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