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Wisconsin Anti-Worker Law Struck Down

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In addition, the governor may unilaterally declare "state of emergency" authority to fire striking workers. Under the section titled "Discharge of State Employees:"

He "may issue an executive order declaring a state of emergency for the state or any portion of the state if he or she determines that an emergency resulting from a disaster or imminent threat of a disaster exists."

In other words, he can unilaterally do what he wants. Public worker rights and job security are null and void.

Walker's bill was old-fashioned union busting. State and local governments were prohibited from bargaining with public workers on anything besides cost of living pay adjustments. Healthcare, pensions, workplace safety, and other issues were off limits. 

Brazen politicians and corrupt union bosses conspire regularly to sell out rank-and-file members for benefits they derive at their expense. 

It's commonplace across America. Chicago is its latest epicenter. Teachers hoped to save public education, their jobs, rights, and futures for city kids. School authorities and union bosses sold them out. Rank-and-file members lost out to bottom line priorities mattering most.

What happened in Wisconsin in May 2011 repeated in new form. On September 14, the Milwaukee Journal Sentinel headlined "Judge throws out Walker's union bargaining law," saying:

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Dane County Judge Juan Colas returned his law "to its status before" enactment in March 2011. He ruled it violated constitutional free speech, association, and equal representation rights. It did so by capping worker raises but not those of nonunion counterparts.

He also said it violated Wisconsin's "home rule" law. It did so by illegally setting Milwaukee's pension contributions. City authorities alone have that authority in negotiations with workers.

In his ruling, Judge Colas 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."

He also said the law violates the equal protection clause by creating separate classes of workers who are treated differently and unequally.

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His ruling applies to all affected public workers. They include teachers as well as city and county employees. Excluded are state ones. 

They weren't party to the lawsuit. Unions representing Madison teachers and Milwaukee public workers filed it.

Walker said said he'll immediately appeal. He called Judge Colas 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."

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I was born in 1934, am a retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.

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