JUDGE STRIKES DOWN WIS. LAW LIMITING UNION RIGHTS

MADISON, Wis. (AP) -- A Wisconsin judge on Friday struck down nearly all of the state law championed by Gov. Scott Walker that effectively ended collective bargaining rights for most public workers.

Walker's administration immediately vowed to appeal, while unions, which have vigorously fought the law, declared victory. But what the ruling meant for existing public contracts was murky: Unions claimed the ruling meant they could negotiate again, but Walker could seek to keep the law in effect while the legal drama plays out.

The law, a crowning achievement for Walker that made him a national conservative star, took away nearly all collective bargaining rights from most workers and has been in effect for more than a year.

Dane County Circuit Judge Juan Colas ruled that the law violates both the state and U.S. Constitution and is null and void.

In his 27-page ruling, the judge said 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 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.

The ruling applies to all local public workers affected by the law, including teachers and city and county government employees, but not those who work for the state. They were not a party to the lawsuit, which was brought by a Madison teachers union and a Milwaukee public workers union.

Walker issued a statement accusing the judge of being a "liberal activist" who "wants to go backwards and take away the lawmaking responsibilities of the legislature and the governor. We are confident that the state will ultimately prevail in the appeals process."

Wisconsin Department of Justice spokeswoman Dana Brueck said DOJ believes the law is constitutional.

The ruling throws into question changes that have been made in pay, benefits and other work rules in place across the state for city, county and school district workers.

Walker's law, passed in March 2011, only allowed for collective bargaining on wage increases no greater than the rate of inflation. All other issues, including workplace safety, vacation, health benefits, could no longer be bargained for.

The ruling means that local government and schools now must once again bargain over those issues, said Lester Pines, an attorney for Madison Teachers Inc. that brought the case.

"We're back to where we were before the law was enacted," he said.

Pines predicted the case would ultimately be resolved by the state Supreme Court.

"What's going to happen in the interim is unknown," he said.

The state Supreme Court in June 2011 ruled that the law was constitutional after it had been blocked by a different Dane County judge on a challenge over its passage being a violation of open meetings law.

Walker introduced the proposal in February 2011, six weeks after he took office. It resulted in a firestorm of opposition and led to huge protests at the state Capitol that lasted for weeks. All 14 Democratic state senators fled the state to Illinois for three weeks in an ultimately failed attempt to stop the law's passage from the Republican-controlled Legislature.

The law required public workers to pay more for their health insurance and pension benefits at the same time it took away their ability to collectively bargain over those issues. Walker argued the changes were needed to help state and local governments save money at a time Wisconsin faced a $3 billion budget shortfall.

Anger over the law's passage led to an effort to recall Walker from office. More than 930,000 signatures were collected triggering the June recall election. Walker won and became the first governor in U.S. history to survive a recall.

The lawsuit was among several filed against the law.

A coalition of unions filed a federal lawsuit in Madison in June 2011, arguing that the law violated the U.S. Constitution's equal protection clause because it exempted firefighters and police officers. A federal just upheld most of the law in March, but the rulings are under appeal.

Another lawsuit was filed in July 2011 by two unions representing about 2,700 public workers in Madison and Dane County. They also challenged the law on equal protection grounds. The case is pending.

Democrats and unions were ecstatic with Friday's ruling.

"As we have said from day one, Scott Walker's attempt to silence the union men and women of Wisconsin's public sector was an immoral, unjust and illegal power grab," said Phil Neuenfeldt, president of the Wisconsin State AFL-CIO.

The Democratic minority leader in the state Assembly called the ruling a huge victory for workers and free speech.

"This decision will help re-establish the balance between employees and their employers," said Rep. Peter Barca.

Republican Rep. Robin Vos, a staunch supporter of the law and the presumptive next speaker of the Assembly, called the ruling an example of the "arrogance of the judiciary."

"I'm confident it's a single judge out of step with the mainstream," Vos said. He said the law is working "and we'll continue to implement it."

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  • Unions are the biggest reason for City,county and state governments struggling? Really? What about the loss of investments to the sthiefs of Wall Street? A contract is a contract and both sides have to agree to it! Why is it we always want to point fingers at labor? Who the hell gets a 16% pay increase? How about doing a little research on the contracts of CEO's, bonuses for investment bankers and the corporate welfare given to the same? No it is easier to go after the little guys. When people realize that they are being pushed closer and closer to corporate run society maybe then they will stand up and say NO! Unions are what gave this country the middle class and the idea that they have passed their usefulness is BS, just look at the real income earned in the last several decades and how corporate wages and bonuses have skyrocketed but labor has remained flat yet production has steadly increased. But continue to praise the elite corporate thiefs and what they do and not reward the work of people every day, that is what the Romney followers are swallowing hook line and sinker all the way!
    barney290 09/16/2012 10:42 AM
  • That's why I will never vote Republican! Hate em all!
    VirginiaBear69 09/16/2012 08:10 AM
  • erly, baby, tootsie...............

    i don't buy anything made by siemens, krup or boss, either, because they all used concentration camp labor during world war 2, won't shop at aldi or trader joe's because the two brothers who own them are ex-ss members......it's called having principles. the election 12 years ago wasn't won, it was stolen, just as surely as jfk stole the election in his time. instead of looking for ways to obfuscate the issues at hand, spend some time researching. you might be surprised at what you can find. and try thinking for yourself instead of swallowing a party line.
    rae121452 09/15/2012 08:33 PM
  • When is it wrong for people to get together and negotiate on their own behalf? Is that not what this country is all about? I am amazed at how many people are against unions but when others form a group or organization it is OK for them to negotiate and lobby on behalf of the group or organization. What is wrong with two people or organizations negotiating and arriving at a contract? Businesses do it all the time and we don't cry foul about that? Republicans want government out of their business but when it comes to workers that is a whole differnet story. So as long as we worship the right god and work for peanuts the Republicans are pleased if not they are going to make sure that lwas are passed that make sure we do.
    barney290 09/15/2012 02:07 PM
  • do you mean like the famous "dangling chads" decision, everysooften???
    rae121452 09/15/2012 10:51 AM
  • Nothing like judges making decisions based on politics - rather than the law!
    everysooften 09/15/2012 10:22 AM