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State Trying to Stop Collective Bargaining Decision

To avoid confusion on whether or not Act 10 is in effect, J.B. Van Hollen is asking the court for a stay while the case is being appealed.

As expected, Attorney General J.B. Van Hollen Tuesday filed a motion to stay the latest decision about Act 10, the collective bargaining law.

Last Friday, Dane County Circuit Court Judge Juan Colas ruled that parts of Act 10 are unconstitutional because the law violates the guarantee of freedom of speech and citizens' freedom of association. Colas also determined that Act 10 does not offer equal protection under the law because it creates a separate class of state workers.

In his motion to the Dane County Circuit Court, Van Hollen outlines his belief that the decision will be overturned on appeal. Until the appellate court rules, Van Hollen believes a stay is appropriate to avoid any confusion for municipalities and school districts that have negotiated contracts based on the rules of the collective bargaining law.

“Act 10 addressed real and significant financial problems faced by local governments. It makes no sense to force a return to a broken system before the appellate process is completed," he said in a written statement to media.

The decision comes after the Madison teachers union and a Milwaukee city employee union filed suit. Colas' decision comes after US District Judge William Conley upheld parts of Act 10, but also declared portions of the law unconstitutional. In Conley's ruling, he rejected the equal protection argument, but he also ordered that automatic dues withdrawals be reinstated by May 31 because public safety employee unions are not held to the same standards.

After Colas' decision was announced, Gov. Scott Walker issued a statement saying he is confident this latest set-back will be overruled on appeal.

"The people of Wisconsin clearly spoke on June 5," Walker wrote. "Now, they are ready to move on. Sadly a liberal activist judge in Dane County 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."

Greg September 19, 2012 at 07:16 PM
Unless it is Democrat control.
Terry September 20, 2012 at 10:13 AM
I guess it is a question of cynicism Bren. Are the politicians for sale, or is it just that the interests of the financial supporters lie in similar paths. Did the unions buy Baldwins support, or are they supporting here because their interests match? Although I disagree fundamentally with her in almost every issue, I will at least give her the courtesy of assuming that she is a true believer not a pawn. Same with Walker and his supporters. (Thompson I do believe is for sale. Never wanted him to be the nominee) As far as the response; "I don't know which candidates your union is supporting, Terry, but I am certain that they are funding candidates that are best for the union/you", I believe that it shows a fundamental difference in how we view the world. The only one to decide, in my opinion what candidate is best for me... is me. It is a very socialist approach to assume that the union knows better than I do, and will support who they want, even over my objections. Don't worry young man, pappa union knows what is best for you. If the state was doing this, it would be called fascism. When the union does it, well its just good progressive liberalism.
Keith E. Hendrickson September 20, 2012 at 05:02 PM
Funny how the state Supreme Court already said Act 10 was constitutional when they overturned Sumi. We have an activist Judge trying to overturn a already constitutional bill because unions and their sheep like Bren doesn't understand that the taxpayers and supreme court made their case on June 5. You lost, get over it. His ruling is full of crap it will definitely be overturned because the basis of their argument is child's play. By the way, thank Tom Barrett for making Walker a ROCK STAR!
jt September 22, 2012 at 05:35 AM
hoffa, you do realize that to refer to one's self in the third person is the sign of a mental illness don't you? please seek help!
jt September 22, 2012 at 05:40 AM
news flash for all you good folks. obama leads romney by 14 points in wisconsin right now. and walker was called to testify in front of the court in the case of one of his former aids. your cookie is starting to crumble. mostly because of the true colors of the radical tea party!

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