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WI - Unions file suit to halt collective bargaining legislation (in Federal Court)
Milwaukee Journal-Sentinal ^ | 6/15/11 | Don Walker

Posted on 06/15/2011 1:33:34 PM PDT by Jean S

Madison - 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.

The groups include the American Federation of State, County and Municipal Employees (AFSCME) Council 24, AFSCME Council 40, AFSCME Council 48, the American Federation of Teachers (AFT), the Wisconsin Education Association Council (WEAC), the Wisconsin State Employees Union, The Wisconsin State AFL-CIO and the Service Emplloyees International Union – Health Care Wisconsin (SEIU).

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

(Excerpt) Read more at jsonline.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; US: Wisconsin
KEYWORDS: aflcio; afscme; aft; budget; conley; corruption; democratcorruption; democrats; holder; liberalfascism; nlrb; obama; seiu; tyranny; unioncorruption; unions; unionthugs; weac; wi; williamconley; williammconley; wisconsin; wisconsinshowdown; wseu
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1 posted on 06/15/2011 1:33:40 PM PDT by Jean S
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To: Jean S

Uh, this won’t fly. The feds can’t interfere with states internal government...............


2 posted on 06/15/2011 1:36:04 PM PDT by Red Badger (Nothing is a 'right' if someone has to give it to you................)
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To: Jean S

These maniacs never give up until they find someone that is as rotten as them to rule in their favor. Same way with the recounts, they never give up until they are able to mfg the number of ballots needed to win.

The rule of law means nothing in the United States any longer.


3 posted on 06/15/2011 1:36:36 PM PDT by Outlaw Woman ("...; because thou hast rejected knowledge, I will also reject thee,... "Hosea 4:6)
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To: Jean S

The unions are all-in now.


4 posted on 06/15/2011 1:36:44 PM PDT by Free Vulcan (Vote Republican! You can vote Democrat when you're dead.)
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To: Red Badger

>>The feds can’t interfere with states internal government...<<

I agree. Must be a publicity stunt.


5 posted on 06/15/2011 1:37:10 PM PDT by RobRoy (The US today: Revelation 18:4)
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To: Jean S

Worth watching . It will be interesting to see if they can find a District judge to agree the power of public employees to collectively bargain every aspect of their employment is a fundamental right. It should be big news to the Federal employees who do not have that power.


6 posted on 06/15/2011 1:38:05 PM PDT by kbennkc (For those who have fought for it, freedom has a flavor the protected will never know.)
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To: Jean S
I love the smell of unions burning their members' union dues in the morning.
7 posted on 06/15/2011 1:38:08 PM PDT by E. Pluribus Unum (If Sarah Palin really was unelectable, state-run media would be begging the GOP to nominate her.)
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To: Jean S

>>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.”<<

This is comical! :-D

What about all the right to work states? ;-)


8 posted on 06/15/2011 1:38:25 PM PDT by RobRoy (The US today: Revelation 18:4)
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To: Jean S
Uhh, only one problem with that is that courts have ruled long before that it is a state issue (or else no right to work states would exist). They are really grasping at straws with this one, the best they can hope for is some ultra liberal Obama appointee issues a stay that delays the law a couple weeks before a higher court smacks it down.
9 posted on 06/15/2011 1:38:36 PM PDT by apillar
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To: Jean S

You can personally bargain for a better life. Called FINDING ANOTHER POSITION OUTSIDE STATE WORK


10 posted on 06/15/2011 1:38:36 PM PDT by smith288 (Peace at all costs gives you tyranny free of charge)
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To: Red Badger

Perhaps you remember the 2000 election?


11 posted on 06/15/2011 1:40:57 PM PDT by SwankyC
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To: Red Badger
The feds can’t interfere with states internal government...............

Pardon me while I laugh so hard I cough up a lung. They've been doing exactly that for over 65 years.

12 posted on 06/15/2011 1:41:00 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Jean S

Judge William M. Conley, Appointed March 25, 2010 by Barack Obama.

Any bets which way he’ll rule? Didn’t think so. This too will be heading to the SCOTUS.


13 posted on 06/15/2011 1:42:07 PM PDT by Tatze (I reject your reality and substitute my own!)
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To: Lurker

Judge Conley is Obama appointee.


14 posted on 06/15/2011 1:42:38 PM PDT by pogeybait
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To: Lurker

Judge Conley is Obama appointee.


15 posted on 06/15/2011 1:42:53 PM PDT by pogeybait
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To: Red Badger
Uh, this won’t fly. The feds can’t interfere with states internal government

Hahaha, you're funny! But...

"...denies hundreds of thousands of public employees their right to collectively bargain for a better life..."

