The State Engineering Association filed suit Wednesday against numerous state agencies to halt layoffs and collect unemployment compensation benefits from the state.
The injunction was filed in Dane County Circuit Court by SEA, a collective bargaining unit that represents more than 1,000 engineering employees from various state departments and entities.
Among the agencies listed on the suit are the University of Wisconsin System, the Office of State Employee Relations, the Department of Justice, the Department of Workforce Development and the Department of Transportation. Individual heads of these agencies are also listed as defendants.
Ron Legro, spokesperson for SEA, said the problem arose as a result of the mandatory furloughs, which were created by Gov. Jim Doyle in an Executive Order signed in June. Under that order, state employees are obligated to take eight unpaid days off work each year over the next two years.
According to the suit, the SEA Collective Bargaining Agreement does not provide for the measures included in a furlough or in sporadic, nonconsecutive layoffs.
“Like other state employers, SEA was approached by OSER, and they were implementing furloughs,” Legro said. “SEA said they cannot furlough because it is not in their contract (with the state), and OSER said, ‘well in that case, we will do layoffs instead of furloughs.'”
SEA claimed in a statement released Wednesday the state’s decision to lay off those engineers forces the out-of-work engineers to pay their own unemployment benefits. According to state law, no agency can force employees to pay for their own unemployment benefits through pay cuts and layoffs.
“There are things that you can’t do, and one of those is to impose layoffs in such a way that it endangers benefits,” Legro said.
Jennifer Donnelly, director of OSER, said in an e-mail to The Badger Herald, the agency has not been served or seen the pleadings in the suit, and therefore has no comment on the actions taken by SEA.
Donnelly also said most unions have complied with the standards set by the state in regards to furloughs.
“Most unions worked with the state to implement a furlough program that met the imposed budget reductions. State engineers failed to reach any agreement,” Donnelly said in the e-mail. “Using provisions available in [SEA’s] contract, the days and associated costs will be achieved through temporary lay-off.”
The DOJ will represent the state in the case. DOJ spokesperson Bill Cosh also said he had not yet seen a copy of the suit so he could not comment on the matter. Likewise, UW System spokesperson David Giroux declined comment on the suit.
Each of the agencies and officials listed as defendants in the suit has 45 days to submit a written response to the complaint with the Dane County clerk. If the defendants do not comply, the court can find in favor of SEA and award money or other legal action requested by SEA.
