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Wi Judge Strikes Down Law that Ended Collective Bargaining Rights: Good or Bad?

JMCC 2012/09/15 11:36:05
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A Wisconsin judge has struck down the state law championed by governor Scott Walker that effectively ended collective bargaining rights for most public workers.

It was not clear if the ruling means the law is immediately suspended. The law took away nearly all collective bargaining rights from most workers and has been in effect for more than a year.

Anger over the law's passage led to an effort to recall Walker from office in June. Walker won and became the first governor in US history to survive a recall. His victory was seen as adding momentum to wider Republican party efforts to reclaim the Senate and the White House in November.

Dane County circuit judge Juan Colas ruled Friday that the law violates both the state and US constitution and is null and void. The ruling comes after a lawsuit brought by the Madison teachers union and a union for Milwaukee city employees.

Walker spokesman Cullen Werwie said he was confident the decision will be overturned on appeal.

"We believe the law is constitutional," said Dana Brueck, a spokeswoman for the Department of Justice.

Lester Pines, an attorney for Madison Teachers Inc, did not immediately return a message seeking comment.

The proposal was introduced shortly after Walker took office in February last year. It resulted in fierce opposition and led to large protests at the state capitol that lasted for weeks. All 14 Democratic state senators fled the state to Illinois for three weeks in a failed attempt to stop the law's passage from the Republican-controlled legislature.

The ruling comes as Wisconsin has emerged as a potential battleground in the presidential election.

Mitt Romney, the Republican presidential candidate, who is trying to make inroads in traditionally Democratic territory, chose Wisconsin congressman Paul Ryan as his running mate.

President Barack Obama is travelling to Wisconsin next week, a sign that his re-election campaign may be concerned about his prospects in a state he won in 2008.

Read More: http://www.guardian.co.uk/world/2012/sep/14/wiscon...

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Top Opinion

  • kmay 2012/09/15 13:32:32
    It is bad because...
    kmay
    +4
    It takes away the taxpayers rights!

    WI and Walker will win the appeal.

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  • Joe Shwingding BN-ZERO 2012/09/15 16:55:21
    It is good because...
    Joe Shwingding BN-ZERO
    +2
    Labor rights and the right to organize shall not be suppressed.
  • ☆astac☆~PWCM 2012/09/15 16:28:21
    Undecided
    ☆astac☆~PWCM
    +1
    Judges should not be legislating from the bench
  • Jackie G - Poker Playing Pa... 2012/09/15 15:23:10
    It is bad because...
    Jackie G - Poker Playing Patriot
    +2
    But will go on to appeal court - this may go the entire distance to the SC - and we will find out
  • Tasine 2012/09/15 15:21:38
    It is bad because...
    Tasine
    +2
    Unions are good for only two groups of people - none other. They are good primarily for the union bosses. Secondly any good left over goes to the union members. Society, business, advancment all are hindered by greedy unions who think their members are not capable of making it in life without the unions, which are some of the most divisive organizations within the U.S.
  • Kane Fernau 2012/09/15 15:20:57
    It is bad because...
    Kane Fernau
    +3
    The Judge knows he will be over ruled. How much is the government going to spend? This Judge is taking food away from babies!!!
  • IndyLinda 2012/09/15 14:53:44
    It is bad because...
    IndyLinda
    +1
    Someone paid him enough.
  • Racefish 2012/09/15 14:20:10
    None of the above
    Racefish
    +2
    I can't remember who said it but public (state, county, federal,etc.) employees should never have been unionized because they are effectively bargaining against themselves as taxpayers. That results in a conflict of interest on any vote that arises from the bargaining process on their part.
  • Donald Eric Kesler 2012/09/15 14:10:14
    It is good because...
    Donald Eric Kesler
    +3
    Neither the teachers nor their Unions were responsible for Wisconsin's economic woes All employees should have the right to negotiate with their employers.
  • Snowball Donald ... 2012/09/15 19:37:57 (edited)
    Snowball
    And so should the misrepresented tax payer! You people can't decide whether you support everyone paying their "fair share" and what that means (same percentage into pensions & healthcare as private industry where jobs aren't guaranteed and employees CAN get fired when not performing well, do something inappropriate, or cause the employer to get sued!). When a MADISON METRO BUS DRIVER, can make more than the highest city official-- over $150,000-- and all unions BLINDLY SUPPORT THIS, then I am sorry, he tax payer comes first. Hope you're not allowing yourself to shop Walmart and other stores like that, and you better own ONLY America cars to! I worked in a county job in Wisconsin- I really like my co- workers, but to be honest, they were ALL hyprocrites re: those things. Union- ONLY for them. The rest, "those" people can sacrifice so I can save.
  • Donald ... Snowball 2012/09/16 14:39:04
    Donald Eric Kesler
    Tax payers and the representatives that they elect are not allowed to violate either the Wisconsin Constitution or the U.S. Constitution.

