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BROWNE v. MILWAUKEE BD. OF SCHOOL DIRECTORS

No. 77-318.

83 Wis.2d 316 (1978)

265 N.W.2d 559

BROWNE, and others, Plaintiffs-Appellants, v. MILWAUKEE BOARD OF SCHOOL DIRECTORS, and others, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided May 2, 1978.

Attorney(s) appearing for the Case

For the appellants there were briefs by Willis B. Frebee, of Milwaukee, and Raymond J. LaJeunesse, Jr., of National Right to Work Legal Defense Foundation, Inc., Fairfax, Virginia, and oral argument by Mr. LaJeunesse.

There was a brief by John H. Bowers, John C. Carlson and Lawton & Cates, and oral argument by Mr. Bowers, all of Madison, for District Council 48 and Local 1053, Affiliated with District Council 48, American Federation of State, County and Municipal Employees, AFL-CIO, and their officers; joined by James B. Brennan, city attorney, and Patrick B. McDonnell, assistant city attorney, for Milwaukee Board of School Directors; Zubrensky, Padden, Graf & Bratt, attorneys, of Milwaukee, and of counsel Zwerdling & Mauer and A. L. Zwerdling, general counsel, of Washington, D. C., for American Federation of State, County and Municipal Employees, AFL-CIO.

Brief amicus curiae for Milwaukee Teachers Education Association was filed by Richard Perry and Perry & First, S. C. of Milwaukee.

DAY, J.

This is an appeal from two parts of an order of the Milwaukee Circuit Court. The first part of the order referred the case to the Wisconsin Employment Relations Commission (hereafter W.E.R.C.). W.E.R.C. was to determine what share of the plaintiff-appellant non-union municipal workers' (hereafter plaintiffs) fair-share dues were being spent for statutorily impermissible purposes. Fair-share dues are the amount of...

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