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Parts of Collective Bargaining Law Ruled Unconstitutional

A federal judge today said automatic collection of dues and requiring annual re-certification violate unions' First Amendment rights.

 

Two components of Act 10 - the budget repair bill - were deemed unconstitutional today, according to a federal judge's ruling.

Specifically, unions challenged whether or not dues can be automatically deducted from public employee paychecks and that unions must certify with an absolute majority.

The lawsuit was filed by a coalition of unions shortly after Act 10 was passed last year.

Saying those provisions violate union members' First Amendment rights because public safety employee unions are not subject to the same restrictions, US District Judge William M. Conley issued his opinion Friday. He rejected assertions that the law violates any equal protection under the law clauses, but he ordered that automatic dues withdrawals be reinstated by May 31.

In a story from jsonline.com, Conley's ruling is quoted, in part, as saying, "So long as the State of Wisconsin continues to afford ordinary certification and dues deductions to mandatory public safety unions with sweeping bargaining rights, there is no rational basis to deny those rights to voluntary general unions with severely restricted bargaining rights."

State Rep. Sandy Pasch (D-Whitefish Bay) said in a news release that today's ruling serves as a reminder of Wisconsin Republicans' "unprecedented power grabs" this session.

"Unnecessarily dividing our state and unconstitutionally dismantling workers’ rights are not examples of responsible governance – they are examples of extreme arrogance," Pasch said. "The extreme, divisive decisions made by Gov. Walker and legislative Republicans threaten to undermine Wisconsin’s longstanding traditions of openness and transparency and damage the well-being of our working families."

Rep. Robin Vos (R-Rochester) is Co-Chair of the Joint Committee on Finance, and he issued a statement with Assembly Majority Leader Rep. Scott Suder (R-Abbotsford) saying the reforms of Act 10 will stand the test of time.

“While we’re disappointed that two parts of the law were struck down by a liberal judge from Dane County, appointed by President Barack Obama, the fact is he ruled almost all of Act 10 constitutional.  We are hopeful that the ruling will be appealed but are pleased that the first federal court test confirms that Act 10 is valid," they wrote. "The reforms in Act 10 have undeniably helped the state move forward past difficult financial times.  The reforms were used by local governments and school districts to balance their budgets.  Together with our jobs agenda, Act 10 helped turn the tide and move the state toward a more prosperous future for its citizens.”

Rep. Cory Mason (D-Racine), the ranking Democrat on the Joint Committee on Finance said the judge's decision is a win for public employees.

"The decision is a vindication for workers and their right to be in a union without discrimination," he told Patch Friday.

Related Topics: Act 10 unconstitutional and budget repair bill

CowDung

3:28 pm on Friday, March 30, 2012

What part of the First Amendment has to do with 'equal protection under the law'? Isn't that part of the 14th Amendment?

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Tom Kamenick

3:31 pm on Friday, March 30, 2012

That's not quite right. The judge struck down both of those parts (annual recertification elections and the prohibition on dues checkoff) based on violations of equal protection. The judge SORT OF concluded that the dues prohibition checkoff violated first amendment rights, but was not at all clear on that and really just rested on his equal protection conclusions that the State can't deny checkoff to some unions and not others.

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Tom Kamenick

3:36 pm on Friday, March 30, 2012

"Accordingly, the court will (1) grant defendants judgment on those claims challenging restrictions on the collective bargaining rights of general employee unions on Equal Protection grounds, (2) grant plaintiffs summary judgment on their claims challenging annual, absolute majority union recertification and denial of voluntary union dues deductions as to general employee unions on Equal Protection and First Amendment grounds, and (3) enter the appropriate relief."

2 is the key - it says both EPC and IA grounds (although if you read the opinion, that's wrong, the judge only applied IA to the dues checkoff, not recertification, issues).

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mau

3:48 pm on Friday, March 30, 2012

Why do we elect lawmakers? Seems the judges, courts and lawyers are the supreme rulers of the US.

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Randy1949

3:54 pm on Friday, March 30, 2012

@Mau -- We have judges and the courts to make up for the fact that some of our elected legislators didn't pay enough attention in law school. Then they pass laws that violate our Constitutions and someone has to file a suit to point that out.

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Keith Schmitz

5:38 pm on Friday, March 30, 2012

So then you would have a problem with the Supreme Court electing the president in 2004 and possibly throwing out the ACA mau?

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MCU

7:55 pm on Friday, March 30, 2012

Did you study civics in grade school? There are three branches of government, the executive, the legislative, and the executive. There are three branches in the hopes that none will be able to become the supreme ruler of either the US or of the good state of Wisconsin.

