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Collective Bargaining Law Upheld by Federal Appeals Court

Act 10, which essentially stripped public unions of their ability to bargain, was ruled constitutional on Friday in a federal appeals court.

The controversial state law that curtails collective bargaining for most public employees was upheld by a federal appeals court Friday.

In ruling that Act 10 is constitutional, the 7th Circuit Court of Appeals said the state had a rational reason for rolling back collective bargaining rights, and rejected arguments from public employees unions that they violated First Amendment rights, WisPolitics.com reported.

The court overturned a decision by a federal judge last year that struck down parts of the law dealing with prohibitions on government employers withholding union dues from workers' payrolls and a section requiring labor unions to vote to re-certify yearly, the Journal Sentinel reported.

A separate case challenging the law remains ongoing at the state level.

Friday's decision was praised by Gov. Scott Walker, who introduced the legislation as part of his budget repair bill in 2011. 

As we've said all along, Act 10 is constitutional. 

Today’s court ruling is a victory for Wisconsin taxpayers. The provisions contained in Act 10, which have been upheld in federal court, were vital in balancing Wisconsin’s $3.6 billion budget deficit without increasing taxes, without massive public employee layoffs, and without cuts to programs like Medicaid.  With this ruling behind us, we can now focus on the next state budget, which will invest in priorities to move our state forward.

State Attorney General J.B. Van Hollen also applauded the ruling:

For nearly two years, those opposing Act 10 have tried every angle to have it struck down and invalidated. Today’s decision by the Seventh Circuit confirms what I have stated from the beginning. Act 10 is constitutional.  While there are no guarantees, it is my hope that this decision will pave the way for resolving any remaining challenges in a manner that supports the legislative decisions made by our elected officials.

Mike Tate, chair of the Wisconsin Democratic Party, said:

We continue to believe that Scott Walker’s Act 10 is divisive, harmful and polarizing policy that sought to reward Walker’s political allies at the expense of working Wisconsin families.

Even the federal appeals court that today upheld Act 10 on narrow legal grounds noted that the principal provisions of Act 10 fit the description of legislation that 'rewards friends and punishes opponents.'

Patch will continue to get reaction about this topic from a variety of sources and update the story throughout the day, so please check back.

Tansandy January 20, 2013 at 12:30 PM
"And what was more "strong arm" than passing this law in the dead of night, behind closed doors, without due process?" Are you referring to the wicked witch from the west, Nancy Pelosi and the Obama care bill signed in the dead of night before most could read or understand it????? Talk about selective outrage. But then again you're liberal, what else should I expect!
scot January 20, 2013 at 01:00 PM
Are you an Ass or what. Go back to your tanning bed or is it the Turd bucket in which your name came about. bitch
The Anti-Alinsky January 21, 2013 at 12:40 AM
I posted this yesterday, but it is still pending for some reason: kate wrote: " And what was more "strong arm" than passing this law in the dead of night, behind closed doors, without due process?" Actually kate, that was two years earlier with the Democratic controlled Assembly and Senate.
The Anti-Alinsky January 21, 2013 at 09:26 PM
John Wilson wrote: “The Department of Numbers is a government agency under United States Department of Labor [BLS] Bureau of Labor Statistics.” If so it raises a number of questions Johnny: 1) Why does the address end in .com instead of .gov? 2) Why are they using third-party advertising to raise revenue? 3) Why is there no direct link to the Bureau of Labor Statistics? 4) Why does a site search on bls.gov provide no mention of a Department of Numbers. 5) How come a gentleman named Ben Engebreth maintains the site with no mention of even a sponsorship from the BLS and mentioned directly on his own site: http://www.benengebreth.org/ ?
John Wilson January 22, 2013 at 02:51 AM
Keith Best - You would also get on with the NEW BIOLOGY/SCIENCE PROGRAM OF WALKER TOO; you know, where our children are taught that babies are delivered to your house by the stork! You do not have a CHOICE there, but you BELIEVE that is how babies come into the world, so, no problem there...

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