Two unions asked a Dane County Circuit Court to declare unconstitutional the controversial state law that erased most Wisconsin public employee collective bargaining rights.
Approval of the bill, or Act 10, is at the heart of the recall movement underway against Gov. Scott Walker, State Senate Majority Leader Scott Fitzgerald, and three other Republican Senators.
Below is the text of a news release about the court action issued by Lester Pines, lead attorney; a link to the Journal Sentinel's story from Monday evening is here.
November 29, 2011
Madison Teachers, Inc. (MTI) and Public Employees Local 61, AFL-CIO (Local 61) from Milwaukee today asked the Dane County circuit court to rule that Governor Scott Walker’s effort to gut the collective bargaining rights of municipal and school district employees violates the Wisconsin Constitution.
A copy of the filing is attached.
Today’s submission specifies how the law, known as Act 10, violates various provisions of the state’s constitution. It details how Act 10 violates municipal and school district employees’ rights to freedom of association and equal protection of the laws as guaranteed by Articles 1, 3, & 4 of the Wisconsin Constitution.
It also explains that the legislature passed Act 10 in violation of the Constitution’s limitation on special sessions of the legislature found in Article VI, Section 11 and overreached its authority under the Milwaukee Home Rule provisions in Article III, Section 11(1).
“Governor Walker’s attack on public employees was rushed through the Legislature without any consideration of the ways that Wisconsin’s Constitution protects the rights of all of Wisconsin’s citizens,” said Lester Pines, MTI’s attorney. “We are confident that Wisconsin’s courts will enforce those protections.”
Attorney Nick Padway, who represents Local 61, said: “Act 10 specifically violates that part of Wisconsin’s Constitution which allows the City of Milwaukee to set its own rules for how it wants to treat its employees. The Legislature had no business interfering with the City of Milwaukee’s decisions.”
The State has thirty days to respond to the unions’ motion.
For further information, contact:
Attorney Lester Pines