Atlantis Online
March 28, 2024, 08:50:43 am
Welcome, Guest. Please login or register.

Login with username, password and session length
News: Scientists to drill beneath oceans
http://atlantisonline.smfforfree2.com/index.php/topic,8063.0.html
 
  Home Help Arcade Gallery Links Staff List Calendar Login Register  

Wisconsin Union Law Published Despite Court Order

Pages: [1]   Go Down
  Print  
Author Topic: Wisconsin Union Law Published Despite Court Order  (Read 515 times)
0 Members and 33 Guests are viewing this topic.
Austin Heller
Superhero Member
******
Posts: 1213



« on: March 26, 2011, 04:16:19 pm »

Wisconsin Union Law Published Despite Court Order



SCOTT BAUER   03/25/11 09:32 PM

MADISON, Wis. — Wisconsin officials couldn't agree Friday about whether an explosive law taking away nearly all public worker collective bargaining rights was about to take effect after a nonpartisan legislative bureau published it despite a court order blocking implementation.

The head of the Legislative Reference Bureau that made the move, as well as a nonpartisan attorney for the Legislature, said the action was merely procedural. But Republican legislative leaders, who encouraged the bureau's action, insisted it meant law would take effect Saturday.

Gov. Scott Walker's office, meanwhile, would issue only a vague statement saying simply that the administration planned to carry out the law as required.

The move is just the latest in a series of parliamentary and legal maneuvers employed over the past six weeks to enact a bill that prompted Senate Democrats to flee the state to block a vote and brought on waves of Capitol protests that grew larger than 85,000 people as Wisconsin became the center of a national fight over union rights.

Ultimately, the law's fate likely will be up to the state Supreme Court to decide. A state appeals court earlier in the week asked the Supreme Court to take up one of several lawsuits challenging its approval.

The latest chaos began Friday after the Legislative Reference Bureau published the law at 3:15 p.m.

Bureau director Steve Miller said the action doesn't mean the law takes effect Saturday. He says that won't actually happen until Secretary of State Doug La Follette orders the law published in a newspaper, and a judge ordered last week that La Follette not do anything.

"It's not implementation at all," Miller said. "It's simply a matter of forwarding an official copy to the secretary of state."

La Follette, however, said he didn't know what the action means – but he's not doing anything given the court order.


"I think we're going to have to get some legal opinion on this," he said.

A judge last week issued a temporary restraining order blocking any further implementation of the law while the court considers the lawsuits. The order specifically blocked La Follette from publishing the law.

Scott Grosz, a staff attorney for the nonpartisan Legislative Council, agreed with Miller and said the action meets certain obligations under the law, but nothing can happen until La Follette acts.

"And at this time the secretary's actions remain subject to the temporary restraining order," Grosz said in a memo to Democratic Assembly Minority Leader Peter Barca.

Republican Senate Majority Leader Scott Fitzgerald, who said he went to the Reference Bureau with the idea, insisted the action means the law takes effect Saturday.

"It's my opinion it's published, it's on the legislative website, it's law," Fitzgerald said. "It was clear to me after our discussions this morning, if it in fact it is posted and it says published and there's a specific date on it, it would be very hard to argue this was not law."

John Jagler, a spokesman for Republican Assembly Speaker Jeff Fitzgerald, said he also assumed the action means the law takes effect Saturday.

Walker signed the collective bargaining measure March 11 and La Follette had designated Friday as the date of publication. But after the restraining order, La Follette sent a letter to the Reference Bureau saying he was rescinding the publication date.

The Reference Bureau said it's still required to publish every new law within 10 working days after it's signed by the governor, on the date designated by the secretary of state, so it went ahead on Friday.

The Wisconsin Department of Justice issued a statement saying it would evaluate how the publication of the law, which it said was lawful, affects the lawsuit that prompted the restraining order. The bureau's action did not require anything to be done by La Follette and he was not in violation of the court's order, the DOJ statement said.

The statement did not say whether the action means the law takes effect Saturday.

Dane County District Attorney Ismael Ozanne, who filed the lawsuit that led to the order, did not immediately return a message seeking comment.

Ozanne's lawsuit and two others allege lawmakers broke the state open meetings law by hastily calling a special committee meeting to put the bill in a form that the Senate could pass it without the Democrats who'd fled present.

The new law requires nearly all public sector workers, including teachers, to contribute more to their pensions and health insurance, changes that amount to an average 8 percent pay cut. It also strips them of their ability to collectively bargain for anything except wages no higher than inflation.

Union leaders were outraged with the latest twist in the ongoing saga.