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morninmist

8:46 pm on Friday, March 30, 2012

You are right. FitzWalkerstan "laws" do seem frequently to end up in court. They abuse their powers that is why! The abuse of their powers-working for ALEC instead of working for all the people of WI is why there are the recalls. Stupid so-called 'lawmakers" who don't know WI constitution!

................
mau

3:48 pm on Friday, March 30, 2012

Why do we elect lawmakers? Seems the judges, courts and lawyers are the supreme rulers of the US.

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mau

7:47 am on Saturday, March 31, 2012

"the state is divided into branches, each with separate and independent powers and areas of responsibility so that no branch has more power than the other branches. The normal division of branches is into an executive, a legislature, and a judiciary."

It's supposed to be a balance of power. That is not what we are getting into. The problem is it's the lawyers who are writing the laws and running the country.

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morninmist

9:00 am on Saturday, March 31, 2012

spot on mau
Walker's lawyers at Best et all wrote the redistricting laws. Look what happened.!!

.............
mau

7:47 am on Saturday, March 31, 2012

"the state is divided into branches, each with separate and independent powers and areas of responsibility so that no branch has more power than the other branches. The normal division of branches is into an executive, a legislature, and a judiciary."

It's supposed to be a balance of power. That is not what we are getting into. The problem is it's the lawyers who are writing the laws and running the country.

Johnny Blade

3:57 pm on Friday, March 30, 2012

Oh yeah i did read the union dues can be automaticlly deducted in the constitution .. now where was it

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MCU

7:57 pm on Friday, March 30, 2012

Johnny, do you want everything written out for you? Even current laws (written in the 21st century are subject to interpretation.

Johnny Blade

4:00 pm on Friday, March 30, 2012

Yeah and the interstate commerce clause lets the federal government force you to buy anything it wants .. yeah thats what our founders intended, not to limit the federal government but give them powers to do anything

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Randy1949

4:03 pm on Friday, March 30, 2012

Well, Johnny Blade, that leaves us with single-payer. Unless you enjoy paying inflated prices for an inefficient system that leaves some people out in the cold.

The individual mandate was a GOP idea, did you know that?

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Bert

4:25 pm on Friday, March 30, 2012

It also ends all discussion of privatizing social security, as citizens would be mandated to contribute either to private retirement plan or to the government (social security) plan. The only constitutional options, should ObamaCare be struck down, will be single-payer Medicare-for-All, or the Tea Party preferred "Let 'em Die" plan where we remove the obligation on emergency rooms to provide life-saving care to anyone who can't prove they have a means to pay their bill. It also kills Paul Ryan's plan to privatize Medicare, as this would change from a tax-funded service to an individual mandate on seniors to purchase private insurance. Republicans have really shot themselves in the foot on this challenge!

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Randy1949

4:36 pm on Friday, March 30, 2012

@Bert -- I realize an ER can't turn you away if you're uninsured and bleeding to death, but they sure can bill you for it. And I'm not sure hospitals are obliged to admit you then and give you the care you need to save your life, like chemo.

As for Social Security, it's partly privatized now, because no one can live on those benefits alone, especially if their lifetime earning weren't all that great.

Would the Ryan plan be a mandate? I mean, some old people could simply forego the vouchers and hope to die in their sleep.

Steve Ebbie

4:02 pm on Friday, March 30, 2012

These GOP elected leaders are costing our state millions with their power grabbing tactics. Plain and simple. Voter ID suits, redistricting mess-ups and now this.

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Steve ®

11:38 pm on Friday, March 30, 2012

Liberals bring everything to court
Liberals with their non stop recalls

Hope and change is expensive when the liberals are backed against the wall.

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Bren

12:03 am on Saturday, March 31, 2012

Steve, this is the first recall effort against a Wisconsin governor in state history.

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Steve ®

9:56 am on Saturday, March 31, 2012

Bren, forgot your pills this AM? If I can turn the page of memory back correctly were were doing a round of recalls last year as well.

Johnny Blade

4:04 pm on Friday, March 30, 2012

Hmm why do i need an ID or training to carry a gun .. seems the 2nd says not to be infringed ... but the whiners think that is reasonable .. well i think it is reasonable to show ID to vote

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Bert

4:27 pm on Friday, March 30, 2012

Second amendment also says "well-regulated", as opposed to the NRA preferred "unregulated".

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Keith Schmitz

5:41 pm on Friday, March 30, 2012

Your gun is more harmful than anyone's vote, except owning the gun probably makes you feel more manly than casting a ballot.

