Wisconsin Update: ‘Budget Repair’ bill not in effect, for now
Sumi denied all of the DOJ objections, and ordered the hearing to proceed. It will determine whether Republican legislators violated laws requiring the budget repair bill to be discussed in an open meeting.
Until the hearing is concluded, Sumi has put the bills anti-union measures on hold.
"Based on the briefs of counsel, the uncontroverted testimony, and the evidence received at the March 29, 2011, evidentiary hearing, it is hereby DECLARED that 2011 Wisconsin Act 10 has not been published within the meaning of (state statutes), and is therefore not in effect," said Judge Sumi in here ruling.
Gov. Walker's administration said it would comply with the order, for now, and has halted implementation of the budget repair bill.
Recall campaigns for eight Republican senators in full swing
Wisconsin Democrats say they have enough petition signatures to trigger a recall election of Senator Dan Kapanke, one of eight Senate Republicans targeted over votes to curtail collective bargaining rights for public workers. If approved, it would be just the fifth recall election of a Wisconsin legislator.
Volunteers have gathered more than the 15,588 signatures needed.
Winning the hearts and minds
Rallies are planned across Wisconsin and across the United States for April 4, 2011.This commemorates the day Dr. Martin Luther King Jr. was assassinated. He was killed while in Memphis, TN, where he had gone to stand with sanitation workers demanding their dream: The right to bargain collectively for a voice at work and a better life.
Beginning with worship services over the weekend, and continuing through the week of April 4, unions, people of faith, civil and human rights activists, students and other progressive allies will host a range of community- and workplace-focused actions.
A recent Gallup poll shows nearly half of Americans, 48 percent, say they agree with public-sector unions in these disputes, compared with 38 percent who agree with governors including Gov. Walker. Thirteen percent say they favor neither side or don't have an opinion.
cupe.ca, Fri Apr 1 2011
Collective Bargaining Rights Being Destroyed in Maryland Sparks Protest
Collective Bargaining is the heart of the relationship between the employer and employee. It is considered the legal binding contract between the employer and employee. While many city, state, and federal officials continue efforts to void or violate the collective bargaining agreement which weakens the power of the employees, we have to consider their agenda. Just think we have contracts for the most important parts of our lives such as our mortgage, car payment, life insurance, and etc. Even the people that are trying to ruin collective bargaining have contracts with the position that they hold that dictates their wages, healthcare, and pensions. These people I am referring to are our legislators; they all have a contract with the people that they represent. So why won't they figure out ways to give up or violate their contract before they begin to violate or void the contract with the working men and women in America.
In Anne Arundel County, the County Council voted unanimously to remove a third party arbitrator from binding arbitration and place themselves to be allowed to have the final say. This was determined in the early part of March, with a seven member council which is composed of four republicans and three democrats. This measure was taken although eighty percent of the voters in 2002 voted for a referendum to allow firefighters and police officers to have binding arbitration.
In Baltimore City, the firefighters and police officers have filed a 57 page federal lawsuit against the City of Baltimore. The City of Baltimore has been accused of purposely underfunding the pension system and violating the contractual agreement in the CBA (Collective Bargaining Agreement). The federal lawsuit was filed because of the vote in June 2010 by the Baltimore City Council to change the amount of years that firefighters and police officers must work before retiring, the benefits are changing, and the firefighters and police officers will be obligated to contribute more out of their paycheck to their retirement.
In Montgomery County, County Executive Isiah Leggett has decided to ignore the decision rendered by the third party arbitrator of not changing pension and health care contributions. This clearly violates collective bargaining rights between employer and employee. He still proposes pension cuts and a sizeable cut in county health care contributions.
All of these employees are on the front line. They are all hoping to have their voice lifted because they understand that if their collective bargaining rights are violated today, it is only the beginning. The beginning stages of crippling our middleclass and supporting the attacks on American Workers. These clear violations of collective bargaining rights will only stagnate the economy and destroy the future for young workers. Remember Wisconsin is where the door opened and now it is happening in Democratic states such as Maryland making it imperative for American workers to stand in solidarity. It is imperative that we have strong legislators to speak out on attacks against the middleclass. It is incumbent upon us to protect the future of young workers in America by protecting the standards and quality of life that we are enduring, instead of being passive.
corymccray.com, Fri Apr 1 2011
Workers Occupy Legislature After Bill to Ban Replacement Workers Defeated
Queen's Park - Union members and their supporters are refusing to leave the legislature following the Ontario government's defeat of legislation to ban the use of replacement workers during strikes and lockouts.
