Judge in WI federal lawsuit against Walker appointed by Obama

[RhodaA]

This is a more thorough article than the on the front page.

Unions file suit to halt collective bargaining legislation

One day after the Wisconsin Supreme Court ordered the reinstatement of collective-bargaining legislation that potentially affects thousands of public-sector employees, a coalition of unions filed suit in federal court seeking to block it.

The Wisconsin State AFL-CIO on Wednesday joined a number of other unions seeking to halt Gov. Scott Walker's controversial collective bargaining legislation.

In a statement, the groups said they filed the suit because the collective-bargaining legislation "denies hundreds of thousands of public employees their right to collectively bargain for a better life. The groups challenge the constitutionality of the state’s Budget Repair Bill which would destroy collective bargaining rights for all but a select group of public sector workers."

The suit, filed in the Western District of Wisconsin, says the legislation violates the 1st and 14th amendments "by stripping away basic rights to bargain, organize and associate for the purpose of engaging in union activity, which have been in place for the last half century."

The case was assigned to Federal Judge William M. Conley. Conley is an appointee of President Barack Obama.

The unions are asking the federal court to prevent the Walker administration from implementing the legislaton, either on a temporary or permanent basis. And they are asking the court to find the legislation unconstitutional.

More:
http://www.jsonline.com/blogs/news/123934004.html

[Abq_Sarah]

1. Unconstitutional?

I'm pretty sure Congress would have to pass legislation restricting the ability states have to determine how public sector unions operate in each state.

[RhodaA]

3. From a March 31 federal ruling:

This is a different kind of case, but they're both filed in federal court, and the underlying constitutional principles are the same (I think).

A Chicago Federal Judge has ruled that state legislatures do not have the authority to limit collective bargaining rights granted by Federal law.

Last Thursday, March 31, 2011, a federal judge overturned laws enacted last year by the Illinois State Legislature which benefit the trade show and convention industries.

The suit was filed by the Teamsters Local 727 against The Metropolitan Pier and Exposition Authority.

The Illinois judge in this case, Ronald Guzman, held that:

a) collective bargaining rights cannot be overturned by governmental edict;
b) the National Labor Relations Act preempts the Legislature from dictating terms for unions.

Marvin Gittler was the attorney representing Local 727 of the Teamsters.

http://www.dailykos.com/story/2011/04/03/963023/-Fed-Judge:-State-Legislatures-Dont-Have-Authority-To-Limit-Collective-Bargaining-Rights-%28Update-3%29?detail=hide

[Abq_Sarah]

7. The National Labor Relations Act

Is still in force as far as I know and it doesn't cover state or local public employees.

From what I understand, the union workers involved in the MPEA lawsuit were privately employed union members. In that case, the NLRA does apply to them.

[Skidmore]

2. So?

Are you suggesting that the President called the judge up and told him to render the decision he handed down? Other than trying to insinuate that, there is no other purpose than stressing that appointment information. I would be more interested in seeing the judge's reasoning for his decision.

[PeaceNikki]

4. The suit was just filed today, no decision made yet.

[RhodaA]

5. It means he's not a Clarence Thomas (or Scalia, Alito, et al.)

I shouldn't even have to write that.

[mysuzuki2]

6. I'm not sure that this will go very far

how could a federal judge rule that state and local employees have full collective bargaining rights when the federal government does not give those rights to its own employees? Currently, federal employees can only bargain on working conditions, not pay or most benefits.