    There are legal ways to address the imbalanced pay rates of Wisconsin Bus drivers without violating the Constitution.

    Regardless, the tax payers do not come first. The rights guaranteed by the U.S. Constitution and the Bill of Rights come first. All else is secondary.
  • Snowball Donald ... 2012/09/17 03:56:41
    Snowball
    Taxpayers SHOULD come first. Don't give me that. I worked at a county job where they didn't want to tangle
    with the union so they didn't fire drunk people showing up at work, people calling in sick when we knew full well they were not, people leaving early, people cheating on over time claims, people hogging overtime at the cost of taxpayers. I even had a coworker who admitted in training, that they LEFT a patient who they weren't sure was breathing, to "switch places" with another who was assigned to sit next to another patient (suicide watch), because she didn't want to check the guy. Bad employees are protected, taxpayers and budgets
    are no concern to unions, even if they bankrupt a State or city. BTW, the wages were much higher than in the private sector, and CRAZY high for the senior employees who had first dibs at overtime. We had them intentionally take overtime even if they didn't want it, to put the less senior workers "in their place". Ridiculous.
  • Donald ... Snowball 2012/09/17 11:13:19
    Donald Eric Kesler
    The United States of America was founded upon the principle that everyone was entitled to certain innate rights. These rights were outlined in the U.S. Constitution and the Bill of Rights. Amongst these rights are the rights the rights of free speech and association.The will of tax payers does not and should not take precedence over securing the integrity of these rights. Wisconsin's collective bargaining law violates these rights.

    I will readily concede that Wisconsin has some state workers who have abused the system. Wisconsin, however, must come up with a way to resolve these problems without running roughshod over the U.S. Constitution and the Wisconsin Constitution.
  • Snowball Donald ... 2012/09/17 16:07:08 (edited)
    Snowball
    I don't recall a constitutional right to what the Unions are doing. Only free speech. There is NOT a right to FORCE the people to pay ANYTHING but taxes! So STOP citing the constitution. Our teachers had a part IN THEIR CONTRACT forbidding them from striking. THEY broke the contract. THEY cheated. THEY lied. IF it's a constitutional "right", then EVERYONE including the TAXPAYER should be able to form unions and FORCE teachers and public workers into terms that don't benefit them. I think CHILDREN'S RIGHTS are being VIOLATED, THEY should have a union against social justice policies that blindly put them last to bad coworkers. Since UNIONS will not address this, THEY should be dissolved.
  • Donald ... Snowball 2012/09/17 19:49:20
    Donald Eric Kesler
    As I wrote, I am sympathetic to your frustration. Regardless, the solution to these problems must not infringe upon the right to free speech and association.
  • Snowball Donald ... 2012/09/17 04:00:00
    Snowball
    These are things that could lead to lawsuits and negligence- who pays when the State is sued? We also had employees stealing dry goods and they did nothing. It's 1% mentality. only difference is you're stealing from
    the tax payer to have extra, not earning it and keeping it.
  • Donald ... Snowball 2012/09/17 11:14:31
    Donald Eric Kesler
    I am sympathetic to your indignation. Regardless, the rights of free speech and association is guaranteed by both the Wisconsin and United States Constitutions.
  • Snowball Donald ... 2012/09/17 13:13:18
    Snowball
    Yes, but there's no right to use the threat of stopping public services that we pay for against us as a bargaining chip. I agree with the premise of the original unions (safe place to work & fair wages), and I agree they should be able to negotiate, but I do not agree they should be able to push tax payers into contracts that politicians and biased people entered into on behalf of an unsuspecting public, that HURT the public. My son's teacher (who was three years new), gave her entire FIRST GRADE class two weeks recess restriction, because nobody knew or admitted to, writing "I love you" on a dry erase board that NO ONE was suppose to touch. The teacher confronted the class, and had them all write "who they thought did it", onto a piece of
    paper, and put it in a bin. When no one fessed up, she got upset and gave them the restriction. Took away their recess doing this mind you. Punishing all, for something one kid did- which you'd think was horrible. Went up the chain of command asking for answers as
    to if they really were going to go against a 2006 SHIPPS report by the State, that discouraged teachers
    using recess restriction as a means of punishment. The principal FIRMLY stood behind the teacher, and decided to attack me (how I crossed my kids in a cross walk? Not leavi...