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Steve ®

9:57 am on Saturday, March 31, 2012

A liberal voting is more harmful that a gun. Myself and my wallet have to live with the consequences.

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Caleb Foust

12:19 pm on Saturday, March 31, 2012

Keith Schmitz in possession of taxpayer money is a far worse threat than any weapon.

Johnny Blade

4:07 pm on Friday, March 30, 2012

Hmmm i seem to pay inflated prices cuz no one takes care of themselves and they think it is all for free .. oh wait i found it right in the constitution your inaleinable right to free health care, free housing, .. yeah lets contort the pursuit of happiness to mean free sheeet for everyone

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Randy1949

4:16 pm on Friday, March 30, 2012

I actually agree with you, Johnny. I think 'managed care', which is another way of saying insurance pays for everything, inflates prices and encourages overuse, while making healthcare unavailable to some people.

I'd be perfectly happy to be able to buy a catastrophic policy to cover my final illness. Forget trying to cure cancer if I should be so unlucky as to get it. There's no way I could afford that.

Johnny Blade

4:08 pm on Friday, March 30, 2012

Iam not a fan of either MOB family that runs the government

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Keith Schmitz

5:41 pm on Friday, March 30, 2012

"Iam not a fan of either MOB family that runs the government."

Welcome another two-year old to the group.

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MrsPeel

12:12 pm on Saturday, September 15, 2012

Leave Johnny alone and stop picking on him. He is just describing the "government" of Somolia which is a "Libertarian Paradise" where there are no rules, no taxes, and no pesky police or fire departments. He is just describing the type of "paradise' that he would like the US to become.

PJS

4:27 pm on Friday, March 30, 2012

I love that the NOW turned 18 since the last election couldnt vote for him or against him but can now help get him out of office. I know alot of those 18 yr olds all ready to vote cause it effected there families and I know alot of families that did vote for walker and now are switching there vote because he went to far..! Good for you

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Craig

4:40 pm on Friday, March 30, 2012

Whatt?? I take it you do not value literacy very much.
The under 18 crowd did sign the petitions too.

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Heather in Caledonia

4:43 pm on Friday, March 30, 2012

Dear PJS, I'm assuming you're a product of our excellent public school systems. Please note for the future (when you have to have a job and write correctly) that "there" means a place as in "I want to go over there." The word you should have used is "their" - that means that "they" possess something. Also, there is an apostrophe in "couldnt". The little red squiggly line that appears under words you type in a blog entry mean that the word is spelled incorrectly or is missing punctuation. I suggest that if you want your position to be taken seriously, you pay attention to your writing skills.

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Randy1949

4:52 pm on Friday, March 30, 2012

Now, now, you two. You don't want me to start taking my editorial 'blue pen' to the postings of some of you conservatives, now do you? Because there's plenty of illiteracy to go round.

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Hambone

4:57 pm on Friday, March 30, 2012

Wow Heather, if you had only judged and picked apart walkers character, before he bought his way in to the State Capital, like you do to the people jotting down quick responses on these pages, he never would have gotten into office in the first place. Substance please, not personal attacks. It demeans your position, whatever it may be.

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Heather in Caledonia

5:22 pm on Friday, March 30, 2012

Randy and Hambone,
<Shoot - I had written a response and my kid hit Delete, so I'll have to re-write it.> I'm not saying I never make a mistake - in fact I made one in my initial response. I'm giving constructive criticism to a kid who appears to be trying to get his\her point across and possibly persuade people. I usually skip posts with poor language, but I thought it might be helpful if they realized that people really do judge opinions and ideas by the way they expressed.

If Walker had written something this poor when he was running for governor, I would never have voted for him.

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Randy1949

5:39 pm on Friday, March 30, 2012

@Heather -- I agree that it's important to be as correct as possible to make an intelligent impression. To me honest, I look at a lot of the comments on here and wonder where my property tax dollar has gone. Not to teaching proper language skills, that's for damn sure.

But quite a few people on these pages make grammar and word-choice mistakes. Educated people on both sides of the political aisle.

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Randy1949

2:02 pm on Saturday, March 31, 2012

@Oak Creek Resident -- Your vulgar language to another poster, no matter what his or her political view are, is highly inappropriate.

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James R Hoffa

2:08 pm on Saturday, March 31, 2012

@oak creek resident -

I thought I warned you about personal attacks here - STOP IT!!!

Or, prepare to be visited by some Teamsters for the concrete shoe treatment!

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Heather in Caledonia

2:09 pm on Saturday, March 31, 2012

oak creek resident,
Looks like maybe that touched a nerve? :) Nice response.

Thanks, Randy.

