Federal court strikes down parts of Act 10

 

A federal judge in Madison on Friday ruled that portions of Act 10 - which removed most collective bargaining for most public employees - are unconstitutional.

Seven major unions had challenged the fact that Act 10 dramatically narrowed what could be bargained by general employee unions, and required those unions to recertify every year, by an absolute majority union while denying the same unions voluntary union dues deductions for payrolls.

The court side with state officials in upholding limitations on what can be bargained, but found the two other provisions violated the union members' First Amendment rights, considering that the same rules did not apply to unions for public safety workers such as police and firefighters.

"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," wrote U.S. District Judge William M. Conley.

Conley - formerly a partner at the Foley & Lardner in Madison -- was appointed to the federal bench by President Barack Obama in 2009 and confirmed by the Senate in 2010.

The plaintiff unions challenged three specific provisions of Act 10:

- Restricting the subject of "general employee" unions' collective bargaining to base wages only, and prohibiting fair-share agreements by which non-union members pay the unions for the benefits won through the unions' efforts.

- Requiring annual re-certification of general employee unions by an absolute majority of all employees in the bargaining unit.

- Prohibiting the automatic deduction of dues and fair-share payments from payroll checks of general employees.

The unions argued all three provisions violated the equal protection clause, and the that the ban on automatic dues deduction hampered the workers First Amendment rights.

But Conley found the unions failed to show that the first restriction on broader collective bargaining in place for public safety employees bears no rational relationship to the government's interest in avoiding strikes by those workers.

The fact that those same employees' unions supported Gov. Scott Walker may make the rules look like political favoritism, but Conley said even if it is, it's not enough to make the court use a stricter standard of review.

However, Conley found that the two other changes - annual recertification and a ban on automatic dues deduction - violated the First Amendment rights of the affected workers.

"The court would be remiss not to at least note the likely burden the annual recertification process imposes on the members' speech and association rights," he wrote.

The state's justification for allowing greater bargaining by public safety workers - avoidance of strikes - does not stand up as a rational basis for requiring other public worker unions to annually recertify by absolute majority, and denying them automatic dues deductions, the court said.

Automatic dues deductions for general employee unions should start again at the end of May - barring appeals or higher court rulings that would block or postpone Conley's order.

The court's order came just hours after state election officials ordered a recall election for Walker. That recall effort was sparked by the governor's bill on collective bargaining.

"Wisconsin citizens have long known Gov. Walker's attack on workers was not honest and today's court ruling shows his attack was not legal," said a statement from former Dane County Executive Kathleen Falk, a Democrat running against Walker.

"Gov. Walker tore Wisconsin apart and his way has failed us. As governor, I will restore transparency, accountability and honesty to the governor's office and bring Wisconsin together."

Walker's office had no immediate reaction.

Attorney General J.B. Van Hollen said the ruling may give "unions more power over their members," but won't benefit public employees.

"This case started as a broad attack on all union-related aspects of Act 10," he said. "Plaintiffs have failed on all but two issues. If the ruling stands, unions representing non-'public safety employees' will no longer have to demonstrate member support through annual recertification and will have greater ability to take money out of employees' paychecks."

Van Hollen said he is confident the state would prevail if it chooses to appeal Conley's decision.

 

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The Wisconsin Law Enforcement Association (WLEA) was created in 2005 to represent the Law Enforcement bargaining unit in the State of Wisconsin. Since the WLEA has been in existence, WLEA has successfully negotiated three contracts with the State of Wisconsin.

The WLEA membership consists of Police Officers, Detectives, and Police Communication Operators (PCOs) from the University of Wisconsin System Schools and the Capitol Police Department. It also includes Troopers, Inspectors, and PCOs from the Wisconsin State Patrol (WSP) and Field Agents from the Wisconsin Department of Motor Vehicles (DMV).

The WLEA is divided into three local unions. Local 1 represents the WSP. Local 2 represents the UW and Capitol Police Departments. Local 3 represents the DMV Field Agents.

The WLEA is devoted to fighting for the rights of the employees which it represents. If you have questions or concerns, please contact your local representative.

Please use this website as the resource it is intended for its membership. We encourage constructive feedback being presented to better the website and our service to the members as a whole.

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Important Links:

2011-2013 Compensation Plan - JCOER (PDF File - 184 Pages)
Compensation Plan - Summary of Changes
OSER Contract Migration for WLEA (LOCALS 2 & 3 ONLY) (Effective 1/1/2012)
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