Union-busting bill unconstitutional?

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Stu Levitan
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Union-busting bill unconstitutional?

Postby Stu Levitan » Fri Apr 01, 2011 1:39 am

So says amended complaint from Laborers/311/AFSCME. Seems we have a constitutional right to assembly and petition, and "Act 10" imposes severe economic disincentives to doing so. Also, there really was a fiscal impact from the bill, so the quorum standard wasn't met. They can fix the open meetings problem. They can fix the quorum problem. But they can't fix the right to assemble and petition problem, or the equal protection problem in abolishing dues collection.

bdog
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Re: Union-busting bill unconstitutional?

Postby bdog » Fri Apr 01, 2011 5:50 am

Stu Levitan wrote:They can fix the open meetings problem. They can fix the quorum problem. But they can't fix the right to assemble and petition problem, or the equal protection problem in abolishing dues collection.

It's the other way around - the right to assemble and petition "problem" seems laughable.

But you're the lawyer. We'll see.

Crap, just realized it's April 1. You got me - good one.

bdog
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Re: Union-busting bill unconstitutional?

Postby bdog » Sat Apr 19, 2014 7:04 am

Federal appeals court upholds Walker's union law

U.S. District Judge William Conley found the restrictions constitutional in September. A three-judge 7th Circuit Court of Appeals panel affirmed Conley's ruling on Friday, saying the U.S. Constitution doesn't require the state to maintain policies that allow certain associations to thrive.


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