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Randy1949

2:17 pm on Saturday, March 31, 2012

Forget the concrete galoshes, JRH, I flagged it.

David Tatarowicz

5:01 pm on Friday, March 30, 2012

@Heather --- nice points but irrelevant! With or without proper spelling or punctuation, PJS is entitled to express his opinion ......... and many of us have to type out a quick comment, and do not have the luxury of making sure every T is crossed and i is dotted --- I know that I for one am much more concerned that the facts are in order, and on the lookout for Voodoo economics

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Heather in Caledonia

5:24 pm on Friday, March 30, 2012

David, I know that most folks don't type very quickly and don't have time for accuracy. However, if you want to make a point and have someone take you seriously, I think it helps to wait until you do have to think it out and write well. Of course, he\she is entitled to their opinion, but I'm also entitled to mine. :)

Michael

5:18 pm on Friday, March 30, 2012

Heather I'm not sure but I would think that his incorrect spelling and/or punctuation is because maybe he has a voice to text feature on his phone. That wasn't very nice.

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James R Hoffa

5:20 pm on Friday, March 30, 2012

Sad day for America!

So, if the government now has to treat every special interest group equally under our supposed constitution, at least according to this hack masquerading as a federal judge, then when does the KKK, neo-Nazi's, etc get their legislation to counter the affirmative action programs pushed by groups like the NAACP, Rainbow Coalition, etc? Equal protection, right? This guy just said that you can't treat the special interest groups differently! See how dangerous of a precedent this could end up being if it sticks? That is why it won't stick and will get shot down on appeal.

The ruling is a complete joke and the legal analysis conducted by the judge is completely flawed in order to facilitate his pre-disposed leanings on the matter. Fair and impartial my rear-end! This was a blatant distortion of law, order, and justice.

Apparently, the new strategy from the left is to legislate from the bench - what a corruption and perversion of our system and how it was originally intended to work. I hope someone files an ethics charge against this clown! He needs to go NOW!

And this is exactly why we can't afford four more years of Obama people!

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Randy1949

5:50 pm on Friday, March 30, 2012

Please, JRH, as if court rulings haven't gone both ways, beginning with the 2000 SCOTUS decision that stopped the Florida recount and gave us GW Bush for President. And how about that Citizens United decision?

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morninmist

8:51 pm on Friday, March 30, 2012

@Hoffa

My my--your panties are in a tight wad tonight Hoffa!! Only in your far right extreem TeaParty mind are workers are a "special interest group"!! Distraction is a stupid way to argue any point.

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James R Hoffa

9:23 pm on Friday, March 30, 2012

@Randy1949 -

So far, every single trial court level ruling/opinion against Walker's policies has been overturned by a higher court! And there's no doubt that this will be too - it's only a matter of time.

As to the Florida recount, an independent non-partisan review of ballots revealed that GW would have won the election irregardless of any action by the SCOTUS. While the entire FL scene was a mess, HBO's depiction of events in 'Recount' (2008) is hardly what I would call factually accurate.

As to Citizens United, it's the right decision premised upon a faulty/bad piece of legislation (McCain/Feingold).

@morninmist -

What am I distracting from exactly? Public sector unions are in fact some of the biggest and most politically well connected special interest groups in the country - just look at the yearly campaign contribution lists and who always seems to occupy a majority of the top 20 spots. I'll give you a hint - it's not the Koch Bros, not even close!

Good evening fellow Patchers!

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Randy1949

10:11 am on Saturday, March 31, 2012

@JRH -- It depends on whose website you visit. Usually the ones with the more red, white and blue in the banner have Bush still winning, but not always. http://www.factcheck.org/2008/01/the-florida-recount-of-2000/
:
"On the other hand, the study also found that Gore probably would have won, by a range of 42 to 171 votes out of 6 million cast, had there been a broad recount of all disputed ballots statewide. However, Gore never asked for such a recount. The Florida Supreme Court ordered only a recount of so-called "undervotes," about 62,000 ballots where voting machines didn’t detect any vote for a presidential candidate."

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oak creek resident

1:33 pm on Saturday, March 31, 2012

morninmist - those "workers" you talk about are legislating and running the democrats and union activities from Chicago and DC. Don't tell me these are home grown workers from wisconsin. Stop the lies and liberal hate.

LMB52

5:21 pm on Friday, March 30, 2012

Hahahahaha! No fooling, eh? If the 1%'s enforcers can have rights, then their custodians can have them, too. What a great victory for slaves rights, again they will have some of the same rights as the centurions.
What a conundrum for the 1%. They need the cops and politicians to protect their oppression of the middle and lower classes but they can't oppress them without alienating their police muscle. Class warfare takes a nasty turn for the folks in Waukesha

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Michael

5:21 pm on Friday, March 30, 2012

I don't think it's constructive criticism, but rather I think it's more like grumpy pants being grumpy.

