Walker's controversial collective bargaining law struck down by Dane County judge
Post by Emily Mills on 9/14/2012 6:12pm
Act 10, the controversial law that took away most collective bargaining rights from public employees, was struck down for being unconstitutional by a Dane County judge on Friday.
In his ruling on a lawsuit brought against the legislation by Madison Teachers, Inc. and Public Employees Local 61, which represents teachers in Milwaukee, Circuit Judge Juan B. Colas said Act 10 "violates the Wisconsin and U.S. constitutions' guarantees of free speech and freedom of association."
Furthermore, according to the Wisconsin State Journal, "sections of the law 'single out and encumber the rights of those employees who choose union membership and representation solely because of that association and therefore infringe upon the rights of free speech and association' guaranteed by the state and federal constitutions.
"Colas also ruled that the law violates the equal protection clause by creating separate classes of state workers who are treated differently and unequally under the law."
Read the full ruling here (pdf).
The law was defended in court by the Attorney General's office, which has indicated that an appeal of the decision is certain.
Cullen Werwie, Gov. Walker's spokesperson, alsosaid that an appeal was likely though he wasn't yet sure what the immediate ramifications of the ruling would be.
A press conference with representatives from Madison Teachers, Inc. and their attorneys is scheduled for Saturday morning at 10 a.m. to discuss the decision.
The firm representing the teachers clarified that the ruling only applies to municipal workers, and not state employees.
The introduction of Act 10 sparked months of mass protests in Madison and statewide, and triggered the eventually failed effort to recall the governor.
Union leaders and Democratic politicians were quick to praise the ruling. District 1 congressional candidate Rob Zerban released a statement calling the decision "a resounding victory for hardworking Wisconsin families. The Walker Law has been a noose around the necks of unions since it was passed."
“This is a good day for Wisconsin’s working people and the union movement,” said Stephanie Bloomingdale, Secretary-Treasurer of the Wisconsin State AFL-CIO. “When workers choose to join together for mutual aid and protection, their employer should honor their choice, come to the table and discuss wages and working conditions.”
Emily Mills
Editor-At-Large
Emily Mills is Editor-At-Large for Dane101, as well as Editor of Our Lives Magazine. She is also a freelance writer, photographer, actor, and musician (drummer and singer in local band Little Red Wolf). Originally from several states up and down the Midwest Emily has called Madison home since 2000. Contact her at
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General strike? Time to bring Wisconsin to its knees and let the governor know the people have the ultimate say. Keep posting!
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Walker's controversial collective bargaining law
Submitted by Crystal D. Stroud (not verified) on Thu, 2013-03-21 22:49.
Republicans hate people that actually work for a living. That is why they keep eliminating pensions so people can never retire, cutting pay so people have to work harder formless pay, and raising taxes on the poor and middle class so the obscenely wealthy can get tax cuts.
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Submitted by Evelyn W. Follansbee (not verified) on Wed, 2013-03-27 20:08.
Impressive! Finally unions are getting support by the courts. Unilons are responsible for our weekends, for child labor laws. They are behind industrial safety standards which even now, industries are attempting to roll back for the sake of more profits, risking the safety of their own workers.
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Submitted by Luther J. Lavalley (not verified) on Fri, 2013-03-29 22:34.
The republicans scream the loudest about how they believe in the constitution and most of the time they are the biggest abusers of basic human rights and dignity. If this isn't discrimination, I don't know what is. Walker has long been one that rewards his henchmen and punishes voters that object to him and this is a classic case.
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Walker's controversial collective bargaining law
Submitted by Janice H. Hoskins (not verified) on Wed, 2013-04-03 10:04.
The reform of mining laws will be another reason. Decreasing our state income taxes will probably be the next positive reform from the Walker admin. Thank you Governor Walker!
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Walker's controversial collective bargaining law
Submitted by Erik J. McGuire (not verified) on Fri, 2013-04-05 09:04.
The GOP has become an organization which is only self serving in nature and on a power trip. The American people are a liability simply to be kicked out of the way. Great post!
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Walker's controversial collective bargaining law
Submitted by Dale J. Martinez (not verified) on Mon, 2013-04-08 06:44.
There is a reason why the gop has to constantly fiddle with the vote do gerrymandering. They can't win on a level playing field. Their policies and platform is anti-american and everyone knows that even you who support stacking the deck.
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Submitted by Barbara J. Crawford (not verified) on Thu, 2013-04-11 06:03.
Let's face one simple fact. The Unions said that the Recall election would show what Wisconsin citizens thought of Unions, and they were right. The Governor received an even higher percentage of the vote in the Recall than he did in the original election.
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Submitted by Rafael G. Davis (not verified) on Sat, 2013-04-13 01:48.
