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Judge Nullifies Collective Bargaining Changes

Dane County Circuit Judge Maryann Sumi struck down the state Legislature's budget repair bill which eliminated most collective bargaining for most public workers.

 

A Dane County judge today struck down the controversial budget repair bill that eliminated most collective bargaining for most public employees.

Dane County Circuit Judge Maryann Sumi released a 33-page decision Thursday nullifying Act 10, which prompted thousands of protestors to crowd the state Capitol for weeks.

But the decision, posted on The Wheeler Report, will not end the litigation. The state Supreme Court has been asked to consider the case, and state legislators are preparing to re-insert the collective bargaining changes in the state's 2011-13 budget.

At least one legislator — Independent Rep. Bob Ziegelbauer of Manitowoc — is trying to add police, fire and other public safety workers to the collective bargaining changes. They were exempted from the bill proposed by Gov. Scott Walker and approved by Republican senators while their Democratic colleagues fled to Illinois to stall action on the bill. 

JSOnline.com has this report on Sumi's decision.

Sumi ruled that state lawmakers violated the state's Open Meetings laws by failing to properly notice the March 9 vote in the Capitol.

She noted she was not ruling on the merits of the bill. "It is not this court's business to determine whether 2011 Wisconsin Act 10 is good public policy or bad public policy; that is the business of the Legislature.

"It is the court's responsibility, however, to apply the rules of law to the facts before it," Sumi wrote. 

Opponents argued they were not obligated to follow laws that meetings and votes must have a minimum of two hours public notice.

WisPolitics.com quotes Assembly Speaker Jeff Fitzgerald and state Department of Administration Secretary Mike Huebsch as saying they would continue to push for the reforms and were confident they will be implemented. 

"We will continue to pursue legal action with the Supreme Court in an effort to protect middle class jobs and middle class taxpayers,” Huebsch said in a statement.

WEAC President Mary Bell praised Sumi's ruling and urged lawmakers not to re-vote on the changes, which limited union negotiations to only wages capped by the consumer price index. 

"It is not in the best interest of students, schools or Wisconsin’s future to take the voices of educators out of our classrooms," Bell said. "We’ve seen how this issue has polarized our state.”

Related Topics: #wiunion, #wivote, Collective Bargaining, Maryann Sumi, and gov. walker

Molly Wierzbicki

11:03 am on Thursday, May 26, 2011

This is the best news I've heard in months. I will keep my fingers crossed.

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Lynda Ferguson

11:36 am on Thursday, May 26, 2011

This bill was wrong from the get-go.

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Nate

11:43 am on Thursday, May 26, 2011

This was inevitable. Prosser will take care of this hack judge's decision.

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Randy1949

12:04 pm on Thursday, May 26, 2011

Could we possibly be any more transparent, Nate? I'm happy to hear you understand the complex legal issues of proper notification (two hours even under emergency situations), whether or not the situation was indeed emergency, and whether or not the provision was budgetary, much less how Justice Prosser is likely to rule on them.

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ike

12:26 pm on Thursday, May 26, 2011

@Nate - Of course this was inevitable because the meeting was illegal. You treat Prosser like a hero, like you know how he will rule. I predict that he will be very careful before ruling on this one because he knows all eyes are on him.

Now, the question is do they try again to pass this or wait for Supreme Court ruling? They saw what happened the first time they tried to pass it. I'd expect the same response. However, if the Supreme Court rules that the meeting was legal, and the bill becomes law, the decision will come right before July 12 adding fuel to the fire. If they want to temper the flames before the recall elections, they'd be wise to drop this issue.

ChuckMenoFalls

11:44 am on Thursday, May 26, 2011

The only surprise by this ruling is how long Judge Sumi took to issue it. Everyone knows this issue will be decided by the state supreme court.

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The prosser-cuter

1:17 pm on Thursday, May 26, 2011

Expect Lyle's favorite Supreme Court candidate to file legal challenges to the recount tomorrow to further delay Supreme Court action on collective bargaining bill.

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Lyle Ruble

2:22 pm on Thursday, May 26, 2011

@The prosser-cuter...Do you know something the rest of us don't know?

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Nate

6:16 pm on Thursday, May 26, 2011

Oh Prosser, you beat me to the punch too many times.

Nate

1:29 pm on Thursday, May 26, 2011

Is everyone in the GOP mean? Or just the GOP commenters on patch?

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Randy1949

1:56 pm on Thursday, May 26, 2011

Good question, Dave. I've found from my travels all across the net that even at sites where the Left will use stronger language than they do here, it's the Righties who stoop the lowest.

