Appeals Court Safeguards Wisconsin Teachers’ Freedom
Once again, the courts have upheld Wisconsin Act 10. Government employee unions in the city of Madison, Wisconsin, and Dane County do not have a constitutional right to monopoly bargaining. Reuters has the story.
The 7th U.S. Circuit Court of Appeals in Chicago ruled against public employee unions that represent workers for the city of Madison and Dane County.
In January 2013, the same court ruled against other unions, including the Wisconsin Education Association Council, in another case that raised similar objections.
The court said there is no legal precedent saying the right to petition gives unions a constitutional right to collective bargaining. Likewise, Judge Joel Flaum wrote in the majority opinion, unions do not have a free association right to engage in negotiations.
“The unions cannot wield the First Amendment to force Wisconsin to engage in a dialogue or continue the state’s previous policies,” Flaum wrote.
The case is Laborers Local 236 v. Walker, 7th U.S. Circuit Court of Appeals, 13-3193.