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LMB52

5:44 pm on Friday, March 30, 2012

Micheal,
Sesame Street is on tv, it is not real here. This war is 24/7 Wisconsin Badger style against Koch money. w will be looking for a Koch job, soon.

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morninmist

7:41 pm on Friday, March 30, 2012

It's smack down Friday for both smarty pants named Scooter!!

DefeatVos ‏ @DefeatVos
badgerfans4fairplay ‏ @badgerfans4fair
Federal Judge blasts Big Fitz (in fn17) for unconstitutionally trying to "limit speech" of unions. #RecallFitz #WiUnion http://www.wearewisconsin.org/wp-content/uploads/2012/03/Summary_Judgement.pdf

Fed court corrects Scott Fitzgerald: "Suppression of free speech is not...a valid government interest." http://bit.ly/H53oPG #wiunion pg 35
Retweeted by Janet Denison

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James R Hoffa

9:05 pm on Friday, March 30, 2012

@morninmist -

You call something cited in a footnote by a clearly partisan hack judge a "smack down" - if it was such an important point, why didn't the judge put it into the body of his analysis instead of relegating it into a lowly footnote?

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morninmist

8:18 am on Saturday, March 31, 2012

@Hoffa

That all you got Hoffa--crying because Fitz name is in a footnote?? FAIL!!

Leader Fitzgerald is in the body of the ruling on page 35 as my post states.

................
James R Hoffa

9:05 pm on Friday, March 30, 2012

@morninmist -

You call something cited in a footnote by a clearly partisan hack judge a "smack down" - if it was such an important point, why didn't the judge put it into the body of his analysis instead of relegating it into a lowly footnote?

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James R Hoffa

2:32 pm on Saturday, March 31, 2012

@morninmist -

No, it's not - did you even read the pdf you linked to? Here's the entire body of page 35:

"C. Governmental Interest in Selectively Subsidizing Public Unions
In defending against plaintiffs’ First Amendment challenge, defendants exclusively argue that the prohibition on the withholding of union dues from paychecks of general employees does not implicate the First Amendment. Having rejected defendants’ position, the court now must determine whether the State of Wisconsin has demonstrated “a rational basis to justify the ban on . . . payroll deductions” and, if so, whether plaintiffs have advanced evidence of invidious viewpoint discrimination.
Given its position that none is required, the State proffered no justification for the ban on dues deductions from paychecks.17 One might turn to the justification already discussed in the Equal Protection context -- that extending the ban further would result"

So, where exactly is Fitz's name? Oh, that's right, it's in the lowly footnote, just as Hoffa stated.

morninmist - 0
Hoffa - 1

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morninmist

2:43 pm on Saturday, March 31, 2012

You both are right. Scott Fitzgerald is only mentioned in the footnote. But footnotes are highly illustrative of the deceit by Walker and FitzWalkerstan. I am glad you read the long footnote.

Brian Dey

9:01 pm on Friday, March 30, 2012

So Mornimist, I will never have to listen to you complain about corporate money again, such as the Koch Bros., because today's ruling smacks you down on that issue. Money now = freedom of speech.

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James R Hoffa

9:41 pm on Friday, March 30, 2012

HA - only in our dreams Brian, only in our dreams!

Vote for DEY on Tuesday!!!

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Brian Dey

10:34 pm on Friday, March 30, 2012

Hoffa- I know, but one can dream! Thanks for your support. #3 on the ballot!!!

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morninmist

9:12 am on Saturday, March 31, 2012

Well Brian.
In your la la world you can dream anything you want.

But the reality is that Walker and Koch are joined at the hip in vile WI politics. To translate--you will will continue to hear about the Walker and Koch brothers.

StandUp4People ‏ @StandUpWis

#WI needs a Governor that represents #Wisconsin interests--not ALEC's, not Koch Industries' -- but We the People! #WIpolitics
..............................
StandUp4People ‏ @StandUpWis

#WI needs a Governor that represents #Wisconsin interests--not ALEC's, not Koch Industries' -- but We the People! #WIpolitics

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Brian Dey

2:25 pm on Saturday, March 31, 2012

morninmist- You mean, a Governor that protects union interests for a whole bunch of cash come election time. I can read between the lines. ;)

robert heule

9:15 pm on Friday, March 30, 2012

STATE OF WISCONSIN 2013 ASSEMBLY BILL 1 Introduced by the entire membership of the Assembly, cosponsored by the entire membership of the Senate.
An act to amend sec. 990.20 of the statutes relating to an additional state holiday. The people of the State of Wisconsin represented in senate and assembly enact as follows: sec 990.20 of the statutes is amended to read: March 30th Workers Dignity Day. All state and local employees shall be paid their regular wages or salaries. In cases where employees' attendance is necessary to protect the health, safety and welfare of the people, an alternative day shall be given.