The workers and their supporters say they won't leave until they can meet with Premier Dalton McGuinty.
"Dalton McGuinty's failure to ensure second-reading passage of Bill 45 means lengthy labour disputes in this province are doomed to continue as companies refuse to negotiate and continue to operate by using contracted replacement workers," says United Steelworkers' Ontario Director Wayne Fraser, who is leading the sit-in at Queen's Park.
Bill 45, sponsored by MPP France Gélinas (NDP Nickel Belt), would ban the growing practice of hiring replacement workers to avoid collective bargaining.
"The very nature of labour relations is altered by this well-planned and financed practice, and workers and communities suffer as a result," said Fraser. He pointed to the year-long strike against Brazilian mining giant Vale and several multi-year disputes in Toronto, Nanticoke and Brantford, to name a few.
"McGuinty is saying to all of Ontario that workers' right to free and fair collective bargaining is no longer valid. He has set the stage for a Wisconsin-style attack against every unionized worker in Ontario. He needs to tell us why he has chosen insecurity over community-building, and therefore what is he prepared to do to solve these terrible and unnecessary strikes and lockouts.
Fraser said McGuinty is lying when he says his government has restored balance and fairness to Ontario labour relations.
"That is an absolute load of crap," said Fraser. "The truth is that current public policy does not protect citizens, and the state of labour relations in this province has instead forced people into bankruptcy, prompted family breakdown and worse.
"That is why we will not leave this place until there is an obvious and stated commitment to do the right thing."
- 30 -
Contacts:
Wayne Fraser, USW, 416-577-4045;
Pat Van Horne, USW, 613-859-1763.
usw.ca, Fri Mar 31 2011
Gov. Walker will bow to court order, halt implementation of anti-union bill
Last week, the Walker administration stunned the nation by declaring the bill to have the force of law and announcing plans to collect additional pension contributions from state employees-despite a temporary restraining order blocking enactment of the bill. Contrary to popular belief, a bill does not become law in Wisconsin the moment the governor signs it. The legislation is only embued with the force law after it is published through the correct procedural channels.
According to the head of Wisconsin's legislative reference bureau (LRB), a bill becomes law when it is published in the state's official newspaper, the Wisconsin State Journal, by order of the Secretary of State. This has not yet happened. The bill was published on the LRB website, but according to the LRB, that doesn't count.
In These Times, Thurs Mar 31 2011
Byline: Lindsay Beyerstein
Workers Occupy Legislature After Bill to Ban Replacement Workers Defeated
The workers and their supporters say they won't leave until they can meet with Premier Dalton McGuinty.
"Dalton McGuinty's failure to ensure second-reading passage of Bill 45 means lengthy labour disputes in this province are doomed to continue as companies refuse to negotiate and continue to operate by using contracted replacement workers," says United Steelworkers' Ontario Director Wayne Fraser, who is leading the sit-in at Queen's Park.
Bill 45, sponsored by MPP France Gélinas (NDP Nickel Belt), would ban the growing practice of hiring replacement workers to avoid collective bargaining.
"The very nature of labour relations is altered by this well-planned and financed practice, and workers and communities suffer as a result," said Fraser. He pointed to the year-long strike against Brazilian mining giant Vale and several multi-year disputes in Toronto, Nanticoke and Brantford, to name a few.
"McGuinty is saying to all of Ontario that workers' right to free and fair collective bargaining is no longer valid. He has set the stage for a Wisconsin-style attack against every unionized worker in Ontario. He needs to tell us why he has chosen insecurity over community-building, and therefore what is he prepared to do to solve these terrible and unnecessary strikes and lockouts.
Fraser said McGuinty is lying when he says his government has restored balance and fairness to Ontario labour relations.