There's no way the court is going to say they're right because it would effectively establish a minimum level of collective bargaining privileges for government workers. This level, the former Wisconsin level, is far higher than what federal employees get by law. Under equal protection, the federal employees would then be entitled to Wisconsin-level privileges. Even Obama doesn't want that.

16 posted on 06/15/2011 1:43:05 PM PDT by antiRepublicrat
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To: Jean S

This is going to go on for years.

It seems to me that Walker should start the layoffs, 2000 at a time.


17 posted on 06/15/2011 1:44:57 PM PDT by Gator113 ("GAME ON." I'll be voting for Sarah Palin, Liberty, our Constitution and American Exceptionalism.)
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To: All
From host.madison.com:
"Madison attorney William Conley was nominated Thursday by President Barack Obama to succeed the retiring U.S. District Judge Barbara Crabb on the federal bench."
18 posted on 06/15/2011 1:46:17 PM PDT by Jean S
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To: Jean S

Because as we all know, laws are made by judges, not by elected legislatures. /sarcasm


19 posted on 06/15/2011 1:46:37 PM PDT by cotton1706
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To: apillar
"...the best they can hope for is some ultra liberal Obama appointee issues a stay..."

And that is exactly what they got.

The case was assigned to Federal Judge William M. Conley

On October 29, 2009, President Barack Obama nominated Conley to serve on the United States District Court for the Western District of Wisconsin.

What are the chances that this case was "assigned" on a random basis? None I suspect.

20 posted on 06/15/2011 1:49:43 PM PDT by Bloody Sam Roberts (If you think it's time to bury your weapons.....it's time to dig them up.)
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To: Red Badger
Uh, this won’t fly. The feds can’t interfere with states internal government...............

Not if they find a leftist judge (most are) who violates his oath of office by ignoring our Constitution.

21 posted on 06/15/2011 1:50:51 PM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: Tatze
Judge William M. Conley, Appointed March 25, 2010 by Barack Obama. *********************************************************

Yep, they were definitely judge shopping.

22 posted on 06/15/2011 1:51:05 PM PDT by kara37
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To: Jean S

Laughable lawsuit. Borderline sanctionable.


23 posted on 06/15/2011 1:52:46 PM PDT by freedomwarrior998
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To: RobRoy

What about all the right to work states? ;-)


I was just thinking of that. Perhaps the Legislature and the Governor should up the ante and pass legislation making Wisconsin a right to work state too.


24 posted on 06/15/2011 1:53:23 PM PDT by The Working Man
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To: Red Badger

I used to think that ,too.

I guess we need re-education.


25 posted on 06/15/2011 1:53:35 PM PDT by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: Jean S

And the tantrum continues.


26 posted on 06/15/2011 1:55:04 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: Red Badger; RobRoy
The feds can’t interfere with states internal government...............

From the article:

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

The Obama Feds will interfere any damn where they want.

27 posted on 06/15/2011 1:55:04 PM PDT by tbpiper (Sarah Palin is the antivenin for the Obama poison)
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To: RobRoy

It’s their money, sort of...


28 posted on 06/15/2011 1:59:32 PM PDT by Eric in the Ozarks (Eh ?)
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To: tbpiper
Does Obama want all federal workers to have collective bargaining rights? I don't think so. The unions have just shot their last flare...not for rescue but for attention. Got to keep the thugs ginned up for the recall elections.
29 posted on 06/15/2011 2:00:54 PM PDT by JPG (Hey, LSM, how are those emails workin' out for ya?)
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To: Red Badger
Uh, this won’t fly. The feds can’t interfere with states internal government...

Do you mean the way that the Feds aren't interfering with the amendment to California's constitution known a Proposition 8?

Oh, wait...

30 posted on 06/15/2011 2:03:37 PM PDT by Tonytitan
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To: apillar

And they damn well know it; so a new question begs; what are the unions currently up to that they need this stalling tactic?


31 posted on 06/15/2011 2:03:37 PM PDT by Michael Barnes
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To: Jean S

Unions are like dead Democrat voters, they keep coming back and won’t rest in peace.


32 posted on 06/15/2011 2:08:53 PM PDT by eaglestar
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To: Jean S

What about collective bargaining rights? Don’t unions have special constitutional rights to:
1. Force public sector workers to join unions.
2. Force the state to act as collection agency to collect union dues.
3. Grant monopolies to teacher’s unions to sell overpriced, no-bid health insurance to school districts.
Those rights have to be somewhere in that living breathing US Constitution.


33 posted on 06/15/2011 2:09:33 PM PDT by grumpygresh (Democrats delenda est)
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To: Jean S

Surprised BO’s NLRB clown isn’t weighing in on this one yet.


34 posted on 06/15/2011 2:12:26 PM PDT by Always Independent
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To: Red Badger
Uh, this won’t fly. The feds can’t interfere with states internal government...............

