Supreme Court reinstates collective bargaining law

[cal04]

Source: JS Online

Acting with unusual speed, the state Supreme Court on Tuesday reinstated Gov. Scott Walker's plan to all but end collective bargaining for tens of thousands of public workers.

The court found a committee of lawmakers was not subject to the state's open meetings law, and so did not violate that law when they hastily approved the measure and made it possible for the Senate to take it up. In doing so, the Supreme Court overruled a Dane County judge who had struck down the legislation, ending one challenge to the law even as new challenges are likely to emerge.

The majority opinion was by Justices Michael Gableman, David Prosser, Patience Roggensack and Annette Ziegler. The other three justices - Chief Justice Shirley Abrahamson and Justices Ann Walsh Bradley and N. Patrick Crooks - concurred in part and dissented in part.

The opinion voided all orders in the case from the lower court. It came just before 5 p.m., sparing Republicans who control the Legislature from taking up the contentious issue of collective bargaining again.

Read more: http://www.jsonline.com/news/statepolitics/123859034.html

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Wisconsin Supreme Court Reinstates Union-Busting Bill
http://tpmdc.talkingpointsmemo.com/2011/06/wis-supreme-court-reinstates-union-busting-bill.php?ref=fpa

[Iliyah]

1. Recall Heil Walker

and take out all six of the goper senators. They did it a secret meeting. Get rid of them totally.

[Kurmudgeon]

2. Seig Heil Wisconsin!

[rayofreason]

3. 2 Godwin's Law hits...

...in the first 2 posts. Could that be a record?

BTW, the full text of the opinion is here

http://www.wicourts.gov/sc/opinion/DisplayDocument.html?content=html&seqNo=66078

[Exultant Democracy]

9. So if I said "then they came for the trade unionist" would that be another hit on Godwin's law??

Or would it simply be a statement of fact?

[boppers]

14. The comparison isn't even close.

1. Unions in Wisconsin are still allowed to meet and organize and set their own charters.
2. All Wisconsin unions are still allowed collective bargaining over their wages.
3. The Wisconsin law going into effect only affects public worker unions, not trade unions.
4. Unions weren't replaced and reorganized under government control (the DAF in Germany).

Read up:
http://en.wikipedia.org/wiki/German_Labour_Front

[enshook]

24. The Comparison is Exact

1. Unions in Wisconsin are still allowed to meet and organize and set their own charters.

The only reason they allowed this is because they don't want to run into problems with the right to assemble. But to what purpose? Nothing they do would be allowed under the law.

2. All Wisconsin unions are still allowed collective bargaining over their wages.

That ability to negotiate over wages has a ceiling of inflation. Social security gets a COLA increase most years. So do other forms of income, such as the military. They may as well have said, if you don't bargain every year to even get that, then you're screwed. ie: You're going to have to fight us to even keep up with the value of the money deteriorating. To claim this as a freedom or power is like spitting in someone's face.

3. The Wisconsin law going into effect only affects public worker unions, not trade unions.

Trade unions include public unions. A trade union is the English way of saying labor union. Public worker unions are labor unions. They aren't unions for protecting animals.

4. Unions weren't replaced and reorganized under government control (the DAF in Germany).

The public union doesn't need to be replaced or reorganized, it was just made obsolete. It has no power other than to fight for the 1.5% raise of inflation one might find in a year. Or .3%, whatever it may be. In fact, if the money began to deflate, and the legislators decided to decrease public wages, the union would NOT be able to organize against it until inflation resumed. Or let's imagine that inflation is stagnate and the legislators are all Republicans and decided that wages must be decreased any arbitrary amount.... No power to protect themselves.

Essentially, our Republican governor just ensured that nobody with any intelligence will want to work for the State. Current wages were in agreement with the amount people get paid in the private sector, including benefits. But from here on out, people will want to go private sector. I only like it in the respect that if people leave State government work, then military folks can complete their 20 years to retirement by serving in the government. Otherwise, it makes more sense for them to go private.

[boppers]

25. So:

1. Not exact.
2. Not exact.
3. Not exact.
4. Not exact.

From this you get "The Comparison is Exact"?

[JackRiddler]

35. Talk about pedantic!

So someone said "heil Walker" on an Internet board, and now you must get all pompous about how he's not Hitler. Golly gee, he's not. Thanks for the amazing news.

[boppers]

39. So, part of "Never forget" is "Never distort".

I'm a wikipedian. We prefer facts.

[JackRiddler]

40. This is a message board, not some pedants pretending to play encyclopedia...

Humor, exaggeration and caricature are allowed. Pomposity will be deflated. Amazing!