    &
    Yes, but there's no right to use the threat of stopping public services that we pay for against us as a bargaining chip. I agree with the premise of the original unions (safe place to work & fair wages), and I agree they should be able to negotiate, but I do not agree they should be able to push tax payers into contracts that politicians and biased people entered into on behalf of an unsuspecting public, that HURT the public. My son's teacher (who was three years new), gave her entire FIRST GRADE class two weeks recess restriction, because nobody knew or admitted to, writing "I love you" on a dry erase board that NO ONE was suppose to touch. The teacher confronted the class, and had them all write "who they thought did it", onto a piece of
    paper, and put it in a bin. When no one fessed up, she got upset and gave them the restriction. Took away their recess doing this mind you. Punishing all, for something one kid did- which you'd think was horrible. Went up the chain of command asking for answers as
    to if they really were going to go against a 2006 SHIPPS report by the State, that discouraged teachers
    using recess restriction as a means of punishment. The principal FIRMLY stood behind the teacher, and decided to attack me (how I crossed my kids in a cross walk? Not leaving my first grader at the door in the morning despite other parents entering the classroom before class, and other things that if I were sue happy, could have totally made a stink). I wrote a letter to
    the ELECTED Superintendent, who completely
    blew me off, and violated my requests to see emails
    regarding the issue (based on how the staff in the school began to act, I suspected they were "watching" for ANYTHING I did)- it was horrible! I went to the school board- told them everything even presented evidence that the Superintendent violated the local papers requests for info too and ignored them.
    They told me, "give her two weeks to respond". Nothing. Told the School Board President, and he
    didn't do anything. And all I asked was they create
    a fair grievence policy like other nearby school districts, and a written policy on teachers using recess restriction as a tool so that innocent kids aren't denied critical breaks that studies show are NEEDED to help them control their behavior. (I provided studies & the SHIPPS report). Nothing. For the sake of my child in a hostile environment, and because there were no other "choices" until we could apply for Open Enrollment out of the district, I just shut up. But it is like dealing with emotional terrorists, it's not right, and the kids should come first. Unions DON'T CARE. So, why should I care about their "rights"?
    (more)
  • Donald ... Snowball 2012/09/17 19:53:45 (edited)
    Donald Eric Kesler
    I am sympathetic to your frustration with your child's teacher; nevertheless, I oppose your desire to deprive her and her fellow union members of their Constitutional rights.

    You should care about their rights because they are also your rights. If you deprive your child's teacher of her right to free speech and association, then you are giving away your own right to free speech and association.

    Even worse, you are taking away my right to free speech and association. This I will not allow without a fight.
  • Snowball Donald ... 2012/09/20 04:04:34
    Snowball
    You don't get it. There were no constitutional rights violated. You don't come to work, you get fired. They agreed in their contracts not to strike- they did. She can say whatever she wants, but she does not have the right to do whatever she wants and get paid or keep her job.
  • Donald ... Snowball 2012/09/20 14:27:17
    Donald Eric Kesler
    Actually, you don't get it. ACT 10 differentiates between entities that represent public employees in collective bargaining, imposing conditions on certain bargaining entities but not others. The State had failed to advance a sufficient justification for this disparate treatment. This differential treatment of bargaining entities violated the First Amendment right of the affected unions to association and expression, and it also violated the Equal Protection Clause.