Considering the time and money and emotion that has been spent in Wisconsin on these issues. I think it would be good to wait until after the Nov. election, and after the appeals on this decision. I agree with the people who want to renegotiate, and I think is best to pick your fight and pick the time.
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Submitted by Elizabeth J. Warnke (not verified) on Wed, 2013-04-17 06:19.
The court ruling was inevitable because Act 10 is not unconstitutional. The other law suits will end the same way. Defanging the public sector unions is reason enough to return Walker to office. The reform of mining laws will be another reason. Thank you Governor Walker!
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Submitted by Michael D. Dobbs (not verified) on Fri, 2013-04-19 05:20.
Scott Walker stripped government union rights despite the fact upper government management workers like himself are not part of unions, and give themselves raises without the consent of taxpayers. Union rights are being stripped despite our government having ridiculous tax laws giving tax breaks to highly profitable big businesses outsourcing jobs.
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Walker's controversial collective bargaining law
Submitted by Joan M. Hummer (not verified) on Sat, 2013-04-20 08:12.
Congratulations to the people of Wisconsin. It's great to see yet another state ending the abuses of unions against the people of their state.
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Submitted by Benito V. Manley (not verified) on Mon, 2013-04-22 09:00.
Walker has long been one that rewards his henchmen and punishes voters that object to him and this is a classic case. There are signs of collective bargaining and unionism or solidarity in every facet of life for just about every walk of life and our United States is a union but, those same rules and applications are not upheld for many who end up disenfranchised and powerless.
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Walker's controversial collective bargaining law
Submitted by William M. Peterson (not verified) on Wed, 2013-04-24 01:06.
Are the unions going to call for blood and civil war like they did in Michigan a few months ago. Every one knows these federal and state unions are a money laundering service for the Dem Party. Scott Walker is a hero and trying to save his state and create more jobs and make the unions pay their fair share.
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Submitted by Chris B. Schwartz (not verified) on Fri, 2013-04-26 20:11.
The celebration is premature. I guess people are clueless about courts or simply do not read the article before posting. Nothing has changed.
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Submitted by Everett C. Powell (not verified) on Mon, 2013-04-29 02:10.
The republicans scream the loudest about how they believe in the constitution and most of the time they are the biggest abusers of basic human rights and dignity. If this isn't discrimination, I don't know what is. Walker has long been one that rewards his henchmen and punishes voters that object to him and this is a classic case.
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Walker's controversial collective bargaining law
Submitted by Teresa D. Moore (not verified) on Tue, 2013-04-30 07:37.
On behalf of the Koch brothers and the rest of us upon high, we would like to thank Gov Walker for continuing to propagate this infighting among the workers scrambling to get whatever crumbs we can throw their way.
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Submitted by Michael T. Thomas (not verified) on Wed, 2013-05-01 06:45.
This is frightening evidence that the Government is becoming profoundly corrupt. Scott Walker is a terrible person. My state has a Governor just like him
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Submitted by Michael L. Phillips (not verified) on Thu, 2013-05-02 07:53.
While Walker may be jumping up and down that Act 10 is constitutional. Perhaps he and all his followers may wonder why, with the Unions losing power, companies just haven't been flocking to Wisconsin to do business.
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Submitted by Robert S. Cole (not verified) on Fri, 2013-05-03 06:20.
You let one ant or worker stand up to us, then they all might stand up. Those puny little ants or workers outnumber us a hundred to one. And if they ever figure that out, there goes our way of life! It's not about food.
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Submitted by Dean D. Cao (not verified) on Mon, 2013-05-06 10:12.
I would give a lot more respect to the unions if they would allow evaluations and merit pay. As long as they continue with the ridiculous notion that they cannot or should not be subject to review while they protect the worst among them, I will continue to be against them.
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Submitted by Natalie P. Newsom (not verified) on Tue, 2013-05-07 07:33.
This is frightening evidence that the Government is becoming profoundly corrupt. Scott Walker is a terrible person. Good post!
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Submitted by Vera E. Noell (not verified) on Thu, 2013-05-09 09:23.
Wow! Good for Scott. Make the unions pay some of their own care. Great article content. Keep up the good work!
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Submitted by Shannon H. Leach (not verified) on Fri, 2013-05-10 22:46.
Very good post! It is refreshing to read something besides hating on unions. I look forward to your next post!
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Submitted by Janet J. Early (not verified) on Sat, 2013-05-11 10:41.
I think most people do not realize the implications of this judges ruling yet. The judge struck down the law, which means that as of this ruling the law no longer exists! we revert back to the old laws of collective bargaining.
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When new rulings are made,
Submitted by Gloria (not verified) on Mon, 2013-06-17 09:56.
When new rulings are made, there are always going to be some tense situations between the employees. If they act like this now, what will happen to them after retirement, because they will have to live as a result of these rulings!
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