[boppers]

41. Not everybody plays by FAUX rules.

Thus, exaggeration and caricature and pomposity will be called out for the mis-truths they are.

[JackRiddler]

42. I think you just invented a corollary for Godwin.

As a DU thread grows, the chances that someone will try to label something Republican (or Fauxnews) rise to one.

Fauxnews should be so lucky, to understand caricature or irony.

[boppers]

44. Wow, I think you're right.

There is kind of a faux Godwin effect.

[GreenStormCloud]

26. I think you don't know what Godwin's Law is.

Read this Wiki link http://en.wikipedia.org/wiki/Godwin's_law and then look at posts # 1 & 2.

[JackRiddler]

36. I know, I know! For starters it's a joke, not a law.

[GreenStormCloud]

37. I was responding to Exultant Democracy, who actually doesn't seem to know. N/T

[Commie Pinko Dirtbag]

45. New Rule:

It's not a violation of Godwin's law when the comparison is actually apt.

[onehandle]

4. ...

[robcon]

5. I think the ruling was correct...

This part is a good interpretation...

"¶11 IT IS FURTHER ORDERED that we have concluded that in enacting the Act, the legislature did not employ a process that violated Article IV, Section 10 of the Wisconsin Constitution, which provides in relevant part: “The doors of each house shall be kept open except when the public welfare shall require secrecy.” The doors of the senate and assembly were kept open to the press and members of the public during the enactment of the Act. The doors of the senate parlor, where the joint committee on conference met, were open to the press and members of the public. WisconsinEye broadcast the proceedings live. Access was not denied.<1> There is no constitutional requirement that the legislature provide access to as many members of the public as wish to attend meetings of the legislature or meetings of legislative committees. "

The other part is dodgy. It says the legislature, not the judiciary, should rule on whether enough notice was given, and that there is precedent for that decision:

"¶13 It also is argued that the Act is invalid because the legislature did not follow certain notice provisions of the Open Meetings Law for the March 9, 2011 meeting of the joint committee on conference. It is argued that Wis. Stat. § 19.84(3) required 24 hours notice of that meeting and such notice was not given. It is undisputed that the legislature posted notices of the March 9, 2011 meeting of the joint committee on conference on three bulletin boards, approximately 1 hour and 50 minutes before the start of the meeting. In the posting of notice that was done, the legislature relied on its interpretation of its own rules of proceeding. The court declines to review the validity of the procedure used to give notice of the joint committee on conference. See Stitt, 114 Wis. 2d at 361. As the court has explained when legislation was challenged based on allegations that the legislature did not follow the relevant procedural statutes, “this court will not determine whether internal operating rules or procedural statutes have been complied with by the legislature in the course of its enactments.” Id. at 364. “e will not intermeddle in what we view, in the absence of constitutional directives to the contrary, to be purely legislative concerns.” Id. The court’s holding in Stitt was grounded in separation of powers principles, comity concepts and “the need for finality and certainty regarding the status of a statute.” Id. at 364-65. "

http://www.wicourts.gov/sc/opinion/DisplayDocument.html?content=html&seqNo=66078

[plumbob]

10. So 24 hours =

Sounds like the reasoning of a captive bunch of cowards, all right.

[FBaggins]

33. Probably (though I haven't read it).

Many of us tend to confuse the "right thing to do" with what the law says.

We don't want this law to be enacted, so there just HAS to be some way to stop it. Unfortunately it doesn't work that way. The proper solution it to throw the bums out and pass new laws.

[locahungaria]

6. Disgusting...

"http://www.youtube.com/embed/7z17mP2nGBQ"

[AndyTiedye]

7. BOO! HISS!!!

[InkAddict]

8. Disgusting, and not very unlike civil service rules regarding

persons in appointed non-exempt positions in which "secret" personnel matters are concluded; the lack of individual due process to hear "cause" is abhorant to democratic sensitivities but quite fine with totalitarians.

[SoapBox]

11. I keep wondering, at what point will the citizens of America have enough?

...it's unbelievable what these Thugs, Bullies and Terrorists are doing to America.

When will the vast majority FINALLY wake up out of their lemming like blur?

...looks like Fascism to me.

http://www.ratical.com/ratville/CAH/fasci14chars.html

[No DUplicitous DUpe]

12. Won't this be a good thing for the recall effort?...

As angry people tend to show up and vote.

[PeaceNikki]

13. Yes. We were expecting this.

The conservative majority on Supreme Court agrees with conservative majority in legislature that you can take away people's rights without following the normal process. Not surprised. Motivated. We are Wisconsin.

