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Act 10 upheld in its entirety by United States Court of Appeals

by
Attorney General J. B. Van H... (Download MP3)

MADISON, WI  -  A three-judge federal appeals court panel in Chicago has upheld all of Act-10 – the measure which virtually ended collective bargaining for most Wisconsin public employee unions. However, a Dane County court ruling is still in place, which threw out the bargaining changes for local governments and public schools.  A state appellate court is still reviewing that action.

Early last year, Federal Judge William Conley of Madison tossed out parts of the law which barred public employers from withholding union dues from workers’ paychecks. And Conley dropped the requirement that most public unions hold recertification votes every year. But the Chicago appellate judges restored all the actions that Conley threw out. The appellate judges said quote, “We now uphold Act 10 in its entirety.”

Appeals Judge David Hamilton gave a partial dissent. He said the state could not prohibit payroll deductions for union dues as long as police-and-fire unions are exempt from that provision and all others in Act-10. State Attorney General J-B Van Hollen said the appeals court confirmed his contention that Act-10 is constitutional.

Seven public unions – including the state’s largest employee union and the WEAC teachers’ union – filed suit in 2011 to challenge the law’s constitutionality. An attorney for the plaintiffs wanted to further examine the ruling before making a comment.

State Senate Republican Luther Olsen of Ripon said he hoped today’s ruling would encourage the state appeals court to reinstate all of Act-10 as well. The Dane County ruling still required local-and-school employees to pay more toward their retirement and health insurance.

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