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Key Parts Of Wisconsin Anti-Union Bill Unconstitutional

Key Parts Of Wisconsin Anti-Union Bill Unconstitutional

A Wisconsin federal district court handed Gov. Scott Walker (R) another loss Friday, declaring key parts of the state’s public employee union-busting bill unconstitutional.

District Judge William N. Conley found that parts of Act 10 violate equal protection rights by imposing restrictions to collective bargaining and mandatory dues collections, and requiring annual recertification on most unions but exempting them for police and firefighters.

The decision enjoins those portions of the bill and requires a return to automatic dues collections, and forbidding the annual mandatory recertification elections by an absolute majority of workforce members. ďSo long as the state of Wisconsin continues to afford ordinary certification and dues deductions to mandatory public safety unions with sweeping bargaining rights, there is no rational basis to deny those rights to voluntary general unions with severely restricted bargaining rights” held Judge Conley.

From the opinion:

The fact that none of the public employee unions falling into the general category endorsed Walker in the 2010 election and that all of the unions that endorsed Walker fall within the public safety category certainly suggests that unions representing general employees have different viewpoints than those of the unions representing public safety employees. Moreover, Supreme Court jurisprudence and the evidence of record strongly suggests that the exemption of those unions from Act 10ís prohibition on automatic dues deductions enhances the ability of unions representing public safety employees to continue to support this Governor and his party.

The Walker administration says they plan to appeal the decision to the 7th Circuit Court of Appeals.

Related Stories:

Wisconsins Union Bill On Hold For Months

Judge Against Blocks Wisconsin Union Bill

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Photo from ra_herd via flickr.

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39 comments

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4:07AM PDT on Apr 3, 2012

Steve and those like him lack the intelligence, vision and insight to understand how important and beneficial unions are to everyone in society, including governments, corporations and the rich. Union members usually have good medical coverage, good pay and job security. Healthy, well paid workers put more money back into the economy and increase government revenue by increasing tax revenues. A stronger economy with healthier citizens benefits small business and corporations because more people can afford to purchase they're goods and services. Unions built the middle class in this country, and our middle class was the main factor in our economy becoming the strongest in the world. Then Reagan came along and ignited the right wing demonization and assault on unions, resulting in the decline of unions and union membership which continues to this day. During this time we've seen the middle class continue to shrink (with a small recovery under Clinton), increasing poverty, our economy weaken, and the largest redistribution of wealth and power ('redistributed' from the bottom 95% to the top 5%) we have ever seen. That is just the tip of the iceberg, it would take a book to say it all. But the fact is, unions empower the working class who built our society - and when you empower those who built your society, instead of only those who profit off of it, you end up with a society where every voice is heard louder than every dollar.

9:13PM PDT on Apr 1, 2012

There's a good reason why the USA doesn't get involved with International Labour Laws ~ and why the Republican Party thinks they are also immune to any Labour Laws ~ federal or International...

A little thing that the Americans refer to as their "state rights"..

Despite the simple and basic fact that any and all such "union busting" legislation is inherently both illegal and unconstitutional ~ and you only have to see the mental and legal gymnastics that the various über-right wing troglodytes and corporate "shills" in trying to justify such actions ~ you still see various US states bringing in these anti-worker and pro-business laws.

(And Australia certainly isn't immune, either ~ the leader of our Federal Opposition is well-known anti-worker lobbyist and doesn't care for small businesses.. Our opposition here has been formulating similar anti-worker campaigns for a while now ~ just waiting for their next chance to implement them..).

P.S. Steve R. is a South African neo-nazi transplant to your fair country, with both strong racist and anti-worker sentiments, as shown across many of his posts on here..

8:32PM PDT on Apr 1, 2012

Maureen I agree with your point. Everyone should notce that the police and fire unions were exempted so the union busting is confined to the private sector. Can't have public employees taking the hit can they?

Never vote for Indiana governor Mitch Daniels for any office...he is Walkers mentor.

7:56PM PDT on Apr 1, 2012

Never vote for a republican.

7:15PM PDT on Apr 1, 2012

steve r. it's called deomcracy; something corporate america and the american business communtity definitely don't believe in.
unions are democratic, corporations and businesses are totalitarian dictatorships plain and simple

7:00PM PDT on Apr 1, 2012

Wouldn't surprise me to learn that the "company" that Steve R. aka RETARD runs is actually a cotton plantation he inherited from his ancestors....

6:54PM PDT on Apr 1, 2012

Let me tell you what "Right to Work" and no union got me.

Mandatory unpaid overtime, as much as 30 extra hours a week.
The right to be made the scapegoat every time something went wrong, even if it was nothing I ever touched, because I didn't belong to the same church as my boss.
Mandatory strike duty--I would not be paid at all if I didn't "scab," even if I was doing my regular, non-union job 40 plus hours a week.
The right to watch my wages cut as part of "reorganization."
The right to watch my health insurance benefits slashed as part of "reorganization."

That's what "Right to Work" gets you.

5:24PM PDT on Apr 1, 2012

How many days is it until Walker is recalled?

4:14PM PDT on Apr 1, 2012

Steve R
You are an idiot if you think you could get the same benefits working in a "right to work" state,well you are an idiot becuase of all that you "think". Unions have helped everyone's boat to float over the decades... you probably enjoy an 8 hour day?, a 40 hour work week?, safe working conditions?, overtime for any hours over that forty hour week?, paid vacations?, sick days?, workman's comp?, unemployment insurance?, Unions have given us the lifestyle and the standard of living we expect in a developed country. There is no law on the books that any of these have to be given to any employee and these things are what "Right to Work" laws seek to eliminate. The only law about pay is the minimum wage law. America's working classes have seen their wages stagnant for more than a decade while the pay for the top echelons in companies has become obscene. Already most new jobs are temporary positions so corporations can start eliminating all of the above. Union people fought and died for all these and more, if you think corporate America would have given up those things on their own without unions being there for collective bargaining then I have a bridge in Brooklyn to sell you...

1:23PM PDT on Apr 1, 2012

The regressive Republican Party of No is obstructionist, mean-spirited, thuggish, religiously fanatical, scientifically ignorant, corrupt, hypocritical, xenophobic, racist, sexist, homophobic, evolution and global warming denying, oily, anti-environment, anti-health, anti-consumer, anti-choice, anti-birth control, anti-education, anti-99%, union busting, Medicare mashing and Social Security slashing, fiscally irresponsible, authoritarian, selfish, greedy, out-of-touch, dishonest, lacking compassion, warmongering, and otherwise dangerous.

NEVER vote for Republicans.

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