"This is another sign that the governor and Legislature are in a desperate power grab to take away the voice of teachers, support staff, nurses, home health care workers and other public employees," said Mary Bell, president of the statewide teachers' union. "These tactics are not in the Wisconsin tradition of open government and do not represent the will of the people."

Marty Beil, executive director of the state's largest public employee union, said he didn't think the action meant the law was going to take effect.

"The problem is they're (Republicans) the dictator here so we have to go into a court of law and reaffirm it," he said. "This is Scott Fitzgerald and Scott Walker's gulag here. It's craziness. These guys are off the wall. They're drunk with some kind of power or misconception of reality."

Phil Neuenfeldt, president of the Wisconsin State AFL-CIO, called the action an "illegal backdoor maneuver."

"This is a dark day for Wisconsin and a travesty to our democracy," he said.

___

Associated Press writer Todd Richmond contributed to this report.
Report Spam   Logged

For a longer term solution to corporations buying our elections, see:  http://www.movetoamend.org

Share on Facebook Share on Twitter

Austin Heller
Superhero Member
******
Posts: 1213



« Reply #1 on: March 26, 2011, 04:18:56 pm »

Scott Walker, and his sidekick Scott P-issgeral­d.
Of such schmu-cks are Koch's made..
Report Spam   Logged

For a longer term solution to corporations buying our elections, see:  http://www.movetoamend.org
Austin Heller
Superhero Member
******
Posts: 1213



« Reply #2 on: March 26, 2011, 04:19:06 pm »

I am a public sector union member and I am smarter and better than you are, so I deserve my exorbitant salary and perks".
Baggers think that's what's at stake here. But if you switch "public sector union member" to read "CEO", suddenly everything is okay.
Report Spam   Logged

For a longer term solution to corporations buying our elections, see:  http://www.movetoamend.org
Rage Against the Machine
Hero Member
*****
Posts: 146



« Reply #3 on: March 27, 2011, 12:40:55 am »

I think I've finally got it:

Governor Walker and his minions ignore the Wisconsin Open Meetings law in order to pass a (likely unconstitu­tional) budget repair law which is later blocked by court order, which Mr Walker et al ignore in order to implement the (likely unconstitu­tional) budget repair law, which he expects everyone to follow.

Obviously.
Report Spam   Logged
Drifter
Superhero Member
******
Posts: 2261



« Reply #4 on: March 27, 2011, 01:16:36 am »

Breaking news------­-““Scott Walker Stamp Issued

The Postal Service created a stamp with a picture of Governor Scott Walker. The stamp was not sticking to envelopes. This enraged the Governor, who demanded a full investigat­­­­­­­­­­­­­­­­i­o­n­­.

After a month of testing, a special Presidenti­­­­­­­­­­­­­­­­a­l commission presented the following findings:

1) The stamp is in perfect order.

2) There is nothing wrong with the applied adhesive.

3) People are spitting on the wrong side
Report Spam   Logged
Luke Hodiak
Superhero Member
******
Posts: 2585



« Reply #5 on: March 27, 2011, 04:15:55 am »

Latest from Wisconsin Republicans: outrage or joke?

by David Waldman




clown shoes
Wisconsin Republicans aren't pulling on their boots and kicking ass. They're wearing clown shoes.

The blogosphere is aflame with the news that Wisconsin's "budget repair" law eliminating collective bargaining rights for public employees has been published, in apparent disregard of a court order.

    In a stunning twist, Gov. Scott Walker's legislation limiting collective bargaining for public workers was published Friday despite a judge's hold on the measure, prompting a dispute over whether it takes effect Saturday.

    The measure was published to the Legislature's website with a footnote that acknowledges the restraining order by a Dane County judge. But the posting says state law "requires the Legislative Reference Bureau to publish every act within 10 working days after its date of enactment."

But how stunning is this twist, exactly? Well, it is pretty stunning, but not for the reasons stated. In all likelihood, the apparent disregard for the court order will turn out to be less bold and unbending than child-like and laughable. Wisconsin Republicans aren't pulling on their boots and kicking ass. They're wearing clown shoes.

Check it out:

    The restraining order was issued against Democratic Secretary of State Doug La Follette. But the bill was published by the reference bureau, which was not named in the restraining order.

    Laws normally take effect a day after they are published, and a top GOP lawmaker said that meant it will become law Saturday. But nonpartisan legislative officials from two agencies, including the one who published the bill, disagreed.

    "I think this is a ministerial act that forwards it to the secretary of state," said Stephen Miller, director of the Legislative Reference Bureau. "I don't think this act makes it become effective. My understanding is that the secretary of state has to publish it in the (official state) newspaper for it to become effective."

