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Unions win a round in Wisconsin, but what happens next is unclear
Updated On: Sep 17, 2012
Leslie Kochan of Local 3336 (DEQ) at a February 2011 rally in downtown Portland.

Both sides analyzing the impact of a judge throwing out most of Wisconsin's 2011 anti-union law


MADISON, Wis

No one is exactly sure "What's next?" in Wisconsin, now that a state circuit court judge has struck down most of Gov. Scott Walker's controversial anti-union legislation that sparked a maelstrom of protests and national media attention last year. The new law effectively ended collective bargaining rights for public employees in Wisconsin, which is where AFSCME was founded in the 1930s.

 

Specifically, the new law only allowed for collective bargaining on wage increases no greater than the rate of inflation; all other issues, including workplace safety, vacation and health benefits, could no longer be bargained.

 

Some Wisconsin school unions are now considering whether to seek new contract talks immediately, or to wait until everything is sorted out. The union representing about 4,700 teachers in Madison says it will demand new negotiations; other unions are considering options. In the meantime, Wisconsin's attorney general, who supports Walker, will appeal to have the law kept in place throughout the appeals process. Pundits are waiting to see if the Wisconsin Supreme Court agrees to take the case directly, rather than waiting for it to wind its way through appellate courts.

 

Both sides are claiming "politics" again. In his 27-page ruling overturning the law, Dane County Circuit Court Judge Juan Colas said the Wisconsin law violates both state and federal constitutions. He wrote that sections "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 both the Wisconsin and United States Constitutions." Colas also said the law violates the equal protection clause by creating separate classes of workers who are treated differently and unequally.

 

Colas was appointed to the bench by Walker's predecessor, former Democratic Gov. Jim Doyle. Walker has criticized Colas as a "liberal activist judge."

 

Technically, Colas' ruling was in response to a lawsuit filed by the Madison teachers union and applies only to local and school employees, but not those employed by the state or Wisconsin's university system. But in reality, the ultimate decision will apply across the board for all public employees impacted by the law.

 

Multiple observers say Wisconsin's Supreme Court at the very least "leans conservative," adding more intrigue to the ongoing drama.

 

AFSCME represents almost 63,000 Wisconsin public workers spread among four union councils.

 


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