Posted: September 14, 2012
Judge overturns Wisconsin law
that banned collective bargaining
Big victory for public sector workers
A Wisconsin judge on Sept. 14 struck down nearly all of the Wisconsin law that effectively ended collective bargaining rights for most public workers.
Gov. Scott Walker, who championed the law, 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.