LOL!

35 posted on 06/15/2011 2:16:42 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: Jean S

A Federal Court case was inevitable.


36 posted on 06/15/2011 2:18:05 PM PDT by Anti-Bubba182
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To: Jean S
The Wisconsin Legislature need to pass "loser pays" legislation to put an end to the left's frivilous lawsuits.
37 posted on 06/15/2011 2:18:33 PM PDT by smoothsailing
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To: RobRoy
>>The feds can’t interfere with states internal government...<<

I agree. Must be a publicity stunt.

Like Ms. Sherrod suing Breitbart.

We all know she doesn't dare reach the discovery stage or her over-stuffed goose is cooked.

38 posted on 06/15/2011 2:24:43 PM PDT by capt. norm (Blessed are they who can laugh at themselves for they shall never run out of material. c)
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To: Jean S
As far as I know the Federal Government does not have the authority to compel a state to collectively bargain with a Union.

Federal law is limited to whether the state can prevent them from organizing.

39 posted on 06/15/2011 2:27:00 PM PDT by Mariner (War Criminal #18)
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To: Red Badger

On October 29, 2009, President Barack Obama nominated Conley to serve on the United States District Court for the Western District of Wisconsin.


40 posted on 06/15/2011 2:28:25 PM PDT by Ingtar (Together we go broke (from a Pookie18 post))
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To: Red Badger

That and the fact that there’s no “right” to a specific level of income.

I suspect they’re planning to judge shop and hope they can get a liberal judge to issue a stay pending the case, then slow-roll the case.

Walker needs to order his AG to finish the publication of the law NOW. Then he needs to put it into effect immediately.


41 posted on 06/15/2011 2:28:41 PM PDT by ArmstedFragg (hoaxy dopey changey)
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To: Jean S
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."

Collective bargaining is a Constitutional right? Are they out of their fracking minds?! I guess they are assuming they automatically will get four SCOTUS votes and are hoping de facto Chief Justice Kennedy will be in one of his stupid moments when he votes on their case.

42 posted on 06/15/2011 2:30:30 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: SwankyC

The Bush v. Gore case had to do with a national election, not a state law, and I’m thinking that’s why the Supremes heard that case in the first place.


43 posted on 06/15/2011 2:36:47 PM PDT by Purrcival (Herman Cain 2012)
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To: Jean S

I’d tell ‘em, “Let’s make a deal!” Unions can have collective bargaining rights but, in return, they give up their ability to contribute to the campaigns of those who will be in any way involved with the bargaining process.

It completely subverts the collective bargaining system when those on one side can give money to those on the other side of the negotiations. If it were a shipyard and not a school board, or county commission, etc. it would be bribery pure and simple.

Collective bargaining works because the two parties on different sides. It stops working when one side can give the other side money, gobs of money, to keep them in their bargaining position.


44 posted on 06/15/2011 2:39:10 PM PDT by jwparkerjr (I would rather lose with Sarah/West than win with a any RINO!)
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To: Jean S

I wonder if these clowns grasp that every time they file one of these bogus cases and there’s an appeal, they make new law and that new precedent they’re setting isn’t going to be to their advantage down the road.


45 posted on 06/15/2011 2:40:13 PM PDT by ArmstedFragg (hoaxy dopey changey)
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To: Jean S

The leftist motto: “It’s never over until we win.”


46 posted on 06/15/2011 2:47:21 PM PDT by Argus
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To: Free Vulcan

Using resources now instead of 2012 to get the biggest union leader re elected. This is a good thing.


47 posted on 06/15/2011 2:56:23 PM PDT by wiggen (The teacher card. When the racism card just won't work.)
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To: Michael Barnes

Recall elections. Keep the story in the press.


48 posted on 06/15/2011 2:58:42 PM PDT by wiggen (The teacher card. When the racism card just won't work.)
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To: RobRoy; Red Badger
>>The feds can’t interfere with states internal government...<<

Want to bet? Federal judges have taken over individual states prison systems and dictated the "amenities" that must be provided by the taxpayers. Just recently California released tens of thousands of felons at the behest of federal judges to mitigate "overcrowding". Going back a few years, If you didn't knuckle under and adjust your interstate speed limit to "double nickels" the Feds would withhold your highway aid money. The list of Federal bullying goes on and on. It is also getting progressively worse and I do mean "progressively".

Regards,
GtG

49 posted on 06/15/2011 2:59:19 PM PDT by Gandalf_The_Gray (I live in my own little world, I like it 'cuz they know me here.)
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To: jwparkerjr

Money,volunteer work on campaigns. It’s a completely incestous relationship.


50 posted on 06/15/2011 3:00:25 PM PDT by wiggen (The teacher card. When the racism card just won't work.)
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