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James R Hoffa

9:39 pm on Friday, March 30, 2012

Ummm... I don't mean to sound like an ass here, but don't both the state and federal governments already recognize Labor Day as an official holiday?

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Bob McBride

7:21 am on Saturday, March 31, 2012

No, this is a good idea I think Hoffa. It flies directly in the face of arguments that this recall isn't about a bunch of ticked-off, entitled public workers who've been asked to join the rest of us who've been effected not only by the recession but the increasing influence of a globalized economy and changes in technology. It would be the perfect 1 finger salute from them to us.

Heule's fantasy apparently includes an assembly made up entirely of Democrats as well, so not to worry about something like this actually coming to fruition. But it would be fun to see the Dems introduce something like this and then claim, once again, that they're not subservient to the unions

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Tuco

8:13 am on Saturday, March 31, 2012

So you want to give State employees another paid holiday? No problem....while I'm busy working at my job, I'll just write a check payable to State of Wisconsin for employees paid holiday. Give me a break!

LMB52

11:07 pm on Friday, March 30, 2012

The fact that none of the public employee unions falling into the general category endorsed Walker in the 2010 election and that all of the unions that endorsed Walker fall within the public safety category certainly suggests that unions representing general employees have different viewpoints than those of the unions representing public safety employees. Moreover, Supreme Court jurisprudence and the evidence of record strongly suggests that the exemption of those unions from Act 10’s prohibition on automatic dues deductions enhances the ability of unions representing public safety employees to continue to support this Governor and his party.

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LMB52

11:13 pm on Friday, March 30, 2012

So, anyone who ever had any illusions about who the " public safety" workers served might have been wrong. w exempted them because he needed their nightsticks and mace to maintain order.

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Steve ®

11:37 pm on Friday, March 30, 2012

ha forcing public workers to pay for a corrupt union. And Walker was branded evil for making them pay for their benefits.

The liberals never cease to amaze me.

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morninmist

4:49 am on Saturday, March 31, 2012

@Steve ®

Stop lying.
The dues deductions are voluntary.

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Steve ®

11:37 pm on Friday, March 30, 2012

ha forcing public workers to pay for a corrupt union. And Walker was branded evil for making them pay for their benefits.

The liberals never cease to amaze me.

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James R Hoffa

1:21 pm on Saturday, March 31, 2012

@morninmist -

If the dues deductions were truly voluntary, as you're claiming them to be, then wouldn't there be an opt-in option as opposed to a complex and complicated opt-out process?

You really need to stop living over on the Daily Kos my friend, as it's really starting to effect your deductive skills.

Try again!

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Brian Dey

2:25 pm on Saturday, March 31, 2012

morninmist- If that truly is the cae that it is volunary, there would have been no need to go to court over this. A simple form from the union bank and signed ACH from the member could have solved this. Would have saved the taxpayer's a few dollars as well.

But see, that is where your voluntary deduction ends. If they have a choice, they wouldn't pay it. It will be interesting see what happens at the end of the current contracts.

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Tom Kamenick

2:30 pm on Saturday, March 31, 2012

You're all talking past each other a bit here - there are two separate issues: 1) The ability of willing union members to have their dues deducted from their paychecks; and 2) The ability of the union to force unwilling workers to pay union dues. Act 10 got rid of both of those. This lawsuit only challenged #1.

So the current status of the law, after the injunction goes into effect, is that the union still can't force people to join or pay dues (or "agency fees" they're sometimes called), but people who are members can, if they say choose, voluntarily have their dues deducted from their paychecks.

But because the union's ability to enter a contract calling for automatically withdrawing the dues of ALL members from their paychecks has ended (because they can only contract over base wages now), union members will have to opt in to having their dues withdrawn.

Hope that helps.

upset father

7:28 am on Saturday, March 31, 2012

Steve wouldn't it be great if we became a right to work state . Then they don't have to pay dues to a corrupt union . The only people you would think would have a problem with it are the unions of course , and the lazy loafers that ride on there coworkers coat tails . But unfortunately it would also be the liberals and democrats as well . The same people that say they are for the people .

