Racine Education Ass'n v. Racine Unified School District

The Racine Unified School District and Board of Education (district) appeal from a judgment and an order premised upon the circuit court's determination that the district breached a fiduciary duty to the Racine Education Association (REA) in the administration of an employee tax sheltered annuity program. The REA cross-appeals the damage award.

The district raises a variety of appellate issues. However, we deem dispositive the circuit court's ruling rejecting the district's motion for summary judgment. The court held that the REA was not required to exhaust its contractual remedies under the…