Nate

2:37 pm on Thursday, May 26, 2011

A lot of us elephants are nice people, just a few bad apples such as me like to take out their anger here. The thing is, we can admit it. You donkeys are much too proud , or you can't find anything in your thesaurus to write a novel of about it.

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The prosser-cuter

3:05 pm on Thursday, May 26, 2011

@Lyle - yes - the liberal playbook in action. Use the courts to obstruct!

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free to speak

4:59 pm on Thursday, May 26, 2011

Lyle . . . victim mentality is getting tired.

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Lyle Ruble

5:21 pm on Thursday, May 26, 2011

@free to speak...No victim mentality here, just fact.

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Mark S

6:10 pm on Thursday, May 26, 2011

It's only fact in your mind and others that think exactly like you. You have been told by others and convinced yourself for so long it has, to you, become fact. Stop feeling sorry for yourself and work harder if you feel like you are being so abused. Your a smart man, open your own business and treat your employee's like kings and queens so they can live the good life. Have your wife start her own charter school and produce the finest kids around. Use your wealth of knowledge and show us all how things should be done. Prove to us that your way is the only way to do things. Just let me know how long I have to wait cause the dems plans never have an end, they need more people to be victims and we all know it.

You have an extreme case of victim mentality, but convinced yourself otherwise and back it up by constantly talking in circles.

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Lyle Ruble

7:09 pm on Thursday, May 26, 2011

@Mark S...Sorry, I am not going to start any more new businesses. For thirty years I worked in multinationals and had a number of my own enterprises. I semi-retired 5 years ago and have done some light consulting work. Now I am fully retired to research and writing. As far as unions go, I have set across the negotiating table from them and fully understand how the process works. Unfortunately, I have seen the ugly underbelly of both corporate management and unions. I resigned and took my retirement when my last company president wouldn't take action over a manager abusing her employees. I just got tired of the game and decided to pull the plug. As far as charter schools are concerned, just a bad idea and a waste of money. Also charter schools go against American traditions and long held democratic values.

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Mark S

7:25 pm on Thursday, May 26, 2011

Don't worry Lyle, I know your silly little story. You have seen and done it all and we are so very blessed that you 'research' and write and write and write and write. Keep up the good work.

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Randy1949

8:20 pm on Thursday, May 26, 2011

I don't know, Mark. Some of us prefer actual experience to unsupported opinion.

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Mark S

8:32 pm on Thursday, May 26, 2011

And some of us prefer to learn on our own instead of playing follow the leader. I understand that takes a little more work than most union members are willing to put forth. Maybe you too can do research and writing!!!

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Mark S

9:22 pm on Thursday, May 26, 2011

It's always interesting to see who is doing the teaching. There is certainly a lot of 'learned' behavior here.

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Randy1949

9:55 pm on Thursday, May 26, 2011

Where do you think I learned my 'behavior' from, Mark? You make a lot of assumptions about how much work Lyle and I are willing to do or where we got our experience. You tell Lyle to open his own business and work harder, as if that's something he's never done before and then dismiss him when he recounts his work history.

What have you got, except maybe listening to a lot of Mark Belling?

The prosser-cuter

6:22 pm on Thursday, May 26, 2011

Here is some more fact for you Lyle. Read this excellent article by a retired university professor about how difficult professors and other public sector jobs really have it.

http://www.weeklystandard.com/articles/fat-city_567621.html?page=1

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Nate

6:36 pm on Thursday, May 26, 2011

He won't look at a Weekly Standard article. Would we read the NY Times?

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Lyle Ruble

7:55 pm on Thursday, May 26, 2011

@The prosser-cuter...Thanks for the link. Unfortunately what he is describing is all to true in academic settings. In fact, one can cite these kinds of abuses within all major institutions and bureaucracies. It's not limited to the public sector, it also occurs in the private sector also.

Jay Sykes

8:37 pm on Thursday, May 26, 2011

Everyone should look at the link http://www.thewheelerreport.com/, as noted in the article post above. Numerous press releases from involved parties are linked on the top of the page. Considering that the ruling will be appealed, one would have thought, all of the statements would have had a more factual and less name calling approach.

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The prosser-cuter

8:39 pm on Thursday, May 26, 2011

@Lyle.....Except you don't see many of these bureacracies in the private sector as they would go out of business. Maybe in utilities or industries without competition.