    I am sympathetic to your frustration toward those employees who have abused the system; however, you are going to have to find a constitutional way to address these issues.
  • Snowball Donald ... 2012/09/22 03:15:46
    Snowball
    Listen, we are just going to have to agree, to disagree.
  • Donald ... Snowball 2012/09/27 15:44:10
    Donald Eric Kesler
    Fortunately, the judges agree with me. They recognize the importance of the first amendment.
  • Snowball Donald ... 2012/09/27 16:08:32
    Snowball
    for now, but it will be overturned, so don't get too comfy.
  • Donald ... Snowball 2012/09/27 16:25:23
    Donald Eric Kesler
    I am not comfortable. The U.S. Constitution and the Bill of Rights are constantly under attack by those who despise freedom. Fortunately, people like me will remain vigilant.
  • kmay 2012/09/15 13:32:32
    It is bad because...
    kmay
    +4
    It takes away the taxpayers rights!

    WI and Walker will win the appeal.
  • CHUCK - Liberal in Seattle 2012/09/15 13:32:27
    Undecided
    CHUCK - Liberal in Seattle
    +2
    Thank God!!
  • mich52 2012/09/15 13:11:32
  • santa6642 2012/09/15 13:05:23
    It is bad because...
    santa6642
    +4
    It takes away the righs of the people for the unions.The law was and is for the tax payer to give them control of taxes not the uniond demands..
  • Brian ☮ R P ☮ 2012 ☮ 2012/09/15 12:59:33 (edited)
    None of the above
    Brian ☮ R P ☮ 2012 ☮
    +1
    Collective bargaining is acceptable for the private sector, as the market has the ability to absorb the costs, by individuals who want what the market provides. But it is absolutely disastrous for the public sector, as the costs must be absorbed by everyone. People who go into public service, should do so for the opportunity and desire to serve their fellow man, and to gain experience for use in the private sector. Anyone expecting to get rich off of mandated services that the government has decided must be provided at public cost, simply shouldn't be allowed to serve. Private enterprise is a vehicle, if not to wealth, then to a comfortable existence, as people will pay for what they want, but earning anything more than a fair subsistence and experience, on the governments perceived needs of the people, is immoral.
  • ruralntex 2012/09/15 12:52:28
    None of the above
    ruralntex
    +1
    Didn't one of them county judges already pull this shyt once?
  • Schläue~© 2012/09/15 12:38:34
    It is bad because...
    Schläue~©
    +2
    Not a problem as Walker and the residents of Wisconsin will win the appeal.

    There is NO rational reason that public sector employees should have collective bargaining perks. Most of those jobs involve essential services and the union pigs use that to hold public safety hostage.

    There isn't a single Federal govt. job that has collective bargaining perks and the state legislatures should be allowed to make their own determination of whether to allow them or not.
  • Schläue~© Schläue~© 2012/09/15 12:43:32
  • santa6642 Schläue~© 2012/09/15 13:06:15
    santa6642
    +2
    beautiful.
  • Lady Whitewolf 2012/09/15 12:37:30
    It is bad because...
    Lady Whitewolf
    +2
    CRAP.

    Had to read the question again and I hit the wrong answer - should have said GOOD! does this say it
  • Schläue~© Lady Wh... 2012/09/15 12:41:53
    Schläue~©
    +3
    Unions haven't contributed a single positive thing in 40 years and will be a thing of the past by 2020.
    The union pigs of today are riding on the coat-tails of those long ago while they desperately try to hold onto the membership numbers that are dwindling away.
    Funny thing, when people of Wisconsin were given a choice,... there was a 60% decline in membership since Walker was elected,.... the first time.
  • santa6642 Schläue~© 2012/09/15 13:07:13
    santa6642
    +2
    Now thats is the truth
  • Grabitz 2012/09/15 12:23:47
    It is good because...
    Grabitz
    +2
    I guess commie sympathizers like rights taken . Not the America I remember .
  • Lady Wh... Grabitz 2012/09/15 12:37:49
    Lady Whitewolf
    +2
    agreed
  • Kiosk Kid Grabitz 2012/09/15 14:37:58 (edited)
    Kiosk Kid
    Let me slam you with facts.

    The Communist Party just like Unions support Obama

    "The National Board of the Communist Party USA supports Barack Obama"
    CUSA considers it imperative to give its full support to the most progressive wing of U.S. imperialism through support for Barack Obama.

    http://cpusanationalboard.blo...
  • Grabitz Kiosk Kid 2012/09/15 14:49:16
    Grabitz
    Any right taken at all is communist to me . As far as who supports Obama I cant see what that has to do with Walker taking rights unless you feel he is just like Obama .

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