What this appears to say is that Wisconsin law requires a very specific kind of publication, in a very specific place, by a very specific person. That is, publication by the Secretary of State in the official state newspaper. "Publication" on the web site of the Legislative Reference Bureau simply doesn't count. As summed up on the Wisconsin blog Illusory Tenant, the move by the state's Republicans is constructively no different than visiting Kinko's. I think that's exactly right.

What's happening here is something I'd liken to when someone says Sarah Palin is a moron, or Andrew Breitbart is a racist and shouldn't be on TV, and they reply that that's a violation of their "right to free speech."

That is, they've read somewhere that they supposedly have such a right, and never bothered to learn that the Constitution guarantees individual rights as against the state, not every other individual or entity in the world. But the part that fits on a bumper sticker says "free speech," so that's that, as far as they're concerned.

Someone in Wisconsin read that the law had to be "published," so as far as they're concerned, any publication will do. Never mind what the law actually requires. Too hard and boring to figure out!

According to reports, the intent of the judge's order is pretty clear:

    "I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10," Sumi said, according to a transcript. "The next step in implementation of that law would be the publication of that law by the secretary of state. He is restrained and enjoined from such publication until further order of this court."

The judge has enjoined "further implementation" of the act, including but not limited to its publication by the secretary of state. Interpreting that should be fairly straightforward. The judge meant for the law to remain in limbo, and preventing publication was just one method of enforcing that order. But as we all know, even a law that's been properly passed, signed and published can still be invalid if the courts say so. The key issue here is that if the bill's passage was procedurally defective because of open meeting requirements as this case contends, then even correct publication isn't going to remedy the defect. It can only succeed in not adding another one. Unfortunately for Wisconsin's clowns, they couldn't even resist the temptation to add another mistake to their mess.

So let me suggest that the proper reaction to this isn't, "Oh my God! Outrage! They're ignoring the law!" We should instead be laughing in their faces. Like the knee-jerk insistence that the First Amendment is violated every time someone says Breitbart is a jerk, this move evidences a child's understanding of the law. It's not that Republicans are screwing everybody by boldly pushing forward in disregard of the law. They're not. They're wearing clown shoes.
http://dailykos.com/story/2011/03/26/960332/-Latest-from-Wisconsin-Republicans:-outrage-or-joke
Report Spam   Logged
Luke Hodiak
Superhero Member
******
Posts: 2585



« Reply #6 on: March 27, 2011, 04:17:40 am »

Wisconsin universities form unions despite Scott Walker's union-busting

by Laura Clawson


Wisconsin protest picture
(Photo source: SEIU)

Wisconsin's workers haven't only fought back with protests and recall efforts. Since Scott Walker began his attack on Wisconsin's public employees, faculty at three University of Wisconsin campuses have voted to join the American Federation of Teachers (AFT).

In February, faculty at the University of Wisconsin-La Crosse voted in favor of the union by a 249-37 margin. March 9, University of Wisconsin-Stout joined the union 196-31. March 24, University of Wisconsin-River Falls, 148-16.

    "What we've seen at UW-River Falls today is an extension of what we've seen across our state since Walker announced his disastrous bill," stated Wes Chapin, a professor of political science and chair of his department.

    (snip)

    According to Prof. Chapin, Gov. Walker's budget repair bill further galvanized the faculty's resolve to form a union. "When it became clear that the governor's extremist legislation had nothing to do with balancing the budget and everything to do with denying workers' rights, UW-River Falls faculty realized the urgency in this vote. Together, we stood up, took notice, and turned out to vote."

It's hard to think of many better ways to throw Walker's assaults on workers back in his face—at least, hard to think of many better ways between now and when he can be defeated at the polls.

http://dailykos.com/story/2011/03/26/960110/-Wisconsin-universities-form-unions-despite-Scott-Walkers-union-busting
Report Spam   Logged
Volitzer
Superhero Member
******
Posts: 11110



« Reply #7 on: March 28, 2011, 03:00:27 pm »

The Globalists are rearing their ugly heads and going for broke.
Report Spam   Logged
Boa Constrictor
New Member
**
Posts: 1



« Reply #8 on: March 28, 2011, 06:03:05 pm »

Day of reckoning coming between the American people and the damned, low-life, thieving republican party.
Report Spam   Logged
Pages: [1]   Go Up
  Print  
 
Jump to:  

Powered by EzPortal
Bookmark this site! | Upgrade This Forum
SMF For Free - Create your own Forum
Powered by SMF | SMF © 2016, Simple Machines
Privacy Policy