Please help these fine folks fight Walker, AFP, Citizens United and the Koch Brothers: http://www.wisdems.org/candidates

[rdking647]

15. its time to shut the state down

the GOP wants to play hard ball,its time to shut the state down. If teh workers are smart they will all go on strike.. since the supreme coure doesnt give a damn about the law either should the employees. see how long the state operates without and state employees.

[Yon_Yonson]

21. Where do I sign up ... SHUT EH DOWN

Hit those fucking NEOCONS where it hurts the most ... in their pocket books!

[Jefferson23]

16. The law effects public sector unions, union growth has been limited

to the public sector, if this is now eliminated this would be devastating beyond words.

[divine_truine]

17. PPL of WISCONSIN! make us all proud!

Recall this MF & those repuke koch-whore senators/ legislators who will continue their bootlicking ways at their corporate masters' feet (koch industries). Republicans continue to piss their vote away by not serving the best interests of their constiuents, once again!

GO BACK TO YOUR HELL, fake gov. walker, from where you crawled out from.

[JJW]

18. What?

Lawmakers are not subject the State Open Laws? WTF?

Well there you have it.... the legislature is above the law.

If the workers and unions refuse to strike, they will lose everything!

[Igel]

22. See post #5.

Apparently the meeting was open, at least enough to satisfy the law. I don't know if every part of every meeting was open, but the final meetings apparently were. I'm not in Wisconsin, interest is limited.

The meeting just wasn't announced 24 hours in advance. The court's apparently relying on precedent that the courts don't get involved in legislative-internal interpretation of legislative-imposed rules, barring any clear constitutional issue.

[iwishiwas]

19. OMG. I just want to cry...

[cyberpj]

20. ? Wasn't there something about no-bid contracts for energy utilities that was hidden in there too?

For the benefit of Mr. Koch.........

[mvd]

23. I can't wait for the re-call!

I think we'll win by so much that even Koch Brothers can;t steal it.

[TomCADem]

27. Wisconsin ruling limits collective bargaining among public workers

Source: St. Louis Today

The Wisconsin Supreme Court cleared the way on Tuesday for significant cuts to collective bargaining rights for public workers in the state, undoing a lower court's decision that Wisconsin's controversial law had been passed improperly.

The Supreme Court's ruling, issued at the close of the business day, spared lawmakers in the Republican-dominated Capitol from having to do what some of them strongly hoped to avoid: calling for a new vote on the polarizing collective bargaining measure, which had drawn tens of thousands of protesters to Madison this year and led Democratic lawmakers to flee the city in an effort to block the bill.

Republican leaders had warned on Monday that if the Supreme Court did not rule by Tuesday, they would feel compelled to attach the same measure to the state's budget bill, which is expected to be approved this week.

The decision ended, at least for now, lingering questions about when and whether the cuts would take effect, but it also underscored the state's partisan divide, which seems to grow wider by the day. The ruling was 4 to 3, split along what many viewed as the court's predictable conservative-liberal line.

Read more: http://www.stltoday.com/news/national/article_49273d07-1659-556f-b8fa-cdecc13e9f2d.html

---

Once again, we are reminded that there are stark differences between Republicans and Democrats, and that Reagan would be dismissed as a RINO in the current Republican party, which is dominated by ideological extremists.

Instead of appealing to the middle, the current Republican presidential field has been bending over backwards to show their solidarity with Governor Walker and his efforts to destroy workers' rights. Bachmann, Romney, Pawlenty, it does not matter.

[dkf]

28. I don't understand how law is now conveniently split into ideologies nowadays.

How is it that a ruling on if the proper procedures was followed falls along partisan lines?

Are judges really following the law or are they using the law to justify whatever their agendas are?

[Zoeisright]

29. His name is actually "Wanker".

[JJW]

30. STRIKE!

Enough already. The rich and powerful own the Gov, Republican legislators and the conservative judges. That is how it is and will always be.

[Yon_Yonson]

38. I never worked a union job but they have declared war on America's workers

When do we man the picket line?

[RoccoR5955]

31. After the recalls, this can change.

And hopefully it will! Next thing for Badgers to do is to recall that Wanker governor of their's!

[LiberalFighter]

34. Need to get rid of Walker and the House needs to be turned over to the Dems

in addition to the Senate side before the law could be changed.

[fascisthunter]

32. Call them Anti-Working Class

[peace4ever]

43. Clever headline, makes it sound very patriotic, American even

However, they do not have the power to take away, what was never theirs to begin with.