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-   -   Wisconsin anti union law UNCONSTITUTIONAL (https://www.askmehelpdesk.com/showthread.php?t=703248)

  • Sep 19, 2012, 11:18 AM
    excon
    Wisconsin anti union law UNCONSTITUTIONAL
    Hello:

    Didja hear
    ?? Silly Republicans.

    excon
  • Sep 19, 2012, 11:23 AM
    smoothy
    What do you expect from an activist judge that votes for the only president to have visited all 57 states.
  • Sep 19, 2012, 11:45 AM
    tomder55
    The problem was carving out exceptions for police and firefighters. The judge may have a point. I don't think any public service employee should have collective bargaining powers. Guess what.. so did FDR.
  • Sep 19, 2012, 11:47 AM
    speechlesstx
    And you think this will stop at a county judge's court? Silly liberals.
  • Sep 19, 2012, 11:56 AM
    excon
    Quote:

    Originally Posted by speechlesstx View Post
    And you think this will stop at a county judge's court? Silly liberals.

    Hello Steve:

    No, but the reversal will be upheld.. Tom is right.. You can't carve out some unions to save, and destroy all the others... It's called equal protection.. We have a Constitutional Amendment for that.

    excon
  • Sep 19, 2012, 12:02 PM
    speechlesstx
    Quote:

    Originally Posted by excon View Post
    Hello Steve:

    No, but the reversal will be upheld.. Tom is right.. You can't carve out some unions to save, and destroy all the others... It's called equal protection.. We have a Constitutional Amendment for that.

    excon

    I'm no lawyer but it seems to me that if he "overturned the law with regard to city, county and school district workers although not state employees" that he just carved out exceptions.

    You know Wisconsin's Supreme Court has already upheld the law once don't you?
  • Sep 19, 2012, 04:34 PM
    tomder55
    I said he MAY have a point. Needed to look into the ruling a little more .

    Here is what I know...
    A new actuarial report presented at a Milwaukee school board meeting this week shows that the district's post-retirement benefit liability (not including pensions) has dropped by $1.4 billion, or about 50%, thanks to changes made possible by Walker's reforms. The district estimates that raising eligibility for retiree health benefits and redesigning health plans will save $117 million this year alone.
    Next year ,when teachers' contracts expire ,and they will have to start paying half of their pension costs and at least 12% of their health premiums,even greater savings will be realized .

    Here is what else I know ,Supreme Court Judge David Prosser will be the swing vote in the Wisconsin Supreme Court. You remember him... right ? He is part of the state Supreme Court that already held the law constitutional in toto. I'll be surprised if the Supreme Court doesn't dismiss the ruling and add a scoulding to judge Colas.


    But if they do hear the case,one of the things that may influence the Wi. Supreme Court is that Judge Colas wrote in his opinion that "it is undisputed that there is no constitutional right to collective bargaining." Then he concludes that the law violates a right he said earlier does not exist.
    http://www.wispolitics.com/1006/120914mti_v_walker.pdf

    I was incorrect earlier . The judge doesn't use the equal protection clause to differentiate rules between 2 groups of public union employees . No ;he goes further and says that the state is treating union and non-unionized employees differently. (?? )
    Yes ,of course, across the nation there are different rules for unionized employess .How is that even relevant ? Before he dismissed the State's argument ;he recognized that courts usually uphold a "statute challenged on equal protection grounds 'if a rational basis supports the legislative classification.'"

    What Colas is doing is acting as a blocking guard for the unions trying to run out the clock and hoping for a different outcome in the coming election.. He knows his ruling will be overturned .But that isn't the concern. Municipalities across the State are submitting budgets based on the law as it stands. But now there is that uncertainty thingy. Madison teachers want a new contract before the decision is overturned ;and other towns that have projected surpluses due to the law may suddenly find themselve operating in the red .

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