Law & Courts News in Brief

Judge Invalidates Most of Wis. Anti-Union Law

By Mark Walsh — September 25, 2012 1 min read
  • Save to favorites
  • Print

A state judge has struck down key provisions of the 2011 Wisconsin law that curtailed the collective bargaining rights of teachers and other public employees.

Judge Juan B. Colas of Dane County Circuit Court in Madison ruled Sept. 14 that the anti-union law championed by Republican Gov. Scott Walker violates public employees’ rights to free speech and association under the state and federal constitutions. The law was passed amid a tumultuous legislative special session, and unions later helped force a recall election for Mr. Walker, which the governor survived.

In response, a union that represents about 100,000 employees in Milwaukee County, the Milwaukee public schools, the city of Milwaukee and other municipalities sent letters last week requesting negotiations on new contracts, the Associated Press reported. Some local affiliates of the Wisconsin Education Association Council, the state’s largest teachers’ union, have also begun the process of asking their districts to return to the bargaining table.

The state judge ruled in a challenge brought by Madison Teachers Inc., an affiliate of the National Education Association representing teachers and other school employees in the Madison district, as well as by a Milwaukee municipal employees’ union.

The unions challenged the key provisions of the Wisconsin law, such as ones that prohibit municipal and school employers from offering union-represented workers a base wage increase greater than the cost of living, bargaining on issues other than wages, entering into “fair share” agreements covering employees who refuse to join the union, and deducting union dues from government paychecks.

The lawsuit also challenged the statute’s annual-recertification procedures for the unions.

Judge Colas ruled that the law’s provisions burden the rights to free speech and association of the unions and their members.

Gov. Walker, in a statement, said the people of Wisconsin “clearly spoke” on June 5, the date of his recall-election victory, but “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.”

Related Tags:

A version of this article appeared in the September 26, 2012 edition of Education Week as Judge Invalidates Most of Wis. Anti-Union Law

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
(Re)Focus on Dyslexia: Moving Beyond Diagnosis & Toward Transformation
Move beyond dyslexia diagnoses & focus on effective literacy instruction for ALL students. Join us to learn research-based strategies that benefit learners in PreK-8.
Content provided by EPS Learning
Classroom Technology Live Online Discussion A Seat at the Table: Is AI Out to Take Your Job or Help You Do It Better?
With all of the uncertainty K-12 educators have around what AI means might mean for the future, how can the field best prepare young people for an AI-powered future?
Special Education K-12 Essentials Forum Understanding Learning Differences
Join this free virtual event for insights that will help educators better understand and support students with learning differences.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts A School Board Tried to Make Public Comments Civil. It Went Too Far, Court Says
The rules blocked protected speech or were inconsistently applied, judges say.
4 min read
Law themed still life featuring Themis statue, judge gavel and scale of justice in a law library.
iStock / Getty Images
Law & Courts Two Notable Education Cases the Supreme Court Declined to Take Up This Term
The justices turned away cases on public aid to nonpublic schools and the 2021 controversy over school board protests.
4 min read
Visitors take photographs of the U.S. Supreme Court on June 18, 2024, in Washington.
Visitors take photographs of the U.S. Supreme Court on June 18, 2024, in Washington.
Jose Luis Magana/AP
Law & Courts What's Ahead for Education This Supreme Court Term? Trans Rights, E-Rate, and More
The justices have one major case on transgender medical care on their docket and others pending on gender-identity issues in schools.
10 min read
The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
Jacquelyn Martin/AP
Law & Courts Biden Administration Asks Supreme Court to Spare Huge E-Rate Funding Source
A lower court ruling has jeopardized more than $2 billion in annual funding for internet connectivity for schools and libraries.
3 min read
FILE - The Supreme Court is seen under stormy skies in Washington, June 20, 2019. In the coming days, the Supreme Court will confront a perfect storm mostly of its own making, a trio of decisions stemming directly from the Jan. 6, 2021 attack on the U.S. Capitol. (AP Photo/J. Scott Applewhite, File)
The Biden administration has asked the U.S. Supreme Court—shown here in June 2019—to reinstate a funding mechanism that distributes $2 billion annually for the E-rate program that supports internet connectivity in schools and libraries. A federal appeals court ruled that the mechanism was unconstitutional in July.
J. Scott Applewhite/AP