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Lyle Ruble

9:25 pm on Thursday, May 26, 2011

@The prosser-cuter...Wow, there are a boatload of private businesses that have huge bureaucracies that treat they customers unbelievably poorly; starting with insurance companies, healthcare providers, banking, large law firms, utilities, single service providers, etc. Many of these firms treat their employees as nothing more than chattel. Traditionally private firms keep their employees on a short leash and most employees fear for their jobs, so they put up with deplorable working conditions.

The prosser-cuter

11:04 pm on Thursday, May 26, 2011

Lyle, I thought we were talking about private sector companies that had outlandish benefits, perks and basically very little work like the university professor mentioned in the article. I don't see many private sector industries with these abuses.

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Jay Sykes

9:05 am on Friday, May 27, 2011

While one can cite exceptions in the competitive private sector, according to the professor, this is de rigueur behavior at the university level; exceptions are not the rule. Could someone please point me to a competitive private industry where this type a behavior is the norm.

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Randy1949

11:17 pm on Sunday, May 29, 2011

Doctors deserve to be paid well. The responsibilities of their jobs are huge. But how much is well enough? The people who take care of us when we're sick deserve the same, right down to the CNA who empties your bedpan. But I think we're losing too much to excess administrative costs and pure profit.

How do we fix that?

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Randy1949

9:58 am on Monday, May 30, 2011

@Dave M . . . Doctors will probably tell you that the high cost of an office visit is because of high overhead. The only overhead I can think of is the extra clerical staff to fill out all the insurance forms.

I've never had a colonoscopy, so I wouldn't know if anything has changed. Whenever my doctor suggests one I grin and say that being uninsured has caused me many sacrifices but this is one I don't regret. Does a healthy adult with no risk factors really need one?

I've often wondered why forty years ago a week in the hospital didn't bankrupt you, but now it does. It isn't all lining the pockets of the administrators, although I suspect an awful lot of the increase is to make up for bad debt -- those who don't pay at all and insurance plans that remunerate at a low level. Another factor would be the purchase of expensive technology that gets passed on to the cost of a hospital bed.

But seriously, I think a lot of it is going to excess administrative costs and profit in the insurance industry. Take that away -- single payer and universal coverage -- and you save money.

Randy1949

10:39 am on Monday, May 30, 2011

You still need people entering data. With non-standardized forms and different rates of remuneration, that takes extra time. I've done this job.

Yes, I've tried to get an idea of the costs involved with a procedure. Almost 20 years ago and uninsured, I needed some elective surgery. The surgeon's fee was reasonable, I thought, and so was the assistant's. The hospitals were a different matter. The lowest quote I got for a three day stay was $20,000 -- and this was two decades ago. Needless to say, if you're working a low wage job with no insurance benefits, you don't have money like that.

I'm happy to be an informed consumer and to manage costs myself, but I need the tools to do it.

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Bren

4:20 pm on Monday, May 30, 2011

Friends in medicine tell me that patients cancel routine and necessary tests and procedures. Many on meds reduce their intake or have just stop due to cost. Why? Insurance companies. I worked for one during the time Clinton was trying to introduce the idea of universal healthcare (the tried and true system used 'round the world). The medical and pharma industries were against it at the time, but now they support Pres. Obama's ideas (remember Big Pharma alone was willing to invest $2billion). Why? because they're not being paid by the insurance companies.

Consider the amount of time it takes to get a claim paid; and how much you still have to pay. I pay $500/month for insurance with a $9,000 family deductible. I broke my leg; insurance paid nothing and I struggle to pay the bills because I'm paying $500/month for insurance. That's a cracked up system and pure profit for the ins. co. Meanwhile the doctor waits to be paid.

It's classic. The middle man always has his paw out, and in this case, the insurance industry has grown so much in the past 15 years that it's squeezing the life out of suppliers and receivers. People talked about Obama "death panels," but insurance companies are far worse. Someone with a GED and 3 month's training deciding how much chemo or what kind of pain meds you should have.

Consider how businesses could hire more people if they weren't responsible for paying a large portion of employees' health insurance! And everyone would get equal care.

Gregory Kluck

6:54 pm on Monday, May 30, 2011

I would say also that doctors who have access to their own medical equipment and labs, usually charge more because those pieces of equipment are very expensive. I do work for GE medical systems through the company I work at. A hospital can absorb the cost but the clinic on the corner has to get money from patient bills to pay for those. Some savings are evident in lab work though. I know when my doc does blood work, the clinic's lab can do it and doesn't have to send it to a stand alone lab or the hospital.

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Gregory Kluck

10:35 pm on Monday, May 30, 2011

Yes, I should have clarified "corner clinic". My provider is Prohealth, but the doctor i go to has an office in a Prohealth clinic that can handle those tests.

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