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mau

8:15 am on Saturday, March 31, 2012

I know I'm not highly intellectual but how can requiring union certification and not having dues check-off (at the expense of the state), be a First Amendment issue.

"The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances."

This is being used as an excuse because the public sector unions were not able to stand on their own. They aren't popular enough and thus have to force the members and state to make them legitimate. Why isn't this an issue with public sector unions? Not all public sector unions have automatic dues check-off and they do quite well.

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Rolando Peabody

8:31 am on Saturday, March 31, 2012

My hope for the economy is that it will recover sufficiently such that "Hoffa" will be able to find a job or at least one that requires more energy and time than the one he currently holds. I am ready to vote in Democrats, Republicans, Whigs, Free Soilers, Communists,.. whatever but I am looking for a break from his tired, mean spirited rants. Can you imagine living within the orbit of such a person? I'll bet his two ex-wives and kids in jail agree.

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Steve ®

10:07 am on Saturday, March 31, 2012

You're tired of mean spirited rants but then you post one.
lol

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James R Hoffa

1:58 pm on Saturday, March 31, 2012

@Rolando -

"... tired, mean spirited rants" and "... two ex-wives and kids in jail...."

REALLY???

As my good friend Steve ® has already pointed out, it would appear that you're an ironically in denial hypocrite, but such is life - it is what we make of it!

BTW - Hoffa has no ex-wives or children to speak of, yet alone any direct family members currently incarcerated. Are such unfounded accusations a part of that infamous liberal strategy known as projecting?

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The Anti-Alinsky

9:40 am on Sunday, April 1, 2012

James R, it is the infamous liberal strategy known as lying.

morninmist

11:02 am on Saturday, March 31, 2012

The TeaGOP can only be trusted to LIE!

http://www.bloomberg.com/news/2012-03-29/republicans-tampered-with-court-audio-in-obama-attack-ad.html

Republicans Tampered With Court Audio in Obama Attack Ad

By Julie Hirschfeld Davis and Greg Stohr - Mar 30, 2012 10:47 AM CT

A Republican Party Internet advertisement altered the audio of U.S. Supreme Court (1000L) oral arguments in an attack on President Barack Obama’s health-care law.

In a web ad circulated this week, the Republican National Committee excerpts the opening seconds of the March 27 presentation by Obama’s top Supreme Court lawyer, Solicitor General Donald Verrilli. In the ad, he is heard struggling for words and twice stopping to drink water. .....

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James R Hoffa

2:01 pm on Saturday, March 31, 2012

@morninmist -

What does this have to do with portions of Act 10 being ruled unconstitutional by a liberal activist hack federal judge?

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morninmist

2:31 pm on Saturday, March 31, 2012

Come on Hoffa
Take a guess!! Connect those dots! I know you can do it correctly. But, I also know it would be difficult for you to actually type it out.

Jason Easley ‏ @politicususa
Scott Walker Tastes Defeat As Part Of Union Busting Bill Gets Struck Down http://www.politicususa.com/walker-union-busting-court/ via @politicususa #wearewi #p2 #p2b #topprog

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The Anti-Alinsky

9:38 am on Sunday, April 1, 2012

In other words James R...

NOTHING!

William

12:23 pm on Saturday, March 31, 2012

"Arguing on the internet is like running in the Special Olympics... Even if you win, you're still retarded."

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James R Hoffa

2:45 pm on Saturday, March 31, 2012

Here's the opening sentence of the judge's opinion:

"With the passage of 2011 Wisconsin Act 10, denominated the “Budget Repair Bill,” the State of Wisconsin took a sweeping right turn from a half century of developments in the rights of its public employees to unionize, collectively bargain and collect union dues.1"

In all honesty, the remainder of the opinion also reads more like a DPW propaganda piece than a federal judicial opinion. I've never seen anything so blatantly partisan coming from a federal court outside the 9th Circuit. Simply amazing. You can tell how the judge is going to rule just by reading the opening sentence.

If this is the kind of fairness and impartiality that we can expect from Obama appointees, then we should all be fearful of what four more years will produce.

This is a warning and a wake up call - Obama and his politically activist judges need to go NOW!!!

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Frances Martin

10:42 am on Sunday, April 1, 2012

Once more, these comments (excepting the ones actually explaining/quoting the decision itself--these are helpful) seem to be mainly folks shouting right past one another-there are actually almost certainly political issues where people on both sides could agree, or at least have a rational discussion, but the minute you start categorizing people (or the judge) as "liberals", "leftties", Tea partiers", or whatever, you lose any ability to persuade.
Wouldn't it be useful if there could be a rational discussion of, say, the statistically undeniable mess our health are system is in, and what could be done to fix it, rather than rant at each other? Or, for that matter, how to help school systems deal with the children who are homeless, living in poverty, or otherwise seriously disadvantaged? Surely there are people out there, somewhere, who think independently, and don't just parrot what their party tells them???

