New Hope For Wisconsin's Organized Labor
Dane County Judge Jacob Frost breathed new hope into Wisconsin’s public sector unions and took aim at the biggest zombie remaining from Scott Walker’s administration: he struck down the portions of Act 10 prohibiting most public sector unions from collectively bargaining. Act 10 drew a distinction between public workers as “protective class” and “general” employees.
Broadly, this means most cops and firefighters have the right to collectively bargain for the usual wages, benefits, vacations, and other perks. Most other public sector workers do not. Every year, unions must recertify with 51% of all covered workers voting to recertify: not just the number of voters, but the number of workers.
If a union has 99 workers in it, and there’s one worker out sick, and the vote ends of 49-49, the vote fails and the union is decertified.
Interestingly, diving an inch under the surface, agencies like Capitol Police, State Fair Police, correctional officers, or DNR wardens are not considered “protective class.” It doesn’t pass the smell test and reeks of a political bribe.
Frost cited the Equal Protection Clause in the Wisconsin Constitution as his basis in striking down the law. A lawsuit in 2014 that reached the 7th Circuit Court of Appeals found that the law did not violate the Equal Protection Clause of the U.S. Constitution. This may reduce the possibility of Federal Court hearing an appeal if it remains a state issue.
An anti-Act 10 protest in February 2011. Photo credit: AP
The Wisconsin legislature has already appealed the ruling to the Wisconsin Court of Appeals. Regardless of the way the Court of Appeals rules, it will almost certainly go to the Wisconsin State Supreme Court. With a narrow 4-3 liberal majority, April’s contest between Judge Susan Crawford and Brad Schimel takes on new meaning as liberal justice Ann Walsh Bradley retiring. Schimel, a partisan Republican and former Attorney General, would reverse the Frost’s ruling.
To donate to Crawford’s campaign, click here.
There are other wrinkles in the Court, of course. Conservative justice Brian Hagedorn, Walker’s chief legal counsel who helped draft Act 10, refused to promise to recuse himself should Act 10 come before the Court. Liberal Justice Janet Protasiewicz, who signed the Walker recall petition and believes that Act 10 is unconstitutional, has said that she would “consider” recusing herself.
Judge Crawford and Brad Schimel. Photos from campaign sites
Scott Walker, ALEC, the Koch Brothers, and all the other right-wing boogeymen repealed collective bargaining in Wisconsin to send a simple message to labor: we killed your rights where it was born. Nowhere is safe.
Come April, for the second springtime in as many years, the People of Wisconsin can send a similar message: We’re not done yet.