Saturday, September 15, 2012

Judge strikes down Walker's collective bargaining law

A Dane County judge late Friday struck down Wisconsin's controversial 2011 collective bargaining law because he said it violates the state and U.S. constitutional guarantees of free speech and freedom of association.
Ruling in a lawsuit brought by Madison Teachers Inc. and a union representing public workers in Milwaukee, Circuit Judge Juan B. Colas said in a 27-page decision that 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."
Colas also said that the law violates the constitutional equal protection clause by creating separate classes of state workers who are treated differently and unequally under the law.
The law, which was passed early last year in an atmosphere of almost constant protest that drew tens of thousands to the state Capitol, severely restricted the collective bargaining rights of most public workers in Wisconsin.
Madison lawyer Lester Pines, who represented MTI in court, said the decision means that for municipal workers, including teachers, who still have certified collective bargaining units, "their unions are back in business, for all business," including issues related to wages, hours and working conditions.
"I think Judge Colas did an excellent job analyzing cases and law, and I believe the decision will be upheld (on appeal)," Pines said.
"I'm ecstatic," said MTI President John Matthews.
"I've been doing this a little over 44 years, and this is the biggest news I've heard," Matthews said. "This restores that ability to have an equal voice in the workplace."

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