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Brian Dey

11:55 am on Sunday, April 1, 2012

Fran- You are absolutely right. I can start a conversation about the school issues, which actually lead to how do we improve the environment in the Racine area?

We must, and I emphasize must, improve education. It is not a coincidence that as the school district goes, so does the community. Because 27% of our children don't graduate (1 in 2 African Americans), we have more and more people destine to poverty. Let's put that in real numbers. Every year, RUSD is sending out to the world, 405 children who don't have a high school diploma. Because a higher percentage are African-American, with many already coming from poor homes, the inner-city of Racine is growing. Crime rates rise, employers can't find decent employees so they move, and the homeless number grows. It is a vicious cycle.

We can't except excuses from the school district anymore, and the rest of the communites in Unified are also affected. We can't have the leaders of the school district saying that poor people are unteachable. If they throw in the towel, it hurts everyone. We must demand better.

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morninmist

6:36 pm on Sunday, April 1, 2012

Good for Barrett and good to see article about the issues.

Democratic governor candidate Tom Barrett: I would restore labor powers

http://centralwisconsinhub.wausaudailyherald.com/article/20120401/WDH010403/204010445/Democratic-governor-candidate-Tom-Barrett-would-restore-labor-powers?odyssey=mod|mostview

Apr. 1, 2012 |

Newly announced Democratic gubernatorial candidate Tom Barrett said Saturday he will support restoring collective bargaining for thousands of union workers if he beats Gov. Scott Walker in a recall election.

Barrett spoke to reporters before he gave a speech at the Marathon County Democratic Spring Dinner at the Wausau Labor Temple, 318 S. Third St. It was the Milwaukee mayor's first public appearance since he announced Friday his intention to run for governor.

......Barrett said Walker "started a civil war" when he introduced a plan last year to restrict the ability for public unions to collectively bargain. The proposal, included in a budget-repair bill, led to protests in spring 2011 in Madison and recall elections that so far have removed two Republican state senators from office.

"The governor had an opportunity to compromise, and rather than compromise, he wanted to kick the workers to the curb," Barrett said.....

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James R Hoffa

8:27 pm on Sunday, April 1, 2012

Ahh, I see!

So Barrett is going to run on the hypocrite card - I used Walker's tools to balance my budget as mayor of Milwaukee, but if elected governor, the first thing I'll do is take away those same tools from my successor.

That's a bold strategy - I guess we'll see if it pays off for him or not.

WOW - the one thing Barrett had going for him is that he didn't pander to the public sector unions the way Falk did. But, it appears as if he just flushed that card down the toilet!

Message - the DPW is clearly owned by the public sector unions!

Thanks for info morninmist - did you suddenly wake up and change sides or something, or did you honestly see this as good news for the recallers?

EPIC FAIL!!!

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morninmist

6:50 am on Monday, April 2, 2012

Hoffa

You will notice Barrett is attacking Walker-not other Dems. That is good.

Onto the recall election.

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Tom Barrett

6:57 am on Monday, April 2, 2012

Gotta get some distance from Johnny Thomas endorsement and financial support. Time to attack that Dem.

morninmist

6:49 am on Monday, April 2, 2012

Barrett is coming out of the gate strong.

http://elections.wispolitics.com/2012/03/barrett-walker-started-civil-war.html?utm_medium=twitter&utm_source=twitterfeed

Barrett, who on Tuesday seeks to be elected to his third term as Milwaukee’s mayor, told a spring meeting of about 150 Marathon County Democrats at a labor temple in Wausau that Walker was a “divide and conquer” leader who dropped a “bomb” on the state with his successful plan to eliminate collective bargaining for most public workers.

.....

Barrett called Walker a politician interested in “kicking his political enemies when they were down” instead of trying to find solutions to problems.

“We all know what happens when someone drops a bomb. They either obliterate a village or people fight like they have never fought before,” Barrett said. “And that is what happened here in the state of Wisconsin.”

Walker decided rather than focus on jobs, he focused on “ripping this state apart,” Barrett said. “For the first time in my lifetime, we can’t talk politics in this state without getting mad at each other.”

Walker cares only about himself and his “ideological war,” Barrett said, blaming the governor for failing to resolve differences over a new mining law and a venture capital bill. “He cared about going around the country delivering his gospel according to Scott Walker.” ..

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