« Volunteer Opportunities for September 17-23 | Main | Labor 2012: Door-to-Door Canvass & Phone Bank Information for September 24-30 »

09/23/2012

Get the Facts on the Act 10 Ruling

Act10null.voidOn Friday September 14, 2012, Circuit Court Judge Juan Colas granted summary judgment in favor of Madison Teachers Inc. and others finding many basic provisions of Act 10 violate the US and Wisconsin Constitutions and are therefore null and void.

Judge Colas found that the restriction limiting the increases on general municipal employees’ base wages only to the CPI if bargained by a union burdened employees’ rights to free speech and freedom of association since the limitation applied only to municipal employees represented by a union.

The Judge held the prohibition against payroll dues deduction and the annual recertification election requirement by 51% of those eligible to vote burdens freedom of speech and association rights of those employees who support unions. The Court also found that the above described provisions violated employees’ equal protection rights when strict scrutiny is applied. Strict scrutiny is applied to provisions which burden fundamental rights such as freedom of speech and association.

Judge Colas referred in a footnote to the decision of US District Court Judge Conley who also invalidated the prohibition of payroll dues deduction and the annual recertification elections as unconstitutional. Judge Colas also found the Act 10 requirement that employees covered by the City of Milwaukee pay 5.5% toward their pension violated the City of Milwaukee’s right to home rule under the Wisconsin Constitution and the City’s contract with its employees since the City Charter provides the City pay the 5.5% and that the terms of the pension were vested.

The analysis of Judge Colas has some parallels to Judge Conley’s decision. Both find violations of free speech and equal protection clauses of the US Constitution and invalid the annual recertification elections and prohibition of payroll dues deduction for unions. Judge Colas’ decision, however, goes farther. It invalidates the all the restrictions on municipal employees right to bargain not just the recertification election and the prohibition on payroll dues deduction.

It finds that more provisions of Act 10 violate fundamental rights and therefore applies strict scrutiny to all those provisions when evaluating equal protection. The equal protection analysis is not based on the distinction between general and public safety employees, but rather the difference between represented and unrepresented employees.

It is likely Governor Walker will appeal the decision, just as he appealed Judge Sumi’s earlier decision enjoining the statute and Judge Conley’s decision. If that occurs there may also be a motion to stay the Court’s decision pending appeal. One concern is whether the Wisconsin Supreme Court will review the decision on the basis of the evidence and legal precedent, or for political reasons will ignore the legal precedent on which Judge Colas relied.

Posted at 06:10 PM |

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

buyresearchpaper.org

Thank you for writing such a wonderful article!

Posted by: buyresearchpaper.org | 09/26/2012 at 08:33 AM

Breitling Replica Watches

When we live from our being we live a life in alignment with our vision, values and life purpose.

Posted by: Breitling Replica Watches | 10/15/2012 at 05:41 AM

Angus James Keefe

Very nice blog. I love your ideas - simple and back to basics . Great ideas

Posted by: Angus James Keefe | 10/16/2012 at 06:06 AM

replica watches

This specific appears to be almost all they want kept to cooperate with, has a lot of people panicking

Posted by: replica watches | 12/11/2012 at 08:13 AM

mount laurel

If they’re extremely soft and mushy, it’s time for new ones.

Posted by: mount laurel | 02/05/2013 at 07:39 PM

Next »

Verify your Comment

Previewing your Comment

Posted by:  | 

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Your Information

(Name and email address are required. Email address will not be displayed with the comment.)

My Photo

Wis AFL-CIO Twitter Updates

    follow me on Twitter
    Subscribe to this blog's feed

    Search

    Print

    What's Working

    Categories

    Archives

    Affiliate Links

    AFSCME Council 24 - Wisconsin State Employees Union: http://wseu-sepac.org/

    AFSCME Council 40: http://afscme40.org

    AFSCME Council 48: http://afscme48.org

    AFSCME Local 91: http://local91.union-local.org

    AFSCME Local 1397: http:wi//laborweb.afscme.org/sites/WI_C_40/local1397/

    AFSCME - WI Political & Legislative Council: http://wiafscme.org

    Building and Construction Trades Council of South Central Wisconsin: http://btrades.com

    Communications Workers of America Local 4603: http://cwa4603.com

    Fond du Lac County Labor Council: http://fdlcountylaborcouncil.org

    The Greater West Central Area Labor Council: http://sites.google.com/site/greatereauclaireclc/

    IAMAW Lodge 66: http://www.unitedlodge66.org/

    International Brotherhood of Boilermakers Local 107: http://boilermakers107.com

    International Union Of Operating Engineers Local 139: http://iuoe139.org

    Ironworkers Local 8: http://iwl8.org

    Wisconsin Laborers: http://www.wilaborers.org

    Milwaukee Area Labor Council: http://milwaukeelabor.org

    Professional Firefighters of Wisconsin - IAFF: http://pffw.org

    Rock County Central Labor Council: http://rocklabor.org

    Sheet Metal Workers International Association Local 18: http://smwlu18.org

    United Union of Roofers, Waterproofers and Allied Workers Local 65: http://rooferslocal65.com