Saturday, September 15, 2012

From the MWJS: Judge throws out Walker's union bargaining law

An illustration of federalism, civil liberties, and the nature of home rule authority. A federal court threw out part, but not all, of Wisconsin's recently passed laws limiting collective bargaining rights for city and state employees:

Gov. Scott Walker's law repealing most collective bargaining for local and school employees was struck down by a Dane County judge Friday, yet another dramatic twist in a year and a half saga that likely sets up another showdown in the Supreme Court.

The law remains largely in force for state workers, but for city, county and school workers the decision by Dane County Judge Juan Colas returns the law to its status before Walker signed the legislation in March 2011.

Colas ruled that the law violated workers' constitutional rights to free speech, free association and equal representation under the law by capping union workers' raises but not those of their nonunion counterparts. The judge also ruled that the law violated the "home rule" clause of the state constitution by setting the contribution for City of Milwaukee employees to the city pension system rather than leaving it to the city and workers. 

- The laws in question: Wisconson Act 10 and Act 32.
- Click here for the judge's ruling, and here for excerpts.