VICTORY!
1/22/2013 5:22:00 AM
Federal appeals court upholds Act 10 in its entirety
Court rejects unions’ arguments that collective bargaining reform is unconstitutional
Richard Moore
Investigative Reporter
Gov. Scott Walker and Republican lawmakers scored a major victory Friday, as a federal appeals court rejected union challenges to the constitutionality of Act 10, the state’s controversial collective bargaining reform law.
The statute, which curbed collective bargaining for most public employees, is not out of the woods yet. A separate case in which a state court ruled portions of the law unconstitutional is still pending.
Still, the sweeping nature of the decision in a federal appeals court was a huge win for Walker and his allies.
Concurring with a federal district court judge, the three-judge appeals panel said limitations on collective bargaining were constitutionally valid.
But the judges, in a partially split decision, overturned district court judge William Conley’s determination that the state’s different treatment of certain groups of employees on matters of union dues’ payroll deductions and union recertification violated both the U.S. Constitution’s Equal Protection Clause and the First Amendment.
The appeals panel said the different treatment violated neither.
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