At least for now, Republican and Scott Walker efforts to crush collective bargaining rights deflated in a victory for unions
In a recent blow to Wisconsin Governor Scott Walker and his supporters, Judge Juan B. Colás of Dane County Circuit Court, Wisconsin, overturned much of “Act 10,” the 2011 state law pushed through by Walker that severely restricts the ability of public employees to bargain collectively. The judge found the Republican-backed measure unconstitutional with regard to city, county and school district workers—although not as to state employees.
First, the judge found the measure violated union members’ freedom of speech and association. The law improperly punished workers who exercised their freedom of association to unionize by limiting them to smaller raises than what nonunion workers had the potential to receive.
Second, the law slashed collective bargaining rights for teachers and most city and county employees, but exempted police officers and firefighters. The law hurt the teachers’ union and others by prohibiting cities, counties and school districts from collecting dues from employee paychecks and passing them on to unions, while there was no such prohibition regarding the public safety unions. The judge ruled the teachers’ and nonpublic safety unions should have been treated equally with the public safety unions under the measure, but without any justification they were not, in violation of constitutional equal protection.
This case was filed by a public employees’ local in Milwaukee and the teachers’ union local in Madison.
The judiciary branch of government is charged with enforcing federal and state constitutions and determining the constitutionality of state and federal laws. Yet, Governor Walker made the following remarks regarding the recent decision: “Sadly, a liberal activist judge in Dane County wants to go backwards and take away the lawmaking responsibilities of the Legislature and the governor.”
Walker said the state will be appealing the ruling.