"That is an absolute load of crap," said Fraser. "The truth is that current public policy does not protect citizens, and the state of labour relations in this province has instead forced people into bankruptcy, prompted family breakdown and worse.
"That is why we will not leave this place until there is an obvious and stated commitment to do the right thing."
- 30 -
Contacts:
Wayne Fraser, USW, 416-577-4045;
Pat Van Horne, USW, 613-859-1763.
USW.ca, Thurs Mar 31 2011
Wis. Judge Says Anti-Worker Law Still Blocked
Dane County Circuit Court Judge Maryann Sumi said the actions of Wisconsin Gov. Scott Walker and his cronies put them "in peril of sanctions" and served to "jeopardize stability of [the] state." Sumi ruled that the temporary restraining order is still in effect and barred any and all implementation of the bill harming Wisconsin families.
The court room was full of twist and turns as Secretary of State Doug La Follette was given the right to independent counsel and it was revealed that the Legislative Reference Bureau was pressured into publishing the law by Sen. Fitzgerald. Testimony will resume Friday when the hearing is scheduled to conclude.
"Gov. Walker seems to think he's a dictator who can ignore the laws of Wisconsin or trample of the rights of our workers in pursuit of his extreme overreach for absolute power," said Phil Neuenfeldt, president of the Wisconsin State AFL-CIO. "By attempting to unilaterally publish a bill and implement it as law in the face of a court order to the contrary shows Walker and his cronies completely unfit to govern the state of Wisconsin."
La Follette explained the situation in detail last night on "The Rachel Maddow Show." Watch it.
AFL-CIO Now Blog, Wed Mar 30 2011
Byline: Tula Connell
New Hampshire workers to rally against collective bargaining limits
"Rally for New Hampshire" is scheduled for noon at the State House Plaza.
Wednesday's vote on House Bill 2 came a day earlier than expected, catching state workers and other advocacy groups off guard.
"Speaker (William) O'Brien purposely moved up votes on the budget, and the union-busting amendment in particular, because he was afraid to face the wrath of thousands of New Hampshire voters who will be on the State House steps ... in vast disapproval of the extreme agenda of the House leadership," said Diana Lacey, president of the State Employees Association.
NH Cares, a statewide network of health and human service providers, trumpeted the rally on its website: "Let's make our voices heard. We care! We count! We matter!"
Anticipating a large crowd, the group provided advice on parking, planning and themes for protesters to stick to if they wanted to make signs or posters.
"People above Politics," "NH Can Do Better," and "Lean, Not Mean" are offered as themes for the rally.
Some organizers say they expect up to 5,000 people to attend.
"Anytime people's human rights are being taken away, people tend to stand up and say no," Bill McQuillen, Portsmouth firefighter, told CNN affiliate WMUR.
Passage of the bill would limit the ability of labor unions representing state workers to collectively bargain on issues like wages, hours, working conditions and benefits.
While the vote has roiled state workers from teachers to firefighters, House Republicans who back the bill say they have their supporters too.
"If you look at my emails, I've got 8-to-1 ... in support of what we're doing here to protect the taxpayers," said Rep. Al Baldasaro from Londonderry, according to WMUR.
Similar efforts by legislatures to change collective bargaining laws in Wisconsin and Ohio have ignited passionate responses. The states' governor and Republican lawmakers have said the changes were needed as they grapple to limit spending.
Demonstrators occupied the Wisconsin capitol building for weeks before the legislature passed a law that curbs the collective bargaining rights of most state employees. A Wisconsin judge has put the law on hold.
On Wednesday, the Ohio state legislature passed its own legislation that would limit collective bargaining rights by barring Ohio's public employees from striking. The bill is now bound for Ohio Gov. John Kasich's desk to be signed into law, possibly this week.
Kasich has argued that Ohio Senate Bill 5 is crucial to closing an $8 billion budget shortfall and bringing public-sector benefits in line with those in the private sector.
CNN U.S., Thurs Mar 31 2011
Byline: Ed Payne
Walker Administration Suspends Implementation Of Anti-Union Law, After Judge's Third Order Against It
WisPolitics reports:
Huebsch again said he believes the act was legally published and is law, but is pulling back given Judge Sumi's order this morning.
"DOA will continue to abide by the court orders, like the department has done all throughout this process," he said.
After Sumi's previous restraining orders against the Secretary of State's office publishing the law -- or the state otherwise implementing it -- state Republican leaders published it in a different state agency, the Legislative Reference Bureau, and claimed that it had now taken effect -- though the LRB itself said the law had not taken effect. Sumi released her amended temporary restraining order Thursday morning, following Huebsch's public statements that Sumi's prior two orders against publication did not apply to his department.
Late Update: The state Democratic Party has released this statement from chairman Mike Tate:
"Perhaps Judge Sumi's third court order was the charm for Scott Walker. We are pleased that Scott Walker has finally recognized that he is not above the rule of law."
talkingpointsmemo.com, Thurs Mar 31 2011
Byline: Eric Kleefeld
Wisconsin Judge Halts Further Implementation Of Union Law
Republican lawmakers pushed through passage of the law earlier this month despite massive protests that drew up to 85,000 people to the state Capitol and a boycott by Democratic state senators. Opponents immediately filed a series of lawsuits that resulted in further chaos that might not end until the state Supreme Court weighs in.
That appeared even more likely after a hearing on Tuesday, when a Dane County judge again ordered the state to put the law on hold while she considers a broader challenge to its legality. She chastised state officials for ignoring her earlier order to halt the law's publication.
"Apparently that language was either misunderstood or ignored, but what I said was the further implementation of (the law) was enjoined," Dane County Circuit Judge Maryann Sumi said during a hearing. "That is what I now want to make crystal clear."
Sumi is set to hear additional arguments Friday on the larger question of whether GOP legislative leaders violated the state's open meetings law during debate on the measure. She also is considering Republican claims that the law technically took effect last weekend after a state agency unexpectedly published it online.
Whether she decides it did or didn't become law on Saturday, the measure's legitimacy will likely be decided by the state Supreme Court, which is already considering whether to take up an appeals court's request to hear the case.
The back and forth amplified the often angry debate between new Gov. Scott Walker, his Republican allies in the Legislature and the state's public sector unions.
Walker and the GOP have aggressively pushed forward their effort to remove the bargaining rights of state workers, using a surprise parliamentary maneuver to break a weeks-long stalemate to get it passed and then finding another route to publish the law after Sumi's order blocked the secretary of state from doing so.
State Department of Justice spokesman Steve Means said the agency continues to believe the law was properly published and is in effect.
Huffington Post, Tues Mar 29 2011
Byline: Todd Richmond
Wisconsin Gov. Scott Walker Thinks He’s Above the Law
Wisconsin Gov. Scott Walker has already proven he doesn't care about the will of his constituents. Now, he thinks he's above the law.
In a late Friday move-so as to get little media attention-Walker defied a court ruling and published the bill killing collective bargaining rights for the public employees. A judge had issued a restraining order on the law, passed by state Assembly and Senate in a set of dirty-trick moves. The restraining order barred its publication, but apparently the rule of law doesn't apply to Walker.
The Wisconsin Law Journal reports that the Republican state senate leadership sees publication of the bill as enacting the law-in short, bypassing due process in the court system.
Republican Senate Majority Leader Scott Fitzgerald, who said he went to the Reference Bureau with the idea, wasted no time in saying that the law's online publication meant it would take effect Saturday. His brother, Assembly Speaker Jeff Fitzgerald, agreed, according to a spokesman.
"It's my opinion it's published, it's on the legislative website, it's law," Scott 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."
Not so, says Dane County Circuit Judge Sarah O'Brien, who refused to take up a request for emergency action made late Friday by the Democratic district attorney, Ismael Ozanne, saying there was no "critical urgency" in her addressing the posting because the temporary restraining order preserves the status quo. She said she didn't know what effect the online posting had, and that the issue could wait until a previously scheduled hearing Tuesday in one of the lawsuits challenging the law's legitimacy.
With residents now calling their state "FitzWalkerstan" because of the Fitzgeralds' close ties to Walker, seems to show again how dictatorships often start with Troikas.
Opposing Views, Mon Mar 28 2011